No online sales to Arkansas?
- Thread starter puffon
- Start date
- th_trl_thread_readers 0
- Status
One thing has absolutely nothing to do with the other, except for the fact that the propaganda spewed by pro ban people in both cases is chock full of lies.
(Because they think you are too ignorant to see through it).
It's 100% about money. Nothing else.
Don't kid yourself.
Why don't people just go to the source and rip it out by the roots?
The politician that sponsored the bill holds an elected position.
This is where the whole "my vote doesn't count" attitude bites us all in the rump.
I have definite issue with the written language defining "vapor products" and state officials' verbal definition, but that will be for a court to decide (if ever challenged).
I should probably clarify my previous post, that even though online sales are NOT addressed in the act, the law states that Arkansas businesses and consumer must purchase only from Arkansas-licensed companies. It doesn't EXCLUDE online purchases from meeting this requirement, but it certainly doesn't forbid online sales in general or otherwise.
I should probably clarify my previous post, that even though online sales are NOT addressed in the act, the law states that Arkansas businesses and consumer must purchase only from Arkansas-licensed companies. It doesn't EXCLUDE online purchases from meeting this requirement, but it certainly doesn't forbid online sales in general or otherwise.
Actaully Sjrily, a retail location that is already selling tobacco products probably already has the permits mandated by the state, that is all I was saying aboout our local vape shop,, as it is a Tobacco Superstore. I meant it has permits for tobacco products. I imagine they will have to get an "additional" permit for vapor products in their stores now?
But this part seems to imply that anyone doing business here will need such a license ... the word deliver or cause to be delivered to a consumer might imply online sales?:
26-57-214. Registration and licensing required prior to doing business. (a) A person shall not deal with, deliver, or cause to be delivered to a retailer or consumer or otherwise do business in tobacco products, vapor products, alternative nicotine products, or e-liquid products, in this state without having first registered with the Director of Arkansas Tobacco Control and obtained a permit or license for that purpose....."
But the word "ban" is used too often and it gets vapers in an uproar. Maybe by design.
Arkansas Call to Action: URGENT! Oppose SB 978 which is being rushed through the legislature and could impose damaging regulations on the AR Vapor Ind | E-Cigarette Forum
Arkansas Call to Action: Take action now to oppose SB 447 which would prohibit vaping where smoking is banned | E-Cigarette Forum
I agree, back when I smoked I got tobacco direct from NC, and that was stopped ONLY for the tax money. This is no different.
Time to vote out these nitwits.
Sorry, Racehorse, I was referring to the business quoted in first post, stating they have obtained an Arkansas vapor product permit. I'm not positive, but I believe existing tobacco permit holders were sent a letter indicating they simply need to opt in, then renewal time next year, they get a tobacco AND vapor product permit.
Interesting - this may have changed, but it is cheaper (half the cost) to get a "tobacco AND vapor" retail permit than it is a "vapor only" retail permit. I know we sent in the higher cost.
Also, the language makes a big to-do that ends up illustrating that vapor products and tobacco products are not the same, but that vapor products will be regulated in a similar manner (the end goal is to include vapor products in total "tobacco" sales - think master settlement and tobacco taxes). The fact that we have to retain all sales invoices is a huge red flag of this to come.
I see a few questions about buying online etc.
Just be careful ordering online and not paying whatever tax. Back in mid/early 2000 I believe it was I used to order smokes online from other states. Michigan then passed some cap where they force smoke stores to hand over Michigan resident purchase data. I owed about 3+grand. I knew people who had bills over 10 grand and u either pay or go to jail. They did have a payment plan which I tried basically I paid $25 they added around $20 each month if I recall right. Father ended up loaning me the cash and I paid him payments instead.
My wife and I already thinking about stock piling vapewild and mech sauce lol and then some diy.
Just be careful ordering online and not paying whatever tax. Back in mid/early 2000 I believe it was I used to order smokes online from other states. Michigan then passed some cap where they force smoke stores to hand over Michigan resident purchase data. I owed about 3+grand. I knew people who had bills over 10 grand and u either pay or go to jail. They did have a payment plan which I tried basically I paid $25 they added around $20 each month if I recall right. Father ended up loaning me the cash and I paid him payments instead.
My wife and I already thinking about stock piling vapewild and mech sauce lol and then some diy.
Arkansas ACT 1235 (SB978) Shuts Down Online Sales | E-Cigarette Forum it's being discussed here too.
If these laws are not challenged in a court of law they will continue to roll without a doubt as states see what other states are successfully doing regarding this. I have said from the beginning of all this it's at the state and local levels that the war on vaping is going to be won, divide and concur, they are cutting us off at the knees long before the federal takes it's best shot, the federal government is letting state/local governments take care of us for them. We are losing our rights state by state, city by city, county by county and we are just sitting here waiting for it happens in our own backyard.
If these laws are not challenged in a court of law they will continue to roll without a doubt as states see what other states are successfully doing regarding this. I have said from the beginning of all this it's at the state and local levels that the war on vaping is going to be won, divide and concur, they are cutting us off at the knees long before the federal takes it's best shot, the federal government is letting state/local governments take care of us for them. We are losing our rights state by state, city by city, county by county and we are just sitting here waiting for it happens in our own backyard.
There was, zoiDman, but this went from a shell bill that sat untouched for weeks to a 30+ page bill - that then passed through the senate and its committees, over to the house in less than two days.
The rules state an item must be ON THE CALENDAR at least two days before being heard, to avoid this kind of railroading, but we heard argument where a chair actually defended this action on a different bill by stating that one day it was on the calendar, the next day it was heard - that's two days. Arkansas law state the legal definition of a day as 24 hours. Apparently he didn't care about that part.
Wrong.
I can't list the thousands of examples on this site because TOU doesn't allow it.
Customs is a joke, and anyone who has ever ordered anything from overseas knows this.
Customs couldn't look in every Fasttech package, much less everything coming in from every vendor is physically impossible.
Even now many overseas companies list contents as a gift to avoid customs costs.
One in a thousand gets popped.
Not to mention the shadiness involved at the docks.
I agree.
And was Shocked when I viewed the Timeline of going from 3-24-2015 to the Governors Desk on 4-1-2015.
From the bill
SECTION 7. Arkansas Code § 26-57-228. Purchases from unregistered, unlicensed dealers unlawful.
7 (a) It is unlawful for a retailer of tobacco products, vapor products,
8 alternative nicotine products, or e-liquid products to purchase tobacco
9 products, vapor products, alternative nicotine products, or e-liquid products
10 from a person other than a licensed manufacturer, licensed wholesaler, or
11 other licensed retailer.
(out of state companies are considered wholesalers)
SECTION 9. Arkansas Code § 26-57-232(a)(2), concerning wholesaler
13 restrictions and criminal violations of wholesalers, is amended to read as
14 follows:
15 (2) Except as otherwise provided herein, the wholesaler may sell
16 tobacco products, vapor products, alternative nicotine products, or e-liquid
17 products only to persons properly licensed under this subchapter
(so no direct online sales to consumers by out of state wholesalers)
SECTION 7. Arkansas Code § 26-57-228. Purchases from unregistered, unlicensed dealers unlawful.
7 (a) It is unlawful for a retailer of tobacco products, vapor products,
8 alternative nicotine products, or e-liquid products to purchase tobacco
9 products, vapor products, alternative nicotine products, or e-liquid products
10 from a person other than a licensed manufacturer, licensed wholesaler, or
11 other licensed retailer.
(out of state companies are considered wholesalers)
SECTION 9. Arkansas Code § 26-57-232(a)(2), concerning wholesaler
13 restrictions and criminal violations of wholesalers, is amended to read as
14 follows:
15 (2) Except as otherwise provided herein, the wholesaler may sell
16 tobacco products, vapor products, alternative nicotine products, or e-liquid
17 products only to persons properly licensed under this subchapter
(so no direct online sales to consumers by out of state wholesalers)
Clearly says "retailers may not buy"..
Doesn't say consumers.
Is this only for retailers who resell?
I need to look over the actual text of the bill more closely.
Also there is a discussion about this on reddit where one out of state vendor shares an email he got from the Arkansas Tobacco Control agency questioning online sales to AR customers where they replied to him basically that it was unlawful for licensed manufactures/wholesalers to sell directly to consumers that a retail permit was required for direct sales and to obtain a retail permit you have to own a B&M establishment in AR and only allow over the counter sales. (So no online sales for AR retailers too?)
Licensed retailers can only buy from licensed manufactures/wholesalers/retailers. Wholesalers (which are licensed out of state sellers) can only sell to licensed retailers.
NO direct sales to AR consumers which would require a retailers license and for that you have to have a physical B&M in the state of AR and make over the counter face to face sales only
Last edited:
So let's be clear: no one is coming after vapers directly.
The regulations require all ecig vendors doing business in the state to buy a lisc, like every store does...
If they happen to catch a web vendor selling within it's state, it can take action unless they buy a permit.
Let's be realistic. Lisc and permits will be required for vendors. It's coming.
It's more realistic to expect they would go after an out of state vendor for doing direct to consumer sales in their state then they would go after the buying consumer themselves but nothing prevents them from doing so. Several out of state vendors are already posting notices on their websites they will not be selling/shipping to customers in the state of AR and at this point I don't blame them, especially those that want to sell to retailers, they don't want to take that chance and lose their AR wholesalers license or the ability to get one if they wanted to.
I don't believe it will affect orders placed before 7/21. Even if they found some way to weasel that in, I don't think the postal service would have the manpower to open every suspicious package, and I don'gt really think US Customs would care.
- Status
Similar threads
- Locked
- Locked
