HB 1064 in South Dakota is being debated on Tuesday. Included among the typical flavor bans is language that makes simply possessing flavored juice punishable by up to 30 days in jail. It also classifies "flavor" as either the flavor or simply the aroma of the vapor. It's one of the most draconian bills I've seen.
If you're in SD, this will criminalize flavored DIY entirely.
They looking to also include an amendment banning mint flavor, leaving the only legal vape flavor left as tobacco.
If you're in SD, PLEASE contact your rep and let them know that you do not support this.
Link to the text of the bill: http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?File=HB1064P.html&Session=2020&Version=Introduced&Bill=1064
EDIT: UPDATE! Bill is dead!!!!
I didn't know about this and just skimmed that proposition. I am rooting for you all from Pennsylvania... it really turns my stomach to see this pushback to vaping. TWO+ YEARS NOW Since I had my last cigaratte, and the ONLY REASON is because of vaping.
Do they just want us to smoke again? Because this is how they do that.
Ehh... yeah that's probably exactly what big tobacco wants.
They can't ban anything we use other than nicotine. Well they could but not without impacting many other industries that have absolutely nothing to do with vaping. It will never pass in it's current form.
I hope so. The way they're going about it however, they're not banning the flavors, they're criminalizing the possession of a flavored vapor product. If I buy the flavors and mix it, I would be a criminal by simply possessing the completed juice.
consider if you have a bottle of e-liquid if you mixed your self how are police going to know what it's for?You can simply say it's to make scented soap since the ingredients are basically the same
They need to prove what it's for and the only way to do that is a nicotine titration test which is expensive and time consuming and put's the law at odds with nicotine in cigarettes being legal?
This kind of law is nearly impossible to enforce even if it does pass, jailing people for what nicotine possession?!
edit: im not saying people shouldn't fight this bill they should, I just don't think this kind of law will happen or can be enforced especially with cigarettes being legal
There's language in the bill that specifically calls out aromas.
If you're vaping, and it doesn't smell like tobacco, you're in possession of a flavored vapor product. This includes 0 nic products. They're bypassing the nicotine aspect of it.
The language includes mint and menthol, but there's an amendment to remove mint from that.
>Characterizing flavor," a taste or aroma, other than the taste or aroma of tobacco, mint, or menthol, imparted either prior to or during the use of an electronic smoking device or vapor product;
Basically if your vape smells fruity, it's enough for them. It has absolutely nothing to do with the nicotine content.
Legislation that doesn't make sense, unfortunately, has been known to pass before.
Get out and VOTE!
Vaping seems trivial compared to their self admitted meth epidemic. South Dakota should probably focus on tackling that.
I sure hope it doesn‘t pass, but if it does, I think it will be overturned in the future. It has happened in several states and it makes me happy. What really is infuriating though is that the government can take away your livelihood, no freedom in that. And I guess that vapers haven’t really been rallying in significant numbers.
I’m sitting in the vape shop that I work at in SoDak rn and I’ve contacted perry and the majority of the proponents of this bill and told them how it would affect me and how it has helped me off cigarettes and swishers in the past. 4 years tobacco free and life couldn’t be better. It’s an attack on personal freedom of law abiding adults because parents can’t discipline their kids and keep vapes off their children. That’s why this whole thing started because the school district in Aberdeen cried to perry about vaping in schools.
> language that makes simply possessing flavored juice punishable by up to 30 days in jail.
That's part of a chapter for tobacco sales and distribution.
It's so that if they inspect a retail establishment that has boxes of 'flavored products' on site, they can't claim they weren't selling it so no harm, no foul. This language means if it's in your store, it counts as selling it.
It doesn't mean a random citizen of SD
The unlawful actions section (34-46-2) not only includes actions by merchants, but also actions taken by individuals (straw purchases).
> To purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of eighteen;
The additional possession wording to be added to that section has no language restricting it to retail establishments.
You will be able to buy a legal pot device but dark web markets for vape equipment
(if the law passes) I wonder if sellers could use Amazon/eBay and just list certain products in a way that circumvents the laws. What I mean is for example on Amazon you're not allowed to sell things like CBD or vape products, but TONS of sellers do anyway because they don't list them as such (and there's little way to prove how you'll use them); so they list CBD oils as "Hemp extract oils", and they list premade vape coils as "coils for electrical/radio hobbiests" and they get away with it. So jw if perhaps they could at least sell no-nic vape juices as "humidifier aromas" or something to skirt around the law, if it bans sale of juice (nic would be tougher to circumvent though of course).