USPS Delays Ban on Mailing Vape Products

April 28, 2021

The U.S. Postal Service (USPS) is delaying a ban on sending vape products in the mail, stating they need more time to decide how to implement the changes ordered by Congress.

The ban was supposed to take effect Monday, April 26th and apply to all vape companies, even those shipping legal hemp-derived products, not just nicotine vapes.

In December of 2020 Congress passed the “Preventing Online Sales of E-Cigarettes to Children Act” (PACT Act), which prohibits the USPS from shipping vaping products.  While the law is silent as to whether it applies hemp or marijuana products, by its all encompassing wording it does apply to hemp and marijuana.

The USPS has started the process of drafting its rules, see the federal register

The new law applies to business-to-consumer sales, (B2C) not B2B sales.  The law requires registration with the US Attorney General for B2C sales, however, that can only happen if businesses are registered in every state they sell to, and some states do not have a registration process.

This pause in implementing the rules gives businesses a chance to lobby the USPS and their US Senators and Representatives.  The USPS is hoping to publish the final rule soon.

Many businesses have stated on the record that this ban will severely harm their business.  Alternatives to the USPS are almost non-existent.  FedEx and UPS already have said they will follow the USPS’s directive and won’t ship vaping products.  DHL hasn’t issued any statements on the shipping ban yet.

If either the USPS or DHL allow shipping of hemp and/or marijuana products, not only will federal registration be required but an age-verification system must be implemented.

, , , , , , , , ,