Is mailing vapes illegal?
POSECCA bans vape mail and requires all vape shippers to comply with the 2009 Prevent All Cigarette Trafficking (PACT) Act. Originally, this law only applied to the sale of cigarettes or smokeless tobacco, but vape products have now been added to the list of items regulated by the PACT Act.Nov 29, 2021
Can you send vapes in the mail 2021?
USPS Officially Prohibits Shippers to Send Vapes and E-Cigarettes through its Network. On October 21, 2021, USPS issued a final ruling that prohibits individuals and small businesses from sending vapes through the mail. This ruling also applies to electronic cigarettes and other battery-powered nicotine products.Feb 17, 2022
Can I mail vapes USPS?
The USPS Final Rule bans the shipment of Electronic Nicotine Delivery Systems (ENDS) through the postal service unless an exception is met.Nov 3, 2021
Can USPS deliver vapes?
—The United States Postal Service has finalized a rule that will no longer allow vaping products to be delivered through the U.S. mail, according to Vaping360. The ruling applies to both nicotine and cannabis products and takes effect immediately.Oct 22, 2021
What is the Pact Act?
The PACT Act itself was first passed in 2009, as an amendment to “the Jenkins Act.”. It originally prohibited USPS from shipping “cigarettes and smokeless tobacco products.”. Basically, it meant you couldn’t send cigarettes in the mail. December 2020’s COVID relief bill simply amended the act to include “ electronic nicotine delivery systems (ENDS) ...
What is an Ends device?
December 2020’s COVID relief bill simply amended the act to include “ electronic nicotine delivery systems (ENDS) .”. “…any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user from the device.”.
What does "promulgate" mean in the postal service?
“Promulgate” is a fancy word that means, “put it into effect and publicly announce it.”.
Why is compliance important in counterculture?
The issue of “compliance” is absolutely crucial for any vendor hoping to operate within the counterculture space. It requires a lot of time and resources to keep businesses compliant with the ever-changing landscape of a tightly-regulated industry.
When was the Pact Act passed?
Signed by President. The PACT Act amendment was passed on December 27, 2020 by Congress as a part of the COVID relief bill with bipartisan support under President Donald Trump.
When is the deadline for USPS 2021?
Deadline Passed. The April 26, 2021 deadline Congress issued to the USPS came and went, with the USPS determining that they needed more time. This was, in part, due to the outpouring of comments from those in the industry explaining the gravity of such a ban and the devastation it would cause to its stakeholders.
Can you have vapes shipped to your address?
The most likely impact will be that you can still have vapes shipped directly to your address— but it will involve more logistical red tape, higher cost, and stricter policies. For the companies that can afford to navigate around the regulations, it will be complicated and costly.
When will vape mail ban take effect?
Vape Mail Ban Takes Effect April 5 – What to Expect. On December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021, a spending bill to provide stimulus to the American people during Covid. But it sneakily applied a vape mail ban as well. Buried within that act were 5 nasty pages which included the “ Preventing Online Sales ...
When will the USPS start accepting feedback?
As part of USPS’ rulemaking process they are accepting public feedback through March 20, 2021. Now is the time to let them know that their terminology is too broad.
Is oil pens banned?
While oil pens are 100% going to be banned under this regula tion. Unfortunately with the wording in the act being extremely broad, oil pens and concentrate vaporizers will at least temporarily have a target on their back.
Quick Hits
The USPS vape mail ban is now in effect. It prevents both the cannabis and nicotine industries from shipping vaping products through the US mail. Businesses can no longer ship vaping products directly to consumers.
Why did this happen?
Last December, President Trump passed a bill that created a loophole in the current law that allowed minors to access and purchase electronic cigarettes and vapes through the internet without an age verification.
What is illegal in the USPS Vape Mail ban
POSECCA forced the USPS to ban the shipping of vaping products through the US Mail. Due to the verbiage in the original bill and despite a lot of pushback from cannabis industry stakeholders, the USPS vape mail ban extends to products that are intended for both nicotine and cannabis products.
Exceptions in the USPS Vape Mail ban
While this is a massive ban that affects a lot of different industries and businesses, the new rule does have a few exemptions. For example, private citizens can ship these products to each other, but no more than 10 packages per month with each package weighing less than 10 ounces.
The PACT act and private deliveries
While POSECCA required the USPS to make new regulations for mailing vapes, it also forced all vape products into the Prevent All Cigarette Trafficking (PACT) Act. These laws were originally introduced to prevent delivering cigarettes through US mail to combat tax avoidance by online and mail-order sellers.
What is the bill to ban vaping mail?
Back in November 2019, The Senate proposed a bill under the name of S-1253. This would bill ensures a total United States Postal Service Vape Mail ban. Here is everything you need to know, including how to fight back.
Is vaping a non-essential business?
Many online retailers have seen a huge spike in sales since many states see vaping as a “Non-essential” business. Vape mail is at an all-time high across the country. The bill not only has an effect on the consumer. Many websites and companies have contracts with the Postal Service, which allow them to offer special rates.
Is vape mail banned?
The bill states that the USPS would be completely prohibited from accepting any form of vape mail being delivered to individual consumers. This includes liquid, hardware, and even batteries from hundreds of domestic retailers.
Do vapers use online retailers?
The biggest consumer blow will come to people who live in rural areas. Many vapers use online retailers almost exclusively, due to where they live.
Is age verification a problem for vaping?
While it’s easy to point out the flaws of this bill, it’s also easy to see a bit of sensibility. If the issue of teen vaping is such a problem, this is yet another safeguard in place as prevention.
Does the S-1253 cut ties with the postal service?
This why you see so many offers for free shipping if you spend X amount of dollars with a retailer. S-1253 would cut ties with the Postal Service all together for these big websites.
The USPS ban covers both nicotine and cannabis vapes
The clear language of POSECCA forced USPS to prohibit shipping any vaping product through the U.S. Mail. In its response to comments, the Postal Service says it simply doesn’t have the power to veer from Congress’ words, which don’t distinguish between the products “ENDS” are intended to vaporize.
Exceptions: B2B, private individuals, Alaska and Hawaii
The new rule exempts business-to-business (B2B) shipments from the mail ban, along with shipping to consumers within the borders of Alaska and Hawaii, and limited non-commercial shipping between private individuals.
The PACT Act and private delivery services
In addition to requiring USPS to issue regulations prohibiting vapes from being mailed, POSECCA forced all vape products into the existing Prevent All Cigarette Trafficking (PACT) Act (which is an amendment to the much older federal Jenkins Act). Those laws were originally passed to eliminate U.S.
When will vape mail stop?
On December 27, 2020 , President Trump signed a bill called “Preventing Online Sales of E-Cigarettes to Children Act,” also known as the “Vape Mail Ban.”. This bill bans all home deliveries and shipments of vape products across the country. DHL, FedEx, and UPS have all released dates on when they will cease deliveries of vape products.
Do vape shops need to register with the Attorney General?
Online vape shops depend on shipping couriers to deliver their products to their customers , only after strict ID verifications. This new law creates new challenges to overcome, should they find a courier that is willing to ship vape products: Online vape shops are required to register with the Attorney General.
Why are illegal products hard to stop?
Politicians aren't known for being a logical lot though. Illegal products are hard to stop at the origin because they aren't from a known shipper. Vape companies are legitimate businesses that normally operate out of one premises, so it's very easy for Fedex/USPS to simply blacklist them if they want to.
How many things can a president pass in 8 years?
Presidents are lucky if they can pass even 1 major thing in their entire 8 year limit. At best they usually pass 1 thing per 4 year term. Trump was the first in a long time to go nuts getting as many things as possible passed, even with resistance at every turn from day 1 to the end of his term.
How long do you keep records of a delivery interrupted?
Maintain records for five years of any “delivery interrupted because the carrier or service determines or has reason to believe that the person ordering the delivery is in violation of the [PACT Act]”.
Is USPS the only delivery service?
Luckily USPS isn't the only delivery service out there. What doesn't make sense to me is politicians are complaining about the current condition of USPS and insisting that they need money to be repaired yet they limit something that isn't illegal in any state so far and they profit off of regularly.
Is vaping safer than smoking?
In England and the United States, only one in three adults is aware that there is scientific evidence available, including from leading public health authorities, that supports the conclusion that vaping is less harmful than smoking,” O’Reilly said. ".
When will USPS stop shipping vapor products?
Here's the breakdown, and the dates: USPS will not be shipping direct to consumers on or around April 27th. FedEx has stated they will not ship vapor products starting March 1st. UPS has stated they will not ship vapor products on or after April 5th. DHL already restricts domestic shipping of vapor products.
What is consumer testing?
Consumer Testing: limited shipments of cigarettes sent by verified and authorized manufacturers to adult smokers for consumer testing purposes; Public Health: limited shipments by federal agencies for public health purposes under similar rules applied to manufacturers conducting consumer testing.
How long is the penalty for not complying with the Pact Act?
Penalties for not complying with the PACT Act include up to three years in prison. Interested parties will have 30 days to comment on the U.S. Postal Service rules adn therefore subimt an apeal mailing electronic nicotine-delivery systems (ENDS).
What is the PACT Act?
This is all the results of The PACT Act (Prevent All Cigarette Trafficking Act) that requires online retailers to collect state/local taxes before shipping orders, register with the federal government, and provide detailed information every month to each state's tax department, including the names and addresses of each customer .
Which states will only mail Ends products?
The USPO rule states that the agency will only mail ENDS products under narrowly defined circumstances: Non-contiguous States: intrastate shipments within Alaska or Hawaii;
Can vapor products be sold in brick and mortar stores?
Not all consumers of vapor products have access to brick-and-mortar stores due to their health, disabilities, or even their location. And with PMTA enforcement around the corner, the selection of products deemed legal by the government will be so small that many stores won't be able to survive.
Is B2B mailing allowed?
Many business were unsure if B2B mailing would be allowed. The unpublished rules say they will be allowed. According to Azim Chowdhury, a partner at Keller and Heckman, the PACT Act has historically exempted businesses-to-business deliveries from the USPS ban.
What Is The Pact Act?
- The PACT Act is effectively a mail ban on vapes. It prohibits the USPS from shipping vapes and e-cigarettes directly to consumers. But you can still ship them with UPS and FedEx, right? Nope. They banned vapes, too.
What Does The Pact Act Mean?
- The PACT Act itself was first passed in 2009, as an amendment to “the Jenkins Act.” It originally prohibited USPS from shipping “cigarettes and smokeless tobacco products.” Basically, it meant you couldn’t send cigarettes in the mail. December 2020’s COVID relief bill simply amended the act to include “electronic nicotine delivery systems (ENDS).” The bill defines this as: “…any electr…
Huh?
- Congress is basically saying, “You know how you can’t mail cigarettes and chewing tobacco? Now you can’t mail vapes, either. Any of them. USPS: get on it.” The truth is, Congress does not understand the products or the stakeholders affected by this regulation. There was not much care or forethought as to the specific consequences this plan would have on the vape industry. An im…
What Can We do?
- As the deadline for comments to the USPS has passed, the only thing left to do is to contact your local representative. Remember: this bill is likely the result of lawmakers not fully understanding the industry and individuals it will impact. You can use CASAA’s lookup toolto find your representative based on your zip code and address.
What Does This Mean For Me?
- The most likely impact will be that you can still have vapes shipped directly to your address— but it will involve more logistical red tape, higher cost, and stricter policies. For the companies that can afford to navigate around the regulations, it will be complicated and costly. This will make it difficult for smaller retailers to exist, and many of them will be driven out of business. For now, s…