You may have tried to order a new vape battery or stock up on some of your favorite cartridges from your go-to vape store recently, only to be surprised by a pop-up or banner telling you that you can’t. This is a result of the new shipping restrictions affecting the majority of online vape businesses—or the “vape mail ban.”
So what does this mean for the average consumer? Will you still be able to purchase vape products online and have them delivered to your door?
Before we answer this, let’s discuss what the PACT Act entails.
What is the PACT Act?
The Prevent All Cigarette Trafficking (PACT) Act is a law that was passed by the US Congress in 2009 and was enacted on June 29th the following year. Since then, it has prevented illegal tobacco sales and made sure that all legal sales included all applicable taxes. Moreover, it kept cigarettes and smokeless tobacco products from being shipped by post and required supplying companies to register with both the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the tobacco tax administrators of the state.
Although the PACT Act was difficult news for individuals and businesses who were selling over the Internet, it aimed to discourage sales to kids and reduce youth access. Companies have learned to adapt since then and experienced a new rise in sales when e-cigarettes, vaping, and other inhaled vaporizers came about.
But not for long.
As of writing, the federal government has already carried out new legislation that addresses not only COVID relief but also new restrictions regarding the sale and delivery of advanced personal vapor products across the country.
Amendment to the PACT Act
Signed into law on December 27, 2020, the “Consolidated Appropriations Act of 2021” effectively amended the PACT law to now include electronic nicotine delivery systems (ENDS), which is defined by law as “any electronic device that delivers nicotine, flavor, or any other substance to the user inhaling from the device.”
ENDS include the following:
- An eCigarette, eHookah, eCigar, vape pen, advanced refillable personal vaporizer, electronic pipe; and
- Any component, liquid, part, or accessory of an ENDS device, without regard to whether the component, liquid, part, or accessory is sold separately from the device
The PACT Act now includes two provisions concerning ENDS. The first amends the existing Jenkins Act, which has been regulating the sale of cigarettes across state lines, while the second imposes stringent rules on the delivery and shipment of these products.
There are no exemptions for hemp or CBD vapes. However, the National Association of Tobacco Outlets (NATO) bulletin says this excludes alternative nicotine products that are not found in liquid form or used with an electronic vaporizer
Since March 27, 2021, the single sales and delivery of cigarettes, tobacco items, and ENDS has been limited to 10 pounds or less. Sellers are also required to obtain valid government-issued verification that the buyer is at least 21 years old upon purchase and delivery.
It’s also important to note that each state has its own set of rules, so retailers who don’t comply and/or fail to follow their individual tax and licensure requirements for tax payments and documentation may be given violations and even criminal penalties.
Can You Still Buy Vape Products Online?
Many private delivery companies have ceased delivering vaping products not only to homes, but also to stores and businesses. These are the effective dates for major carriers in the US:
- DHL – already prohibited shipping vaping and nicotine products in the country even before the law passed.
- FedEx – March 1
- UPS – April 5
- USPS – April 26
That said, some stores and suppliers selling the most sought-after types of electronic smoking devices have halted their online purchasing operations, but still have online chat support and contact details displayed on their websites.
So the question remains: Can you still get vape products delivered to your door? Possibly. Depending on the store, here are a couple of ways that you can still obtain your vape items when you can no longer buy them online:
- Visit your nearest smoke shop, vape store, or marijuana dispensary
- Utilize cannabis delivery platforms or apps and order your items for delivery or pick-up
- Find online sellers that ship deliveries via small regional carriers
When purchasing with shops that use small regional carriers, expect possible price increases due to excise taxes (depending on the state) as well as costlier and delayed shipments given the logistical limitations.
Buy From An Authorized Online Distributor
Hamilton Devices is the largest approved and authorized dealer of CCELL® products in the United States. Its best-sellers include kits, batteries, CCELL® cartridges and pods, disposables, accessories, as well as proprietary devices like The Shiv, PB1, Daypipe, Cube™, Tombstone™, and Ilumi™.
Online purchasing at Hamilton Devices is temporarily disabled, but you can still order wholesale from the website (in bulk) by sending an email to firstname.lastname@example.org. If you’re only interested in making single purchases, make sure to buy from authorized resellers who follow strict standards when it comes to customer service.