As part of the “Consolidated Appropriations Act, 2021” in the most recent COVID-19 relief bill signed into law on December 27, 2020, Congress amended the Prevent All Cigarette Trafficking (“PACT”) Act to apply to e-cigarettes and all vaping products.
The PACT Act, which dates back to 2009, among other things, prohibited the use of the U.S. Postal Service (“USPS”) to deliver cigarettes and smokeless tobacco products directly to consumers. The 2020 PACT Act amendment modifies the original definition of “cigarette” in the PACT Act to include Electronic Nicotine Delivery Systems (ENDS). The term “ENDS” is defined very broadly to essentially include all vaping products, liquids, components, and accessories, whether they contain nicotine or not. This means it applies to CBD and Delta-8 product as well.
The PACT Act and the Jenkins Act also require sellers to file a monthly report with the state tobacco tax administrator and any other local or tribal entity that taxes the sale of cigarettes (which now extends to vaping products). Such reports must include the name and address of the persons delivering and receiving the shipment and the brand and quantity of the “cigarettes” that were shipped. Verification of age including signature and other verification is also required.
In addition to the USPS by law not allowing shipment of all vape-related products, UPS and FedEx have also prohibited shipment as well.
So unfortunately, there is no one to ship the products and the reporting and registration complications are so onerous as to make them not viable for consumer sales. Business-to-business sales are excluded from these provisions, so the products will still be available at your local stores. We encourage our customers to switch to other products if they wish to order online, such as tinctures, flower and gummies!