USPS Bans Nicotine and Cannabis Vape Devices from Being Shipped Through Mail

The USPS has released its final ruling on vape product shipping on October 20th, 2021. The ruling states that mailing to consumers is prohibited for “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; and any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device”.

Industry members already saw this coming since the vape mail ban was signed by the president last year. However, the news comes as a shock because USPS had not come forward with an official statement since April when they delayed their final ruling (we do not want customers to fear that they might not get their pending orders with us.)

The main goal of the POSECCA bill was to prevent vaping devices from reaching the hands of minors and to decrease lung damage caused by vapes. But the language used in the bill that refers to vape liquids as ‘substances’ also allows for other non-nicotine products like cannabis to be covered.

However:

Shipping ‘industrial hemp’, meaning hemp with less than 0.3% of THC content per unit of dry weight is still legal as long as it is not included in a vaping product.

Other exclusions to the rule include:

• Intrastate shipments within Alaska or Hawaii
• Shipments between verified and authorized tobacco-industry businesses for business purposes, or between such businesses and federal or state agencies for regulatory purposes
• Lightweight, non-commercial shipments by adult individuals, limited to 10 shipments per 30-day period
• Limited shipments of cigarettes sent by verified and authorized manufacturers to adult smokers for consumer testing purposes
• Limited shipments of cigarettes by federal agencies for public health purposes under similar rules applied to manufacturers conducting consumer testing

The ruling covers nicotine and cannabis vape devices but does not cover cannabis dry-herb vaporizers that do not vaporize liquids. However, dry-herb vaporizers used for cannabis have not been allowed to be shipped through the USPS before the ruling even came out due to the illegal label that cannabis still carries in several states.

Products used to vape legal substances, whether recreationally or for medical use are not exempt from the rule. Which will likely force the bulk of retailers to use private shipping services going forward.