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New Vape Shipment Restrictions & PACT Act: Need-To-Knows

by Hunter Stevenson on March 25, 2021

New Vape restrictions & the PACT act

March 27th, 2021

On this date, a new set of shipping restrictions will be in effect nationwide. To put it simply, any substance that can be smoked/inhaled through an electronic delivery system are now under the same legal classification as cigarettes. This includes vape oils, vape cartridges, etc. of any kind. Below we will detail exactly what changes were made to legislation resulting in these restrictions, and what that means for our loyal customers. Starting Friday, 03/27/21, a signature confirmation by the carrier will be required, as well as collection of applicable state and local taxes, in order for these products to be shipped legally direct to consumer. Effective April 26, 2021, all vape products can no longer be shipped through the normal shipment carrier, United States Postal Service (USPS). Thus, shipping costs on vape products may be more than usual, and as mentioned, an adult signature will be required at all times for ENDs products.

PACT Legislation

For a general summary, we share the following excerpt from The National Law Review:

"As part of the “Consolidated Appropriations Act, 2021,” in the most recent COVID-19 relief bill signed into law on December 27, 2020, Congress amended the Prevent All Cigarette Trafficking (“PACT”) Act to apply to e-cigarettes and all vaping products. Originally passed in 2009, the PACT Act amended the existing Jenkins Act of 1949, which required interstate shippers to report cigarette sales to state tobacco tax administrators in order to combat illicit sales and tax avoidance. When it became law 60 years later – the same year the Tobacco Control Act gave FDA authority over tobacco products – the PACT Act, among other things, prohibited the use of the U.S. Postal Service (“USPS”) to deliver cigarettes and smokeless tobacco products directly to consumers."

The 2020 amendment to PACT alters the original legal definition of the word "cigarette" to include ENDS (Electronic Nicotine Delivery Systems). ENDS are officially defined as “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device,” including “an e-cigarette; an e-hookah; an e-cigar; a vape pen; an advanced refillable personal vaporizer; an electronic pipe; and any component, liquid, part, or accessory of a device described [above], without regard to whether the component, liquid, part, or accessory is sold separately from the device." The word "substance" is the key here. This prevents online sellers such as ourselves from selling CBD Vape Cartridges & Oil, as well as Delta-8 Vape Cartridges and Oil. However, Business to Business transactions have historically been exempt from PACT, meaning these types of transactions as well as wholesale transactions may still be completed and shipping legally. 

It is also important to note that the whole point of PACT legislation is to prevent children from accessing, and becoming addicted, to nicotine. Because of this Experience CBD fully supports PACT, and will comply with any associated legislation. The inability to ship CBD and Delta-8 Vape Products is just a side effect of broad legislation.

Where to get your CBD and Delta-8 Cartridges

This isn't really bad news for CBD and Delta-8 Vape consumers, as this is NOT a ban on the products themselves. You will still be able to purchase them from your local Smoke & Vape shops. If you're unsure of where to buy Experience CBD products from local shops, you can visit our store locator.

References

The National Law Review

The United States Postal Service

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