Vape Products Shipped by USPS, FedEx, UPS, and Other Popular Couriers
The hemp-based products industry has expanded rapidly since the legalization of hemp following the passage of The Farm Bill in 2018. Since that time, CBD, Delta 8 THC, and other hemp products in all shapes and forms have been introduced with much fanfare to online and retail shelves. The CBD industry alone quickly reached $2.8 billion in US dollars in 2020 and, according to one study, is expected to continue to grow by a compound annual growth rate of 21.2% through 2028.
Unfortunately, as with many rapidly growing industries, the CBD and Delta 8 THC business has not been without its share of challenges. The most recent challenge has come in the form of “The Consolidated Appropriations Act, 2021.”
What Is Included in “The Consolidated Appropriations Act, 2021”?
As a COVID-19 relief bill, The Consolidated Appropriations Act, 2021, was signed into law in December 2020. Most of the bill addresses additional payments to individuals, unemployment benefit extensions, and other actions to provide relief to the many Americans suffering the economic impact of the COVID-19 pandemic. However, hidden within this bill is additional language that focuses on e-cigarettes, vape pens, and other nicotine delivery devices.
The new language in The Consolidated Appropriations Act, 2021 (CAA) that pertains to the vaping industry makes amendments to The Jenkins Act of 1949. This Act requires a distributor to report any sale of cigarettes to an unlicensed buyer to the buyer’s state tax administrator. This requirement goes into effect if the distributor sells cigarettes across a state line.
The new language in CAA also includes amendments to the Prevent All Cigarette Trafficking (PACT) Act of 2009. The PACT Act was an amendment to The Jenkins Act. It placed several restrictions and reporting requirements on the sale of tobacco products and prohibited using the United States Postal Service (USPS) from delivering smokeless tobacco and cigarettes directly to customers.
The CAA’s new amendments to The Jenkins Act and PACT Act are collectively known as the “Preventing Online Sales of E-Cigarettes to Children Act.” This ACT amends both the Jenkins and PACT Acts to include Electronic Nicotine Delivery Systems (ENDS). The definition given for an ENDS product includes not only e-cigarettes, vape pens, and any such nicotine delivery device, it also applies to any component, liquid, or accessory for those devices.
How the Major Courier Services Have Reacted
Because the USPS is the federal postal service, it is the only mail carrier specified in the language of the Preventing Online Sales of E-Cigarettes to Children Act. The Act directs the USPS to have a final rule in place by April 27, 2021, on the specifics of carrying out the directives of the Act. As of the time of writing, USPS has requested more time to implement this final rule, but they could do so at any time.
Even though other major courier services are not specified in the language of the new Act, the overwhelming reporting requirements and delivery demands made by the Act have encouraged these carriers to simply discontinue shipping any e-cigarette or vaping product, component, or accessory. In response, FedEx began its prohibition on shipping vape products as of March 1, 2019, and UPS soon followed the ban on April 5, 2021. DHL had already established a ban on vaping products before these new amendments.
What This Means
Preventing Online Sales of E-Cigarettes to Children Act is well-intentioned in its emphasis on keeping nicotine out of the hands of minors, and we applaud this effort. However, the Act’s language is so broad that it encapsulates any vaping device, cartridge, oil, or accessory – whether that device is sold to distribute nicotine or not. For example, CBD and Delta 8 THC cartridges contain no nicotine whatsoever. However, because they are used as part of a vaping pen, they are considered part of an ENDS device and are included in these new restrictions.
To be clear, the language of this Act does not make the shipping of vape products illegal, per se. However, the number of restrictions outlined and the demands on the courier at the point of delivery make it entirely too cumbersome for most vape providers to adhere to. Therefore, in essence, you can no longer have vape pens, oils, or accessories of the like shipped directly to you.
The good news is that the shipping of vaping products from distributors to retailers is still allowed. This means that you can still go to your favorite vape shop to get all of the vaping pens, cartridges, and accessories that you need.
You Can Count on PharmaCBD
In the CBD and Delta 8 THC industry, this new ban on the shipping of vaping products has really hurt “the little guy,” and many online retailers may not survive. Fortunately, we’re not the little guy.
We at PharmaCBD have built a network of hundreds of brick-and-mortar retail stores that carry our brand throughout the United States. Check to see if your local shop carries PharmaCBD products. If not, ask the manager to contact us so that they can begin to carry our premium quality line as well.
But if you still prefer to have your CBD inhalants delivered to your door, you can find no wider selection of CBD and Delta 8 THC flower, rocks, and dabs than with PharmaCBD! These products are not included in the vaping mail ban, so they continue to be available for you to enjoy.
Take our Sweet Diesel Prepackaged CBD Flower or our D8 Cookie Dough Premium Flower, for example. Smooth and aromatic, these premium quality smokes deliver immediate benefits in delicious flavors. We also carry Hemp-Derived Delta 8 Dabs if dabbing is your vehicle of choice.We invite you to shop our wide selection of inhalants and other CBD and Delta 8 THC products today!