Legality of selling nicotine e-liquid?

[TheRealJ]

Is this even legal? It is a drug afterall and cigarette sellers much have certain licenses. So is it legal (in the states) to sell nicotine e-liquid to people, in person and/or online?

 

[bjannr]

It is not an illegal drug. It is not a prescription drug. Is Caffeine not a drug also?? Coffee is sold everywhere. Even caffeine pills are sold over the counter. I do not see much difference in the two, caffeine vs nicotine.

 

[Liv2Ski]

Yup totally legal and I am hopeful that the boneheads at the FDA will keep their dirty paws offf my nic!!!!!!

 

[SuZamme]

It could be possible that one of the reasons e-cigs are being hassled about is because the governments (state and federal) can't figure out a way to get their big $$$$ from them like they do with cigarettes. They even get lots of $$$ from the sale of nic gum, patches, and the ever popular "quite smoking" drugs.

 

[oldsoldier]

Some legislators in Oregon are attempting to classify nicotine as a schedule 3 controlled substance. The bill probably won't pass but if it does it could cause huge problems in Oregon and elsewhere.
Oregon Hb2233.Intro - Fullscreen

 

[Cee_Jay]

It could be possible that one of the reasons e-cigs are being hassled about is because the governments (state and federal) can't figure out a way to get their big $$$$ from them like they do with cigarettes. They even get lots of $$$ from the sale of nic gum, patches, and the ever popular "quite smoking" drugs.

Yeah ! ! ! ! So far I'm guessing I kept ~$800 away from the tax collectors. They can't balance the budget anyway......

 

[Paisley]

Some legislators in Oregon are attempting to classify nicotine as a schedule 3 controlled substance. The bill probably won't pass but if it does it could cause huge problems in Oregon and elsewhere.
Oregon Hb2233.Intro - Fullscreen

"Section 3 (4)(a) Except as otherwise provided in paragraphs (b) and (c) of this subsection, a person commits the crime of unlawful possession of nicotine if the person knowingly possesses more than 0.1 milligram of nicotine."

Not quite sure if they are intending to make gum, patch, cigarettes, etc unlawful also since they have more than 1mg of nicotine according to Wikipedia. I don't think BP and BT will go along with it unless they change the wording to be liquid only and make it obvious they are going after ecigs.

Wonder how much nic is in tomato and eggplant etc.

 

[NCC]

Wonder how much nic is in tomato and eggplant etc.

Minuscule.

 

[04 Raider Rider]

It could be possible that one of the reasons e-cigs are being hassled about is because the governments (state and federal) can't figure out a way to get their big $$$$ from them like they do with cigarettes. They even get lots of $$$ from the sale of nic gum, patches, and the ever popular "quite smoking" drugs.

I think that's a lot of it.Cigarette taxes have turned into a cash cow for a lot of states.They know a lot of what people buy is via the internet so no sales tax for them there if you buy out of state.
That's a lot of lost tax revenue for cash strapped states.

 

[VeeDubb65]

Some legislators in Oregon are attempting to classify nicotine as a schedule 3 controlled substance. The bill probably won't pass but if it does it could cause huge problems in Oregon and elsewhere.
Oregon Hb2233.Intro - Fullscreen

That will NEVER pass.

It's some of the most ludicris legislation I've seen in some time. The obvious problem here is that cigarettes contain nicotine. I can about guarantee you that no law that makes it illegal to posses more than a single cigarette is going to be passed any time in the near future.

Even if the law was written in such a way that this only applied to gums and patches, it's absolutely insane to think that the only stop-smoking aids on the market that aren't known to cause people to kill themselves would be made that much harder to get.

This is clearly aimed at e-cigs, but they're aiming with a shotgun at 100 yards. They'll hit everything.

 

[VeeDubb65]

Minuscule.

It is minuscule, but I would laugh my .... off if this passed and some industrious cop arrested a truck driver carrying a load of tomatoes.

 

[oldsoldier]

It is minuscule, but I would laugh my .... off if this passed and some industrious cop arrested a truck driver carrying a load of tomatoes.

lol if this ......ed bill did pass the truck driver wouldn't be breaking the law as long as his papers were in order.

 

[VeeDubb65]

lol if this ......ed bill did pass the truck driver wouldn't be breaking the law as long as his papers were in order.

How could they be in order? He would have to show that he was delivering them to a pharmacy, doctor or veterinarian. lol

 

[throatkick]

The driver might even have about 3 packs of cigarettes on the dash but they would focus on the tomatoes anyway!

 

[oldsoldier]

How could they be in order? He would have to show that he was delivering them to a pharmacy, doctor or veterinarian. lol

or that the load originates and/or ends out of state. Truckers have federal interstate commerce protection. The part about being a common carrier in the course of regular lawful business activities should cover a trucker that isn't "smuggling" nicotine, IE it is listed on his bill of lading to a lawful destination. It is not the truckers job to determine if the store is in compliance with Oregon law, since retail distributors or also listed as "agents".

It is a stupid bill and not likely to pass but if it did it would be tied up in court for a long time when people file federal suits.

 

[Valsacar]

Sells to a person under 18 years of
age any device in which tobacco, ........., ....... or any
controlled substance, as defined in ORS 475.005, is burned and
the principal design and use of which is directly or indirectly
to deliver tobacco smoke, ......... smoke, ....... smoke or smoke
from any controlled substance into the human body including but
not limited to:
(A) Pipes, water pipes, hookahs, wooden pipes, carburetor
pipes, electric pipes, air driven pipes, corncob pipes,
meerschaum pipes and ceramic pipes, with or without screens,
permanent screens, hashish heads or punctured metal bowls;
(B) Carburetion tubes and devices, including carburetion masks;
(C) Bongs;
(D) Chillums;
(E) Ice pipes or chillers;
(F) Cigarette rolling papers and rolling machines; and
(G) ....... free basing kits.
(2) Endangering the welfare of a minor is a Class A
misdemeanor.

PVs are not specifically mentioned. The part I bolded excludes them from the general classification. So this would still allow a vendor to sell ecigs to minors...

 

[mpkeith]

Sells to a person under 18 years of
age any device in which tobacco, ........., ....... or any
controlled substance, as defined in ORS 475.005, is burned and
the principal design and use of which is directly or indirectly
to deliver tobacco smoke, ......... smoke, ....... smoke or smoke
from any controlled substance into the human body including but
not limited to:

Hmmm I see all sorts of smoke and tobacco smoke but nothing about vapor or vapor with nicotine in it. If my carto was smoking I'd not be using it!! So no need to outlaw that for me, I'd figure it out on my own!!!

Nicotine isn't a controlled substance. So how's this aimed at ecigs? A schedule 3 drug "...under the Controlled Substances Act contain substances that have a legitimate medical use in the US, and have a progressively lower risk and potential severity of abuse. ..." So anything containing nicotine other than what would be prescribed by a physician would be made illegal? Cigarettes, cigars, and smokeless tobacco have no legitimate medical uses that I can think of.

Oh and there's a section in there [Sec. 3 (4)(b)] about legally operating common carriers too, so truck drivers are ok...

 

[JohnKing]

If the law-makers stay on their insane anti-tobacco bender, they'll create a market for nicotine crack:

Further, one eyedropper-full of uncut crack nicotine would have a nicotine content of four cartons of cigarettes, one kilo poured in a 20-ounce soda-pop bottle would equal 5,000 cartons or 50,000 packs: a value-per-volume increase of 1,000 times for cigarette smugglers. A typical fix of cut crack nicotine (diluted 20-to-1, or 2 mg) would be 1 percent of a crack ....... fix (200 mg) by weight: making it 100 times easier, in terms of size, to smuggle than ........

Given these numbers, the politicians' greedy tobacco tax crusade makes the creation of a crack nicotine market inevitable and irresistible to Hezbollah/Al Qaeda smuggling rings, Mexican drug cartels, plus the Mafia.

To The Point News - THE COMING NIGHTMARE OF CRACK NICOTINE

 

[Renro]

I can about guarantee you that no law that makes it illegal to posses more than a single cigarette is going to be passed any time in the near future.

They aren't going after gum or other BT BP products, just new to the market products. Substantial Equivalence of Tobacco Products

FDA FAQ on Substantial Equivalence of Tobacco Products.