“Roll your own” smoke shops in Wisconsin are taking the state to court. Several of the retailers have filed a lawsuit in Dane County Court, challenging a decision by the state Department of Revenue requiring the businesses to get state permits and charge Wisconsin’s hefty cigarette taxes.

Kurt Kruchten owns a business called “Smokes for Less” in Slinger, northwest of Milwaukee. He says the agency is wrong in its claim that the outlets are manufacturing cigarettes and tobacco products. Kruchten says it’s the customers who make the smokes and they just use a machine that’s owned by the store.

The Revenue Department estimates there are 100 or more of the outlets in the state, and claims they are currently in violation of tax codes. The Department sent out notices last month after receiving complaints from other cigarette retailers.

AUDIO: John Colbert reports (:36)

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