Are cuban cigars legal in the United States?

Important — Laws changed in September 2020

Many articles online still say it is legal to bring Cuban cigars back to the US. Those articles are outdated. The Trump administration reversed Obama-era rules on September 24, 2020, reinstating a full ban on importing Cuban tobacco into the United States. Always check the date on anything you read about this topic.

If you have ever searched for Cuban cigars online or heard a fellow aficionado talk about picking some up on a trip abroad, you have almost certainly wondered: are Cuban cigars actually legal in the US?

The short answer is: no — you cannot buy, import, or sell Cuban cigars in the United States. But the longer answer involves decades of political history, a brief window of relaxed rules, and a 2020 reversal that caught many smokers off guard. This guide covers everything you need to know, including what happens if you get caught and what legal alternatives are worth trying.

Quick Answer

It is illegal to import, purchase, or sell Cuban cigars in the United States due to the U.S. trade embargo against Cuba. As of September 24, 2020, even bringing them as personal luggage from any country is prohibited. Buying them from online stores that ship to a U.S. address is also illegal. Possession is not a crime in itself, but importation is — and so is online purchasing.

The U.S. Embargo on Cuba: A Brief History

To understand why Cuban cigars are illegal in the US, you need to go back to 1959. When Fidel Castro came to power, his government began nationalizing private businesses, including cigar factories, seizing them from their owners without compensation.

In response, President John F. Kennedy signed a comprehensive trade embargo against Cuba in February 1962. The embargo made it illegal for American citizens to purchase, import, or trade any Cuban-made goods, including what were then considered the finest cigars in the world. History has it that Kennedy ordered his press secretary, Pierre Salinger, to secure 1,200 Cuban Petit Upmanns the night before he signed the embargo.

The embargo has remained in place, with some brief interruptions, for over six decades. Here is how the rules have evolved:

Period

Administration

Rule

1962–2014

Multiple

Full ban. Authorized Cuba travelers could bring up to $100 in Cuban goods for personal use.

2014–2016

Obama

Gradual loosening. Travelers could bring back up to $800 in Cuban tobacco from any country.

2016–2020

Obama / Trump

No dollar limit on personal-use imports from any country, subject to standard duty-free limits.

Sept 2020–present

Trump (reinstated)

Full ban reinstated. No Cuban tobacco or alcohol may be brought into the US from any country, by anyone.

The current legal framework is governed by the U.S. Treasury’s Office of Foreign Assets Control (OFAC) and enforced by U.S. Customs and Border Protection (CBP). The embargo itself requires an act of Congress to be lifted — something that has not happened and is not expected in the near term.

Is It Legal to Buy Cuban Cigars Online in the US?

No. It is not legal to buy Cuban cigars online if you are based in the United States, regardless of where the seller is located.

You may come across websites, often based in Europe, Canada, or elsewhere, that offer to ship “authentic Cuban cigars” to any country, including the US. Purchasing from these sites puts you at legal risk on two fronts:

Importing prohibited goods: When the package enters the US, it is subject to seizure by CBP. Cuban tobacco is a controlled import under OFAC sanctions, not just a standard customs item.
Counterfeit risk: A large percentage of “Cuban cigars” sold online to American customers are outright fakes. Because buyers cannot complain to authorities without admitting to an illegal purchase attempt, counterfeit sellers target US customers specifically.

There is no licensed, legal retailer in the United States that can sell genuine Cuban cigars. If a website is based in the US and claims to sell authentic Cohibas or Montecristos, they are either fraudulent or selling non-Cuban cigars under misleading branding.

Can You Bring Cuban Cigars Into the US?

No. Not since September 24, 2020.

Prior to that date, travelers returning from Cuba with a valid travel license could bring back a limited amount of Cuban tobacco for personal use. And for a period under the Obama administration, any American traveler returning from any country could bring back up to $800 worth of Cuban cigars duty-free.

That window is closed. Per current CBP guidance:

“Effective September 24, 2020, authorized travelers may no longer return to the United States with alcohol and/or tobacco products acquired in Cuba as accompanied baggage, for personal consumption or as gifts.”

This applies universally. It does not matter whether you bought the cigars in Cuba, Mexico, Canada, Spain, or any other country. Cuban-origin tobacco cannot enter the US in any form carried by a traveler.

What Are the Penalties for Getting Caught?

The consequences of attempting to bring Cuban cigars into the US are real and can be significant:

Confiscation: CBP agents will seize the cigars immediately. You will not be reimbursed for what you paid.
Civil fines: OFAC has the authority to impose civil penalties. For embargo violations, fines can range from $1,000 to over $300,000 per transaction depending on intent and value. Enforcement at the individual traveler level typically involves the lower end of the range.
Criminal prosecution: In egregious cases, such as large quantities, commercial intent, or repeat offenses, criminal prosecution is possible with potential prison time.
For online purchases: If a package is intercepted, CBP confiscates it. You may also receive a notice from OFAC depending on the value of the goods.

In practice, most travelers caught with a few cigars face confiscation and a warning. But the risk increases significantly with quantity or if you declare the goods and their Cuban origin is confirmed.

Can You Smoke a Cuban Cigar in the US?

This is where things get nuanced. The embargo makes importation illegal, not possession per se.

If someone gave you a Cuban cigar while you were abroad and you smoked it there, no law was broken. If you are on US soil and have a Cuban cigar in your hand, you are not automatically committing a crime in the same sense as if you smuggled it across the border. Prosecution for simply possessing a single cigar is essentially unheard of.

However:

If you acquired it by smuggling it into the country, the importation itself was the violation.
If you purchased it from an illegal source inside the US, that transaction violated embargo rules.
Selling or gifting Cuban cigars within the US is prohibited under OFAC regulations.

In short: the legal risk lies in how you obtained it, not in lighting it up.

Can Americans Travel to Cuba to Buy Cuban Cigars?

Yes. Americans can travel to Cuba, but not freely. To do so legally, you must qualify for one of eleven authorized travel categories established by OFAC. These include:

Family visits
Journalistic activity
Professional research and meetings
Educational activities
Support for the Cuban people
Humanitarian projects
Religious activities, among others

Standard tourism is not a qualifying reason. You cannot legally fly to Havana simply to buy cigars.

If you do travel to Cuba under a valid license, you can legally purchase and smoke Cuban cigars while you are there. You just cannot bring any back to the US. And if you plan to buy from local vendors rather than official Habanos stores, be aware that counterfeit cigars are widespread, even in Cuba itself.

The Best Legal Alternatives to Cuban Cigars Available in the US

Here is some good news: the cigar world has changed dramatically since 1962. The Cuban embargo drove many of Cuba’s most skilled torcedores (cigar rollers) and tobacco farmers to Nicaragua, the Dominican Republic, Honduras, and other countries, taking their expertise with them. Today, some of the finest cigars in the world are made outside Cuba and are perfectly legal to buy in the US.

Nicaraguan Cigars

Widely regarded as the closest in profile to Cuban cigars. Brands like Padrón, Liga Privada, and Perdomo consistently score at the top of major cigar publications.

Dominican Republic Cigars

Arturo Fuente is arguably the most celebrated cigar brand in the world. The DR produces refined, elegant blends that rival anything from Havana.

Honduran Cigars

Honduras grows robust, full-bodied tobacco. Brands like Alec Bradley and CAO have built their reputations on Honduran leaf.

Cuban Seed Tobaccos

Many New World cigars use original Cuban seed strains grown outside Cuba. These offer authentic Cuban flavor profiles, legally available in the US.

Explore Premium Legal Cigars

Browse our curated selection of Nicaraguan, Dominican, and Honduran cigars, expert-picked alternatives with the complexity and flavour Cuban aficionados love.

Shop Premium Cigars

Frequently Asked Questions

Can I buy real Cuban cigars in the US?

No. It is illegal to purchase, import, or sell Cuban cigars in the United States. No licensed retailer in the US can legally sell them, whether in-store or online. Any retailer claiming to sell authentic Cuban cigars within the US is either selling counterfeits or operating outside the law.

What happens if you get caught with a Cuban cigar in the US?

If caught attempting to import Cuban cigars, they will be confiscated by U.S. Customs and Border Protection. OFAC can impose civil penalties ranging from thousands to hundreds of thousands of dollars depending on the quantity, intent, and circumstances. Criminal prosecution is possible in serious cases.

Will TSA confiscate Cuban cigars?

TSA’s primary role is security screening, not import compliance. However, CBP agents at customs entry points can and do confiscate Cuban cigars. If you declare them or they are identified as Cuban-origin at customs, they will be seized. TSA may also flag them if they identify Cuban-branded packaging.

Can I bring Cuban cigars into the US from Mexico or Europe?

No. Since September 24, 2020, it is illegal to bring Cuban tobacco products into the US from any country, including Mexico, Canada, the UK, or any European nation. The origin of the tobacco matters, not where you purchased it.

Are Cuban cigars legal in Puerto Rico?

No. Puerto Rico is a U.S. territory and falls under the same federal trade embargo and OFAC regulations. The exact same restrictions that apply in any U.S. state apply in Puerto Rico.

Is it legal to buy Cuban cigars online if the seller ships from another country?

No. The legality is determined by where the goods are received, not where the seller is based. Purchasing Cuban cigars from a foreign website for delivery to a US address violates OFAC sanctions. The package is also subject to seizure by CBP upon entering the country.

Are there any Cuban cigars legally available in the US?

No authentic Cuban cigars are legally available for purchase in the US. However, many excellent cigars use Cuban seed tobacco grown in other countries. These Cuban-style cigars are completely legal and, according to many critics, rival or surpass the originals.

Could the embargo be lifted in the future?

Possibly, but it requires an act of Congress, not just an executive order. The Helms-Burton Act of 1996 codified the embargo into law, making it much harder to remove through presidential action alone. As of 2026, there is no active legislation to lift it.

Sources:
U.S. Customs and Border Protection — Bringing Cuban Goods into the United States
Office of Foreign Assets Control (OFAC) — Cuban Assets Control Regulations
This article is for informational purposes only and does not constitute legal advice. Regulations may change — always consult OFAC for the most current guidance.

Frequently asked questions

Can I buy real Cuban cigars in the US?

No. It is illegal to purchase, import, or sell Cuban cigars in the United States. No licensed retailer in the US can legally sell them, whether in-store or online.

What happens if you get caught with a Cuban cigar in the US?

If caught attempting to bring Cuban cigars into the US, the cigars will be confiscated by U.S. Customs. OFAC can impose civil penalties ranging from thousands to tens of thousands of dollars depending on the value of the goods.

Will TSA confiscate Cuban cigars?

TSA screens for security threats, not import violations. However, CBP agents at customs checkpoints can and do confiscate Cuban cigars. If you declare Cuban cigars at customs, they will be seized.