Congress and USPS Inadvertently Restrict Consumer Access To Vaporizer Cartridges, Batteries, Etc

At the end 2021, while passing the annual omnibus federal spending package, a seemingly well-intentioned piece of legislation was attached that could have dire consequences for the cannabis consumer marketplace.

Members of Congress included language, the Preventing Online Sales of E-Cigarettes to Children Act of 2020, to modify the Prevent All Cigarette Trafficking Act of 2009 (PACT Act), to prohibit the United States Postal Service (USPS) from shipping any Electronic Nicotine Delivery Systems (“ENDS”). As broadly interpreted, this new restriction would also include a ban on shipping any vaporization technology or product. 

I asked our NORML chapter leaders how they think this broad interpretation of the law may impact them and this is what they said:

  • Overall, this change will negatively impact those adults and patients who prefer non-combustible inhalation access to supplies and devices needed to do so.
  • This change could prolong the longevity of the illicit market by forcing the distribution of these products and devices to the underground, unregulated market.
    • Further, this means that cannabis consumers who prefer to vape cannabis are more likely to be using unsafe, unregulated vaping products, which have the potential to be adulterated or contaminated, but potentially endangering their health
  • It will harm or inhibit the small businesses that currently service consumers vaporization products’ ability to receive low-cost shipping, thus forcing them to pass the costs to consumers or even potentially hurting their likelihood to remain open. 
    • Any store closures would then further disadvantage consumers abilities to access vaporization products to consume their cannabis

So how do we fix this? 

Right now, the USPS is accepting public comment until March 20th, and the fix is relatively simple. The USPS simply needs to clarify that these new changes do not include non-nicotine vaporization devices. 

We have made it simple for you to send a message to the USPS and to encourage them to not treat cannabis vaping devices like cigarettes. 

Click here to send a message before / on March 20th to the USPS public comment line


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