Arkansas ACT 1235 (SB978) Shuts Down Online Sales

[BabyCrusher]

It was part of the ammendment, to exclude hardware. The ATC can be contacted for verification, but they have told us personally that it does not pertain to, and they literally could care less, about hardware

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[Utsuru]

You're not the first person to say that, I'm just not sure where it's coming from. The law itself has a very detailed description of "vapor product" which seems to cover hardware surprisingly well, and I didn't see anything in the law saying that hardware is excluded. Someone mentioned they were told verbally that hardware wasn't included, but that's not what the law seems to say.

I'm pretty sure you're right that "vapor product" covers hardware in the bill's verbage, but man, I really hope you're wrong.

 

[Lessifer]

It was part of the ammendment, to exclude hardware. The ATC can be contacted for verification, but they have told us personally that it does not pertain to, and they literally could care less, about hardware

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What amendment are you referring to? The pdf of the bill here Bill Information contains the definition of Vapor Product that includes hardware. Again, it's great that they've "said" it doesn't pertain to hardware, but it doesn't say that anywhere in writing. I hope you're right though, even though that would only resolve a portion of the problem.

 

[BabyCrusher]

I'm at work, if need be I'll have Vicky at ATC cite the wording

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[nicnik]

What amendment are you referring to? The pdf of the bill here Bill Information contains the definition of Vapor Product that includes hardware. Again, it's great that they've "said" it doesn't pertain to hardware, but it doesn't say that anywhere in writing. I hope you're right though, even though that would only resolve a portion of the problem.

There are PDF files for the amendments on that same page you linked to. The "Amendment 1" file is too long and confusing for me to find info relating to hardware.

tobacco litigation lawyers have their hands in a lot of the anti-vaping lobbying, since they get a percentage of the MSA payments, and maybe also because they make money writing up all the overly complicated anti-vaping legislation at the state level, though I doubt any where near as much.

Ammendments:
http://www.arkleg.state.ar.us/assembly/2015/2015R/Amendments/SB978-H1.pdf
http://www.arkleg.state.ar.us/assembly/2015/2015R/Amendments/SB978-S1.pdf

 

[squee]

They have agents hired to intercept. Is what they said anyway.

Hired to intercept what exactly? Postal mail packages? They can't do anything without a federal warrant as far as USPS is concerned.

Or are you only referring them hiring more agents to check vape shops and their inventory?

It was part of the ammendment, to exclude hardware.

The only amendment on that bill was one that extended the deadline to apply for a license from May 1st to July 1st

 

[Lessifer]

There are PDF files for the amendments on that same page you linked to. The "Amendment 1" file is too long and confusing for me to find info relating to hardware.

Tobacco litigation lawyers have their hands in a lot of the anti-vaping lobbying, since they get a percentage of the MSA payments, and maybe also because they make money writing up all the overly complicated anti-vaping legislation at the state level, though I doubt any where near as much.

Ammendments:
http://www.arkleg.state.ar.us/assembly/2015/2015R/Amendments/SB978-H1.pdf
http://www.arkleg.state.ar.us/assembly/2015/2015R/Amendments/SB978-S1.pdf

Those amendments are already included in the published law in the pdf at the top of the page, which still includes the definition of "vapor product" that includes hardware. As this has been signed into law, I would assume the published version of the bill would include any and all amendments as of the signing. If there is an amendment that strikes out the definition of "vapor product" I am not seeing it.

 

[AndriaD]

Just talked to someone on another forum from Arkansas that had their package stopped/refunded. This is so messed up.

I won an Innokin Disrupter here on ECF that's coming from China and 150ml from a contest on here from within the US. I hope they make it to me, especially the Disrupter. I only have two working mods.

If this was happening in, say, Texas, California, Colorado, Florida, etc. this thread would have 10x more pages and would likely be at the top of General Discussion.

I'm trying not to be angry about it but I'm not a Buddhist monk.

I understand you're angry, and I don't blame you; I'm angry about it, and I don't even live there. But it wasn't all those other states who did this to Arkansas... your own lawmakers did this. A much better venting of your wrath would be directly TO THEM. Let them know that their days are numbered -- VERY LOUDLY and often. Griping about it on a forum isn't going to change anything, and they aren't going to listen to people who don't live there -- I've tried in the past to contact lawmakers from other states, and most of them won't even take the email.

Andria

 

[stevegmu]

Misses the point brother, these are real people just trying to make a living. Online sales will continue I am sure. But I like to go to stores and interact with people and just b.s. ya know. Someone just lost their job. Someone just lost rent. A city just lost tax revenue.

From what I have seen of local B&Ms ,them going out of business would be an improvement to the area...

 

[BabyCrusher]

Lol where at

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[mcclintock]

Another aspect of this law is that anyone allowed to sell vapor can just go ahead and sell cigs and tobacco too. There is no advantage regarding costs or regulatory burden in selling vapor only. The only advantage of sticking to vapor only relates to customer perceptions and what a store has room and expertise for. So it may be the end of vape shops and rekindling of tobacco shops.

 

[skoony]

It should still be perfectly legal for me to order "gifts" for someone online and shipped to them which in turn will be re-gifted back to me.

won't work. i am paraphrasing but the law says any one causing such and such etc... .
other words like sell,manufacturing,shipping etc... .
they cover it all.
of course they still have to catch you.
regards
mike

 

[this is my name]

I went into a shop here in AR a few days ago and he was telling me I won't even be able to order flavor concentrates, pg or vg online anymore. Is this true?

 

[AndriaD]

I went into a shop here in AR a few days ago and he was telling me I won't even be able to order flavor concentrates, pg or vg online anymore. Is this true?

No. Those things are not exclusive to vaping; they'll still be around for all the other purposes. What we use them for, is nobody's business.

Andria

 

[this is my name]

I figured he was somewhat motivated to tell me that so I would think I was stuck buying from them.

 

[BabyCrusher]

Don't go to that shop anymore

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[nicnik]

I figured he was somewhat motivated to tell me that so I would think I was stuck buying from them.

Maybe. Maybe he just doesn't know (but should). Wouldn't hurt to try telling him, so that if he was just mistaken, he won't misinform other people. Might not be worth your effort though, since yeah, there's a good chance he wasn't being honest.

 

[skoony]

No. Those things are not exclusive to vaping; they'll still be around for all the other purposes. What we use them for, is nobody's business.

Andria

they are not exclusive.
however the law implies intent.
my advice is. have home made candy or
something similar on hand at all times.
regards
mike

 

[AndriaD]

they are not exclusive.
however the law implies intent.
my advice is. have home made candy or
something similar on hand at all times.
regards
mike

Why? do you think they're going to come into someone's home, look around, and say "well you obviously don't use this to make candy, so we're confiscating it."? I defy anyone to come into my house and tell me what I can or can't make. They cannot restrict the sale of something that was around a long time before vaping, which is used in a lot of other applications, but just happens to also be useful for vaping.

Andria

 

[Bergster]

I live in Arkansas and placed a big DIY order on July 22nd with RTS Vapes as a test and it was delivered yesterday no issues. I ordered 2 gallons of vg/pg, 1 liter of nicotine, bottles, flavoring, etc and nothing was confiscated or opened.

I think a good majority of people are more concerned that UPS/Fedex Ground will open and/or confiscate packages since they do not need a Federal Warrant like USPS. To test this theory, I had the order shipped UPS Ground and I asked RTS to make sure the shipping label had literature related to vaping to see what would happen. The shipping label said "From: RTS Vapes/E-Cig Supplies" in bold font and arrived with no issue.

Maybe it was dumb luck that it went so smoothly, but I feel confident I can continue to order my DIY supplies without issue.