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I want some legal advice

Discussion in 'Legal Issues with Ecigarette Use' started by LKnives, Oct 15, 2013.

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  1. LKnives

    LKnives Senior Member Verified Member ECF Veteran

    Aug 18, 2012
    Madison, WI
    Today at my college I was harassed by someone from my school's administration for using my "electronic cigarette" outside but in a sheltered area from the rain. When they cited to me that my device was prohibited by school policy I informed that it was not, to which they threatened campus security on me; to which I told them that I had already had discussion with campus security about it and they didn't seem interested in enforcing it outside. (Or inside for that matter)

    I just want to make sure my bases are covered here, she told me to read the school's tobacco policy online (Which I have as well as the school's student handbook).

    Here is the online version: Tobacco-Free Campus | Madison Area Technical College
    Within I saw no reference to anything electronic, it only states that tobacco use is prohibited on campus.

    The handbook says that it "includes electronic tobacco alternatives," which seems to implicitly exclude nicotine based electronic devices. Please, correct me if I am wrong as I would like to avoid getting in trouble with my college.
  2. twgbonehead

    twgbonehead Vaping Master ECF Veteran

    Apr 28, 2011
    MA, USA
    E-cigarettes have been ruled to be a tobacco product. The school's policy is pretty clear (to me at least) that e-cig usage is not permitted on school grounds.

    Sorry about that, but they have the right to make and enforce this policy. I don't think you'll win the battle by fighting this war.
  3. LKnives

    LKnives Senior Member Verified Member ECF Veteran

    Aug 18, 2012
    Madison, WI
    Nope, I'll just have to keep supporting CASAA until the day they make headway in their larger scale fight.
  4. dalr

    dalr Full Member

    Oct 7, 2013
    Are you using juice that has nicotine? If you're vaping 0mg/ml, you might (might) have ground to challenge the decision to stop you from vaping in a sheltered area, since it wouldn't qualify as "tobacco alternative" per se. It's not much, but that may already be something, since PG/VG and flavors are more akin to food than anything else.

    But it seems to me that you'd be better off refraining from trying to loophole your way out of e-cig bans in your college. Don't get yourself into troubles for this, it ain't worth it.

    Have a nice day!
  5. Crypto66

    Crypto66 Senior Member Verified Member ECF Veteran

    Oct 8, 2013
    Chicago, Illinois
    I used to fight the man about this kind of thing but all it does is make vapers look bad.

    Accept it bothers her and maybe she's being a c**t, but move on and live to vape another day as well as be able to attend that school.

    Sent from my One X using Tapatalk
  6. Uma

    Uma Vaping Master Verified Member ECF Veteran

    Mar 4, 2010
    It's time to educate the education system. Enrollment is down, so they are accepting more bribe money from BP, aka grants. Get the info together and take it to the student body, etc.. Good luck!
  7. WillyZee

    WillyZee Vaping Master Verified Member ECF Veteran

    Sep 23, 2013
    That handbook seems to be referring to electronic cigarettes ... I would take my vape outside.
  8. Train2

    Train2 ECF Guru Verified Member ECF Veteran

    May 11, 2013
    CA, USA
    Heck, an iPod could be considered an "electronic tobacco alternative" if they wanted to.
    On the plus side, seems like all they can do is fine you $10.
  9. glassgal

    glassgal Vaping Master Verified Member ECF Veteran

    Supporting member
    Sep 7, 2013
    Central Florida
    I can't see how they can say that e-cigs (which is a terrible name for it) are a 'tobacco product'. Nicotine doesn't have to come from tobacco, many plants contain it. It probably does, but we don't even know that for sure. When nicotine can be synthesized, would it still be a tobacco product?

    Not everyone vapes with nicotine either.

    I vaped at the office, and people started coughing and staring at me. Then I said, why are you coughing? I'm only vaping Elderberry juice (which is true). Miraculously all the coughing stopped and no one bugged me again. LOL!
    • Like Like x 1
  10. BuGlen

    BuGlen Divergent ECF Veteran

    Supporting member
    Mar 6, 2012
    Tampa, Florida
    Just an FYI: The nicotine that is used in e-liquid is the same nicotine that is used in pharma NRTs, and it is sourced from tobacco. Tobacco is the most economical source for nicotine, based on the volume available and the quality. Nicotine can already be synthesized, but it's not possible to do it in large quantities and turn a profit (yet).

    I keep saying that I'm going to campaign for Monsanto to engineer a high-nicotine eggplant strain, and then we can watch the ANTZ heads explode! :D
  11. cmknight

    cmknight Senior Member ECF Veteran

    Feb 17, 2013
    Ask the college if pharmaceutical nicotine inhalers as prescribed by a doctor are ok. If they say yes, ask them what the difference is, in function, between a pharmaceutical nicotine inhaler and your PV.
    • Like Like x 1
  12. glassgal

    glassgal Vaping Master Verified Member ECF Veteran

    Supporting member
    Sep 7, 2013
    Central Florida
    Really, if you can use any legal nicotine inhaler, why would vaping be a problem in the same place?

    Heck, if you can use an asthma inhaler, why can't you vape non-nicotine juice in the same place?

    Such hypocrisy.
  13. nobutts1

    nobutts1 Senior Member ECF Veteran

    Oct 17, 2012
    swampscott ma
    now that's something that Monsanto would love!!! Then maybe they would back off from our food source!
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