Shortly after my last post on the new WA state e-cig/vape law I emailed the Washington State Liquor and Cannabis Board (WSLCB) regarding some of the questions raised. The reply I received didn’t exactly clarify ambiguities but to their credit it indicated they were aware of the issues and they did respond in a timely fashion. Below are statements that might be of interest to those in the vaping community (nicotine or non-nicotine, whether or not in WA state since other states may follow suit). They were sent from Letty Mendez, program manager for the WSLCB Enforcement and Education Division:
The new law does impact devices with non-nicotine product as reflected in the definition under Section 4 (19), which states “that may contain nicotine…”.
With that said, we are exploring options to further understand the legislative intent, which in our early thinking is that the language was aimed at devices used to inhale nicotine product.
Additionally, we have initiated rule-making on this legislation with an anticipated completion date of September 2016.
Currently, a high priority is to create a FAQ sheet, which we will make available on our website.
The bill contains several effective dates.
Section 5 through 10 and Section 28 take effect 30-days after LCB sets forth the new application for the new licenses. We are currently working on this aspect and anticipate it will be late Summer.
All other sections will be effective 90-days after the adjournment of the 2016 session, or approximately July 1st.
Under the vapor product statutes, these sections include items such as prohibition of open displays, new signage requirement, new label requirements, ban on internet sales to minors,
ban on tastings and samples, new coupon restrictions, vaping in public places restrictions, and increased penalties – such as a violation of not obtaining a valid license is punishable as a Class C felony.
So there you have it. This new bill passed under the auspices of protecting children from nicotine e-cigs, but as language within the bill stands, it’s possible it was a stealth maneuver to curb sales of cannabis vape devices as well. We’ll provide further updates as we continue to learn more.