Arkansas war on vaping begins
- Thread starter Shawn Hoefer
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It is NOT illegal to ship to Arkansas! You must have permit to ship to Arkansas. I order and receive vaping products all the time, firm those who have applied and recieved the permit. So please dont spread false information. Either make sure you're sharing accurately, or dont share at all. Thank you.
Nevada SB 263 wants to tax vape at 30%, just heard about it.
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Then you must own a business in Arkansas that sells vaping products, according to the info. C&P below. That means you're a "supplier", but not registered as one on ECF, according to your info shown. Just a heads up: Suppliers are limited to posting only within the Supplier forums, not in the open forums.
Info copied and pasted from this thread:
No online sales to Arkansas?
Shawn's actual statement, "As it is currently illegal to ship any vapor related items to consumers in Arkansas, Arkansans will have very few options"...certainly appears to be correct, based on the following.
He didn't say that it is currently illegal to ship them to Arkansas period...which is what you mistakenly reprimanded him for saying.
Links are not active below, but they are in the original thread.
Information that Vapor Shark sent out:
"Online Retail Sales Prohibited in Arkansas Effective Today
Arkansas ACT 1235 (SB978)
Arkansas ACT 1235 (SB978) is officially in full effect as of today, July 21, 2015. The bill classifies vapor products as tobacco products thereby inherently prohibits any online retail or direct online B2C sales of any "vapor product, alternative nicotine product or e-liquid product" to occur within the Arkansas state line. In addition to disallowing online retail sales relating to any vaping product, all brick & mortar retail locations within Arkansas must now obtain licenses in order to sell vaping products within the state.
See details about the bill here.
Vapor Shark has obtained Arkansas' Manufacturer Vapor Product and Alternative Nicotine Product Permit in order to continue selling and shipping products to all Arkansas brick & mortar locations on a wholesale B2B basis. Vapor Shark's entire product catalog is currently available to our approved wholesale customers within Arkansas. To find a wholesale partner's brick & mortar retail location near you, please click here and choose "Wholesale" under the locations tab."
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A one post wonder that has galled me since "she" posted today.
A link to the information and a genial attitude go a long way way around here. No regular here deliberately posts false information. You attracted the wrong reliable, trusted person. But hey, thank you for confirming that that the majority of vendors can't legally ship to Arkansas without paying a bribe.
Note that although it's illegal to perform B2C online sales to Arkansas, many still do it... both ordering and shipping... I appreciate those coming to my defense, but her post might just be a case of blissful ignorance...
Most of the tax bills have been defeated. T21 did pass. We're still fighting SB571... this is a particularly nasty one promising a tax break to lower income families based on a 68% vapor product tax. Ugh. The politician that's presenting this one has used some pretty slimy tricks, IMO, to get it to where it is.
Wait a second....
They're touting that lower income folks pay less tax on vaping products?
How does that even work?
Carry your W2 to the local gas station for discounts on Juul's? Stamped forearm with a special UPC bar? Pay with food stamps? I don't get how they could even tell.
If they give anybody a discount it should be war vets and school bus drivers...folks with PTSD....
They're touting that lower income folks pay less tax on vaping products?
How does that even work?
Carry your W2 to the local gas station for discounts on Juul's? Stamped forearm with a special UPC bar? Pay with food stamps? I don't get how they could even tell.
If they give anybody a discount it should be war vets and school bus drivers...folks with PTSD....
It is NOT illegal or prohibited to ship or sale vaping products to Arkansas! Like I said, a bill was passed in 2015/16 which required all out-of-state retailers, manufacturers, and vendors to apply for a permit and license to sell in Arkansas. Larger online and brick and mortar stores do so all the time, as I've used them. Because they have paid and acquired the necessary permits and licensing to do so. Those who have not, inform you when you go to check out, that they do not ship to Arkansas. Again, dont spread false information!
Umm, yeah, he did!
"As it is currently illegal to ship any vapor related items to consumers in Arkansas, "
So try again! It is NOT illegal unless you dont have a permit and/or license to do so. Furthermore, Arkansas has NOT defined Vape Products as Tobacco Products. They only gave enforcement and permit/licensing authority to the same entity, the Arkansas Tobacco Control Director. Which is precisely who you submit application to, to receive said permits/licenses.
Definition of a "Tobacco Product," per Arkansas Act 1235
(31)(35) “Tobacco products” means all products containing
4 tobacco for consumption, including without limitation cigarettes, cigars,
5 little cigars, cigarillos, chewing tobacco, smokeless tobacco, snuff, smoking
6 tobacco, including pipe tobacco, and smoking tobacco substitutes;
NOTE: that no where in this definition is the word(s) "Vaping Product, Vaping Device, E-liquid, or E-juice. But rather, these are defined as separate products in subsection 38 of Act 1235, as follows:
(38) "Vapor product" means an electronic oral device of any size
14 or shape that contains a vapor of nicotine, e-liquid, or any another
15 substance that when used or inhaled simulates smoking, regardless of whether
16 a visible vapor is produced, including without limitation a device that:
17 (A) Is composed of a heating element, battery, electronic
18 circuit, chemical process, mechanical device or a combination of heating
19 element, battery, electronic circuit, chemical process or mechanical device;
20 (B) Works in combination with a cartridge, other container
21 or liquid delivery device containing nicotine or any other substance and
22 manufactured for use with vapor products;
23 (C) Is manufactured, distributed, marketed, or sold as any
24 type or derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or any
25 other product name or descriptor; and
26 (D) Does not include a product regulated as a drug or
27 device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.,
28 as it existed on January 1, 2015;
Therefore, there are two things taken from this act:
1: Its purpose is threefold:
A: ensure uniform permit and licensure of ALL aspects of tobacco products, vaping products and e-liquid sales, retailers (in state Brick and Mortar and out of state/in state Online retailers, manufacturers, vendors, and distributors), ensure products are manufactured properly and safely for consumers, and provide and assign enforcement through Arkansas Tobacco Control;
B: prevent the unlawful sale to minors, ensure safety measures are implemented to prevent accidental poisonings of minors,and
C: Generate tax revenue through permit, licensure and taxation of said entities.
There is ZERO, and I repeat ZERO mention of it being illegal, in violation of, or otherwise, to ship, distribute, or sell said products online from an out of state retailer to consumers, vendors, or in state retailers of said products; not withstanding a lack of proper permit, tax stamp, and licensure to do so, through application and issuance by the Arkansas Tobacco Control and Arkansas Finance entities! Furthermore, it in no way, shape or form, defines "Vape Products or E-liquid" as a "Tobacco Product." But rather, it distinguishes each clearly, and precisely, as separate products, but gives authority to enforce under the same entity, namely the Arkansas Tobacco Control.
While I agree it is asinine and unconstitutional, I also believe that accurate and truthful information should be given; which it clearly is not being done here! This does nothing for our cause. In fact, it harms it substantially! Speak the facts and the truth, and we'll have a better chance if educating the numb skulls who want to stop us from enjoying our vape! Lies and misinformation just makes us lose credibility with everyone involved. And then we lose any traction going forward, with those who have the power to end this nonsense, or decimate all of us!
And for the record, no I dont own a business in Arkansas! And to the rest of you, I dont care if it galls you that I called your buddy out on spreading false information! I have literally emailed Direct Vapor and Element Vape, and they have confirmed what I am saying. Both have separate log ins for Vendors and business accounts, and both have licenses and permits to serve their customers in Arkansas!
The more we hear about possible vaping bans the more I feel the need to stock up on hardware. Juice flavors will probably survive, but I've trained myself to be happy with unflavored juice to get my nic. If flavor concentrates last a while I'm good there, too. My nic is sitting in the freezer at 0 degrees F.
It's all good, especially for the vendors since we are buying more to offset the rumors of bans!
It's all good, especially for the vendors since we are buying more to offset the rumors of bans!
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Thanks for that answer Shawn but...
Again, how's that work?
When I qualified I didn't end up paying any taxes. Checking boxes on my statements got all my paid amounts returned (sometimes more than I paid).
Again, how's that work?
When I qualified I didn't end up paying any taxes. Checking boxes on my statements got all my paid amounts returned (sometimes more than I paid).
I am just dismayed by how many of these threads with different states there are. I mean, granted it's the "dumb" states (Clinton's political rise to power THERE does not escape me.)
But let's face it, we got a lot of "dumb" states around, and AZ is one of them (my fervent hope is that it's so busy worrying about the wall that nothing is done for a time) so who knows. LOL.
Man a coworker I hired in near (different discipline) is making like less than HALF what I am.... granted she has a BA not a MA and I have like 20 years experience. LOL, I mentioned it to the husband and he was like, "Look, you are a unicorn, okay?"
I was like, "Wow so I get to um, comingle physically with virgins?"
And he was like "No, it's just someone with your education and experience, being willing to GO where we are going especially NOW? It NEVER happens, they are going to give you RAISES to keep you."
And then he said a bunch of scary stuff about the wall and I was like, "Ooh, that sounds exciting!"
And he was like, "This is exactly what I'm talking about. Heh."
It's true though my position has been empty for like 6 years or something.....
My point though is AZ is having a bit of a... time. They are struggling to maintain the level of corruption they HAVE, not trying to find room for more. Yet.
It is always.... Yet. At the moment.
Anna
Anna
But let's face it, we got a lot of "dumb" states around, and AZ is one of them (my fervent hope is that it's so busy worrying about the wall that nothing is done for a time) so who knows. LOL.
Man a coworker I hired in near (different discipline) is making like less than HALF what I am.... granted she has a BA not a MA and I have like 20 years experience. LOL, I mentioned it to the husband and he was like, "Look, you are a unicorn, okay?"
I was like, "Wow so I get to um, comingle physically with virgins?"
And he was like "No, it's just someone with your education and experience, being willing to GO where we are going especially NOW? It NEVER happens, they are going to give you RAISES to keep you."
And then he said a bunch of scary stuff about the wall and I was like, "Ooh, that sounds exciting!"
And he was like, "This is exactly what I'm talking about. Heh."
It's true though my position has been empty for like 6 years or something.....
My point though is AZ is having a bit of a... time. They are struggling to maintain the level of corruption they HAVE, not trying to find room for more. Yet.
It is always.... Yet. At the moment.
Anna
Anna
Arizona's biggest problem is all the people from the cities in Kalifornia escaping from high taxes and restrictive regulation moving there and then trying to change Arizona into what they just escaped from.
As I understand it, Arkansas has a balanced budget amendment in their constitution. They cannot offer any income tax breaks without showing where the revenue lost from such a cut will be replenished. This tax break will be funded through taxing vapor products. The tax break and the vapor tax are two different items, but one funds the other.
ETA: if, before, you got a $200 refund, if this passes you might see a $400 refund.
That is one reason I am moving from Tucson to Douglas.
It's also a very great shame but it ALSO means I will be able to DOUBLE the price on my house, and have enough to just outright buy the 48 acres the husband found that are INCREDIBLE and 15 minutes from my work. The neighbors are gonna be fantastic, too. LOL.
It's been horribly stressful but it is also a GREAT time to be me. It's like I'm playing that video game... was it First or Second life? Only it's like in RL.
Sorry no more off topic but they are SWARMING Pima county.
Pima county ALREADY sucks so hard....
Anna
We're facing a Tax on Plastic Bags .. you know, the ones you get at the Grocer and everywhere else .. 7 cents a bag .. unless you have a SNAP card (food stamps) ..
The Vape is also under fire .. how long now have We, The Vaping Taxpayers, been under some sort of scrutiny, one way or another .. ??
Illinois plastic bag tax advances out of Senate committee
The Vape is also under fire .. how long now have We, The Vaping Taxpayers, been under some sort of scrutiny, one way or another .. ??
Illinois plastic bag tax advances out of Senate committee
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