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Regulating cannabis vaping like cigarettes is bad for business and worse for US patients.

In the absence of a federal standard that excludes non-nicotine devices from ENDS, a complex patchwork of state tobacco regulations and taxes has been draped over legal cannabis.

Some states, including California, New Mexico, and Oregon, have defined ENDS devices to exclude non-nicotine devices and thus exempted cannabis vaping firms from local tobacco laws. But others, like Maine, have subjected crushing taxes as high as 43% to cannabis vaping products.

The nonmailability of legal cannabis vaping products will push the public into the black market. In the end, it's US consumers and patients who are harmed by federal and state goverments that regulate legal cannabis vaping the same as harmful tobacco products.

Cannabis vaping is a therapeutic. So why does our government regulate it the same as cigarettes?

In 2010, the US Congress passed the Prevent All Cigarette Trafficking (PACT) Act, creating new interstate commercial regulations for nicotine products. The new framework effectively banned the mailing of cigarettes through the US Postal Service unless expressly granted an exception and added new registration, recordkeeping, and reporting requirements for tobacco companies.

Ten years later, Congress modified its statutory definition of cigarettes to include Electronic Nicotine Delivery Systems (ENDS). The legislation defined ENDS as any "electronic device that ... delivers nicotine, flavor, or any other substance to the user inhaling from the device." It also considers any component, liquid, part, or accessory an ENDS-qualifying device even if sold separately from the actual vaporizer device.

Following Congress' 2020 revision to the
PACT Act, federal agencies including the US Postal Service have construed the law to include non-nicotine hemp oil and cannabis vapor products.

This sweeping reading is both medically ignorant—US physicians overwhelmingly support medical cannabis, whereas cigarette smoking and other tobacco products are responsible for 480,000 deaths annually—and economically burdensome.

Healthcare worker giving bad news with hand on shoulder of male patient. Doctor consoling sad senior man in waiting room. They are sitting at hospital.
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VapeSAFER is the only Unified Cannabis Vaping Industry Voice. We are engaging with Lawmakers and Policymakers to set the Standard for Safe, Compliant Vaping

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