Hey all, I'm struggling understanding all the new legislation that's being rolled out. I was just curious if anyone was aware of the legality of selling diy to friends. Thanks in advance if anyone does!
Technically illegal, realistically unenforceable
This exactly. If you are legit just selling your ejuice to your friends and relatives then there is no realistic way they can do anything to you. Now if you were to say publicly advertise selling your ejuice to people and start selling it to more people besides close friends then it would probably be more of a problem. I think realistically the FDA will be hardpressed to actually enforce regs on every single B&M immediately and would care much less about a small scale DiYer selling a few bottles a month to his friends
To put this in perspective, the FDA would have to literally stop doing anything else to enforce the deeming, just on legitimate businesses, and even then they would overrun their annual budget within months. They simply don't have the resources.
The deeming is not only retarded, it is literally the largest waste of taxpayer dollars in decades.
Also worth mentioning they aren't going to do anything legal to someone on such a small scale. They are going to go after people or companies where they can flip a profit from legal action. When I was younger was in a halfway house and a DEA agent actually told us they aren't going to kick your door in unless they are pretty sure they can make money doing so. Really opened my eyes on the whole legal process and how its really just another business.
The one exception, I should point out, is that with the deeming regulations now in full effect and several lawsuits pending, I imagine the FDA is looking for a few companies to make examples of to shore up public opinion. Unlikely a DIYer will ever be on their radar but small companies might want to avoid the mentality that they're too small to prosecute.
Swat will literally bust down your door to arrest you. Scum. How dare you even try to sell such a dangerous thing to friends.
Nah. It's probably technically illegal. But they will never be able to enforce it. You could probably get away with a small local distribution network if you wanted to (though clearly not advisable.) while still flying under the FDA's radar. Unless you're selling to a point where they have some way to track your existence as a distributor, you're pretty much too small to notice.
EDIT: think of it like this. Pot is illegal on an actual level. But pretty much every third college student sells it to people. now realize juice will never be enforced on that same level.
Only if he's streaming on Twitch.
Let's take a minute here to realize how whack the whole situation is... Yesterday all of that was pretty much legal but now, it can be classified as selling dope on the corner... Wtf
Well not quite. With the FDA you can be fined pretty heavily. With dope you can go to actual jail. so the analogy falls apart there.
But yeah, it was illegalized in a ludicrous fashion and makes 0% sense.
when you sell crack for a living, these small eJuice issues seem quite meaningless in the grand scheme of my criminal empire.
My crack rocks are labeled as "incenses", not for human consumption of course. So i guess my underground eJuice line will be marketed "olive oil", or "topical cream". We're still working out the kinks at the next drug distribution meeting... i mean "backyard BBQ"
I made a promise to my friends and family that have switched from smoking, they will always have a supply thru me. I hope the fight for vaping doesn't come down to DIY moonshiners like me supplying the majority of vapers, but I'm willing and able to do my part. As I have told my family and friends, now is the time to go get your liter of 100 mg NIC. Think like a prepper not a consumer. Our government is on the wrong side of history and it's our duty to rebel against tyranny. It's the American way.
We will have no problem getting nic. No need to get excited
As long as you're not "selling" ejuice and instead are being "reimbursed for the costs of the production with an administrative cost added", you will be fine.
The legal definition of "selling" kept getting paid for cannabis legal in Oregon for a ten year span when dispensaries were still illegal.