the thing with the ban is banning sales of the product not the use of it.. so you would not be able to sell them in your state but you can still
buy and use it from out of state.. even if all states banned sales could still be ordered legally from overseas.. now the pact act stopping mailing of nicotine.. that does not include courier services.. will just cost more to have it shipped to you.. ups is out though since it is volunteer restriction..
so unless they make nicotine an illegal drug then use of a pv will always be legal..
I read in another thread that the PACT Act wouldn't apply since that pertains only to products that contain
tobacco leaves. I haven't read the act myself, though. I'm just paraphrasing what someone else posted who has read it.
Thank you for the link to the article.
Ecigs and liquid nicotine require the following controls only:
No sales to persons under the age of 18.
Child proof containers should be the standard. If this provides difficulty for some people, as does medication containers, a normal bottle can be requested by the consumer.
Each bottle shall be properly labeled as to the contents of such bottle.
Periodical inspections of liquid to verify contents and strength of nicotine
The following is an outline of an exceptable bill IMO. Please offer suggestions to this.
The whole reason I started buying my e-liquid from Johnson Creek was because they are registered with the FDA, their labels list the ingredients, bottles come with child-proof caps (actually I don't care about that part personally, but it's a good idea) and are shrink-banded. They also posted an independent lab analysis of their liquid on their site before, which gave me confidence in their product. I think all vendors should be doing these things.
I guess I'm not up on internet sale laws, so help me understand?
So the way the law currently looks at it, if someone is sitting on their laptop in Illinois (say ecig sales are banned there) and buys ecigs online, the purchase is not considered to have happened IN Illinois? (Kind of why the vendor doesn't have to collect taxes for a state unless they have a physical location in that state?
Additionally, don't those proposed bans include the word "distribution" in their language? Would shipping an ecig to Illiniois be considered "distribution?"
The bill in my state (Maryland) would ban the sale or distribution of ecigs only. There's nothing in the wording that would make it illegal to purchase them for my own use from a vendor in another state, even from the internet while sitting in my state. In other words, buying would still be okay.
If a law was passed that banned the buying of ecigs in my state then it would not be legal for me to purchase them either in my state or from another state. But in that situation, I have no idea what the responsibility of a vendor in an ecig-friendly state would be to a customer in a state where buying was banned. I would think it would it be the buyers responsibility to know the laws of their won state, not the vendors responsibility to know the laws of every other state. How can someone in, say Texas, be violating a law in Maryland
Whatever happens I refuse to pay their ridiculously high taxes anymore. If they ban e-cigs I will still find a way. If they decide to tax them like crazy I won't give in.
The zero nic e juice wouldn't fall into the banned category would it? theres no nicotine in it. How could they call that a drug delivery device?? Its not even an e-cigarette anymore except for appearance. Its just a way to taste yummy flavors at that point. Oh... and to keep up the activity of smoking/vaping.
Keep the rants coming! You guys get me all riled up!
The way the Maryland bill is worded, the device has to
contain or deliver nicotine to be banned from sale. If you put zero nic liquid in an ecig, it doesn't contain or deliver nicotine and would therefore still be legal to sell. But without the nicotine aspect of the ecig, its not going to be very effective at providing an alternative to smoking!
It all just seems to come down to nicotine. The government wants complete control of all forms of it so they can be in charge of which delivery method we can use, how strong it can be, what it can taste like and how much money they can make off of it. In other words, the government wishes they were big tobacco.
