The long-awaited ban on mailing vape products will be delayed, according to the United States Postal Service, because the agency needs more time to figure out exactly how to implement the sweeping changes.
The ban was supposed to take effect Monday and apply to all vape companies, even those shipping products without nicotine. Since it spanned the cannabis industry, numerous companies the produce and/or distribute vape products have said the change will “severely harm their businesses.” This ban has been on the horizon for months now, but in a short exchange with MJBizDaily, a Postal Service spokesman said that USPS isn’t ready to implement the final rule just yet.
“Despite our best efforts, in order to ensure thorough and thoughtful consideration of the complex issues and voluminous comments by industry, individual, and governmental stakeholders, the Postal Service is unable to publish a final rule by today’s target date,” spokesman David P. Coleman said in an email.
Coleman said the USPS would finalize the rule “as soon as possible.” He added that “Mailers should be prepared for implementation upon publication anytime.”
Just last week the Postal Service reminded businesses about the ban so they can make whatever changes are needed and possible. FedEx and UPS already have said they will follow the U.S. Postal Service’s directive and will NOT ship any vape products. With no major carriers willing to move vape products, businesses are now stuck navigating both the new PACT Act requirements and finding a new way to ship their products.
This vape ban is not a ban in the true sense of the word. It’s a ban on the shipping of vape products, not on the actual use, production, or sale of them. And because cannabis vape products fall under the general term of ‘tobacco products’, it doesn’t actually specify anything about cannabis, if we’re choosing to get technical here.
The ban is for “tobacco” vaping products being shipped through UPS, FEDEX, USPS, and other major couriers. This does not mean companies cannot sell products, or ship them through the mail through a small private company, but it does mean they will need to scramble a bit and figure out what they will do before
In a way, it’s a ban that isn’t technically a ban, as there is no ban on any company or individual. This means the US government is not trying to legally stop people from using these products, or companies from making them, but it does seem to be trying to determine how the public can get products, and what products will be available to them. Overregulation for the sake of overregulation.
It might take a while before things are running smoothly for everyone. Companies will be looking for ways to get their products to consumers, while consumers are faced with the issue of finding their favorite items at the prices they’ve grown accustomed to. Luckily, this delay gives everyone a bit more time to stock up on Delta 8 vape carts before the new regulations are fully in place.
If you recall, about 1 month ago we covered the upcoming vape product shipping ban that was snuck onto page 5,136 of last year’s COVID relief bill. At the time, there was still a lot of confusion about what shipping companies would be included and when these new measures would take place. Now we have some more updates and can offer additional clarity about what exactly is going on.
Last month’s article was based off the text of the omnibus bill, of which the specifics up for speculation because we weren’t exactly sure if this ban would cover only tobacco vape products or if it would extend to the cannabis industry. As it stands, all vape products fall under the category of tobacco, whether they actually contain tobacco or not.
Now, we have updates from the United States Postal Service and a few other shipping companies, so we’ll give it to you straight from the horse’s mouth this time.
one of the main products that will be affected from this new vape-ban are Delta-8 THC vapes. People who got used to pay between $19.95-$29.95 for a premium cartridge, will finds the same product sold for double. As a result we have seen a sharp rise in the demand for Delta-8 vape bundles, where vape carts are sold for under $12/cart, when bought as-part of a bundle.
As part of the amended PACT (Prevent All Human Trafficking) Act, the USPS now prohibits the delivery of “ENDS” products, directly to consumers. The term ENDS stands for Electronic Delivery Nicotine Systems, but the term is used loosely to include “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 accessoryof a device described [above], without regard to whether the component, liquid, part, or accessory is sold separately from the device.”
Although the USPS doesn’t have any official statement posted on their website, the cutoff for shipping vape products is 120 days after the enactment of the CARES act, which falls on April 27, 2021. All it says on their website right now, is as follows, “Cigarettes and smokeless tobacco are restricted items and can only be mailed in limited circumstances. Cigars may be mailed domestically.”
United Parcel Service (UPS)
As per their website, the “UPS is prohibiting the shipment of Vaping Products throughout its U.S. network (including import and export). For the purpose of this prohibition, Vaping Products includes any and all noncombustible liquid or gel, regardless of the presence of nicotine, capable of being used with or for the consumption of nicotine. All related vape devices, products and accessories are included in this prohibition.” This will be effective April 5, 2021.
This is an update from their previous policy, which can be found a bit further down on that same page. Their outdated rules are as follows, “Electronic cigarettes and other Vaping Products are considered Tobacco Products for the purpose of this policy, and therefore can be shipped only by Shippers who have been approved for and have signed a UPS agreement for the transportation of Tobacco Products.”
“Shippers are responsible for complying with such all laws restricting or prohibiting the shipment of Vaping Products, even if such laws are the subject of a legal challenge or have been enjoined from enforcement at the time of shipment. Shippers are also responsible for monitoring legislative enactments regarding Vaping Products and complying with such laws immediately as of the date such laws take effect.”
Fedex and Dalsey, Hillblom and Lynn (DHL)
Fedex already prohibits the shipping of tobacco products, which includes vape products. According to their website, “Even if you have proper licenses and are authorized to ship tobacco products, we will be unable to accept your shipment. Tobacco and all tobacco products cannot be accepted at any FedEx or FedEx Office location.”
This includes but is not limited to:
Hooka or shisha
Fedex has previously confirmed that it will end shipping of vapor products on March 1, 2021. DHL, (Dalsey, Hillblom and Lynn) the other major shipping service based out of Germany that offers international shipping, previously banned domestic retail shipments of e-cigarettes and all other nicotine products.
More about USPS and the vape ban
In addition to banning USPS deliveries of vaping products, the “Preventing Online Sales of E-Cigarettes to Children Act” forces companies and individuals who are legally selling vape products to adhere to many new, and very stringent, regulations. For example, they will be required to:
Register with the U.S. Attorney General/ATF
Verify age of customers using a commercially available database
Use private shipping services that collect an adult signature at the point of delivery
If selling in states that tax vaping products, sellers must register with the federal government and with the tobacco tax administrators of the states
Collect all applicable local and state taxes, and affix any required tax stamps to the products sold
Send each taxing state’s tax administrator a list of all transactions with customers in their state, including the names and addresses of each customer sold to, and the quantities and type of each product sold
Maintain records for five years of any “delivery interrupted because the carrier or service determines or has reason to believe that the person ordering the delivery is in violation of the [PACT Act]”
Sellers who do not register or don’t comply with the requirements of the PACT Act are subject to severe penalties, including which can range from hefty fines to prison time. These provisions apply to all online sales, no matter which carrier ships them.
What does the vape ban means dor Delta-8 THC vape cartridges?
Unfortunately, one rule applies for both nicotine, CBD and Delta-8 THC vape cartridges so starting next month your ability to get them online will be limited! As a result, starting March clients who will try to buy Delta-8 THC vape cartridges online, will have to pay more for the same product, as alternative shipping solutions will be much more expensive.
We estimate that the same product, sold today for between $19.95-$29.95, will cost double few weeks from now.
Well, things might get a bit complicated for a while until everyone figures out what they’re going to do. As you know, the cannabis industry is one of the most adaptable out there and even complete prohibition couldn’t stop it from taking off, so I wouldn’t worry about this vape ban too much.
Sellers of vape products will find other companies to do the shipping for them. It might be pricier for a while, but eventually, these costs should level out. It’s hard to say exactly what will happen, but as soon as we get anymore information, you know we will be covering it here. Make sure you subscribe to the CBD Testers Weekly Newsletterto get all the latest news delivered straight to your inbox!