Why did Swiss Post banned all nicotine and cannabis devices from shipping?

For some time now, there have been uncertainties about what will last for a long time in relation to the shipping ability of vapes. The 2018 Farm Bill made hemp derivatives legal and this has led many to believe that such products can easily be mailed to others. The US Postal Service (USPS) recently emerged to puff the air on this and issue its definitive rule prohibiting the mailing of nicotine and cannabis devices. Read on as we delve into the details of this new proclamation and how it can affect cannabis industry stakeholders.

Last year, a law was passed in Congress that was primarily aimed at preventing nicotine vaporizing devices from being shipped. Since that law was passed, the USPS has developed a number of regulations to bring the new law into effect, but nothing specific has been put forward so far. Cannabis enthusiasts and advocates had also tried to convince the USPS not to interpret the law as affecting companies in the hemp industry. However, with the new USPS proclamation, the agency has classified all cannabis and nicotine-related devices as unacceptable for shipping.

A closer look at the language of the bill reveals exactly why it’s a source of controversy between the agency and public cannabis advocates. The bill passed by Congress restricts “electronic nicotine delivery systems”. The place of controversy now lies in the agency’s accepted definition of electronic nicotine delivery systems. The agency defines the terms as any device that delivers nicotine or some other substance to the user through an aerosolized solution. The point of contention here is that the agency categorizes hemp and marijuana under “all other substances,” imposing the same restrictions on nicotine devices. The Agency believes that cannabis and its derivatives through vapes and other delivery devices fall within the scope of these laws.

Counter-argument to the interpretation of the USPS

Prior to its promulgation by the USPS, there was a series of back and forth over the possible interpretation of the law and how it might violate other pre-existing laws. Some cannabis advocates have stated that the USPS’s move to impose it may go against some state or local marijuana laws. Despite the fact that cannabis remains illegal at the federal level as it is classified as a List 1 drug by the federal government, various states have legalized it for medical and recreational use. This particular move by the USPS, according to some proponents, contradicts Congress-approved spending laws. Legislation restricts the use of Justice Department funds to interfere with state-legal medical cannabis programs.

The agency also spoke up on this counter-argument in order to further clarify its position. The USPS believes these arguments do not hold up because it is a subsidiary of the federal government that still classifies cannabis as a List 1 narcotic, making it illegal. Therefore, the agency remains free from the effects of state or local cannabis guidelines that classify the natural product as legal. The agency also states that the spending bill passed by Congress only affects the Department of Justice, of which it is not a member. The Ministry of Justice is restricted by state protection tabs in the middle legislation.

Exceptions to the law

Despite the fact that the law prohibits shipping of cannabis delivery equipment, it is still not all-inclusive as the law is still subject to restrictions. The agency has stated that hemp containing no more than 0.3 percent THC is legal at the federal level, but it can still generally be shipped as long as it is not incorporated into an ENDS product. ENDS products are products that are previously defined electronic delivery systems and the law covers products that function as part of ENDS products. This means that hemp-based non-ENDS products are unrestricted by the USPS.

Another exception to the new shipping rule is that shipping of vapes within the states of Alaska and Hawaii will still apply. The law also allows vapes to be shipped between verified companies or government agencies. This largely opens up the shipping of products by cannabis companies for consumer testing by federal agencies or other public health research purposes. This means that the USPS has applied its business-to-business cigarette shipping rules to cannabis vaporizing devices. However, anyone familiar with the procedure knows that the application process alone is very difficult.

Individuals are also allowed to ship up to 10 ENDS products every 30 days for non-commercial use. The admissibility of such transactions is based on the fact that they must not be commercial and that no money may change hands on the account of such a shipment. This exception allows individuals to return products that are deemed damaged or unacceptable to the manufacturer. Unfortunately, it does not allow the manufacturer to send a replacement for the product to the consumer.

The role of POSECCA and PACT Act

The POSECCA (Preventing Online Sales of E-Cigarettes to Children Act), passed and signed by President Trump, prevents the supply of nicotine and cannabis vapor products to private households. This law forces vape senders to comply with the Prevention of All Cigarette Trade (PACT), which imposes strict requirements on senders. Sellers must use a commercially available database to verify customers’ ages, obtain an adult signature at the point of delivery, and register with the ATF and US Attorney, among others. This is sure to further tighten shipments of steam products across the country.

Bring away

The extent of the dependence of steam consumers and businesses on the US Postal Service is about to come to light, and not in a very good way. Many online providers will have to opt for private services following this new USPS announcement. The downside of this step is the uncertainties related to how such providers will operate.

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