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    The STATES Act: a future for vaping or not?

    September 27, 2023 2 min read

    The STATES Act: a future for vaping or not?

    The latest piece of legislation to be introduced to Congress in support of the legalization or decriminalization of cannabis or marijuana in the U.S. is theStrengthening the Tenth Amendment Through Entrusting States Act (the STATES Act).

     

    So what is the STATES Act? In a nutshell it:

    • empowers individual states to govern their approach to cannabis
    • makes amendments to the Controlled Substances Act to protect any person acting in compliance with laws set by any state or recognized tribe or territory from federal interference or repercussions
    • redefines the definition of marijuana to exclude industrial hemp
    • maintains the prohibition of the endangerment of human life during the manufacturing of marijuana, cannabis or any controlled substance
    • maintains the prohibition of the employment of any person under 18 in drug operations
    • prohibits the distribution of marijuana at transportation safe facilities like truck stops and rest areas
    • prohibits the distribution or sale of marijuana to persons under 21 other than for medical purposes
    • states that compliant transactions cannot be deemed as trafficking
    • does not dictate the discretionary actions of an employer against an employee who uses marijuana

     

    Forty-six states have already formulated laws allowing for the recreational or medicinal use of marijuana, as well as the use of it as a by-product for manufacturing. But the impact of this has not truly been felt because of the heavy shadow cast by the federal government which boasts that 600,000 persons are arrested each year on marijuana related charges. The STATES Act may bring an end to the ongoing battle between the federal government and state authorities.

     

    So what influence would this legislation have on the vaping industry? E-liquid manufacturers, like Fairwinds, may experience a boost in revenue as the sale of marijuana-infused liquids sky-rocket in response to demand. The health industry may also experience significant changes as medicinal marijuana is often prescribed to treat cancer and epilepsy. For example, in New York, vaporizing marijuana is often recommended.

     

    On the other hand, the STATES Act may have no effect on vaping as many states continue to wage war against vaping, as in the case of San Francisco, Louisiana, and other states.

     

    The effects of this latest legislation are left to be seen.


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