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Congressional Ban On Mailing E-Cigarettes Appears To Cover Marijuana Vapes

The House and Senate passed a large-scale spending bill on Monday that includes a provision to restrict how electronic cigarettes can be sold online and shipped—and it could have an impact on the marijuana industry, too.

The text of the proposal uses an expansive definition of what qualifies as an “electronic nicotine delivery system” that seems to include products that don’t even contain nicotine.

The term “means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device,” the legislation states (with italicized emphasis added).

It’s that last component that could be more broadly interpreted to prevent cannabis vaporizers from being purchased online and mailed by the U.S. Postal Service (USPS). Marijuana and its components such as THC and CBD presumably constitute “other substances,” even if they are not explicitly mentioned in the legislation.

“I agree that this could have a significant effect on cannabis vaping products, even if the intent is clearly to curb nicotine products,” Aaron Smith, chief executive officer for the National Cannabis Industry Association, told Marijuana Moment.