USPS Final Rule Prohibits Mailing Marijuana and Hemp Vapor Products


After months of delay, the United States Postal Service (USPS) has issued its final rule (USPS Final Rule) pursuant to the Prevent All Cigarette Trafficking (PACT) Act. (An unpublished version of the USPS Final Rule is available here). The PACT Act generally prohibits the mailing of cigarettes but due to recent amendments, the definition of “cigarettes” for mailability purposes now includes vapor devices containing cannabis derivates. While there was some initial hope that the USPS would carve out from its ban all hemp products, including hemp-derived CBD vapor products, the USPS Final Rule does not do so. Instead, the USPS Final Rule states that the PACT Act directly applies to all cannabis vapor products. Unless a shipper of cannabis vapor products falls under one of the PACT Act exceptions (discussed below), mailing these products remains illegal. Background In December 2021, Congress passed the Preventing Online Sales of E-Cigarettes to Children Act (POSECCA) amending the definition of “cigarettes” in the PACT Act to include “Electronic Nicotine Delivery Systems” or “ENDS.” In light of POSECCA, ENDS are defined to include “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device,” including “an e-cigarette; an e-hookah; an e-cigar; a vape pen; an advanced refillable personal vaporizer; an electronic pipe; and any component, liquid, part, or accessory  of a device described [above], without regard to whether the component, liquid, part, or accessory is sold separately from the device.” Because the definition of “cigarettes” now includes “ENDS” that are used with  any substance, which includes ENDS intended for use with hemp or marijuana, the PACT Act now applies to cannabis vapor products. The PACT Act imposes reporting, registration, labeling, and other requirements on anyone selling or shipping cigarettes, defined to include ENDS used with any substance. These products are now…

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Source : USPS Final Rule Prohibits Mailing Marijuana and Hemp Vapor Products

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