Tobacco laws: California Assembly votes to raise smoking age, regulate e-cigarettes

[jambi]

I heard on the radio that the deadline passed last night at midnight, and thus it is to become law.

I do not know if the information in this reddit is accurate, but it seems penned with knowledge...

SBX2-5: No more online sales for CA? • /r/electronic_cigarette

I've sent an inquiry to Nicotine River, located here in SoCal, asking how this is all going to affect their online sales.

 

[navigator2011]

Thanks Jambi,

The more knowledgeable posters in the linked thread appear to think online sales will be fine. They also seem to think a wave of lawsuits will be hitting California over this. I say, bring-em on!!!

 

[zoiDman]

I thought the Deadline was Today? This article say's the Same thing.

"...
Brown must sign, veto or return the bills to the Legislature on Wednesday, or they automatically become law on Thursday.

The Democratic governor has not commented on the package of tobacco proposals or signaled which way he'll go.
..."

Deadline Looms for California Governor to Act on Tobacco Age

 

[navigator2011]

I'd be happy to be incorrect--just stated what I heard this morning on the radio. Maybe the guy on the radio was wrong?

 

[Endor]

I just re-read it on Leginfo. I'm not a lawyer, but I just don't see where it blocks online sales specifically.

The only way that this limits online sales for California vendors is the fact that vendors of "tobacco products" (which, of course, now includes vapor products) must have a license, and cannot sell to anybody under the age of 21. It's not clear whether the typical "Are you under 18" pop-up boxes would suffice here.

It does a lot of other nasty things in categorizing vapor products as tobacco products (such as potential use bans in apartments, with 20 feet of a park, in hospitals... basically where smoking is prohibited today, which is a lot of places). It also sets us up for excise taxes, just like every other tobacco product.

If a bill is passed down the road that blocks online sales of tobacco products (which almost happened in 2014 with HB1500), then yeah... we'd be screwed.

 

[zoiDman]

...

If a bill is passed down the road that blocks online sales of tobacco products (which almost happened in 2014 with HB1500), then yeah... we'd be screwed.

Think if it was done on the Federal Level? Then we'd All be Screwed.

 

[renderwerks]

So, I wonder if this spells the end of online purchasing of liquid and hardware?

I think the answer is yes, I've not seen online tobacco sales (how to verify age?), Cali online businesses are pretty much screwed then - and also - AFAIK, in Cali, this means B&Ms will have to close if they don't apply for a tobacco license. Also, no more juice bars for sampling. Age jumps to 21 for both tobacco and vapes.

What an arsee for doing nothing...

 

[navigator2011]

I also read through the thing, again, and found nothing about online sales. Seems most of it is directed toward regular tobacco--the only real, shortsighted, problem for us is the deeming of vapor products, even in absence of nicotine, as tobacco products. Yes, according to this bill, even in absence of nicotine, a vapor product is a tobacco product. Words just fail me...

 

[Endor]

Wait, hold the bus.

SFGate is reporting that Brown has until midnight to act, otherwise they do NOT become law:

(broken link)
http://www.sfgate. com/politics/article/Brown-facing-midnight-deadline-on-bills-to-7393373.php

Now I'm confused, because everything I'm reading in Google searches (including "pocket veto", which is what this article is implying would occur) states that no action from the Governor means it becomes law.

This bill was introduced in an "extraordinary session", which is now adjourned, so perhaps there are different rules? Need more Google....

 

[oplholik]

I just read a news article online stating that he has until midnight tonight.

 

[navigator2011]

Yep, everything I've seen suggests no action by the governor makes it law--which I think seems backwards, but it's what everyone has been saying.

 

[Katya]

Oh Lord, have mercy on us....

 

[Lessifer]

Wait, hold the bus.

SFGate is reporting that Brown has until midnight to act, otherwise they do NOT become law:

(broken link)
http://www.sfgate. com/politics/article/Brown-facing-midnight-deadline-on-bills-to-7393373.php

Now I'm confused, because everything I'm reading in Google searches (including "pocket veto", which is what this article is implying would occur) states that no action from the Governor means it becomes law.

This bill was introduced in an "extraordinary session", which is now adjourned, so perhaps there are different rules? Need more Google....

That author seems to be the only person who thinks so. This is all I could find:

Any bill passed by the Legislature at a special session which is in his or her possession on or after the adjournment of the session becomes a statute unless the Governor vetoes the bill within 12 days by depositing the veto with the office of the Secretary of State.100 Prior to 1973, the Governor could ‘‘kill’’ (i.e., defeat) a bill in his possession after the adjournment of a special session simply by refusing to sign it.101

from http://www.leginfo.ca.gov/pdf/Ch_09_CaLegi06.pdf

 

[Katya]

Well, he's not going to veto it, so we're screwed. Unleash the lawyers.

 

[Katya]

Think if it was done on the Federal Level? Then we'd All be Screwed.

Yeah, but PACT specifically exempts e-cigarettes... What are they going to do about that?

 

[zoiDman]

Yeah, but PACT specifically exempts e-cigarettes... What are they going to do about that?

True... But this Wording is Troubling.

Prevent sale of tobacco products to youth by providing FDA with the authority to limit tobacco sales to face-to-face transactions, in which the age of the purchaser is verifiable. Self-service displays and vending machine sales of tobacco would no longer be permissible, except in adult-only facilities

https://democrats.senate.gov/2009/0...l-act-of-2009-senate-substitute/#.VyqWU8_n9kg

And the Really Bad Part is that the FSPTA is Already a Law.

 

[Lessifer]

According to this Brown signs bill raising age to buy tobacco to 21

He signed all but one, the one about local governments adding their own taxes he vetoed.

 

[navigator2011]

Yep, now it's official, PG and VG are actually tobacco.

 

[navigator2011]

SFATA-CALIFORNIA DENOUNCES SIGNING OF BILL REDEFINING VAPOR PRODUCTS AS TOBACCO

 

[zoiDman]

According to this Brown signs bill raising age to buy tobacco to 21

He signed all but one, the one about local governments adding their own taxes he vetoed.