Updated!! Pennsylvania: 40% tax = game over for vape

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Vafuth

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I read about this yesterday in one of my advocacy groups, clearly lawmakers don't understand the industry or they are simply trying to bury it...

Since the only thing containing nicotine is the juice I could see a 15% tax on the juice alone working out but to tax vape items across the board more than sales tax is absolutely insane, vape shops in PA must be freaking out, you don't pay tobacco related taxes on Hooka's and Tobacco Pipes or Zippo's do you? Nope, should be the same for vaping paraphernalia.

http://www.legis.state.pa.us/CFDOCS...B&billNbr=1198&pn=3731&mobile_choice=suppress
Most politicos are very much "in bed" with big tobacco and have the anti-smoking gestapo banging down their door.
Now, I'm sure we all know that the major tobacco retailers can take the hit of the new tax crap, as it effects both cigarettes and vapes, but the vape industry is still young and has many small "grass roots" companies producing merchandise (mods, juice, etc). The vape industry is also responsible for many people leaving tobacco products behind. This legislation is a soft hit for tobacco and a major blow to Vapes. which is enough to cripple vaping in PA.

Hell, I only started vaping less than a week ago and already I'm dealing with how am i going to afford new mods, coils, subtanks, juice, will my preferred flavors still be available, how far will I need to travel because my local vape shop closed down, etc. obviously law makers in PA are either A: not knowledgeable concerning the vape industry and how it differs from tobacco. and/or B: so funded by the tobacco industry that the destruction of the vaping industry, which cure more people of their smoking addiction than the millions of dollars PA spends in quit smoking assistance, is their actual agenda all along.

Either way, this law is rubbish. it will destroy and industry that is actually helping people.
 
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rothenbj

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If vapers reaaaaally wanted to mess with PA I'd suggest the following:
* go to an out of state vape store to purchase supplies
* buy ONE 15ml e-liquid purchase on a credit card for the first sale
* buy everything else for cash
* everyone file quarterly (I'm guessing) with PA for the tax on the 15ml bottle of e-liquid, which is going to be what? $3 or so?
* you will basically tie them up with paperwork...and they will not get anything else done

Better yet, the PA version of the Boston Tea Party.

CVS Organic 100% Cotton Triple Size Balls, 80CT - CVS.com

$3.39 per bag @40% tax= $1.36. How much does it cost Harrisburg to push paper?
 

rothenbj

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I believe e cigarettes are banned where ever smoking is banned in Philadelphia. The rest of Pennsylvania is not just Philadelphia.

Yeah, but the movement is growing. The tavern closest to my house recently banned vaping because "some people complained". This is a little old hotel tavern that dates back to the days of horse and buggy. Also a local Legion, for goodness sake, bans vaping. Love the liberty that was fought for.
 

CMD-Ky

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I believe the PA state legislature is actually under Republican control at the moment.
I never trust any politician who is running for a third term regardless of party. When they get to the capitol the slow erosion of integrity begins. Few can resist the sweet seduction of money and power; once seduced it is irrevokable.
 

Alexander Mundy

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Rossum, your signature sent me to find out what an "anslinger" was and how it may smell. I have no button to "Like" your signature but I do.
Everyone should be aware of Harry Anslinger and the tactics he used because it is a playbook for winning over the masses to a government sanctioned ban.
 

Jerry J

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Everyone should be aware of Harry Anslinger and the tactics he used because it is a playbook for winning over the masses to a government sanctioned ban.

This has to be one of my favorite quotes from good ole Harry.
"Marijuana is taken by musicians. And I'm not speaking about good musicians, but the jazz type..."

I can just hear him now speaking of the evils of the e-juice and how it will lead us down the path to smoking.

This was from a letter that I received from my congressman.

Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009 to help reduce smoking and to keep kids from getting hooked on cigarettes. Since then, big tobacco companies have continued to market products that weren't immediately regulated by this law, including candy flavored e-cigarettes, to millions of kids.

And...

These are important steps, but there's still more work to be done to protect our children's health. The FDA's new rules don't put any limits on the sale of candy or fruit-flavored e-cigarettes, like 'Gummy Bear' or 'Scooby Snacks', which are targeted to children and designed to get them hooked.

As a father and as a Senator, I am urging the FDA to move quickly to get these insidious flavors off the market, and to ban advertising aimed at our children.
 
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classwife

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This has to be one of my favorite quotes from good ole Harry.
"......... is taken by musicians. And I'm not speaking about good musicians, but the jazz type..."

I can just hear him now speaking of the evils of the e-juice and how it will lead us down the path to smoking.

This was from a letter that I received from my congressman.

Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009 to help reduce smoking and to keep kids from getting hooked on cigarettes. Since then, big tobacco companies have continued to market products that weren't immediately regulated by this law, including candy flavored e-cigarettes, to millions of kids.

And...

These are important steps, but there's still more work to be done to protect our children's health. The FDA's new rules don't put any limits on the sale of candy or fruit-flavored e-cigarettes, like 'Gummy Bear' or 'Scooby Snacks', which are targeted to children and designed to get them hooked.

As a father and as a Senator, I am urging the FDA to move quickly to get these insidious flavors off the market, and to ban advertising aimed at our children.


How did you reply back to him ?
 
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Jerry J

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How did you reply back to him ?

I received the exact same reply letter that I had received when I asked him to support the Cole bill. I think that it was mentioned earlier that the letter was not much more than a crayon drawing of a middle finger. It seemed a bit condescending.

My point was that it seems that many in positions of power are using the Harry Anslinger tactics to make their point. Calling out BT for being responsible for directly targeting children struck a funny note. I will agree that some of the juice suppliers have gotten a bit crazy with naming their juices. But the juice that put put me on the path to quitting smoking was pineapple upside down cake. I guess that juice was targeting people with a sweet tooth.
 

CMD-Ky

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Heck, I'd ban Elvis Presley records, too, just to keep these things from corrupting our youts.

This has to be one of my favorite quotes from good ole Harry.
"......... is taken by musicians. And I'm not speaking about good musicians, but the jazz type..."

I can just hear him now speaking of the evils of the e-juice and how it will lead us down the path to smoking.

This was from a letter that I received from my congressman.

Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009 to help reduce smoking and to keep kids from getting hooked on cigarettes. Since then, big tobacco companies have continued to market products that weren't immediately regulated by this law, including candy flavored e-cigarettes, to millions of kids.

And...

These are important steps, but there's still more work to be done to protect our children's health. The FDA's new rules don't put any limits on the sale of candy or fruit-flavored e-cigarettes, like 'Gummy Bear' or 'Scooby Snacks', which are targeted to children and designed to get them hooked.

As a father and as a Senator, I am urging the FDA to move quickly to get these insidious

flavors off the market, and to ban advertising aimed at our children.
 
I lived in Ames for 5 years and I absolutely LOVED it. Hated when life made me leave there. Just really nice people and a very comfortable place to live. Best and most accessible bus system I have ever seen. I basically never drove my car once the snow flew.

Spent my best 5yrs there as well, almost a double major: quit engineering path while junior in EE Comp Eng; completed AA In Architecture and BS in MIS ('98).

Winter in Ames is like some kind of survival test for cars, people, etc. They never cancel classes even when it's -20F.

Very safe. Friendly people. Reasonably priced small homes. Biggest events are Iowa Games, VEISHA, and Spring floods.
 

Verb

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I've been thinking this morning. I know, dangerous...

The weak spot in this law as written is the phrase, "simulates smoking". They do not choose to define this phrase in the definitions section. Looking up "simulate" in a law dictionary provides an explanation that does not apply here.

What is SIMULATE?
To feign, pretend, or counterfeit. To engage, usually with the co-op- peration or connivance of another person, in an act or series of acts, which are apparently transacted in good faith, and intended to be followed by their ordinary legal consequences, but which in reality conceal a fraudulent purpose of the party to gain thereby some advantage to which he is not entitled, or to injure, delay, or defraud others. See Cartwright v. Bamberger,

Law Dictionary: What is SIMULATE? definition of SIMULATE (Black's Law Dictionary)

So, a lay definition must be applied. This opens up a huge vagueness argument.

The devices I use and the substances I use in them no more simulates smoking than a nebulizer. If they apply the tax to nebulizers and the perscription medications that are used in them, I might be on the hook to pay the tax on what I use. If they don't apply the tax to nebulizers, how would I know what I'm using fits the term "simulates smoking".
 
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Downgraded286

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This has to be one of my favorite quotes from good ole Harry.
"......... is taken by musicians. And I'm not speaking about good musicians, but the jazz type..."

I can just hear him now speaking of the evils of the e-juice and how it will lead us down the path to smoking.

This was from a letter that I received from my congressman.

Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009 to help reduce smoking and to keep kids from getting hooked on cigarettes. Since then, big tobacco companies have continued to market products that weren't immediately regulated by this law, including candy flavored e-cigarettes, to millions of kids.

And...

These are important steps, but there's still more work to be done to protect our children's health. The FDA's new rules don't put any limits on the sale of candy or fruit-flavored e-cigarettes, like 'Gummy Bear' or 'Scooby Snacks', which are targeted to children and designed to get them hooked.

As a father and as a Senator, I am urging the FDA to move quickly to get these insidious flavors off the market, and to ban advertising aimed at our children.

How? Just how? Has anyone ever seen packaging that would attract children, in a store full of products you already have to be over a certain age to purchase? Has anyone ever seen owners of candy stores offering children vapes, going "here you go Rusty, try this"? Are they giving vapes away with capri sun now?

And again, I believe in every individual's right to decide whether or not to smoke. I can't really see how vaping would lead to smoking. Maybe if someone who never smoked before started vaping and then became curious of cigarettes and tried it. Maybe they'd stick with it, maybe not. It's their choice.

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