Australian Vape Store Owner Prosecuted, Seeks Funds for Appeal

[lamensterms]

Hey guys,

This isn't recent news, but I just wanted to share this - for anyone who is unaware.

Over the last few years there has been an ongoing case of a Western Australian vape store owner being charged for selling vape gear (under the law that e-cigs mimic real cigs).

He was originally acquitted of the charges, but the Health Department appealed the decision and won.

I'm not too familiar with the ins-&-outs of the case, but his story is on his GoFundMe page, linked below:

https://www.gofundme.com/Ecigs-Our-...ail&utm_content=cta_button&utm_campaign=upd_n

Seems like a pretty nasty situation and a slippery slope, with any precedence set.

Looking forward to hearing what you guys think.

 

[DC2]

As you said, it's old news.

I remember contributing to his legal fund efforts awhile back.
E-Cig Reseller Raided and Arrested for 'felony' of vending E-cigs

A current update on the proceedings would be helpful.

 

[lamensterms]

Indeed.

He posted an update yesterday. Should be visible on the GoFundMe page.

 

[crxess]

Quick question.

Was he selling Nicotine e-liquids against Australian law?

 

[lamensterms]

Not sure specifically, but I don't think so.

It is illegal to sell nic juice in Australia, and that law is pretty clear cut. If he had been charged for that I would reckon he wouldn't have much grounds to challenge. I think he's in strife for simply selling vape gear in general.

 

[gt_1955]

Quick question.

Was he selling Nicotine E-liquids against Australian law?

Interesting question, and I don't an verifiable answer. His website did have a drop down list allowing selection of mg strength (back in 2011 and before my time) which may or may not have been active, and even drop-shipping by an Australian registered business of nicotine is considered illegal (or at least, a grey area).

He was prosecuted under a law (which is still current) and by the judge's interpretation of that law, found guilty under appeal. While supporters cite recent studies as evidence that the finding was incorrect, I'll pose a question: If you get pinched for speeding by doing 70 in a 60 zone, and the next day they change the speed limit from 60 to 80, do the police tear up the ticket?

 

[Hans Wermhat]

Is there no double jeopardy law in Aussieland?

 

[gt_1955]

Not sure (never been in a situation where I needed to know), but there is a pathway of appeals right up to the High Court.
Magistrates Court => Supreme Court => High Court (again, I'm no lawyer though so may be other steps).

 

[cllmda]

just out of curiosity.....Im sorry as I realize this isnt the subject of the thread but...


How are Australian vapers managing ?

Do vape stores sell nic & nic juice "under the counter" as has apparently been happening in some European countries since recent Regs or do vapers just buy 0mg juices and then "find" nic through their own means (buying online ?) to add to it ?


Or are there practically no vapers in Australia because of these regulations on Nic ?

Im interested as this MAY possibly be the situation for alot of countries in the future so Im wondering how Australians are managing to live through it & possibly counter these Regs ?

 

[gt_1955]

I would imagine that some B&Ms do sell nic under the counter, but there are only a limited number of B&Ms. The closest to me is 400km away. But it is legal to import nicotine from overseas (Federal law), it just so happens it's illegal to possess in all states (State law) but not enforced.

We have vendors that sell 0mg doublers (which means if you want to make 30ml of 12mg juice, you add 15ml of the doubler and 15ml of 24mg nic base together). I can see that depending on how severe your regulations get, this may be the way forward in other countries.

There isn't a huge vaper base in Oz, but it is increasing every day despite advertising being virtually non-existant, hence a concerted push to regulate it.

 

[Tommy-Chi]

Not sure specifically, but I don't think so.

It is illegal to sell nic juice in Australia, and that law is pretty clear cut. If he had been charged for that I would reckon he wouldn't have much grounds to challenge. I think he's in strife for simply selling vape gear in general.

And uninformed US Citizens think the FDA will not ban e-liquids in the US.