New Person Worried About Stocking Up

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Mazinny

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I would say this part fits quite well if you're looking for legal eagle enforcement:


FDA definition of a tobacco product


So, yeah. (oh, I bolded the liquid stuff to make it easier to spot the stuff that actually contains the tobacco product)
Sorry, don't see how the Washington state definition you highlighted could be extended to ecigs. The key being " containing tobacco ". Note it doesn't say "containing a tobacco product, as defined by the FDA " .

As for the FDA definition, yeah i know what it is, but that is for the purpose of their own regulations ( which doesn't include a ban on online sales ) , not the Washington state regulations, which have their own definition within the statute itself.
 

Bob Chill

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It was specifically mentioned. Liquid nicotine for consumer sale will be treated as eLiquid. So, the manufacturer will have to prove 100mg is safe to vape.

The thing about 100mg nic is it requires knowledge and skill to handle and mix down. It's more for wholesale use than retail. I'm damn glad it's available retail of course. It's not safe to vape on its own so what kind of pmta app would they file? Wholesale supplier? Then only approved manufacturers can buy it? It does seem that we can still buy it well after 8/8 unless something specific comes up at the fed or state level.
 

Verb

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The thing about 100mg nic is it requires knowledge and skill to handle and mix down. It's more for wholesale use than retail. I'm damn glad it's available retail of course. It's not safe to vape on its own so what kind of pmta app would they file? Wholesale supplier? Then only approved manufacturers can buy it? It does seem that we can still buy it well after 8/8 unless something specific comes up at the fed or state level.

Handling 100mg nicotine does not require any skill beyond middle school physical science. In many ways, it's easier to handle than bleach or gasoline. 1000mg/ml pure nicotine requires some serious attention, but 100mg/ml has been sold to consumers for years without issue. When nicotine was used in pesticides it was often at 40%, 400mg/ml.

Under the deeming there is no way for open system hardware or eliquids to be approved. There is no intent by the FDA to even consider these products. There is an inherent catch 22. Any open system liquid needs to be tested in every approved open system device to show it is safe and will perform the same in all devices. But, there are no approved devices. An open system device needs to show it delivers a consistent dose of nicotine with every approved eLiquid on the market. Not possible even if there were approved eliquids.

When the FDA considered a manufacturer might submit a PMTA for nic base for consumers to home mix eLiquid to be used in an approved open system device, the sheer idea induced a pants-pissing belly roll laugh so large the Earth wobbled a bit on its axis.
 

bnrkwest

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1. You must've missed this part of my post : I don't mean a general " oh that's the date everything is deemed a tobacco product " , i mean something that prohibits me from ordering RTA's and liquid nic.

2.
So ? Those states define " tobacco products " in their statutes. Those statutes do not magically change on 8/8/2016. Any change to the definition of " tobacco products " will have to be made proactively, like Utah and Arkansas did. Nothing happens automatically on 8/8/16 to those definitions.

My question remains, what stops me from ordering liquid nic, RTA's, wire etc ... on 8/9 ? Could you point me to a specific regulation ?
you may not be able to use your CC or PayPal to buy tobacco products online.
 
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Two_Bears

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Did you read my other posts besides the one you are quoting, or even the last sentence of the post you quoted ?

What makes you think the FDA's definition of "tobacco products" for the purpose of their regulations ( which does not include bans on online sales ), will automatically change the definition explicitly spelled out in state legislation for the purpose of their own regulations ? I am not saying that they can't amend the definitions as Indiana and Utah did, but it is not automatic .

The States that have the terminolgy "tobacco products" in existing laws wont have to change a thing.

On 8/8/2016 mods tanks, etc that are used to Vaporize ejuice will be reclassified bh the Govt as "tobacco products"

Shazam this gives the state the right to ban online sales of vaping related products if they already ban online sales of tobacco products. If they tax tobacco products they will tax vaping products as tobacco products.

Is the state laws spell out pipe tobacco, cigarettes, abd cigars they will have to change their laws to tax and suspended vaping products.
 

Verb

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Sorry, don't see how the Washington state definition you highlighted could be extended to ecigs. The key being " containing tobacco ". Note it doesn't say "containing a tobacco product, as defined by the FDA " .

As for the FDA definition, yeah i know what it is, but that is for the purpose of their own regulations ( which doesn't include a ban on online sales ) , not the Washington state regulations, which have their own definition within the statute itself.

The modifiers in front of what you quoted are very important. "...and any other product, regardless of form, that contains tobacco and is intended for human consumption"

The state can interpret that to mean what they want since tobacco is not defined in the statute, only tobacco product. If the state of Washington consider eliquids containing nicotine extracted from tobacco a tobacco product, it will be up to the courts to sort it out. States stretch their existing laws all the time to cover new situations and test that stretch in court. I don't know if they will, but it is definitely possible. The deeming going into effect may give them confidence of judicial success they did not have before.
 
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mattiem

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Lessifer

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I don't know how many, if any, state tobacco laws will automatically include vaping come 8/8/2016. I expect a rash of mostly unopposed bills to fly through state legislatures over the next year amending the definition of tobacco products, followed by tax bills, citing the new federal definition of tax tobacco products. The FDA is one front in this war, states are fifty more, cities and counties are thousands more.
 
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retired1

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I don't know how many, if any, state tobacco laws will automatically include vaping come 8/8/2016. I expect a rash of mostly unopposed bills to fly through state legislatures over the next year amending the definition of tobacco products, followed by tax bills, citing the new federal definition of tax tobacco products. The FDA is one front in this war, states are fifty more, cities and counties are thousands more.

Yep. With more and more states looking to bring in more tax dollars to bolster flagging budgets, the FDAs ruling on e-cigarettes must have most state legislatures drooling in anticipation.
 

mostlyclassics

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Wahington State has peculiar views, when it comes to constitutional rights.

Some years ago, shortly after the Washington State law passed, I had occasion to send a pipester friend a couple of ounces of pipe tobacco. It was a pure gift: nowhere in the package was any remuneration mentioned. And note that there was never any question about the shipment was pipe tobacco; the idea of it being that other substance which starts with "m" never came up.

I sent it as a first-class mail letter package. Someone in the post office smelled the tobacco and alerted the Washington State heavies. The heavies delivered the package and put my friend through the third degree, to the extent that he had to hire an attorney to get him off the hook.

But I'm still in Dutch with Washington State. Obviously, for a class C felony, it's not worth their expense to try to extradite me from Illinois. But every couple of years, I get a letter from Washington State telling me to turn myself in for arraignment and prosecution.

Needless to say, I'll never ever set foot in Washington State.

Were I a retailer, I'd be loath to ship anything to Washington State. It's not worth their while to go after me, an individual, for a single class C felony. But a mail retailer would be juicy pickings if there were multiple class C felonies involved.
 

johnny hotsauce

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IMO, in the not too distant future ... buying nicotine base will require a tobacco manufacture license.

and I don't mean a tobacco resellers permit.

I think even the most confident anti-stockpilers are in for a big shock :blink:
And I grabbed 5 gallons for that exact same reason. As hard as things might be to get in the future, I believe (and hope I'm wrong) that nic will be the most difficult.

I'm sure we'll somehow find a way to get mods (they'll be called 510 flashlights with VW light control and TC so the LED's don't burn out), atty's (they'll be aroma therapy devices), wire, cotton, flavoring, PG/VG, batteries, etc. but nic, well I didn't want to take a chance on not investing in that. I look at it as investing in my future.

If we can find a local head shop to get paraphernalia, I'm sure we can find a way to locate mods, drippers and tanks.
 
We are going in circles it seems :)

Let me ask my question in a different way. The FDA has deemed ecigs " tobacco products" for the purposes of their regulations. Their regulations does not prohibit online sales. It took them six years to deem ecigs, after they said they were going to do so. Why do you think that the definition of " tobacco products " in an individual states legislation will automatically be changed on 8/8/16 ? Where is the legal precedent ? Which state has announced that their legislation will automatically be amended on 8/8/16 ?

Chicago amended 100% of their tobacco rules with a simple up/down vote in the City Council. Now all laws apply to vape goods. That's a precedent right there.

Utah banning vape sales online is another.

That's all it takes. One afternoon vote taking 1hr.

Stock up - or do without is what I'm recommending.
 
And I grabbed 5 gallons for that exact same reason. As hard as things might be to get in the future, I believe (and hope I'm wrong) that nic will be the most difficult.

I'm sure we'll somehow find a way to get mods (they'll be called 510 flashlights with VW light control and TC so the LED's don't burn out), atty's (they'll be aroma therapy devices), wire, cotton, flavoring, PG/VG, batteries, etc. but nic, well I didn't want to take a chance on not investing in that. I look at it as investing in my future.

If we can find a local head shop to get paraphernalia, I'm sure we can find a way to locate mods, drippers and tanks.

Aren't head shops banned in Cook County and DuPage County, Illinois? I'm in Chicago and I cannot recall seeing one.
 

johnny hotsauce

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Chicago amended 100% of their tobacco rules with a simple up/down vote in the City Council. Now all laws apply to vape goods. That's a precedent right there.

Utah banning vape sales online is another.

That's all it takes. One afternoon vote taking 1hr.

Stock up - or do without is what I'm recommending.
Praise Rahm for that one... Greedy little a$$hat, Chicago has went to hell under him. I'm grateful that I'm at least in Lake County and right next to McHenry. More vape friendly up by me.
 
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johnny hotsauce

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Aren't head shops banned in Cook County and DuPage County, Illinois? I'm in Chicago and I cannot recall seeing one.
You may be right for Cook and DuPage. I'm in Lake and there is at least one that I know of off of 12 in I think Wauconda and I'm not far form the WI border and I think there's a few just over the state line.
 
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