The U.S. Postal Service (USPS) on Thursday restricted the mailing of electronic nicotine delivery systems (ENDS), or e-cigarettes to consumers, per the Preventing Online Sales of E-Cigarettes to Children Act (POSECCA), including products containing THC as well as hemp or CBD products in electronic delivery systems.
Specifically, POSECCA:
- subjects the sale and delivery of these systems to certain requirements, including tax, licensing, and labeling requirements;
- prohibits the sale and delivery of these systems to anyone under the legal age to purchase tobacco products;
- requires the U.S. Postal Service to implement regulations to prohibit the mailing of these systems; and
- requires the National Institutes of Health to conduct a study on the health impacts of e-cigarette use by youths and young adults.
The Postal Service may not deliver to a residence “(1) any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; and (2) any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device.”
Therefore, vaping devices used with cannabis oil or concentrates, and their components and parts, are banned from the mail, along with nicotine vaping products, including e-liquid. The rule also makes no distinction between products made for use with tobacco-derived or synthetic nicotine; both are prohibited.
In its response to comments, the Postal Service says it doesn’t have the power to veer from Congress’ words, which don’t distinguish between the products “ENDS” are intended to vaporize. However, hemp and CBD products that are not in the form of electronic delivery systems, such as vape pens, may be mailed if they contain less than 0.3% of THC.
American Vaping Association (AVA) President Gregory Conley weighed in on the ruling:
I offered my thoughts to @MarijuanaMoment on the USPS PACT Act rule, which goes into effect tomorrow.
Why did the USPS not exempt CBD? Or non-nicotine? Or devices? Or create immediate clearances for B2B?
Short answer: Because the law is the law. https://t.co/EjMGfuOLYP
— Gregory Conley (@GregTHR) October 20, 2021
POSECCA requires online e-cigarette retailers to verify the age of customers for all purchases, required an adult with ID to be present for delivery and required label shipping packages to show they contain tobacco products and comply with all state and local tobacco tax requirements.
The new rule also exempts business-to-business (B2B) shipments from the mail ban, along with shipping to consumers within the borders of Alaska and Hawaii, and limited non-commercial shipping between private individuals. Existing exceptions that allow cigarettes to be shipped for purposes of “consumer testing,” and testing by federal agencies and “public health researchers” were not extended to vaping products, because USPS does not believe Congress intended it.
Congress wrote a bad law and a confusing rollout resulted.
Sales were permitted to continue with the USPS under the same rules that now govern private carrier shipping, BUT only until the USPS issued its Congressionally mandated rule banning B2C shipments through USPS. https://t.co/ZeBquc7NNv
— Gregory Conley (@GregTHR) October 20, 2021
The bill does not apply to products approved by the Food and Drug Administration for tobacco cessation or any other therapeutic purposes.
Adults can make non-commercial shipments, but are limited to 10 shipments in a 30-day period.
