Why me?

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Brewlady

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South Hadley Massachusetts passed a ban on e-cigs in October 2009

http://www.southhadley.org/pages/SouthHadleyMA_Health/forms/etobacco

Since I just started vaping in August, I googled to make sure I wasn't doing anything illegal. And sure enough, of all the places in Massachusetts, I work in the one place I know of that has banned their use.

They really don't understand what these are....the link ends in etobacco....???
 
Wow...they don't want e-cigs in their town because of kids. So, what about the tax-paying adults? Here is another prime example of uninformed people with the power to pass laws. Check out casaa.org's website, they have packets of factual information designed to be given to lawmakers.

The etobacco is just the very odd name they gave to this document. What is etobacco? LOL
 

Brewlady

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My exodus from Taxachusetts has to wait six more years. I won't mind going outside in February when I'm living somewhere warm, but for now, I'm stuck. It's funny though, if our lovely Governor Patrick hadn't raised the cigarette taxes so I was paying $8.28 for a pack of Marl Menthol Lights, I might have never discovered Atomic Cinnacide. And for that, I am grateful. Still not voting for him though!
 

Luvs5rugrats

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Sep 15, 2010
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That's my old neck of the woods. I left Greenfield about 11 years ago. :) I find it extremely amusing that (according to that link) you can sell these products in South Hadley IF you buy a permit. Just more evidence that it's all about the money. As for banning e-cigs everywhere where regular cigs are banned, well, only time will tell where that goes. It absolutely should be up to the business owner. Smokers have become the lepers of society and it really, really sucks, that even though we don't smoke anything and produce no second-hand smoke, we're still considered as such. I can hardly tolerate people who have a cell phone glued to their ear, so much so that they can't drive or go shopping without yapping away. Hey, whatever addiction makes you happy.
 

no0b

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Sep 6, 2010
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The only this that document changes is that whoever is selling the ecigs will need a permit to sell them. Read the entire document before getting scared of it lol. The big difference will be for the companies that sell them, since most are undeclared web-stores. You need permits to sell ANYTHING, be it a pack of gum or a beer, so why should it be different for ecigs?
 

IcyShadowz

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Sep 24, 2010
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Ya but this could hurt all online sales of Ecigs look at E3 which states "All Retail Sales of Nicotine Delivery Products must be face to face between the seller and the buyer" on top of which it also states that on F "No person shall distribute, or cause to be distributed, any free samples of Nicotine Delivery Products no person shall permit any sampling of a Nicotine Delivery Products. " On top of all that it also states on G that it is prohibited in all smoke free zones. Now i understand not selling to minors that makes since but if they passed this here then it can only spread we need to stand together and fight against this kinda thing other wise if passed all over there will be no more online shops to order from and your juices you buy will only be available to you by people in your state i dont know about you guys but if that's passed everywhere i will no longer have access to juices we need to stop things like this now before it gets to far
 

Vocalek

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Laws are passed by elected legislators. Examples include City Council, County Commissioners, State Senators and Representatives.

This document is a Regulation, not a Law, issued by the City Health Department. Any regulation passed by an administrative office must fall under authority granted to it under some existing law. You might want to consult an attorney who is licensed to practice in Massachusetts to find out for sure, but it looks to me as if they might be expanding the "Smoke Free Workplace Law" (M.G.L. Ch 270) beyond what actually exists in the law. In Virginia, the state Health Department tried to pull that fast one on us. We managed to get a legal opinion issued by the Attorney General regarding whether the VA Clean Indoor Air Act includes vapor. Our law was very specific about smoke being produced by lighted tobacco products, and he ruled that e-cigarettes are not included in the Virginia ban on smoking.

Does the Health Department have the authority to issue other business licenses? Are they the ones who issue licenses to sell alcohol? Tobacco products? If so, they might have the authority to require licenses for sale of e-cigs, but I have to question whether they could require a license to sell a novelty item that mimics the look of smoking but does not deliver nicotine. Under what law would such authority be granted?
 

IcyShadowz

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Sep 24, 2010
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Laws are passed by elected legislators. Examples include City Council, County Commissioners, State Senators and Representatives.

This document is a Regulation, not a Law, issued by the City Health Department. Any regulation passed by an administrative office must fall under authority granted to it under some existing law. You might want to consult an attorney who is licensed to practice in Massachusetts to find out for sure, but it looks to me as if they might be expanding the "Smoke Free Workplace Law" (M.G.L. Ch 270) beyond what actually exists in the law. In Virginia, the state Health Department tried to pull that fast one on us. We managed to get a legal opinion issued by the Attorney General regarding whether the VA Clean Indoor Air Act includes vapor. Our law was very specific about smoke being produced by lighted tobacco products, and he ruled that e-cigarettes are not included in the Virginia ban on smoking.

Does the Health Department have the authority to issue other business licenses? Are they the ones who issue licenses to sell alcohol? Tobacco products? If so, they might have the authority to require licenses for sale of e-cigs, but I have to question whether they could require a license to sell a novelty item that mimics the look of smoking but does not deliver nicotine. Under what law would such authority be granted?

You would know better then i would im not very good at all this but i still think we should help stand up against this

I live in Oregon.. they banned the retail sales of ecigs because it "appealed to children with the fun flavors"... but lets get real.. they banned the sales because they can't tax it. I can still smoke it, but no one can sell it so it's buying online for me.
That really sucks so there actually is states banning ecigs form being sold? We all really need to step in and stop all this nonsense
 

Vocalek

CASAA Activist
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Actually, there is no ban on sales in Oregon. The Oregon AG was one of two State Attorneys General who tried to do an end-run around the Federal Courts and sued the two companies (Smoking Everywhere and NJOY) who were suing the FDA. Those two companies agreed to not sell in Oregon, but those settlements have no effect on other companies.
 

Vocalek

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You would know better then i would im not very good at all this but i still think we should help stand up against this


That really sucks so there actually is states banning ecigs form being sold? We all really need to step in and stop all this nonsense

You are correct that we all need to stay vigilent to what is going on and to be ready to jump in with phone calls, faxes, letters and emails when necessary. But to be proactive, we suggest that you contact your elected officials now and let them know how electronic cigarettes have helped you and many others. Ask them to help keep reduced-harm products legal. That way when some lobbyist starts pushing an anti-ecigarette bill, your Senators and Represenative won't be asking, "What's an ecigarette?"
 
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