How would your legal people interpret this?

[Triwuffus]

In my country of Australia, we have the same problems as you people have in the USA. Our Federal the Theraputic Goods Administration (TGA) peeps say that we can legally import nic-e-juice up to and including a three months supply for our own personal use and not for resale.
Our Customs and Boarder Protection people also state that nic-e-juice is not a prohibited import. No, we cannot buy nic-e-juice legally in Australia or any e-cig that has nic in it.

Now, having said that, and also having checked with our local State department of Health and Human Services (DHSS) I am told the following and I quote:


"If you are caught with a nicotine substance that is not approved by the TGA, without a licence from the DHSS then you can and will be charged with being in possession of a prohibited substance."


Now I ask you, how do you interpret this, on one hand both the TGA and CUSTOMS say I can and some petty State bureaucrat says I cannot?

I was also told that as a personal use consumer I could not apply or be granted aforesaid licence and that nic-e-juice is not considered to be an aid in the prevention of smoking.


My reply to this "learned" gent was:
" Here is my name and address come and send your troopers to arrest me." No one seems interested in doing so.


Vapes and nic-e-juice have helped me kick the smoking habit and I am now 98% non nicotine dependant. To say nicotine dependant is not entirely correct, as I was dependant of the other additives of Cigarettes and whatever else they put into roll your own Tobacco.


I do know for the short time that I have been Vaping, that yes at first I felt I needed the nicotine mood calming and relaxing properties, and I was using an 18mg nic-e-juice. Now I am down to a 2mg strength and I would hardly use it at all maybe twice a day. The rest of the time, and yes I was a chain smoker, I vape no nic e-juice and friend it works.


Whereas on the other hand having tried, the nic gum which made me my jaws and mouth sore, the patches which gave me a rash, and the nic spray I flushed down the WC after I vomited twice after using it twice.


I know what I will be using...the law as far as I am concerned in this regard is a jack ... and those that enforce it without mercy or understanding i.e. the letter of the law are jack ... jockeys. I am sure many on this forum would agree to that sentiment. ( In the wording Jack ... I am refering to an animal and not to a part of the human anatomy which some apply the a..word to and some take offence at it I mean no offence)

J.

 

[Butters80]

I love your response to the state official. Hahaha. Sounds to me like the state officials are keeping a loop hole in to enforce no e cigs at their whim...why I couldn't say. I'd think they'd have better things to do. Quite the discrepancy.

 

[Triwuffus]

Thank you Butters,

We have had a recent very famous news reporter and broadcaster arrested for contempt of court, his offence being the exposure of pedophiles. The fine imposed was $100k AUD. He is an extreemly wealthy person and has decided to do jail time (50 days) rather than pay the fine. I am not wealthy, far from it. However I too would rather do jail time than pay a ridiculous and an unjust fine for using a product that is responsible for saving my life. I am sure others would likewise!

Happy Vaping

J.

 

[Jman8]

My understanding, based on what you conveyed is that the nicotine substance you would have, would be approved by the TGA. If I was ordering from out of the country, and TGA conveyed it was okay to get that order, then around time of order being received, I'd ask for verbal okay (preferably written) and name of TGA officer who gave that okay. So that if anyone from the State asked if it was TGA approved, I could show them, why yes, yes it is. I was just on my way to get a license from DHSS.

 

[Triwuffus]

Thank you Jman for your reply.
The information is clearly displayed on their website and no verbal approval is needed.
No I cannot get a license from the DHSS for the substance being for personal use, only people using it in commercial manufacture can.
I would love it if they arrested me as we are all itching to have a test case on this issue to go before the courts.
There are several magistrates (Judges) we are aware of that are Vaping and some prominant lawyers as well and having spoken to one of them his reply was:

"Tell them to go ahead and try you won't even get to the charge room"

I like a good game of poker and I am calling his bluff.

J.

 

[rothenbj]

Civil disobedience as the only effective method to get their attention.

 

[sbdivemaster]

Our Federal the Theraputic Goods Administration (TGA) peeps say that we can legally import nic-e-juice up to and including a three months supply for our own personal use and not for resale.

This is the TGA approval for personal consumption nic.

Now I ask you, how do you interpret this, on one hand both the TGA and CUSTOMS say I can and some petty State bureaucrat says I cannot?

"If you are caught with a nicotine substance that is not approved by the TGA, without a licence from the DHSS then you can and will be charged with being in possession of a prohibited substance."

If your nic has TGA approval, no license is required; If your nic does NOT have TGA approval, a license is required.

It's worded kind of funky.

 

[Triwuffus]

Civil disobedience as the only effective method to get their attention.

He he, Civil disobedience, try Civil Riot, and yes it is worded rather funkey. Our whole system here falls into that category!!!!!

 

[sbdivemaster]

Our whole system here falls into that category!!!!!

Same here - that's how I was able to interpret it.

 

[Steamix]

Legal shmegal, some countries in the EU have this loophole too. Nic-juices can't be sold or marketed. But importing it for personal use from abroad is , well , tolerated. Keeps the ANTZ placated and lets the vapers vape. One may chide the respective government for shirking the issue. But a free-for-all might rock the boat as much as a total ban.
ANTZ don't see any ads or shops, and what you import privately is none of their business. As long as it it isn't cleared through customs you're not in possession of it. After that, hmph, if law enforcement and related agencies really do have the time and resources to chase vapers, Oz must be a virtually crime-free Shang-ri-la....

 

[Triwuffus]

Ok thanks people, I will leave it at that. Thanks for the help.

Sure had some fun editing the sig file. I hate WYSWYG editors. It took ages to work out where the button for code was.

J.