Oklahoma law approved - Sales to minors and taxes

[Berylanna]

Well, I live bout 15 minutes away from the State Capital. Any advice?

Nobody answered my question so I don't know. CASAA has a page on what to do, and they suggest you speak from the heart I think, but also point out positive research in addition to your own story.

Me, I'm angry, I'd like to say "These people want to kill tobacco companies and they don't care if I'm collateral damage. Or, in the case of children living in apartment complexes that have old people who smoke -- they are willing to let kids die in fires cause by smoking in bed, rather than let a tobacco company make money by buying up the small e-cig companies. If they don't want the tobacco companies to make money, why not just make it illegal for makers of combustibles to buy non-combustible companies? Why kill off grannies and children just to kill a company?"

And quote that Forbes article. And show them that an ecig has a 10-second timer so it turns off EVEN if you fall alseep holding the button.

But I'm in a REALLY bad mood today and the real experts are Kristin, Elaine ("Vocalek), and Bill Godshall (and Dr. Carl Phillips) so really, do what CASAA says.

 

[Fiamma]

I'm still waiting for Mr Godshall to see if he mis typed that line about banning ecigs.

 

[Sarl K]

I'm still waiting for Mr Godshall to see if he mis typed that line about banning ecigs.

I think the missing C&P words referred to banning sales to youth.

 

[Paulette]

I most certainly see your point in reading this legislation! I too agree with you Bill, that it is probably not the State's intention to require "personal" users to obtain a dealer's license, but they should have included the words "except for personal use and consumption" in the last part of the definition of "dealer."

 

[Vocalek]

I'm starting to think that all legislators should be required to conduct an impact analysis for any bill they propose, comparing the harm the passed law would do with the benefits that they perceive would result.

 

[shoogdadi]

They can't do that, because it would upset their agenda.

 

[StereoDreamer]

So how does this effect on-line vendors? Are they going to be required to have tobacco vendors permits and affix stamps on bottles of juice they sell to people in OK?

 

[Bill Godshall]

fiamma inquired

Am I reading this right? "Last month, Reynolds informed me (and some other THR advocates) that they would be advocating state laws that ban the sale of dissolvables and e-cigarettes in state legislatures,

I forgot to include "to minors" in the previously written sentence. If you read my detailed posting (the 10th on this thread), it states the bill would ban sales to minors and would ban minors from possession, using or purchasing (the latter of which was sponsored by tobacco companies to scapegoat children).

Berylanna inquired:

Is this (RJ Reynolds-sponsored) provable? Can we go to state legislatures and point out this is a tobacco company that doesn't want people to be able to quit smoking more-easily than they continue smoking? How easy is it to show this trail?

Reynolds is test marketing Vuse e-cigarette, and plans to market it (and/or other e-cig products) nationwide. Reynolds has been marketing Camel Snus to smokers as an alternative to cigarettes, has test marketed dissolvables Camel Orbs, Strips and Sticks to smokers, and has actively advocated many tobacco harm reduction products and policies. But Reynolds is also primarily looking out for Reynolds.

Much of this legislation benefits the e-cigarette industry (and makers of dissolvables and other new smokefree alternatives), but some clauses in the bill (i.e. to apply e-cigarettes to existing OK tobacco licensing/marketing laws and tobacco tax laws) could/would protect Reynolds and the existing tobacco industry (including brick-and-mortar retailers in OK) at the expense of out-of-state e-cig companies that market via the Internet or mail order and perhaps at the expense of OK e-cigarette consumers.

I'll do a more detailed analysis of this bill, and probably suggest an amendment or two to improve the bill.

But I don't think anyone should get upset or go ballistic about this bill, as it only imposes a $.05 tax on e-cigs (which sets a huge precedent for taxing e-cigarettes at a much lower rate than OK's $1.03/pack cigarette tax and OK's 60% tax on smokeless), and its highly unlikely that the OK government would take enforcement actions against consumers who buy e-cigs over the Internet.

 

[Fiamma]

Thak you Mr Godshall. It's tax season, I'm finding it very hard to just be on the forum let alone read everything posted in minute detail, get my work done and sleep

Personally I am uneasy about tobacco companies making e cigs. How are we to know what they really put in their stuff, contents on the labels are usually printed by big companies in terms the average user does not understand when it comes to chemical components. I would never buy juice from a tobacco company, and I am far beyond using a cigalike like Blu or NJoy. I am glad I started vaping when I did considering the hurdles they are trying now to put in our path.

 

[k3vin]

Marking my spot..

 

[tnt56]

If I understand the new proposal Oklahoma is getting ready to tax the e juice we use. They already passed the law that kids under the age of 18 can't buy vapor products. (I personally have no problem with that).

Personally I believe it to be a way for the state to make more money and not support those who are trying their best to quit analogs.
The state already places taxes on everything else that is suppose to make us want to quit but doesn't work for us vapors.

Sorry just my little rant. I'll get off my soap box now.

 

[CJsKee]

Calling all vapers...SB802 has been assigned to the Public health committee. Here are the members and their contact information:

Chair: David Derby (405) 557-7377 david.derby@okhouse.gov

Vice Chair: Glen Mulready (405) 557-7340 glen.mulready@okhouse.gov

Doug Cox (405) 557-7415 dougcox@okhouse.gov

Randy Grau (405) 557-7360 randy.grau@okhouse.gov

Jeannie McDaniel (405) 557-7334 jeanniemcdaniel@okhouse.gov

Jon Echols (405) 557-7354 jon.echols@okhouse.gov

Rebecca Hamilton (405) 557-7397 rebeccahamilton@okhouse.gov

Mike Ritzke (405) 557-7338 mike.ritze@okhouse.gov

John Enns (405) 557-7321 john.enns@okhouse.gov

Arthur Hulbert (405) 557-7310 arthur.hulbert@okhouse.gov

Mike Shelton (405) 557-7367 mikeshelton@okhouse.gov

Word is about two weeks before a hearing. Any and all help will be appreciated. Hopefully CASAA and maybe Bill Godshall can write, too.

Thanks everyone...let's get this thing stopped in its tracks!

 

[ManuDawg]

Gotta love the way politicians re-define the meaning of words. So now, every e-cig user in Oklahoma is a dealer. Someone please send those politicians a dictionary.

I think by defining a user as a "dealer" and requiring a $250 annual fee Oklahoma is trying to insure that, even if the residents of OK choose to purchase online from out of state vendors, Oklahoma still makes money.

 

[Fiamma]

I think by defining a user as a "dealer" and requiring a $250 annual fee Oklahoma is trying to insure that, even if the residents of OK choose to purchase online from out of state vendors, Oklahoma still makes money.

Where's the dealer fee for smokers? Fair is fair.

 

[okie14]

Is this (RJ Reynolds-sponsored) provable? Can we go to state legislatures and point out this is a tobacco company that doesn't want people to be able to quit smoking more-easily than they continue smoking? How easy is it to show this trail?

Yes this is certainly RJ Reynolds sponsored. When myself and others representing 6 shops in the Oklahoma City metro area were at the capital building last Wed. speaking to Reps about this bill we also sit down with RJ Reynolds lobbiests so they could explain to us "why we should be behind this bill" basically it was an ultimatum saying either get behind it or the next one will be worse. My personal thought was challenge accepted.

If anyone is in the Oklahoma City area and would like to attend and find out what we are doing and what you can do to help there will be a meeting this Sunday at Evapes Ok 1111 S Council in Oklahoma City. The meeting will start a 6. There will be several shops represented as well as hopefully a few legislators and possibly local media. The shop closes at 5 so if you intend to pick anything up be there early.

Also there are a couple of facebook groups that are working this issue.

Oklahoma Vapers Club
http://www.facebook.com/groups/oklahomavapersclub/

Oklahomans for Vapers Rights
http://www.facebook.com/groups/482728951794484/

 

[ManuDawg]

Where's the dealer fee for smokers? Fair is fair.

Don't get me wrong I'm not saying it's right for them to classify ecig consumers as dealers, just speculating on what their intention or motives might be.

 

[Plentyobass]

Don't get me wrong I'm not saying it's right for them to classify ecig consumers as dealers, just speculating on what their intention or motives might be.

NO WAY was that their intent. This just proves how rampant illiteracy and laziness are within our lawmaking system. They're all either too ignorant to recognize this foolish verbage as an error, or they all just vote for things willy-nilly without reading them.

 

[klynnn]

They have to pass the bills to find out what's in them. Sound familiar?

 

[Petrodus]

NO WAY was that their intent. This just proves how rampant illiteracy and laziness are within our lawmaking system. They're all either too ignorant to recognize this foolish verbage as an error, or they all just vote for things willy-nilly without reading them.

Wouldn't be the first time lawmakers voted for something without reading it first.

 

[Placebo Effect]

CASAA: Call to Action! Oklahoma Bill to Tax E-Cigarettes and More -- SB 802

Oklahoma: Bill to Tax E-Cigarette Sales, Impose Licensing Restrictions and Essentially Prohibit Online Sales -- SB 802

​

[full text of SB 802] [legislative tracking]

If enacted, this bill would:

• Ban e-cigarette sales to minors, but would also...
• Tax sales of “vapor products” (e-cigarettes) and “tobacco-derived products” (e-liquid, cartridges, and cartomizers containing nicotine) at 5-10 cents per sale.
• Require e-cigarette retailers to obtain a license to sell tobacco products and abide by 30+ pages of regulations governing how tobacco products are sold.
• Make it a criminal offense for consumers to buy e-cigarettes online

As introduced by Senator Rob Johnson, SB 802 was 4 pages long and did not mention e-cigarettes once. Without informing e-cigarette consumers and retailers, Senator Johnson introduced a 34-page substitute bill that would apply nearly every Oklahoma law regarding the sale of cigarettes to the sale of “vapor products” and “tobacco-derived products.”

Worse, Senator Johnson has been spreading lies and misinformation about e-cigarettes. For example, has claimed that the reason e-cigarettes are sold in malls is to attract children.

Because Senator Johnson’s first version of SB 802 would not have impacted e-cigarettes, CASAA did not become aware of SB 802 until after it had already passed the Oklahoma Senate. It is now awaiting a hearing before the Oklahoma House Public Health Committee.

If you may be able to testify against this bill when it gets a committee hearing in Oklahoma City, OK, please email us at board@casaa.org.

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Please call or write members of the House Public Health Committee below (continuing reading CTA at above link)