For example, the USPS ban on e-cigarettes will restrict the shipping of hemp and CBD oil

Last month, the United States Postal Service (USPS) published its final regulation on shipping vape cartridges and other nicotine electronic delivery systems (ENDS). And it’s not good news for anyone who orders or mails vapes.

The new rule limits the shipping of adult nicotine, hemp and CBD vape cartridges to 10 light, non-commercial ENDS every 30 days. The federal service already prohibits the dispatch of THC vapes.

As a result, buyers and sellers nationwide will have to cover the cost of more expensive private shipping options to accommodate. The new restrictions were originally aimed at stopping underage tobacco use, but all e-smokers will get into the fight.

Following the October ruling, vape users and vendors raised concerns about how the law could affect their access to products. (AdobeStock)

Which ENDS products and accessories are included?

Whether you’re vaping hemp, CBD, THC, or tobacco, all of the components in the device are limited.

These include batteries, power sources and charging attachments for vaporizers, empty cartridges, reservoirs or pods for vaporizers, attachments including mouthpieces and other accessories are included in the new restrictions, at the discretion of the USPS and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) .

An official statement from the USPS to Leafly

On November 3, the USPS addressed specific gray area concerns for hemp and CBD vape users.

“Parts, components, fluids and accessories of ENDS devices that are subject to the PACT Act,” said the USPS via email. “Therefore, as far as (above articles) are considered parts, components, liquids or accessories of ENDS devices, they are now generally not dispatchable.”

USPS added, “Interpretative questions as to whether a particular item falls within the legal definition should be directed to the Bureau of Alcohol, Tobacco, Firearms and Explosives, with a copy to the Postal Service’s Pricing and Classification Service Center.”

The relevant provisions of the new regulations are highlighted below for reference.

“ENDS include, but are not limited to, electronic cigarettes (e-cigarettes), electronic water pipes (e-water pipes), electronic cigars (e-cigars), vape pens, advanced refillable personal vaporizers, and electronic pipes. Any reference to ENDS also includes all components, liquids, parts or accessories of an ENDS device, regardless of whether the component, liquid, part or accessory is sold or provided separately from the device. “- USPS official Decision about ENDS, Section 471.5

The USPS also gave employees the exact letters of the new law in an official memo.

What about hemp and CBD flowers?

CBD obtained from hemp, which consists of 0.3 percent THC based on the dry weight, remains largely dispatchable. Although electronic CBD is caught between these state and federal laws.

The news is a tough break for retailers and users who have chosen vaporizable hemp and CBD products. Without USPS, more expensive shipping via other couriers is likely to skyrocket for both sellers and consumers.

The last rule didn’t come out of the left box for many high volume senders. Leafly has been keeping an eye on shipping regulations since 2016. Back then, too, the federal authorities weren’t friendly when it came to shipping funky leaves.

What are the laws behind this new ban?

This ban stems from the USPS’s attempt to comply with two separate laws.

First, the Prevention of All Cigarette Trafficking Act (PACT) of 2009, which originally limited the shipment of cigarettes and smokeless tobacco products to 10 per adult per month. Exceptions were business, regulatory, testing, public health purposes, and domestic mail in Alaska and Hawaii.

Many small retailers and buyers rely on the USPS for affordable shipping (Leafly)

Then came the Law to Prevent E-Cigarette Selling Online to Children (POSECCA), which was introduced in 2019. POSECCA aimed to restrict both the sale and supply of tobacco products to minors and was passed in December 2020.

In its final ruling last week, the USPS concluded that it had no choice but to ban ENDS, which are used for hemp and CBD along with tobacco products, under both laws. The agency concluded that the POSECCA definition of “cigarettes” now officially includes ENDS, which are used to vaporize any substance, so PACT restrictions apply.

Why are cannabis and hemp involved?

Marijuana and hemp products have been recognized thanks to Vol. 86, No. 201 of the Federal Register, which states:

“The simple language of the POSECCA definition makes it clear that ENDS products that cannot be shipped include those that not only contain nicotine but also“ taste ”or are used with it[] or any other substance. ”It goes without saying that marijuana, hemp and their derivatives are substances. To the extent that they can be administered to an inhaling user through an aerosolized solution, they and the associated administration systems, parts, components, liquids and accessories therefore clearly fall within the scope of POSECCA. (58404) “- Federal Register

The earlier judgments of the US Food & Drug Administration on CBD were also mentioned.

The federal register states: “The FDA has also not approved an ENDS product for the therapeutic administration of non-nicotine substances, including in particular CBD or other substances derived from marijuana.”

The registry added, “Far from taking marketing claims of therapeutic benefits at face value, the FDA has taken enforcement action against companies making such claims about CBD and other cannabis products without the FDA having granted new drug approvals.”

The USPS ruling concludes that “with the exception of hemp-derived CBD, which contains no more than 0.3 percent THC by dry weight, cannabis and cannabis derivatives regardless of POSECCA and regardless of any state or local medical marijuana laws.”

Some medicinal and recreational users prefer oil over flower or edible options. (exhibited / AdobeStock)

How do I get an exemption from sending ENDS?

A volume in the federal register dated April 2020 offers senders instructions on how to help them prepare for exception requests.

Shippers applying for an ENDS exemption must first apply to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Last week’s ruling provided details on how to use these exemptions and the steps the shipper must take. For example, labeling the package with the words “PERMITTED MAILING COMPLETED – DELIVERY ONLY AFTER AGE VERIFICATION”).

Several commentators and manufacturers in the ENDS industry used the Controlled Substances ACT (CSA) definition of marijuana and tried to promote further exemptions from the rule, but to no avail.

Do you need further guidance on interpreting the new law?

The USPS ruling advises anyone with additional questions to contact the ATF.

Section 474.1 of the judgment states: “Notes on interpretation of these provisions can be obtained by contacting ATF at the following address, with a copy to the Pricing and Classification Service Center (PCSC) (address see 213): Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue NE, c / o 90 K St. NE, Ste. 250, Washington, DC 20226. “

Christopher Minaya

Christopher Minaya has written for XXL, Hot 97, In Flex We Trust, and more. He reports on cannabis trends on the east coast to humanize flowering.

Show article by Christopher Minaya

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