USPS Postpones Vape Ban, Not Yet Ready To Implement Final Rule

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.

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Background on The Vape Ban

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.

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Final Thoughts

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.  

To learn more about Delta 8 THC, and for access to exclusive deals on vape carts, gummies, dabs, tinctures, flowers and other products, make sure to subscribe to The Delta 8 Weekly Newsletter.

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Sparing 420, Vape Ban Goes Into Full Effect 4/27

Out of all the major couriers, United States Postal Service had the latest cutoff date before the looming vape ban goes into effect. But here we are, the time has finally come and we’re now just shy of a week before we can no longer order vape products with the same ease and low prices that we’ve grown accustomed to.

At least they let us have 420, right? Already, Fedex, UPS, and a few other delivery services have began regulating the shipment of vape products under the new PACT Act, and the USPS is set to join them in about 1 week. As part of the amended PACT (Prevent All Human Trafficking) Act, the deliver of “ENDS” products directly to consumers will be prohibited or very strictly regulated.

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 accessory of a device described [above], without regard to whether the component, liquid, part, or accessory is sold separately from the device.”

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USPS was last to follow suit, but come April 27th, they will be amending their regulations as well. If a courier decides to continue shipping vape products, they will be required to pay extra fees as well as checking ID and getting signatures at the time of delivery. It’s a very costly waste of time, so most companies are choosing to avoid dealing with these products altogether.

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.

To stock up on Delta 8 Vape Carts before the ban goes into effect, make sure to subscribe to The Delta 8 Weekly Newsletter and shop our 420 deals! We also have exclusive discounts on flowers, edibles, topicals and much more, as well as interesting articles and news to always keep you updated!


The Vape Ban Explained

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.

Final Thoughts

It’ll be rocky at the beginning, companies finding ways to get their products to consumers, and consumers trying to figure out the fastest and most affordable way to get what they need. For now, your best bet is to stock up and take advantage of all the 420 deals before the vape ban goes into effect. If you have a good amount of Delta 8 vape carts in your stash, that should buy you enough time until your favorite companies find a new way to ship your favorite products. Thanks to the unwavering adaptability of the cannabis industry, that shouldn’t take very long to do.

In the meantime, check out our newsletter, The Delta 8 Weekly Newsletter, to shop through our 420 Delta 8 THC deals before the clock runs out on this vape ban!

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Delta 8: Shipping Vape Ban Goes Into Effect Soon – What Does It Means?

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.

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United States Postal Service (USPS)

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 accessory of 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.”

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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:

  • Cigarettes 
  • Cigars
  • Loose tobacco 
  • Smokeless tobacco 
  • Hooka or shisha
  • Vaporizers 
  • E-cigarettes 

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.

It might be a very smart move to stock-up on Delta-8 THC products today, while you still can…

What will happen next?

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 Newsletter to get all the latest news delivered straight to your inbox!

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New Vaping Bill: Effective March 2021 No More Mail Order Of CBD & Delta-8 THC Vape Carts

No more mail orders for CBD and Delta-8 THC vape cartridges…
Over the last couple of weeks, congress has been going back and forth trying to iron out the framework of a 5,593-page COVID-19 relief bill, the longest bill ever written in U.S. history, and buried deep within its text is a provision that will change the vaping industry as we know it.
Unfortunately, not only nicotine products, but also CBD and Delta-8 THC vape cartridges will be affected from the bill.

The main problem with this COVID “relief” bill, aside from the strange spending points, is that it’s being used as a front to pass legislation that has nothing to do with the virus. At the top of our list is a note on page 5,136 that will ban the United States Postal Service (USPS) from shipping vaping products to adult consumers. Although it was intended to be applied specifically to the tobacco industry, thanks to non-specific and sloppy drafting, the effects will be felt well beyond the confines of nicotine products and both CBD vape carts and Delta-8 THC vape cartridges, will also be banned…

In a few weeks you won’t be able to order Delta-8 THC vape cartridges online!
Looking to buy on Delta- 8 carts? Subscribe to The Delta 8 Weekly Newsletter and get it before it is too late!

The PACT Act

Under the Prevent All Cigarette Trafficking Act (PACT Act, which is part of the Jenkins Act), the word “cigarette” will be redefined to included all “electronic nicotine delivery system.” But despite the word “nicotine” being used in the bill, the overall definition is so broad that lawmakers have red-flagged ALL vape liquids, including those containing CBD and standalone devices to used for vaping THC and other cannabinoids.

These changes of the bill go into effect into 120 days, at which point all orders of vaping products will need to be shipped via an alternate service, which can be extremely costly and will require the signature or a recipient who is 21 years of age or older.

Additionally, starting 90 days after the enactment of this new law, all internet and mail-order businesses will be required to file length reports every month with state, native tribes, and local governments that will include details about the identity, location, and product orders of all customers who buy vaping items within their jurisdiction.

The title of the original Congress bill containing this text was The Preventing Online Sales of E-Cigarettes to Children Act, however, it is already illegal under federal law to ship vaping and tobacco products to minors, and this new version of the mandate will apply to adults in legal markets as well.

Increased risk for COVID

Logical critics argue that this new law, hidden in the text of a COVID relief bill, may actually increase the risk of one being exposed to and developing the disease, ironically. Take an elderly woman who recently switched from cigarettes to vape products to improve her health. She lives alone in a rural area and has products mailed to her to reduce the risk of catching COVID. The new law would force this hypothetical elderly woman out of her house and into the general public to shop for vape products, which increases her chances of being exposed to, not only COVID-19, but other illnesses as well, such as the flu.

“The sponsors of this legislation repeatedly refused to consider common sense amendments that would have protected youth, while also not needlessly shutting down small businesses,” says Gregory Conley, president of the American Vaping Association. “Thanks to their intransigence, the language included in the omnibus is so sloppily drafted that it will also ban the USPS from shipping CBD liquids intended to be vaporized, as well as devices intended for use with THC or other non-nicotine substances.”

He added: “There are still 36 million American adults smoking combustible cigarettes and over 400,000 will die from smoking-related illnesses this year alone. The American people should start questioning why their government is so intent on making it harder for adults to quit smoking.”

In that vein, illness that are often developed by smokers affect many of the same major organs as COVID-19, such as the lungs, oesophagus, and vascular system. When a smoker becomes infected with COVID-19 or any type of SARS virus, they will likely suffer more than a non-smoker.  

“Smokers often have serious heart and lung health problems already. Add COVID-19 to the mix and you are likely to get a very sick patient; they just don’t have the physiological reserves to deal with the massive inflammatory attack brought on by the coronavirus,” said Joseph E. Ebinger, MD,  a cardiologist with the Smidt Heart Institute at Cedars-Sinai.

In a few weeks you won’t be able to order Delta-8 THC vape cartridges online!
Looking to buy on Delta- 8 carts? Subscribe to The Delta 8 Weekly Newsletter and get it before it is too late!

Final thoughts

There was a lot of back and forth with this bill, but the main source of disagreement was the size of the stimulus checks, but there was no doubt that this vaping law would slip under the radar. Ultimately, the bill passed as was expected. Lawmakers were banking on the fact that most people won’t look it up and read through the absurdly long bill themselves, and they were right.

Now, we have 120 days before the industry as we know it, will change for what seems to be the worstLEGAL customers will no longer be able to purchase vaping products by mail order thanks to this new bill.

As far as business goes, experts predict that large, better capitalized companies will have no problem paying the costs required to be in compliance with the new regulations, while smaller companies, the mom-and-pop shops, will be the ones to suffer and eventually be pushed out of the market altogether, so if your favorite products are coming from a smaller business, you may want to stock up before they’re forced to shutter the doors.

Thank you for stopping by CBDtesters.co, your prime location for all cannabis-related news. Keep up with us every day to know what’s going on in the world, and sign up to our newsletter so you’re always in the know!

RESOURCES:

Learn More About the New Vaping Bill
Is Delta-8 Legal in Your State? (A state-by-state guide)
DELTA 8 THC Products Still Available Online; Companies Suing The DEA
Synthetic Cannabinoids (Are they safe?)
The Endocannabinoid System Explained (Why Cannabis Is Good for Our Bodies)
Everything You Need To Know About CBD Isolate (a deep look into hemp extracts)
Cannabinoids 101 – Spotlight on CBN (Cannabinol)
Your Complete Guide to EU GMP-Certified CBD Isolate and Distillate – Spotlight on the regulated EU market
Everything You Need To Know About CBG Isolate
Newest Cannabinoid Powerhouse – CBC – What Can It Do for You?What is DELTA 8 THC (FAQ: Great resource to learn about DELTA 8THC)
DELTA 8 THC Medical Benefits (The medical background of using DELTA 8 THC products)
Best Delta-8 THC deals, coupons and discount. How to choose Delta-8 THC vape cartridges.
DELTA 8 THC Business: Risks and Rewards (Read it before opening a DELTA 8 THC business)
Delta-8 THC infused hemp flowers: How to choose Delta-8 THC flowers
DELTA 8 THC Legal loophole (Explains the legal background of the DELTA-8 THC business opportunity)
DELTA 8 THC Testimonials (What people have to say about DELTA-8 THC)
The 
CBD Flowers Weekly newsletter (your top resource for all things smokable hemp flowers)
The 
Medical Cannabis Weekly newsletter (International medical cannabis business report)
The Legal Landscape Of CBD Hemp Flower In Europe
Regulators Go After Smokable Hemp Flower – What Does The Future Hold?

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Hemp, Cannabis, and the United States Postal Service

During the middle of last year, the
United States Postal Service (USPS) updated its “Hazardous, Restricted, and
Perishable Mail” policy to include new standards for mailing cannabis and hemp-based
products, following the passage of the 2018 Farm Bill.

It’s one of the best and most reliable ways to ship products, but many people still aren’t sure if shipping hemp and cannabis is legal, and quite frankly, it makes some business owners nervous. Luckily, the USPS has updated its long-standing policies against hemp and cannabis products, and since June 2019, they will gladly ship these products across the U.S. (and internationally in some cases) as long as the proper paperwork is included.

According to their website, “Over the past several months, the Postal Service has received numerous inquiries from commercial entities and individuals wishing to use the mail to transport cannabidiol (CBD) oil and various other products derived from the cannabis plant.”

“In response,” the memo continued, “The Postal Service recently circulated an internal policy outlining specific acceptance criteria for CBD and cannabis-based products. In order to provide more clarity for mailers, the Postal Service is now issuing external guidelines, which clarify the circumstances under which hemp and hemp-based products can be mailed in domestic mail.”

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Hemp vs. Cannabis

Although these plants both come from the plant species, there hare some significant difference between hemp and cannabis. Hemp, on the other hand, is classified as having less than 0.3 percent THC (tetrahydocannabinol) content and often used for more industrial purposes. Some hemp plants grow flowers similar to cannabis, but they contain only trace amounts of THC and no other psychoactive compounds. Most hemp plants are CBD-dominant, although an increasingly popular alternative is CBG-dominant buds.

Cannabis flowers, on the other hand, have all the cannabinoids including THC, and is what you will often what you’d find in a medical cannabis dispensaries and recreational stores. Because they have THC, they do produce psychoactive effects and thus, are illegal. The intensity of these effects varies based on how much is consumed, the THC content in the strain that’s being used, and individual tolerance levels.

What You Need to Know About Shipping Hemp and Cannabis

So let’s take a look at some of these guidelines. First and foremost, any business that wants to ship hemp and cannabis products through the USPS must have a license from their respective state’s Department of Agriculture. Second, any product shipped must have less than 0.3 percent THC, and there needs to be correct paperwork included to verify the cannabinoid content.

It’s up to the individual company or business owner to make
sure they’re complying with all the laws and regulations that govern U.S. mail.
If these rules aren’t followed, the USPS can seize your shipment. It’s also a
federal crime to mail illegal products, so criminal prosecution is also a
possibility.

According to Lex Pelger, director of education at cannabis-production
company CV Sciences, this move by USPS is on par with the normalization of the
hemp and cannabis industries. As these plants and the products manufactured
with their compounds become increasingly mainstream, government entities have to
find ways to compromise and adapt.

“I think this is a big deal,” Pelger said in an interview with Cannabis Business Times. “That’s really important, to have these kinds of clarifications, to have the USPS say, ‘This is completely legal.’ It does matter, and you see other agencies following suit in their various departments.”

A Closer Look at the Text

These updates to mailable products cover everything from oil to topicals, and even smokable flowers, granted all these products fall into the guidelines listed above. More specifically, this is what the USPS has to say about shipping hemp and cannabis products:

“Hemp and hemp-based products, including cannabidiol (CBD) with
the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives)
not exceeding a 0.3 percent limit are permitted to be mailed only when:

  • The mailer complies with all applicable federal, state, and local laws (such as the Agricultural Act of 2014 and the Agricultural Improvement Act of 2018) pertaining to hemp production, processing, distribution, and sales; and
  • The mailer retains records establishing compliance with such laws, including laboratory test results, licenses, or compliance reports, for no less than 2 years after the date of mailing.”

Government Agencies Adopting New Policies

Also last year, the Transportation Security Administration (TSA), changed its policies and now allows travelers to fly with certain types of cannabis and hemp-based products. Keep in mind though, you always want to present your item at the security gate to make sure everything is on the level, but now let’s get back to the topic at hand.

“Because they’re such a normalized product and they just simply look like another plant extract, in general, it doesn’t seem like it’s raising red flags,” Pelger mentioned in regards to mailing CBD oil. “Often, I would suspect people don’t even know or care what’s in there. It doesn’t seem like they’re looking for it.”

But some people still aren’t
convinced, and it’s not just companies and those doing the shipping that have worries,
many consumers are fearful of having these types of products shipped to their
homes.

“When I’m out on the road, I hear a lot of elderly folks, especially, being worried about this being shipped to their house, being worried about legality, being worried about their insurance companies,” Pelger said.

“To have a statement like this to let them rest easy … means there are going to be a lot more grandmothers or parents around the country who are finally going to feel safe enough to buy a hemp extract online and have it shipped to their house. And that could be a really important thing for their health.”

Facing Challenges

While this is obviously a good thing, there are still some issues arising for certain companies that will hopefully be addressed in the near future. “What the USPS actually said is kind of confusing and doesn’t quite make sense with how some of the industry works because for some companies, like ours,” says Pelger.

“We don’t have a license from any local department of agriculture because none of our hemp is grown in the United States. We’re using only Dutch hemp, and so we don’t need to deal with the USDA for growing hemp. So, we wouldn’t have a license from them, and it’s something that’s required,” he continued.

Another problem is that some of the states that have harsh regulations against cannabis and hemp products will often seize perfectly legal packages that come through their states. What should be a simple mishap once the lab results are reviewed usually ends up being a months long back-and-forth between the police department and the business owner who is trying to get their products back.

Final Thoughts

Despite the challenges with shipping hemp and cannabis, this USPS memo provides some much needed clarity where there has historically been no valuable information to go on. It’s definitely a step in the right direction, and if cannabis is legalized nationwide in the coming years, it will eliminate many of the issues that arise when shipping legal cannabinoid-based products.

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