The US Postal Service (USPS) changed its hazardous, restricted, and perishable mail policy on October 20 to ban the shipping of steamed products.
The USPS developed its definitive rule on vape shipability to comply with the Children’s E-Cigarette Online Selling Act (POSECCA), signed by former President Donald Trump last year, on sales and delivery electronic deliveries regulates systems (ENDS)
According to the legal text, POSECCA is strictly:
- subject the sale and delivery of these systems to specific requirements, including tax, licensing and labeling requirements;
- Prohibits the sale and supply of these systems to people who have not reached the legal age to purchase tobacco products;
- Requests the USPS to put in place regulations banning these systems from being shipped; and
- Requires the National Institutes of Health to conduct a study of the health effects of e-cigarette use in adolescents and young adults.
Although the final rule specifically forbids ENDS – the legislation appears to be specific to nicotine products – Congress uses the term to describe all vaping products, which puts cannabis, CBD, and hemp products into the category that the legislature perceives the final Rule has forbidden.
The public is pushing back
Under the final rule, the USPS received over 15,700 public comments on the proposed rules. Some feedback included commentators asking the agency to provide an alternative method of regulating these products or to make certain exemptions, as well as an extension of the effective date.
Commentators also argued that including cannabis in the final rule “would conflict with state and local laws that decriminalize or legalize cannabis for medicinal or recreational use.”
Others indicated that doing so would conflict with other laws prohibiting the Justice Department from using funds to “prevent certain states and territories from implementing their own laws relating to use, distribution, possession, or Allow the cultivation of medical marijuana “.
Eventually, commentators said the final rule would conflict with shipping other hemp and hemp products tested below the legal limit of 0.3% THC; However, the USPS said it could not bypass POSECCA as it specifically asked the agency to ban shipping of vape products and said the ban would not clash with other laws as it was under the federal government.
The agency clarified that the final rule will not affect shipping of hemp and hemp derivatives containing no more than 0.3% THC on a dry weight basis, as long as they are not “incorporated into or act as a component of” an ENDS product . “
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The final rule “also exempts business-to-business mail from the ban on mail, along with shipping to consumers within the borders of Alaska and Hawaii and restricted non-commercial mail between individuals,” Vape 360 reported.
The rule allows cigarettes to be shipped for “consumer testing” by health researchers and federal agencies.
The USPS ban on vapes is effective immediately. To learn more about the final rule, click here.