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Thread: What is the law as far as selling nicotine?

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    Default What is the law as far as selling nicotine?

    I talked with a compunding pharmacist today whom I was buying dropper bottles from. I told her what they were for and she voiced her opinion about how it was just prolonging an addiction and blah, blah, etc. She said that if I'm "dealing drugs" without proper licensing that I could be in big trouble.
    So my question is this: if I am selling liquid nicotine, is it illegal? Nevermind what it's intended use is. Is it illegal to sell nicotine without some sort of license? You don't need a license to sell cigarettes, just a tabacco tax stamp. Can I be arrested for selling "controlled drugs" at my kiosk? This pharmacist has me a bit worried.

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    I think this depends from state to state, but selling tabacco products are not illegal, but illegal to minors. Under federal law, this doesn't fall under burning tabacco restrictions....but it is still a product of tabacco. Most retailers have to acquire a license to sell tabacco or products of and for tabacco(like rolling papers) which could be as simple as signing a document stating that you will not sell to minors. But again, this is a product of tabacco and not for tabacco.

    You should really talk to a lawyer. Get a free consultation or pay for it so you can get correct legal advise. It's worth it, to avoid the headache in the long run.

    Your a seller of this product with in the US, so laws of transportation and shipping may apply differently to you than it would be to a buyer or the discreet shipment from China. Especially if you have large amounts....since nicotine is not only a drug, but a poison, you could be in a world of hurt if your pulled over....this is just speculation though. But based on Hazmat transportation of nicotine liquid. Hazardous Materials Although your not carrying pure nic, an officer would want to see proof that it isn't (that is, if he's a complete A hole!). Plus your in Oklahoma....doesn't this state have strict laws?....atleast they finally lifted the skin ink ban!lol

    Here is some helpful info that revolves around your state. This could/may be useful for you to use as a guideline, but not necessarily follow.
    OSCN Found Document:Unlawful to Sell or Furnish Tobacco Products to Persons Under Eighteen (18) Years of Age

    I'm just stating the possible, not certainty.


    Again, I would talk to a lawyer.

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    Quote Originally Posted by Zben504 View Post
    Is it illegal to sell nicotine without some sort of license? [...] Can I be arrested for selling "controlled drugs" at my kiosk? This pharmacist has me a bit worried.
    I'm sorry - I know I'm about to sound like an a**hole and I don't mean to, but I have to ask...

    Isn't this something you should have figured out before you started your business?

    Anyway - I'd like to know myself out of curiosity but I think dedmonwakin is absolutely right. You should be consulting with a lawyer.

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    consulting with a lawyer is the best. The only thing i've been able to find in oklahoma is a bill defining tobacco as including any tobacco substitute. I think that was in the bill on tobacco tax, but i'm not sure offhand.

    edit - it was in tobacco tax legislation. Not sure what current legislation says, but Oklahoma SB543 (and I havent found if it passed or not) says
    (g) The words "tobacco products" shall mean any cigars, cheroots, stogies, smoking tobacco (including granulated, plug cut, crimp cut, ready rubbed and any other kinds and forms of tobacco suitable for smoking in a pipe or cigarette), chewing tobacco (including cavendish, twist, plug, scrap and any other kinds and forms of tobacco suitable for chewing), however prepared; and shall include any other articles or products made of tobacco or any substitute therefor.
    Last edited by OutWest; 07-15-2009 at 02:24 PM.

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    I don't know about nicotine, but a general rule of thought is that I can't bake cookies in my kitchen and take them to a kiosk to sell them. (Most "bake sales" are illegal, did you know that?) You have some legal responsiblities for the people buying your goods, i.e., that they meet standards for cleanliness, wholesomeness, purity, in the mixing, filling containers, and selling your juices, and FDA inspections or State inspections of your "facility", even if it's your kitchen table. If you're baking cookies, that's one thing, but if you're putting nicotine in them it would be something entirely different. (Nicotine is a toxic, addictive substance.)
    If someone was to get sick from using your products you could be in a legal jeopardy. Could be huge. I would stop selling them right away and seek some legal advice. I think you could also be wrong about selling cigarettes. You definitely would be in Wisconsin. You would need at least a seller's permit, and to have a tax number you need a seller's permit first. I have to have one for my Upholstery business. There are a lot of people who for instance bake and decorate cakes, which calls for a separate kitchen and work area from you home one, state inspected and licensed.
    If you're making your own juice, you would need a permit. If you are buying it wholesale and re-bottling it for sale you still should get some legal advice about that, as well.
    Last edited by Kate51; 07-15-2009 at 05:23 AM.

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    She said that if I'm "dealing drugs" without proper licensing that I could be in big trouble.
    the FDA is saying that the eliquid is an unapproved drug, and thus there could be legal issues arise, including seizure of goods, fines, etc. Nicotine isnt a scheduled substance (like codeine, ........., ......., etc), though, if that's what youre asking.

    Kate does bring up some good points regarding manufacturing and rebottling, and product liability.

    again, I'd ask a lawyer
    Last edited by OutWest; 07-15-2009 at 05:35 AM.

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    Quote Originally Posted by chad View Post
    I'm sorry - I know I'm about to sound like an a**hole and I don't mean to, but I have to ask...

    Isn't this something you should have figured out before you started your business?

    Anyway - I'd like to know myself out of curiosity but I think dedmonwakin is absolutely right. You should be consulting with a lawyer.
    To be honest It was kind of a whirlwind situation with the lease, getting product on time and getting signage for the kiosk. So we really didn't even think about the legalities of nicotine, just the legalities of everything else. I know the FDA wants to come down hard but wasn't really worried. I don't think your an a**hole it's a valid question that I don't have a decent answer to.
    I have a good friend who's an excellent attorney (he vapes) and he told me not to worry too much and that he would look into it. He said since I'm incorporated I don't have to worry about personal liability. I still would hate for something to happen.

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    Quote Originally Posted by Zben504 View Post
    I talked with a compunding pharmacist today whom I was buying dropper bottles from. I told her what they were for and she voiced her opinion about how it was just prolonging an addiction and blah, blah, etc. She said that if I'm "dealing drugs" without proper licensing that I could be in big trouble.
    So my question is this: if I am selling liquid nicotine, is it illegal? Nevermind what it's intended use is. Is it illegal to sell nicotine without some sort of license? You don't need a license to sell cigarettes, just a tabacco tax stamp. Can I be arrested for selling "controlled drugs" at my kiosk? This pharmacist has me a bit worried.
    As a pharmacist myself, yes she was correct. Eventually, you or your supplier will have to register with the FDA since you are selling a recognized "drug" under FDA law. You won't however be arrested for "controlled substance violations" as Nicotine is not a contolled substance, like Morphine, ......., or oxycontin.

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    Quote Originally Posted by markarich159 View Post
    As a pharmacist myself, yes she was correct. Eventually, you or your supplier will have to register with the FDA since you are selling a recognized "drug" under FDA law. You won't however be arrested for "controlled substance violations" as Nicotine is not a contolled substance, like Morphine, ......., or oxycontin.

    Isn't caffiene a drug? Did the pepsi company have to register with the FDA to sell their products? Maybe they did I really don't know. U can buy energy "chews" with caffiene in them. If that company extracted caffiene from a source like coffee then added it to a candy how is that any different than extracting it from tabacco and adding it to propelyne glycol? Both in their pure form are deadly right? I just don't see the difference.

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    Quote Originally Posted by Zben504 View Post
    Isn't caffiene a drug? Did the pepsi company have to register with the FDA to sell their products? Maybe they did I really don't know. U can buy energy "chews" with caffiene in them. If that company extracted caffiene from a source like coffee then added it to a candy how is that any different than extracting it from tabacco and adding it to propelyne glycol? Both in their pure form are deadly right? I just don't see the difference.
    Yes pepsi did, but as a food manufacturer. The company that sold them the caffeine to put in the pepsi(as well as the caffeine chew company) would have had to register as a "drug" Producer. Pepsi and caffeine chews are defined as "food products" whereas caffeine is a "drug". In the case of Nicotine eliquid, most likely the FDA stance is that it's not a food use intent, it is a drug use intent, therefore nicotine liquid is a "drug" by their definition. You would have to look at the USP, anything listed in there in it's pure form(or in it's USP/NF definition) is a drug. For general purposes, anything "extracted" from it's plant source no longer qualifies as a Food, but a drug, UNLESS it is then mixed into a product that has already been previously classified as a "food" such as Pepsi.

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