Kansas: Attorney General Opinion on e-cigs and “smoking” definition (Indoor Clean Air Act)

[Tom09]

ATTORNEY GENERAL OPINION NO. 2011- 015 (October 31, 2011)

Synopsis:

An individual using an electronic cigarette inside a public building is not “smoking” within the meaning of the Kansas Indoor Clean Air Act. [...]

Concluding paragraph:

[...] In our opinion, the Kansas Indoor Clean Air Act does not apply to e-cigarettes because the Act fails to define “cigarette,” and based upon the ordinary and common definition of the word, an e-cigarette would not be considered a “cigarette” subject to the Act. The Act does define “smoking,” but the definition does not include a product that is not a traditional cigarette and does not burn tobacco. If the Kansas Legislature wishes to extend the Act to cover e-cigarettes, it may amend the Act to define “cigarette” to include e-cigarettes, or it may amend the definition of “smoking” to include the use of ecigarettes.

 

[sqirl1]

pretty straightforward and unbiased, good to see somebody's just doing their job without taking sides.

 

[Vocalek]

Attention residents of Kansas: Get out in front of any attempts to ban indoor use of e-cigarettes at the state level.

Write to or call both your state senator and your state representative and tell them your story -- how e-cigarettes have helped you, the effects on your health, and how your friends and family have responded to your switching to e-cigarettes. Tell them that you would appreciate their working to keep sale to adults legal throughout the state and to fight against any attempts to ban indoor use.

Don't know how to contact them?

The CASAA home page has a handy little control at the very bottom of the left side. CASAA | The Consumer Advocates for Smoke-Free Alternatives Association

The control reads:

Take Action.
Write your lawmaker.
Find your lawmakers by ZIP

Type your zip code into the box and click the GO button.

You will be routed to Congress.org.

Elected Officials-Kansas <your ZIP code>

There are two columns. Refer to the right-hand column that lists your State level officials. (Your Federal officials can't help you with state level legislation.) If your ZIP code encompasses a large geographic area, you may have to add the last 4 digits of your 9-digit ZIP Code (ZIP +4) to narrow the list down to exactly who represents you.

Click on each of the names to view the contact information.

When contacting your elected representatives, provide your full name and address. Phone calls and US mail work much better than email messages.

It almost goes without saying to be polite. If writing, have someone else check your letter before you mail it. It's way too easy to overlook typographical and other types of errors in your own writing. You'll make a better impression if your correspondence is error-free.

 

[Bill Godshall]

Since Kansas is controlled by Republicans, and since virtually all e-cig usage bans are proposed by Democrats, there is virtually no chance that Kansas will ban the use of e-cigs (and no legislation to do so has been introduced).

 

[Greendogo]

Thanks for the heads up, I'm Kansas' Casaa Rep. This is good news indeed!

 

[djbishybish]

Awesome to hear this! Thanks bunches.

 

[EleanorR]

Since Kansas is controlled by Republicans, and since virtually all e-cig usage bans are proposed by Democrats, there is virtually no chance that Kansas will ban the use of e-cigs (and no legislation to do so has been introduced).

Heh. You've noticed that too, have you?