Tag: THC

Kansas State Senators File Medical Marijuana Bill

A new push to legalize medical marijuana in Kansas is picking up some steam. The bill, if passed, would also make vaping cannabis illegal.
According to Marijuana Moment, state senators filed a new measure – SB 135 – that seeks to provide legal access to medical cannabis for people with debilitating conditions.
Backed by the Senate Federal and State Affairs Committee, the new legislation would regulate the cultivation, processing, distribution, sale and use of medical cannabis.
“The patients of Kansas have been eagerly anticipating the opportunity for a program and to join the 37 other states that have adopted comprehensive medical cannabis programs,” Kevin Caldwell, a legislative manager at the Marijuana Policy Project told Marijuana Moment’s Kyle Jaeger. “Patients have been forced for too long to have to go to the illicit market for products that have not been tested for contaminants as well as face legal repercussions for possessing medicine that can greatly improve the quality of their lives.”
The licensing process would be overseen by a Division of Alcohol and Cannabis Control, while a Medical Cannabis Advisory Committee would supervise the implementation of the marijuana program.
Taxed at 10 percent, medical marijuana products would have to contain less than 35 percent THC for flower, while tinctures, oils and concentrates could not exceed 60 percent THC.
February 11, 2023
Japan Poised to Allow Medical Marijuana Sales

Credit: Alona
The government in Japan is poised to allow the use of medical marijuana to treat patients with intractable diseases, according to the outline of bills revealed last week.
The government is considering submitting bills including one to revise the Cannabis Control Law during the current Diet (the national legislature of Japan) session, according to Japan News.
The proposed revision would also criminalize the use of marijuana without a prescription.
In countries including the United States and Britain, medicine made from cannabis plants is used to treat patients with intractable epilepsy and other diseases for which existing drugs are ineffective. In Hong Kong, however, THC and non-intoxicating CBD are both banned.
Cannabis plants contain a substance that has an intoxicating effect, which is one of the reasons why the use of marijuana in medicine is prohibited in Japan. The proposed revision would enable such patients to use drugs made from cannabis plants.
On the use of marijuana, there are currently no penalties for using it because farmers who cultivate cannabis with permission from prefectural governors might intake substances from the plant during harvesting.
February 2, 2023
Cannabis Regulators Could Learn From Nicotine

Photo: Darren415
Nicotine’s lessons for cannabis regulation
By Cheryl K. Olson and Willie McKinney
From the industry perspective, regulation of tobacco products by the U.S. Food and Drug Administration went from impatient foot-tapping to a lurching roller-coaster ride. The recently released “operational evaluation” of the FDA’s tobacco program, requested by Commissioner Robert Califf, lays out in sedate but clear terms some causes of industry’s frustrated exhaustion: years of delay in establishing requirements. Sudden major shifts in policy. Cycles of litigation and reprieve.
Based on feedback from FDA employees, and people from industry and public health, the independent Reagan-Udall Foundation for the FDA made recommendations to start repairing the regulatory mess. After “observ[ing] that CTP [Center for Tobacco Products] has been forced to operate primarily in a reactive mode, moving from one challenge to the next,” the first recommendation to the agency is to get proactive. The Reagan-Udall panel encouraged the CTP to make time now to “think strategically about where it is today and where it needs to go in the next several years.”
This advice might apply equally to whatever future the FDA faces with regulation of cannabis products. The FDA has authority over cannabis and its dozens of biologically active chemical compounds, including CBD and THC. Although marijuana falls under the federal Controlled Substances Act, the 2018 Farm Bill removed hemp (a low-THC cannabis plant and its derivatives) from that definition.
Principal Deputy Commissioner Janet Woodcock recently announced in a press release that existing regulatory frameworks for food and supplements are not appropriate for CBD. “The agency is prepared to work with Congress” on a new pathway, she stated.
What might we take from the U.S. tobacco experience to ease headaches for future cannabis regulation? Below are some points to ponder in three areas: regulatory structure, medical versus recreational use, and the effects of misinformation on regulation.
What Should a New Structure Look Like?
First, what regulatory structure makes sense: Should the FDA create an all new one for cannabis products, or should it employ some existing channels? Consider the tobacco parallel.
“Safe and effective” is the FDA’s traditional standard for evaluating drugs and medical products. In the 1990s, then Commissioner David Kessler tried to assert the FDA’s authority to regulate nicotine as a drug—intended by industry to affect the body’s structure or function—and cigarettes as delivery devices. A 2000 Supreme Court ruling found that the “s and e” standard left no room for regulation of tobacco.
In 2009, when Congress chose to place tobacco under FDA jurisdiction, a novel department was created. But this promising, fresh science-based regulatory approach for tobacco faced headwinds. This Center for Tobacco Products was largely staffed by people rotated from elsewhere in the FDA. The “appropriate for the protection of public health” (APPH) tobacco standard was a difficult departure from their accustomed ways and views. The combination of suspicion from past industry misbehavior and the political uproar over youth vaping fostered an “us versus them” mindset. The founding legislation’s focus on cigarettes, the most deadly of tobacco products, affected attitudes toward emerging alternative nicotine products with the potential to greatly reduce disease risks for people who smoke.
Perhaps there is light at the end of the tunnel. The FDA appears to recognize that shoehorning cannabis into existing structures has its own problems. Each type of intended use must find a fit in an existing department, such as human food, veterinary products, cosmetics or drugs. Under the Federal Food, Drug and Cosmetic Act, a drug is any product (including marijuana or hemp) intended to affect the structure or function of the body or intended to diagnose, cure, mitigate, treat or prevent disease.
What factors will influence staff mindset about cannabis in these various departments? How will that affect regulation?
Medical vs. Recreational Pathways
Another issue: How best to regulate cannabis for medical versus recreational use? Like tobacco, cannabis has been used historically for medical purposes, such as treating pain. Both nicotine and cannabis are reportedly used to self-medicate for mental health disorders. Use of marijuana to manage mood disorders is reportedly higher in states with medical marijuana laws. But there currently is no such thing as “medical” marijuana. (This is not unlike the confusion over what constitutes “natural” food.) The FDA drug pathway would create medical cannabis. A standardized product would be evaluated for quality, safety and efficacy for a particular medical indication.
We lack randomized, controlled clinical trial data on whether cannabis effectively treats disorders such as depression. However, such studies could be done by industry and submitted to the FDA’s Center for Drug Evaluation and Research. Several specialty products containing THC or CBD (e.g., for chemotherapy-related nausea or severe forms of epilepsy) have emerged from this path.
But what regulatory pathway might recreational cannabis take? And what complications arise from product format and route of administration: smoked, vaped, applied to skin or eaten? Where would combusted flower fit?
Nicotine is regulated by the FDA as a drug and as a recreational product. Two paths for cannabis also make sense. Although there is overlap (to get technical: Gum bases that contain nicotine are regulated as both pharmaceuticals and recreational tobacco products), combusted tobacco products that contain nicotine are only regulated by the Center for Tobacco Products.
We propose that Congress modify the 2009 Tobacco Control Act to give the CTP authority over combusted and vaped cannabis. Such products are very unlikely to pass the “safe and effective” drug standard, but the APPH standard may be applicable to recreational cannabis. And the CTP has built up expertise in combusted and vaped products.
Keep Moral Panic Out of Regulation
A third issue deserving of thought is how to prevent moral panic and misinformation from derailing the potential benefits of cannabis. One lesson from nicotine is how these can fog the ability of regulators, politicians and the public to see data clearly.
Research shows that youth use of nicotine and cannabis (as well as alcohol and other substances) overlap. A 2022 analysis of Population Assessment of Tobacco and Health study data found that more than half of e-cigarette users aged 15 to 24 had vaped cannabis. At the population level, teen cannabis youth has been fairly stable for the last quarter century. However, there will be concerns that the spread of state laws legalizing cannabis for adults could ease access for youth.
Once it takes hold, misinformation is hard to uproot. Witness stubborn rates of misbelief that the outbreak of vaping-related lung injuries (e-cigarette or vaping product use-associated lung injury, or EVALI) were caused by e-cigarettes instead of THC vapes adulterated with vitamin E acetate.
We see signs of a potential moral panic over cannabis. When the Centers for Disease Control and Prevention noted that marijuana vaping was most often linked to EVALI, the Wall Street Journal editorial board decried the “risky social experiment [of] legalizing and especially destigmatizing cannabis”—a drug that “could be damaging young brains for a lifetime.” News reports tout studies suggesting higher potency cannabis could mean higher risks of addiction and health harms.
Research to clarify the specific nature of cannabis risks to youth is needed. We also need research on the current state of cannabis misinformation, including overly rosy views of risk that could create a backlash when problems are publicized. Using the results of this research for outreach ASAP, before the pot panic gets rolling, could soften the impact.
Scrutinize and Enforce
To avoid repeating mistakes of the past, we also need rigorous oversight. The FDA has been criticized for reluctance to use its powers to remove illegal nicotine vapes from the market. Some companies continue to sell despite warning letters. We need to study what cannabis products drive youth use and proactively target those makers and distributors.
Products likely to attract underage users deserve particular scrutiny. Although no deaths were reported, a study in the journal Pediatrics² documented a worrisome increase in child poisonings from edible cannabis products. To protect both adult access and child well-being, it’s common sense to require that edibles come in clearly marked, child-resistant packaging with no resemblance to candy.
We have tools to unmask the bad actors. Youth will tell us in surveys what products they buy. The FDA’s own National Youth Tobacco Survey identified products not legally on the market, such as Puff Bar and Hyde, as favorite brands (Hyde was identified through write-in responses).
With nicotine, regulatory delays and gray areas (such as regulation of synthetic nicotine) were abused by companies willing to skirt the law for quick profit. We see analogous situations with cannabis. One example is hemp-derived delta-8 THC products, said to produce a milder high similar to that from marijuana-derived delta-9 THC. Sales are rising fast. So are concerns. There are safety risks from impurities created during delta-8 manufacturing. And public confusion over delta-8’s legal status could complicate marijuana legalization efforts.
The Reagan-Udall Foundation review of the CTP highlighted the need for “truthful and accurate information to help adult consumers make informed decisions about the role of nicotine” and product-specific risks. This applies equally to cannabis.
This article first appeared in Vapor Voice‘s sister publication Tobacco Reporter.
Cheryl K. Olson is a California-based public health researcher who specializes in behavioral health issues and consults on tobacco product behaviors via McKinney Regulatory Science Advisors. She spent 15 years on the faculty of Harvard Medical School.

Willie McKinney is the founder of McKinney Regulatory Science Advisors. He’s held senior regulatory roles at major tobacco product companies and served for three years as the industry representative on the FDA’s Tobacco Products Scientific Advisory Committee.

February 1, 2023
New Zealand has First Home-Grown Cannabis Vapes

Helius CEO Carmen Doran
In New Zealand, two new medicinal cannabis products have been verified as meeting the quality standard for legal sale. This follows Helius, a week earlier, being the first New Zealand company to receive GMP certification to produce THC extracts and manufacture medicines containing THC.
“We are very pleased to bring more NZ grown, NZ made medicinal cannabis products to Kiwi patients,” says Carmen Doran, chief executive of Helius Therapeutics. The launch of two new medicines into the New Zealand market makes a total of four new medicines from Helius in 2022. It brings Helius’ portfolio of products to six, according to an email sent to Vapor Voice.
“In mid-December we were able to announce GACP certification, and since then we’ve also obtained GMP certification for four more processes at our East Auckland site. Such progress is testament to the culture of teamwork Helius is building,” she says.
Helius is New Zealand’s only company to have GMP certification for extraction and manufacture of CBD and THC medicines. What’s more, it is now one of two companies (the other being Nubu Pharma) who have six products verified as meeting the minimum quality standard in New Zealand.
The latest products will be exported in 2023 to Helius customers in Europe.
“The THC containing products have had considerable interest internationally, with GMP manufactured products gaining a lot of attention globally as the medical markets continue to grow. We have seen particular interest in balanced, full spectrum medicinal cannabis formulations,” says Doran.
With the launch of these products, New Zealand patients now have access to NZ made products across the spectrum of oral solutions. No longer do they have to rely on imported products which have had supply delays throughout 2022 and can be priced considerably higher.
December 29, 2022
US Poll Shows Marijuana Use Tops Tobacco for First Time

Credit: Martijn Baudoin
A landmark poll in the U.S. has shown that marijuana use is greater than tobacco for the first time. The recently released Gallup poll showed that 16 percent of Americans said they smoked marijuana, compared to 11 percent who had smoked tobacco in the past week.
For comparison, a Gallup poll from the year 1969 showed that at that time, just four percent of Americans admitted they had even tried marijuana – compared to 48 percent today. But polling data from that same year revealed 40 percent of Americans had smoked tobacco cigarettes in the past week – and that number was the lowest recorded by Gallup on that issue between 1944 and 1972.
Marjiuana and tobacco usage trends have been going in opposite directions for a few decades now. By 1985, nearly as many Americans said they had tried marijuana (33 percent) as had smoked a cigarette in the past week (35 percent), according to News9.
Cigarette smoking has been declining ever since. By 2013, just 19 percent of Americans were smoking cigarettes at least once a week. The trend toward more marijuana smokers is driven by young people.
The National Institutes of Health reported last week that more young adults used marijuana in 2021 than in any year prior. Nearly a third (30 percent) of adult respondents under the age of 35 admitted to Gallup this year that they smoke marijuana. That’s significantly higher than those aged 35-54 (16 percent) or 55-plus (seven percent).
And just eight percent of adults under 35 are smoking cigarettes at least once a week. Slightly more adults aged 35-54 (10 percent) or 55-plus (14 percent) said they had.
The higher rates of marijuana smoking come with major political implications. A record high percentage of Americans (over two-thirds, per Gallup) say they favor legalization of recreational marijuana.
August 30, 2022
TSA Agents Find THC Vapes Hidden in Peanut Butter

Credit: TSA
This story has too many puns. Officers from the Transportation Security Administration said a traveler tried to hide marijuana vape cartridges in a jar of peanut butter. The agents at Pittsburgh International Airport in Pennsylvania discovered the cartridges in a traveler’s checked bag after it “triggered an alarm,” a TSA spokesperson wrote in a tweet.
“When a @TSA officer investigated why it alarmed, three vape canisters with marijuana that were wrapped in plastic bags were pulled from the jar,” TSA spokesperson Lisa Farbstein stated in the tweet.
“TSA isn’t searching for drugs, but when they are discovered during routine screening, the police are contacted,” Farbstein added, as reported by Insider. “The traveler told officials that the canisters were for medical purposes, but still thought he should try to conceal them. Not a good decision.”
It remains unclear if any charges were filed against the traveler caught with the marijuana. TSA made light of the situation with dad joke-style warnings to other travelers.
“When our baggage screening officers @PITairport discovered this jarring find, you butter believe this passenger found themselves in a crunch. We’re going to spread this awareness on really thick!” an account for the TSA said on Instagram.
Travelers can bring vape cartridges in their carry-on luggage so long as they are not “filled with THC, like the e-liquids pictured,” the TSA said in the post.
“Well, don’t get roasted by packing them in peanut butter, it’s just best to leave them at home. While our officers aren’t directly searching for those vape highs, if found they’re ganja have to report it to law enforcement,” the agency said on Instagram.
August 8, 2022
Thailand to Ban Sale of Cannabis Vaping Products

Credit: Kitty Fly
Thailand’s National Tobacco Products Control Committee has moved to ban sales of vaping products products containing cannabis extracts, along with traditional cannabis cigarettes and cigars.
The meeting was chaired by Deputy Prime Minister and Public Health Minister Anutin Charnvirakul. Following the decision, a new guideline will be introduced in the form of ministerial regulations, while rules for e-cigarettes fall under the responsibility of the police and the Ministry of Digital Economy and Society, according to Thai News..
Concerning the reported sales and consumption of cannabis by a primary school student in Lampang, the minister said the consumption of cannabis products among people under the age of 20 is strictly prohibited.
Charnvirakul reiterated the health ministry’s stance against recreational cannabis use, saying the draft cannabis and hemp bill proposed in Thailand’s National Assembly does not contain any clauses that explicitly permit recreational use.
Thailand decriminalized the growing, sale, possession, and use of cannabis last month with very few rules or regulations in place to manage the newly legalized drug. Politicians soon announced that they had thought the legalization would be used mainly for medical purposes, and never intended for it to be a legal recreational drug.
July 25, 2022
State AGs Ask Congress to Fight THC That Attracts Youth

Credit: S. Price
By Agustin Rodriguez, Chris Carlson & Christina Sava
This article was first published on the Troutman Pepper blog, Regulatory Oversight
On June 23, the Virginia and Nevada attorneys general sent a letter on behalf of a bipartisan coalition of 23 state attorneys general, expressing concern about edible products containing tetrahydrocannabinol (THC) sold in packaging to look like popular snacks and sweets.
Before Halloween 2021, a number of these same attorneys general warned parents about many of the same “copycat” products, with New York Attorney General Letisha James declaring: “[T]hese unregulated and deceptive cannabis products will only confuse and harm New Yorkers, which is why they have no place in our state.”
Background
A patchwork of regulatory approaches to cannabis and THC has been adopted and enacted across the United States. Further, the advent of Delta-8 THC products, following the legalization of hemp production under the 2018 Farm Bill, has resulted in additional regulatory differences between states. The June 23 letter acknowledges these differences, while also sharing a core concern for youth health: “The undersigned Attorneys General do not all agree on the best regulatory scheme for cannabis and THC generally, but we all agree on one thing: copycat THC edibles pose a grave risk to the health, safety, and welfare of our children.”
The group cites specific examples of youth unknowingly ingesting such edibles and having to seek medical attention, while also noting that “[i]n the first half of 2021, the American Association of Poison Control Centers reported poison control centers received over 2,622 calls for services related to young children ingesting cannabis products.”
What Are These Products?
The letter indicates that the products are sold through e-commerce platforms — websites advertising Cannaburst and Stoner Patch Dummies, which are not hard to find.
It is not entirely clear whether the attorneys general refer specifically to hemp-derived THC products, such as Delta-8, Delta-10, and even Delta-9 THC products sold outside of regulated dispensaries in most states but legally protected under federal law (read about that here), or whether they refer to federally-illegal marijuana products sold in contravention of state law. Nor is it clear from visiting one of the websites selling these products whether they contain hemp-derived or marijuana-derived THC.
The attorneys general admit that one would not find these products in a regulated dispensary, as most states already prohibit packaging that mimics popular snacks or potentially attractive to children. They also noted that these products often contain far more THC than typically allowed to be sold in state-regulated cannabis products.
What Actions Do AGs Want the Federal Government To Take?
The appropriate solution to this issue remains to be seen. The coalition wrote the letter to U.S. House and Senate leadership because it believes that Congress can remedy the situation by “immediately enact[ing] legislation authorizing trademark holders of well-known and trusted consumer packaged goods to hold accountable those malicious actors who are using those marks to market illicit copycat THC edibles to children,” or at least “think creatively for potential solutions to this growing public safety issue.” The trademark legislation fix likely refers to a gap in existing law identified by the Consumer Brands Association (CBA) as aiding the proliferation of such copycat products. According to a letter sent by CBA to Congress earlier this year, the SHOP SAFE Act, which aims to combat the sale of unsafe counterfeit products by incentivizing e-commerce platforms to engage in best practices for screening and vetting sellers and products, should be amended to hold the e-commerce platform contributorily liable in a civil action against an infringer that uses a famous, and not just counterfeit, mark. The definition of “counterfeit,” they argue, is not broad enough to capture these activities.
It’s important to note that if the products are indeed made with hemp-derived THC, then they are technically legal under federal law, hence the focus on trademark violations as an enforcement pathway.
What Options Do States Have?
The state AGs’ approach aligns with recent AG letters, stressing the importance of establishing a “cooperative federal-state partnership” that strikes the right balance to avoid “both under and overregulation.”
In the tobacco context, some states have passed and enforced online sales bans of electronic nicotine delivery systems (ENDS). They could similarly pass bans of online sales of such copycat products or products that violate their hemp-product standards where they exist. In addition, the state AGs could undertake enforcement actions on the grounds that these sales constitute unfair and deceptive sales practices. It remains to be seen, however, whether the actors behind these websites can be successfully identified and held accountable.
All attorneys with Troutman Pepper, Agustin Rodriguez is a seasoned business counselor to regulated consumer products companies, Chris Carlson represents clients in regulatory, civil and criminal investigations and litigation, and Christina Sava brings years of experience representing clients in highly-regulated industries, such as tobacco and cannabis.
July 1, 2022
FDA Issues First Warnings for Illegal CBD, Delta-8 Products
The U.S. Food and Drug Administration today issued warning letters to five companies for selling products labeled as containing delta-8 tetrahydrocannabinol (THC). The regulatory agency claims that the companies violated the Federal Food, Drug, and Cosmetic (FD&C) Act. It’s the first time the FDA has issued warning letters for products containing delta-8 THC.
“Delta-8 THC has psychoactive and intoxicating effects and may be dangerous to consumers. The FDA has received reports of adverse events experienced by patients who have consumed these products,” the agency stated in a release. “There are no FDA-approved drugs containing delta-8 THC. Any delta-8 THC product claiming to diagnose, cure, mitigate, treat, or prevent diseases is considered an unapproved new drug.”
The states that it has not evaluated whether “these unapproved drug products” are effective for the uses manufacturers claim, what an appropriate dose might be, how they could interact with FDA-approved drugs or other products, or whether they have dangerous side effects or other safety concerns, according to the statement.
“Delta-8 THC is one of over 100 cannabinoids produced in the Cannabis sativa L. plant but is not found naturally in significant amounts. Concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD) and have psychoactive and intoxicating effects,” the release states. “Products containing delta-8-THC are available in varying forms, including but not limited to candy, cookies, breakfast cereal, chocolate, gummies, vape cartridges (carts), dabs, shatter, smokable hemp sprayed with delta-8-THC extract, distillate, tinctures, and infused beverages.”
The warning letters address the illegal marketing of unapproved delta-8 THC products by companies as unapproved treatments for various medical conditions or for other therapeutic uses. The letters also cite violations related to drug misbranding (e.g., the products lack adequate directions for use) and the addition of delta-8 THC in foods, such as gummies, chocolate, caramels, chewing gum and peanut brittle.
“The FDA is very concerned about the growing popularity of delta-8 THC products being sold online and in stores nationwide. These products often include claims that they treat or alleviate the side effects related to a wide variety of diseases or medical disorders, such as cancer, multiple sclerosis, chronic pain, nausea and anxiety,” said FDA Principal Deputy Commissioner Janet Woodcock. “It is extremely troubling that some of the food products are packaged and labeled in ways that may appeal to children. We will continue to safeguard Americans’ health and safety by monitoring the marketplace and taking action when companies illegally sell products that pose a risk to public health.”
The FDA recently published a consumer update expressing concerns about the potential health effects of delta-8 THC products. The FDA has received adverse event reports involving products containing delta-8 THC from consumers, healthcare practitioners and law enforcement, some of which resulted in the need for hospitalization or emergency room treatment, according to the agency.
The FDA states that it is also aware of an increasing number of exposure cases involving products containing delta-8 THC received by national poison control centers and alerts issued by state poison control centers describing safety concerns and adverse events with products containing delta-8 THC.
In addition to the violations related to FDA-regulated products containing delta-8 THC, several of the warning letters outline additional violations of the FD&C Act, including marketing CBD products claiming to treat medical conditions in humans and animals, promoting CBD products as dietary supplements, and adding CBD to human and animal foods.
“CBD and delta-8 THC are unapproved food additives for use in any human or animal food product, as the FDA is not aware of any basis to conclude that the substances are generally recognized as safe (GRAS) or otherwise exempt from food additive requirements,” the release states. “One of the letters expresses concerns regarding CBD products marketed for food-producing animals, and the potential safety concerns related to human food products (e.g., meat, milk, eggs) from animals that consume CBD, as there is a lack of data on safe CBD residue levels.”
The FDA issued warning letters to:

ATLRx Inc.

BioMD Plus LLC

Delta 8 Hemp

Kingdom Harvest LLC

M Six Labs Inc.
The FDA has previously sent warning letters to other companies illegally selling unapproved CBD products that claimed to diagnose, cure, mitigate, treat or prevent various diseases, in violation of the FD&C Act. In some cases, there were further violations because CBD was added to food products. The FDA has not approved any CBD products other than one prescription human drug product to treat rare, severe forms of epilepsy, according to the agency.
The FDA has requested written responses from the companies within 15 working days stating how they will address these violations and prevent their recurrence. Failure to promptly address the violations may result in legal action, including product seizure and/or injunction.
May 4, 2022
Illinois Bill Would Ban Flavored Vapes, Including THC
The flavor ban bill introduced in Illinois would also ban flavored THC vaping devices. Senate Bill 3854, introduced in January, is currently in committee. Any flavored flavored vaping product, including heat-not-burn systems and tobacco chew, would be banned.
Credit: Kurgu 128
The bill provides “that (1) “tobacco product” includes products containing tetrahydrocannabinol and products containing a mixture of tetrahydrocannabinol and nicotine, and (2) “tobacco retailer” includes dispensing organizations and dispensing organization agents, as those terms are defined in the Cannabis Regulation and Tax Act. Creates a presumption that a tobacco product, related tobacco product, alternative nicotine product, or solution or substance intended for use with electronic cigarettes is a banned product, solution, or substance intended for use with electronic cigarettes if it has or produces a characterizing flavor.”
A consumer advocacy group says the measure could do more harm than good. Elizabeth Hicks, U.S. Affairs analyst with the Consumer Choice Center, said enacting a flavor ban for vaping products will push adult consumers to switch back to smoking combustible tobacco at a time when smoking cigarettes has been trending down in Illinois, according to KPVI.
“About 12% of adults in 2020 reported smoking, however, if this bill passes, we can certainly expect that number to increase,” Hicks said. “This ultimately will lead to increases in smoking-related healthcare costs, which are already costing Illinois taxpayers over $1.9 billion annually,” Hicks said.
The state of Illinois passed two laws last year aimed at making it harder for minors to access vaping products. The first law (Senate Bill 512) prohibits the use of cartoon characters, video game characters, and popular children’s media from advertisements for e-cigarettes. It also makes it harder to buy vaping products online. Buyers will now have to use a credit card or check in the buyer’s name.
The second law (Senate Bill 555) amends the Substance Use Disorder Act to include vape shops. Adding vape shops allows the Illinois Department of Human Services to do compliance checks on the sale of e-cigarettes according to the minimum purchasing age of 21.
March 8, 2022