US Mail Ban On Vapes Takes Effect

The vape mail ban takes effect.

WASHINGTON — The United States Postal Service (USPS) issued a final rule on October 21 prohibiting the mail delivery of vaping products throughout the country.

Such a change will dramatically harm e-commerce verticals in the nicotine and marijuana vaping product segments. The ban applies to all vaping products, according to the Federal Register.

“It goes without saying that marijuana, hemp, and their derivatives are substances,” the US Postal Service said.

“Hence, to the extent that they may be delivered to an inhaling user through an aerosolized solution, they and the related delivery systems, parts, components, liquids, and accessories clearly fall within the [Preventing Online Sales of E-Cigarettes to Children Act’s] scope,” the agency said in the Federal Register.

Under the new regulations, retail customers cannot receive vapor products through USPS delivery. The agency, however, will still mail vapor products under a standard of narrow circumstances.

Coverage on the regulation by Tobacco Reporter notes that these circumstances include the following:

  • Noncontiguous states and intrastate shipments within the states of Alaska and Hawaii.
  • Products sent for business and/or regulatory purposes.
  • Specific individuals and lightweight shipments mailed between adult individuals are limited to 10 per month.
  • Consumer testing purposes.
  • “Public health” purposes by federal agencies under rules similar to manufacturers conducting consumer testing.

The restrictions on cannabis-derived vaping products are noteworthy. The final rule covers marijuana and hemp vapes, including vapes made from legally cultivated hemp.

Vapes with high THC concentrations are still illegal to mail.

Vape manufacturers that deal with cannabinoid components across the THC spectrum are also subject to the new USPS regulations.

Observers in the nicotine and marijuana vaping segments note that the ban’s impacts will be substantial, reports MJBizDaily.

There appears to be an exemption for heated tobacco products. These devices aren’t explicitly stipulated in the final rule but could fall into the hands of the existing tobacco ban in the mail.

The Department of Justice will likely have the final say on the segment of heated tobacco because the agency is tasked with enforcing the Prevent All Cigarette Trafficking Act.

The enforcement of the new USPS rule has yet to be seen.

Vaping Post will follow this story closely in the coming months.

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