Pending Ban on Flavored E-Cigarettes in Massachusetts Authorizes Forfeiture of Vapers’ Cars – Reason.com:
Novewmber 14, 2019 - "The Massachusetts House of Representatives yesterday approved a bill that would ban flavored e-cigarettes, impose a 75 percent excise tax on 'electronic nicotine delivery systems' (including e-liquids as well as devices), and authorize forfeiture of cars driven by vapers caught with 'untaxed' products. The House approved H4183 by a vote of 127 to 31, and the state Senate is expected to consider it next week.
"An 'emergency' ban that Gov. Charlie Baker (R) imposed on all vaping products in September will expire on December 24. This bill permanently bans 'flavored tobacco products,' including menthol cigarettes as well as vaping liquids that taste or smell like anything other than tobacco. It does not apply to hookah bars or marijuana vapes....
"Once their preferred flavors are no longer legally available, some ... vapers may go back to smoking, a far more dangerous habit, while others may buy potentially tainted pods or e-liquids on the black market. Or they might buy flavored e-liquids in states where they are still legal and bring them back to Massachusetts. But vapers who try to find ways around the ban should be aware of the potential penalties.,,,
"The bill says ... a police officer who 'discovers an untaxed electronic nicotine delivery system in the possession of a person who is not a licensed or commissioner-authorized electronic nicotine delivery system distributor' may seize both the product and the 'receptacle' in which it is found, 'including, but not limited to, a motor vehicle, boat or airplane in which the electronic nicotine delivery systems are contained or transported'....
"While both fines and asset forfeiture could be deployed against distributors of newly illicit vaping products, they apply to consumers as well.... [A] vaper is presumed to be in possession of 'an untaxed electronic nicotine delivery system,' which makes his car subject to forfeiture, unless he has receipts that prove otherwise. And in the case of newly illegal vaping products purchased out of state or on the black market, he will have no such proof.
"Under this bill, unapproved vaping products would be treated like illegal drugs, possession of which is enough to justify forfeiture of the vehicles in which they are found. Massachusetts is poised to deprive vapers of the harm-reducing products they used to quit smoking, then steal their cars if they dare to defy that unjust and irrational edict."
Read more: https://reason.com/2019/11/14/pending-ban-on-flavored-e-cigarettes-in-massachusetts-authorizes-forfeiture-of-vapers-cars/
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Novewmber 14, 2019 - "The Massachusetts House of Representatives yesterday approved a bill that would ban flavored e-cigarettes, impose a 75 percent excise tax on 'electronic nicotine delivery systems' (including e-liquids as well as devices), and authorize forfeiture of cars driven by vapers caught with 'untaxed' products. The House approved H4183 by a vote of 127 to 31, and the state Senate is expected to consider it next week.
"An 'emergency' ban that Gov. Charlie Baker (R) imposed on all vaping products in September will expire on December 24. This bill permanently bans 'flavored tobacco products,' including menthol cigarettes as well as vaping liquids that taste or smell like anything other than tobacco. It does not apply to hookah bars or marijuana vapes....
"Once their preferred flavors are no longer legally available, some ... vapers may go back to smoking, a far more dangerous habit, while others may buy potentially tainted pods or e-liquids on the black market. Or they might buy flavored e-liquids in states where they are still legal and bring them back to Massachusetts. But vapers who try to find ways around the ban should be aware of the potential penalties.,,,
"The bill says ... a police officer who 'discovers an untaxed electronic nicotine delivery system in the possession of a person who is not a licensed or commissioner-authorized electronic nicotine delivery system distributor' may seize both the product and the 'receptacle' in which it is found, 'including, but not limited to, a motor vehicle, boat or airplane in which the electronic nicotine delivery systems are contained or transported'....
"While both fines and asset forfeiture could be deployed against distributors of newly illicit vaping products, they apply to consumers as well.... [A] vaper is presumed to be in possession of 'an untaxed electronic nicotine delivery system,' which makes his car subject to forfeiture, unless he has receipts that prove otherwise. And in the case of newly illegal vaping products purchased out of state or on the black market, he will have no such proof.
"Under this bill, unapproved vaping products would be treated like illegal drugs, possession of which is enough to justify forfeiture of the vehicles in which they are found. Massachusetts is poised to deprive vapers of the harm-reducing products they used to quit smoking, then steal their cars if they dare to defy that unjust and irrational edict."
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