So recently, the Governor of Michigan, Gretchen Whitmer, has defied the constitution, and came out against the vapor industry. She did this by introducing a ban on all flavored nicotine products, which would only leave “tobacco” on the shelves, with everything else being prohibited and a ban on imports online.
One of the most strict & unconstitutional rules includes language that states “A person who possesses four or more flavored products, or flavored alternative nicotine products, is rebuttably presumed to possess said items with the intent to sell.” Absolute madness. In terms of what’s a “flavored nicotine products” well no fruits, no candies, no teas, no whiskeys, and even no menthol. Nothing other than tobacco.
This would be the first time in the USA that an entire state introduced a massive flavor ban. It would surely destroy thousands of jobs in its area, and worst of all, further reinforce smokers and their habits. Not too mention, Michigan has some of the worst smoking rates already in the country.
Mind you, the ban isn’t fully enacted just yet. So anything that is written here is based upon the release by Michigan outlining the regulations to come, should they get passed. But what I want to do is put out some information for those vapers who still want to enjoy their favorite Tobacco Harm Reduction products, all within the confines of the law. So let’s do some outlining on the most important rules of the draft…
- Rule 1. (1)(b): “Flavored Vapor Product” means any vapor product that imparts a characterizing flavor.
- Rule 1. (1)(c): “Flavored Alternative Nicotine Product” means any alternative nicotine product that imparts a characterizing flavor.
- Rule 1. (1)(d): “Retailer” means any person or body that operates a business engaging in the sale of vapor products or alternative nicotine products
- Rule 2. (1): A retailer shall not sell, offer for sale, give, transport, or otherwise distribute nor possess with intent to sell, give, or otherwise distribute, a flavored vapor product, or flavored alternative nicotine product.
- Rule 2. (2): A retailer shall not sell, offer for sale, give, transport, or otherwise distribute a flavored vapor product or flavored alternative nicotine product via the use of imagery explicitly or implicitly representing a characterizing flavor.
- Rule 2. (3): A person who posses four or more flavored vapor products, or flavored alternative nicotine products is rebuttably presumed to possess said items with the intent to sell.
- Rule 2. (4): A person shall not transport a flavored vapor product or flavored alternative nicotine product intended for delivery to a retailer in violation of these rules.
- The rest of the rules deal with advertising
So from what I can deduce from what was stated in the proposed ban, it seems as if DIY would be the only way for vapers to enjoy their favorite THR products. How so? Well let’s take a look at what the proposed regs say.
Rule 2. (1): A retailer shall not sell, offer for sale, give, transport, or otherwise distribute nor possess with intent to sell, give, or otherwise distribute, a flavored vapor product, or flavored alternative nicotine product.
Rule 2. (3): A person who posses four or more flavored vapor products, or flavored alternative nicotine products is rebuttably presumed to possess said items with the intent to sell.
These are the two rules that explicitly state what is prohibited in terms of flavored vapor products. This means that the sale or transaction of a flavored vapor product would be prohibited, and vaping flavored vapor products is not. Then we get to Rule 2.3, and as long as someone isn’t holding more than 4 flavored vapor products, there should be no issues (I also do not expect this regulation to hold).
So we know vaping and possessing a flavored vapor product is OK, what about making them? One of the questions I got when this was announced was “Can I still make my own e-liquid?”. From the rules proposed, I don’t see why this would be a problem. Flavorings themselves are not banned, and unflavored nicotine base is also not mentioned at all in these rules. Two of the most important components of an e-liquid.
Because the rules state “A retailer shall not sell, offer for sale, give, transport, or otherwise distribute nor possess with intent to sell, give, or otherwise distribute, a flavored vapor product, or flavored alternative nicotine product.” I don’t see how a nicotine base would apply. As we know from Rule (1)(c) “Flavored vapor propduct” means any vapor product that imparts a characterizing flavor.” which we know unflavored nicotine base does not fall under. The only issue that might arise is if nicotine companies actively deny sale from Michigan customers – but I don’t see that happening since, again, nicotine is not banned.
And on the flavorings side, the same rule applies. Because a flavoring alone is not a flavored vapor product it would seem it does not fall in line with the proposed rules. You cannot take a flavoring, and vape it alone. It must be processed into a vapor product – which its components alone all fall in line with proposed rules.
Now, if you wanted to stay completely in line with all the regulations to avoid any issues – you should be able to mix up to four flavored e-liquid products as long as you purchase each e-liquid ingredient separately.
Again, the biggest worry for Michigan vapers comes from the companies who sell Nicotine Base, VG, PG, and flavorings. If they continue to supply Michigan with the necessary ingredients, I don’t see a problem, and my Michigan brothers and sisters can continue their successful Tobacco Harm Reduction regimen.
I also want to urge all the DIY mixers in Michigan to inform their friends and family of these rules. Ensure them there is a workaround, for now, that can allow them to vape how they like. And also encourage them to fight for their rights against the Governor of Michigan. This is one of the most stringent, and ridiculous, proposed regulations we’ve ever since in the history of vaping. And if it is allowed, will set a terrible precedent for the rest of the country. Tell them to contact their representatives, and raise hell against this blatant corruption.
