NIH, Vaping Devices- Click HERE to be directed to the website for more information.
"The practice of using vaping devices to consume marijuana or cannabis products is becoming increasingly widespread. Recent data shows that more than one-fifth of high school seniors have reported vaping marijuana in the past year". Drugfree.org https://drugfree.org/article/vaping-and-marijuana-what-you-need-to-know/
How to talk to your kids about Vaping and Marijuana-LINK HERE
Did you know:
In the past year, there has been a wave of severe lung injuries, illnesses and deaths associated with vaping. The condition, known as EVALI (E-cigarette, or Vaping, product use Associated Lung Injury), has sickened more than 2,800 people to date and led to nearly 70 deaths across the country.
Symptoms of EVALI include:
- Shortness of breath
- Weight loss
- Night sweats
- Fatigue
- Gastrointestinal problems
- Low oxygen levels
- Lung failure and death (in severe cases)
Currently, there is no single test for EVALI. Since many of its symptoms are similar to those of other respiratory diseases doctors must use a process of elimination to properly diagnose the disorder. A doctor will likely ask questions about their patient’s history of vaping or smoking and may order a CT scan or chest x-ray. Most cases of EVALI require admission to a hospital for treatment. READ MORE PARENT INFORMATION HERE.
State Statue: Please Read
2A:170-51.12 which states:
1. a. No retailer, either directly or indirectly by an agent or employee, or by a vending machine owned by the retailer or located in the retailer's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person any vapor product that has a characterizing flavor.
b. A retailer that violates the provisions of subsection a. of this section shall be liable to a civil penalty of not less than $500 for the first violation, not less than $1,000 for the second violation, and not less than $2,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality shall issue a summons for a violation of the provisions of subsection a. of this section and shall serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
c. In addition to the provisions of subsection b. of this section, the Division of Taxation in the Department of the Treasury:
(1) shall, upon a third and each subsequent violation of the provisions of subsection a. of this section, following a hearing by the municipality, suspend, for a period of not less than three years, the license issued under section 4 of P.L.2019, c.147 (C.54:40B-3.3) of a vapor business; and
(2) notwithstanding the provisions of paragraph (1) of this subsection, upon a fourth or subsequent violation of the provisions of subsection a. of this section, may, upon recommendation by the municipality and following a hearing by the municipality, revoke the license issued under section 4 of P.L.2019, c.147 (C.54:40B-3.3) of a vapor business.
A licensee whose license is subject to suspension or revocation shall additionally be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation.
d. Nothing in this section shall be construed to apply to medical cannabis, medical cannabis products, paraphernalia, or related supplies dispensed to or on behalf of a registered qualifying patient pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L.2009, c.307 (C.24:6I-1 et al.).
e. As used in this section:
"Characterizing flavor" means a distinguishable flavor, taste, or aroma other than tobacco, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen, or spice flavoring, that is imparted, prior to or during consumption, by a vapor product, including any smoke or vapor emanating from that product. A vapor product shall be deemed to have a characterizing flavor if the product is advertised or marketed as having or producing any such distinguishable flavor, taste, or aroma.
"Vapor product" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Vapor product" includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. "Vapor product" does not include any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq.
So far three establishments have pled guilty to the sale of flavored vapor products.
One of the establishments was selling flavored cannabis vapor products. Our department has made the argument that if the product is advertised as flavored such as "ice cream cone" or "strawberry gelato" it would violate 2A:170-51.12.
Some of the establishments are making the argument that cannabis flavored vapor products are not flavored and are just a "strain".
We have made the argument that the products are advertised as flavored and cannabis itself has a flavor, taste, or aroma other than tobacco. Our town prosecutor and attorney have agreed with our interpretation of the law. We believe the purpose of this law is to discourage children from buying these products.
LETS KEEP OUR KIDS SAFE!!