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Community Treatment of E-Cigarettes in the Mail

Disrupt

Former member
Opportunity for participation:

Treatment of E-Cigarettes in the Mail

A Proposed Rule by the Postal Service on 02/19/2021
This document has a comment period that ends in 31 days. (03/22/2021)

Definition of ENDS​

The proposed rule uses the definition of ENDS contained in 15 U.S.C. 375(7), as amended by section 602(a)(1)(C) of the Act. Under this definition, an ENDS is any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device. Examples include e-cigarettes, e-hookahs, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes. Provisions relating to ENDS also extend to any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device. Despite the name, an item can qualify as an ENDS without regard to whether it contains or is intended to be used to deliver nicotine; liquids that do not actually contain nicotine can still qualify as ENDS, as can devices, parts, components, and accessories capable of or intended for use with non-nicotine-containing liquids.

Excluded from the statutory definition are products approved by the Food and Drug Administration for sale as tobacco cessation products or for other therapeutic purposes and marketed and sold solely for such purposes.
Comment at the link. Does cannabis fit the above?
 
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I am confused as to once read why there is any confusion regards cannabis vapes........it ain't covid.
:razz2:

The bill plainly states ALL vaporizers they went to some length to make that clear.
However it only applies to the word vaporizer not aroma therapy devices,vehicles,heaters......just vapes and e juice delivery systems.
I for see zero actual changes except for less choice when it come to advertising.
 
I for see zero actual changes except for less choice when it come to advertising.

Hope you're right, and the highlighted exemption speaks to your point "or for other therapeutic purposes and marketed and sold solely for such purposes." (Recommend including this in your public comment.) And cannabis is probably a low enforcement priority. Still, it's better to clarify now than to legally challenge enforcement later:
  • "vape pens" refers mainly to cannabis vapes; nicotine vapers don't call JUUL's device (for example) a vape pen, they call it an e-cig.
  • "any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device" box mods, atomizers, etc.
  • "liquids that do not actually contain nicotine can still qualify as ENDS, as can devices, parts, components, and accessories capable of or intended for use with non-nicotine-containing liquids" couldn't be plainer if they said "includes devices intended for cannabis use." Also includes CBD and whatever else people are vaping. There's no basis for this in the Tobacco Control Act, IMO.
Edit: that exemption isn't be worth much, come to think of it. If a nicotine vaper can't have a box mod shipped to them from an online nicotine vape shop (and they already can't in certain states), does it make sense for them to be able to get one from an online cannabis vape shop? Maybe for truly cannabis-specific devices, but some components are potentially dual use.
 
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