USPS prohibits the mailing of nicotine and cannabis devices

The United States Postal Service (USPS) released the details of its final regulation on shipping nicotine devices, which includes cannabis vape devices, and immediately bans shipping via USPS postal services.

The USPS announced on October 20 that it will no longer allow the shipping of nicotine vape pens as of today, as will vape pens that contain hemp, CBD, or cannabis. This final judgment is a judgment that has been in the works since the beginning of this year. The USPS announced in April 2021 that it would change its rules to prevent the shipment of vape pens in conjunction with a bill passed by Congress in December 2020. The goal of the bill, which is designed to prevent e-commerce from being sold online, The Cigarettes to Children Act (POSECCA) aims to prevent minors from getting their hands on vaping equipment and reduce lung damage from vapes. However, due to the language of the bill, it also includes cannabis.

In an article published in the federal register on October 21, entitled “Treatment of e-cigarettes in the mail”, the agency points out that the word “substances” applies to more than nicotine. “As discussed further in Section III.D.1.i, regardless of the use of ‘nicotine’ by Congress in the term ‘electronic nicotine delivery systems’, the simple language of the POSECCA definition makes it clear that ENDS non-shipping products include those which contain or are used with not only nicotine but also “taste”[ ] or any other substance, ‘”the article says. “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. “

The USPS called on the public to speak out on the matter, in which the article states that 15,700 comments have been submitted. Many arguments have been made that the final rule should not restrict cannabis products, however the Agency addresses these concerns directly about why the inclusion of cannabis as an electronic nicotine delivery system or “ENDS product” is necessary. “This is why ENDS products that contain THC or are used with THC (e.g. liquids containing THC, cannabis waxes, dried cannabis herbs) cannot be shipped within the framework of the CSA. The decision of Congress to keep such items out of the federal postal network does not affect whether their use or exchange violates state or local law. It also doesn’t change whether the Justice Department – a federal agency independent of the postal service – may use its allocated funds to disrupt the application of state or local laws. “

The USPS notes that shipping hemp containing less than 0.3 percent THC is still federally legal as long as it’s not in a vapor product. The agency also advises that this new rule includes further exclusions:

• Intra-Alaskan and Intra-Hawaii Mailings: Domestic mailings within Alaska or Hawaii;
• Business / Regulatory Purposes: Shipments between verified and authorized tobacco industry companies for business purposes or between such companies and federal or state agencies for regulatory purposes;
• Specific Individuals: Light, adult non-commercial broadcasts limited to 10 broadcasts per 30-day period;
• Consumer Testing: Limited shipments of cigarettes from verified and authorized manufacturers to adult smokers for consumer testing; and
• Public Health: Limited shipments of cigarettes by federal agencies for public health purposes under similar rules to those that apply to manufacturers who conduct consumer testing.

One commenter questioned the enforceability of this new rule, suggesting that vendors could ship products below the weight threshold to avoid detection. USPS responded that the commentator’s assumptions on the matter were incorrect. “First, there is no weight threshold for enforcing mailability through the postal service; the postal service can and will enforce the shipping laws regardless of weight, shape or other mail item properties, ”the article says. “Second, a vendor who doesn’t advertise their sales is unlikely to remain a vendor for long. Third, the presence of identification markings is not a prerequisite for the detection of non-dispatchable material; In fact, only a few senders of the considerable quantities of contraband that could not be sent, which were uncovered by the postal inspection service and its partners in the Federal Police, transparently point out the illegal content they are sending. “