The U.S. Post says hemp CBD vape products are included in the ban on sending e-cigarettes

The US Postal Service (USPS) announced its final decision on the shipping capability of vapes on October 20, 2021. USPS has officially confirmed that devices such as vapes cannot be shipped via US mail. This policy was enacted in accordance with the Preventing the Online Selling of E-Cigarettes to Children (POSECCA) Act, which was added to the constitution by former President Donald Trump last year.

A first version of this guideline was previously proposed, but it has been severely restricted by the public. Most of the public trade encouraged USPS not to interpret the law that way. However, the agency claimed that cannabis vapes matched the description of what lawmakers wanted to ban.

POSECCA primarily regulates the delivery and sale of electronic delivery systems (ENDS). And according to the draft law in particular POSECCA;

• To restrict the supply and sale of these systems to persons under the legal age for the purchase of tobacco products, provided that the supply and sale of these systems are subject to certain requirements that include licensing, labeling and tax regulations.

• hires the USPS to enact regulations banning these systems and hires the National Institutes of Health to conduct a study of the effects of e-cigarette use on the health of young adults and adolescents.

Explanation of the rules

USPS gave a detailed explanation of the rule, which was published on the federal registry. According to the wording of the law, the ban includes marijuana and hemp vapes.

The agency claimed that hemp, marijuana, and other derivatives of the products were substances. Therefore, their parts, accessories and components, to the extent that they can be delivered via an aerosolized solution, all fall within the scope of POSECCA

But many people have argued that USPS shouldn’t interpret the bill as such. This is because a ban on cannabis products would be contrary to local or state cannabis laws. Congress has previously sanctioned a spending bill that prevents the use of Justice Department funds from violating state-legal medical cannabis programs. The USPS rule is said to contradict this spending legislation rule.

In response to these allegations, USPS claimed that the arguments were invalid because;

• the rule was set up as part of the federal government. Hence, it is not affected by local or state cannabis laws

• the rule is not part of the Department of Justice, which is the only department of government banned from the State Guard tab.

USPS further stated that hemp containing 0.3% THC is generally shippingable and federally legal. However, only to the extent that they are not contained in an ENDS product or function as part of one. For this purpose, companies can ship legal hemp products if they do not vape products that fall within the scope of POSECCA.

It is good to note that the Agriculture Improvement Act and the POSECCA overlap but do not conflict. The Agriculture Improvement Act only excluded certain products from the CSA. It does not exclusively recognize that hemp and other hemp derivatives can be shipped, thereby displacing newer legislation such as POSECCA. As for POSECCA, it prohibits the shipment of certain hemp and other hemp derivatives. This legislation has made some forms of a class of goods non-dispatchable while the rest remain dispatchable. This approach is not a legal conflict, but a discrepancy in the functioning of the dispatchability regulation.

The exception to the rule

There are a few exceptions to the new mailing rule. The rule does not prohibit shipping of vapes and vape products within the states of Hawaii and Alaska. Registered companies can ship vapes to one another or to government institutions. Vape products for public health and consumer testing purposes can be shipped from cannabis companies. In addition, a maximum of 10 ENDS can be sent per month for non-commercial purposes. Most importantly, companies are prohibited from shipping vaping devices to consumers via U.S. Post.

Several others go on to argue that CBD products should fall under the health exemption, but USPS claimed otherwise. The agency mentioned that creating such an exemption would not apply unless the Food and Drug Administration (FDA) approves such a product.

As for the FDA, it has not approved ENDS products for the therapeutic use of non-nicotine substances. This includes CBD and other marijuana derivatives. Not to forget that only hemp or hemp derivatives with no more than 0.3% THC can be shipped according to the Controlled Substances Act. This applies regardless of local or state medical cannabis laws or POSECCA.

The consequences of the rule

Many proponents of vaping claim that the ultimate USPS rules only confirm the concerns they had long raised when Congress passed the ban.

American Vaping Association President Gregory Conley made some interesting comments in an interview with Marijuana Moment. He said USPS had not once asked Congress to give them a new, unfunded mandate. He believes that Congress introduced too broad a language that leaves the USPS with no choice but to apply the law as it is written.

Conley claimed that the Steam Association expects it will be some time (months or even years) before USPS can guide companies through the application process. Only then can USPS allow B2B sales, and for this reason problems will develop along the supply chain among independents

One thing remains unclear, however, and that is how the law will be enforced. Is it being enforced vigorously? Especially with respect to products that are not subject to federal or state excise taxes. Conley admits that since the penalties are quick and severe, enforcement could be tough. Hence, retailers need to be careful in their choices. It is not worth trading short-term profits for possible legal crises before a federal judge.

Bottom line

Vendors are now witnessing a fire trial after the last USPS rule was sanctioned. Many providers will have no choice but to use private services. Vaping companies and their customers will find how much they have relied on US mailing services.

The only way forward for steam companies is to use private courier services, which is quite expensive. In the end, the vaping users will get the cost increase.

BAN ON VAPE PRODUCTS, READ MORE …

SHIPPING VAPE PRODUCTS IS NOW ILLEGAL WITH USPS AND OTHERS!

OR…

WHAT IS THE REAL REASON FOR THE SHIPPING BAN ON VAPE PRODUCTS?