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How Vape Mail Ban Will Hurt Kids More

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The vape mail ban which goes into effect tomorrow, is said by government officials to be for the protection of children. However, as blocking the safer way of smoking, while offering no better options, the vape mail ban will likely hurt kids even more.

It’s almost here, the last day for us to legally send you out delta-8 THC vape carts. Due to the vape mail ban which is about to go into effect, we will no longer be able to send out vape carts for a little while. So literally ‘right now’ is your last chance to take advantage of these great Delta-8 THC deals, so we can mail it out while it’s still legal to do so.

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Ban on shipping delta-8 THC, CBD, e-Juice carts & more

The whole thing has been fishy from the get-go, with Trump signing off on the omnibus corona relief bill last December, setting into motion a flurry of new laws concerning how tobacco products and cannabis products can be sent in the mail. How would such laws be part of a corona relief bill? Good question. The Omnibus Appropriations and Coronavirus Relief Package is an omnibus bill, which means it functions differently than other laws. They are made to include many different laws on many different topics, and as such, are not debated in congress as they are too expansive and varied to debate. They simply need to pass a vote and that’s it.

Omnibus bills often carry ‘riders’, or unrelated laws that have nothing to do with the main subject matter, and are known as a way for the government to pass legislation under the cover of night. If you’re unfamiliar with the term, it means what it sounds like. Doing something in darkness so no one can see. Other similar methods of keeping pending legislation away from regular citizens, and passing unpopular laws, include voting on laws in the middle of the night, voting on holidays, not releasing draft legislation to the public, and promoting bigger media stories to divert attention.

So we can infer from how it was passed that it wasn’t desirable for us (the public) to know a whole lot about it. The bill had actually already passed both houses of congress by last summer in a different form, but President Trump originally had no desire to sign the bill. He did so later on in the year. The provision for the mail vape ban, called the Preventing Online Sales of E-Cigarettes to Children Act, goes into effect on March 28th. The ban is specifically on tobacco vape products, with cannabis products falling into this category due to 2008’s Federal Law for Control of Tobacco Products bill.

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Is this a ban?

No, not at all. A ban means something is not allowed. A banned product means that it’s production, sale and use are all illegal, and in this case, none of that is true. All the products mentioned above are legal to produce, sell, and use (with some products riding a legal gray line), the only thing banned, is the shipment, and even that isn’t banned at all. What is banned, is using the mail system to send unregulated products through the mail.

And the law is not so much a ban, but a requirement to adhere to regulatory standards that happen to have a scary amount to do with reporting on customers, though they also close tax holes that have allowed for lost revenue to the government (fair enough, I guess), and weirdly… protect kids? The latter reason, of course, is the stated reason. But this mail vape ban seems more to be a continuation of PACT, which acted to close tax holes on tobacco products by forcing high levels of regulation in 2009, and which acted itself as an update to the Jenkins law of 1949. In order for a company to be able to send vape products through the mail, they will have to do the following:

Verify age of all customersSubmit information on all customer purchases (products and numbers)Update all customer information when changed or no ability for deliveryUse only specific post offices that were named in the beginningBring all packages in for face-to-face processingCollect signature at point of delivery by an adult, and only use private shipping services to do soRegister with ATF and all relevant state and local government offices for where company will do businessPay taxes to all relevant agencies, and apply required tax stamps to products

These regulations not only require companies to violate customer privacy by reporting to the government about products being bought, but it puts a lot of specific requirements on shipping that slow down the general process, and which require companies to apply sales or excise taxes that they had not been, thus raising prices. It also adds a degree of difficulty considering taxation is a complicated subject, all states have their own specific laws, and companies must be in complete compliance in order to operate. This will make it harder for smaller companies that can’t pay out as much, especially in the beginning transitional period. It is also very bad for companies that make many and big shipments, which means it hurts manufacturers as much as suppliers.

What are the kids up to these days?

If the stated reason for this law is to protect children, let’s look at whether the vape mail ban will help kids or hurt kids more. When it comes to overall tobacco use, according to the CDC, approximately 7/100 kids in middle school (6.7%), and 23/100 high school students (23.6) reported use of a product in 2020. The agency goes on to say that in 2019, approximately 1/4 of kids in middle school, and 1/2 of high school students said they tried a tobacco product at least one time.

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Beth Edmonds