Proposed Bill makes it Illegal to sell flavored eliquid or flavors used in eliquid

[CMD-Ky]

Sounds good to me, does Oregon follow suit?

OK, you shamed me into it. According to 21 U.S. Code § 802 - Definitions, the term "distribution" is used to define the term "regulated transaction," but no definition of the term is provided.

LegalMatch.com is by no means authoritative, but here's what they have to say:


So, from this definition, it sounds like giving someone a controlled substance constitutes actual distribution, even when no money changes hands. Feel free to quote your own definitions if you disagree with this one. Making up your own definitions doesn't count

 

[PapaSloth]

All this talk about regulation..... They should mandate a warning on vapor products, as follows:

Warning, side effects of using this product may include:
A newfound interest in politics and a willingness to openly voice a political opinion regard this product,
An enhanced distrust of government and industry akin to that of conspiracy theorists, only based in fact,
An unwillingness to blindly pay extraordinarily high, unfair, and unjustified taxes,
A scientifically confirmed certainty that vapor is not the same as smoke,
A complete loss of ability to simply ignore elected official who are too stupid to understand that they are trying to regulate and ban something that has about as much tobacco in it as a cell phone by calling it a tobacco product.

My cell phone probably has more tobacco products in it than my eliquid. I use to smoke all the time with that thing pressed up against my head.

 

[FlamingoTutu]

OK, you shamed me into it. According to 21 U.S. Code § 802 - Definitions, the term "distribution" is used to define the term "regulated transaction," but no definition of the term is provided.

LegalMatch.com is by no means authoritative, but here's what they have to say:


So, from this definition, it sounds like giving someone a controlled substance constitutes actual distribution, even when no money changes hands. Feel free to quote your own definitions if you disagree with this one. Making up your own definitions doesn't count

I'm pretty sure you would have to find that under state law, not federal.

 

[CMD-Ky]

I'd like to open a high end vape shop and have satellite kiosks throughout the city. There are no sin taxes in Prague, because nothing enjoyable is considered a sin...

We will meet in Prague, it may be the last bastion of sanity.

 

[PapaSloth]

Sounds good to me, does Oregon follow suit?

I come from a discipline where using the wrong word in the wrong place causes a ten-thousand-line program to crash fatally. I have trouble with the concept that words mean different things when the zip code changes.

 

[FlamingoTutu]

All this talk about regulation..... They should mandate a warning on vapor products, as follows:

Warning, side effects of using this product may include:
A newfound interest in politics and a willingness to openly voice a political opinion regard this product,
An enhanced distrust of government and industry akin to that of conspiracy theorists, only based in fact,
An unwillingness to blindly pay extraordinarily high, unfair, and unjustified taxes,
A scientifically confirmed certainty that vapor is not the same as smoke,
A complete loss of ability to simply ignore elected official who are too stupid to understand that they are trying to regulate and ban something that has about as much tobacco in it as a cell phone by calling it a tobacco product.

Good luck getting that on a drip tip.

 

[FlamingoTutu]

I come from a discipline where using the wrong word in the wrong place causes a ten-thousand-line program to crash fatally. I have trouble with the concept that words mean different things when the zip code changes.

Trust me, law is no different.

 

[PapaSloth]

I'm pretty sure you would have to find that under state law, not federal.

Part of the problem is that most of the definitions of distribution have to do with corporate distributions, which are:

a direct or indirect transfer of money or other property, except of a corporation's own shares, or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. A distribution may be in the form of a declaration or payment of a dividend, a purchase, redemption or other acquisition of shares, a distribution of indebtedness, or otherwise.

Finding the other definition of distribution is much more difficult.

 

[johnny madman]

Many thanks, I would hate to myself get booted just as the fun was beginning.

Are you not lucky sir to be in the company of "Real Americans"? They are masterful, devious in some ways. They sneak upon you sir without warning, and ask for nothing in return. Do you still seek special treatment sir or have you had enough humility being a judge and all of the people?

Would you care for some Radio Active Candy sir? Or is said candy just for the peeps?

 

[CMD-Ky]

I come from a discipline where using the wrong word in the wrong place causes a ten-thousand-line program to crash fatally. I have trouble with the concept that words mean different things when the zip code changes.

Words can mean different things in different jurisdictions - the word "marriage" comes to mind from recent news. That being said, I agree with your concept; words have meaning and legislatures have agendas. The agenda drives the meaning, sadly.

 

[HMav]

Oregon does not appear to define or use the term "distribute" in their controlled substances law. The instead use the term "deliver".

 

[PapaSloth]

According to OregonLaws.com:

"Distribute" means the delivery of a drug other than by administering or dispensing.

"Delivery" means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery and electronic transmission.

This doesn't specify whether the delivery itself must be commercial, or merely that the method of delivery must follow conventional commercial practice, so I can't tell by this definition whether non-commercial delivery using commercial methods is considered delivery or not, and therefore, I can't tell if it constitutes distribution or not.

 

[stevegmu]

We will meet in Prague, it may be the last bastion of sanity.

Only a country which was occupied by a madman, then communism, until the people fought for their independence through a peaceful revolution, led by a writer and philosopher, know what freedom really is...

 

[FlamingoTutu]

Part of the problem is that most of the definitions of distribution have to do with corporate distributions, which are:



Finding the other definition of distribution is much more difficult.

Which is why lawyers make big bucks. Look, other stuff is illegal in the US but states have opted to go against the grain. Doesn't mean the feds can't move in and make some arrests. Vaping is legal in the US. At least that's my understanding.

 

[Oberon75]

The FDA needs funding and the House controls the purse...

And how much money do you think the pharmaceutical companies and ANTZ groups give the FDA?

Sent from my HTC One M8 Harman/Kardon edition

 

[CMD-Ky]

The term is probably further defined by some obscure appellate case that few have heard of.

According to OregonLaws.com:

"Distribute" means the delivery of a drug other than by administering or dispensing.

"Delivery" means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery and electronic transmission.

This doesn't specify whether the delivery itself must be commercial, or merely that the method of delivery must follow conventional commercial practice, so I can't tell by this definition whether non-commercial delivery using commercial methods is considered delivery or not, and therefore, I can't tell if it constitutes distribution or not.

 

[HMav]

Stupidly enough, they can't even agree on what a word means within their own laws. Example, they use different definition of the word "precursor":

(6) “Controlled substance”:
(a) Means a drug or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035. The use of the term “precursor” in this paragraph does not control and is not controlled by the use of the term “precursor” in ORS 475.752 to 475.980.

 

[PapaSloth]

Stupidly enough, they can't even agree on what a word means within their own laws. Example, they use different definition of the word "precursor":

(6) “Controlled substance”:
(a) Means a drug or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035. The use of the term “precursor” in this paragraph does not control and is not controlled by the use of the term “precursor” in ORS 475.752 to 475.980.

That's completely clear! Now I understand everything.

 

[stevegmu]

And how much money do you think the pharmaceutical companies and ANTZ groups give the FDA?

Sent from my HTC One M8 Harman/Kardon edition

Not even half of what they need to keep the doors open...

 

[FlamingoTutu]

Only a country which was occupied by a madman, then communism, until the people fought for their independence through a peaceful revolution, led by a writer and philosopher, know what freedom really is...

Your girlfriends really eat that up don't they. Get what you're saying though, to a degree. I was marched off with a gun to my back when I was 12 by communist soldiers. There is a lot wrong here but we can change it.