Is it going to be illegal to posses it, or just sell and ship? If you get caught crossig state lines with contraband, you open yourself up to a whole new world of issues.
Indiana HB 1432 signed into law and takes effect July 1st, 2015
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The way I read this months ago was the out of state vendors need to
get a license in Indiana to ship a product there. And to get the license
requires jumping through lots of hoops and expense - including 24 hour
security monitoring, keeping liquid on file for a year (or maybe it was
2 years), and a bunch of other things. So most likely if they enforce
anything they would have to go after vendors. There are many ways
around this though for the consumer, as for instance I think nothing would
stop someone from having something shipped to somewhere out of state
and that person mailing it. Also diy would be fine as long as you aren't
selling it, however getting the nicotine via mail I dunno, I guess that
would depend on the vendor. They've been trying to get a requirement
that all vendors need to purchase a tobacco license too, I don't know if
that passed. That's opening the doors to a lot of bad things for us...as
for instance in many states it is illegal for tobacco products to be mailed
and UPS and Fed Ex stopped for awhile, dunno what they're doing now.
get a license in Indiana to ship a product there. And to get the license
requires jumping through lots of hoops and expense - including 24 hour
security monitoring, keeping liquid on file for a year (or maybe it was
2 years), and a bunch of other things. So most likely if they enforce
anything they would have to go after vendors. There are many ways
around this though for the consumer, as for instance I think nothing would
stop someone from having something shipped to somewhere out of state
and that person mailing it. Also diy would be fine as long as you aren't
selling it, however getting the nicotine via mail I dunno, I guess that
would depend on the vendor. They've been trying to get a requirement
that all vendors need to purchase a tobacco license too, I don't know if
that passed. That's opening the doors to a lot of bad things for us...as
for instance in many states it is illegal for tobacco products to be mailed
and UPS and Fed Ex stopped for awhile, dunno what they're doing now.
I believe possession will still be ok. The law's intent seems to be aimed at manufacturing and selling.
actually I think it's 3 years, and under constant video surveillance at all times!!
I remember when that hit me - ordering cigs online got difficult. Fedex and UPS refused to deliver because that put the liability on them to ensure that the appropriate tobacco taxes were paid, and they didn't want any part of that. So guess who delivered my cigs? USPS! lol
Indiana is not restricting anything. they are licensing
manufacturers and requiring them to be licensed
in order to do business in their state.
after the law takes affect any juice in your possession
that is not made by a licensed vendor will be technically
in violation.
regards
mike
The law says things like "manufacture" could mean "person". It mentions 10ML is manufacturing. It mentions "felony". It tells a vape shop that if they make you a custom 30ML bottle of juice they must keep something like 3 10ML samples put back for 3 years? It's insane.
https://iga.in.gov/legislative/2015/bills/house/1432#document-4a82456e
Also the bill is sponsored by ................ Indiana Vapor Company...... who is owned by the major Casino's......
Google it..
Monopoly coming
Also the bill is sponsored by ................ Indiana Vapor Company...... who is owned by the major Casino's......
Google it..
Monopoly coming
I read thru the bill and that was my take as well. Manufacture for sale is the issue I think or importing for sale.
Kitchen juice makers for sale and Vape shop house blends are dead.
so... if you have a bottle on you and can't prove that it jumped through all the circus hoops, does that leave you open for criminal charges?
Luckily Ohio seems intent on taxing just cigarette smokers more. I am not sure that it hits diy. Generally a manufacturer is defined in the business world not usually associated with personal makings. Just because one would make a corn hole set to play in their backyard doesn't automatically qualify them as a manufacturer of corn hole board.
The regulations still suck to put it midly.
The regulations still suck to put it midly.
In my youth was caught by the state police with beer in kentucky bought in ohio. It was legal in ohio at the time for 18 year Olds to buy and consume beer. Kentucky it was 21. Needless to say pouring out a case of beer along the side of interstate 71 was not very much fun at 18. I got back to Ohio bought a keg and shared it with friends. It wasn't too bad of an issue. I did cry a little as the hops flowed out of the cans.
That's illegal.
States do not have the legal right to attempt to regulate interstate commerce. That right falls to the Federal Government alone. Indiana can say what they want but the first out of state vendor who challenges it in federal court will win.
And if you need precedent, look no further than states trying to charge out of state businesses sales tax for sales within their states. It's been tried, and the states have lost every single time it's been challenged. The state's authority ends at it's borders and it cannot impose any requirements nor restrictions on out of state vendors. It certainly isn't capable of punishing an out of state vendor.
Any juice by an unlicensed out state vendor in your possession for sale will be a violation. For personal use I do not think so.
If you have 400 bottles of boba's bounty I think you may have problems but otherwise no.
If you have 400 bottles of boba's bounty I think you may have problems but otherwise no.
Where some of this starts to Fall Down is when Indiana is Asked if the e-Liquid Licensing Requirements are inline with Other Similar Businesses or Manufactures.
Do the Same Requirements Exist in Indiana for the Sale/Manufacture of e-Liquids that contain Nicotine as for the Sale of Traditional Tobacco Products? Or say Alcohol?
Yeah, the more I read about this law the more I'm convinced it won't hold up in federal court. Someone said if you posses juice without all the paperwork its technically a crime. Well, its up to the state to prove its illegal not you to prove it is legal, you know the whole bill of rights thing.
I don't know how many vape shops are in Indiana, but I'm sure some are already planning lawsuits as we type.
correct me if l am wrong.
any state may license and or regulate anything they want
if they believe it's in the best interest of its citizens.
regards
mike
They cannot require out of state businesses to get licenses. They have no jurisdiction. They can only regulate what happens exclusively within their state, the moment the transaction crosses state lines it is the jurisdiction of the federal government and they have no authority.
It is called nexus. While a business does not have the right to impart sales tax on an out of state company with no nexus they still have a right to levy a sales tax against the goods. Most stated do. It is generally paid on your individual sate are return although very few do report it.
Sales tax is paid by the consumer not by the business. It is similar to withholding where the company just acts as an agent to remit the taxes.
Then again in this day and age none of the government rules make any sense. Look to the item that is illegal at the federal level but stated are passing recreational use. It makes no sense.
Sorry mate. I guess I read your response incorectly. It was more on interstate commerce and licensing which is much different. I am not sure how the state can regulate that unless the company has a presence. I don't think the feds can either.
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