Delta-8 Carts Banned in 2021 under Coronavirus Relief Bill in Congress? USPS mail ban.



Delta-8 Carts Banned in 2021 under Coronavirus Relief Bill in Congress?
#delta8Carts #delta8legality
7 SEC. 601. SHORT TITLE.
8 This title may be cited as the ‘‘Preventing Online
9 Sales of E-Cigarettes to Children Act’’.
10 SEC. 602. AMENDMENTS TO THE JENKINS ACT.
11 (a) IN GENERAL.—The Act entitled ‘‘An Act to assist
12 States in collecting sales and use taxes on cigarettes’’, approved October 19, 1949 (commonly known as the ‘‘Jen14 kins Act’’) (15 U.S.C. 375 et seq.), is amended—
15 (1) in section 1 (15 U.S.C. 375)—
16 (A) in paragraph (2)(A)(ii)—
17 (i) by striking ‘‘includes roll-your-own
18 tobacco’’ and inserting the following: ‘‘includes—
20 ‘‘(I) roll-your-own tobacco’’;
21 (ii) in subclause (I), as so designated,
22 by striking the period at the end and inserting ‘‘; and’’; and
24 (iii) by adding at the end the following:
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1 ‘‘(II) an electronic nicotine delivery system.’’;
3 (B) by redesignating paragraphs (7)
4 through (14) as paragraphs (8) through (15),
5 respectively; and
6 (C) by inserting after paragraph (6) the
7 following:
8 ‘‘(7) ELECTRONIC NICOTINE DELIVERY SYS9 TEM.—The term ‘electronic nicotine delivery sys10 tem’—
11 ‘‘(A) means any electronic device that,
12 through an aerosolized solution, delivers nico13 tine, flavor, or any other substance to the user
14 inhaling from the device;
15 ‘‘(B) includes—
16 ‘‘(i) an e-cigarette;
17 ‘‘(ii) an e-hookah;
18 ‘‘(iii) an e-cigar;
19 ‘‘(iv) a vape pen;
20 ‘‘(v) an advanced refillable personal
21 vaporizer;
22 ‘‘(vi) an electronic pipe; and
23 ‘‘(vii) any component, liquid, part, or
24 accessory of a device described in subpara25 graph (A), without regard to whether the
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1 component, liquid, part, or accessory is
2 sold separately from the device; and
3 ‘‘(C) does not include a product that is—
4 ‘‘(i) approved by the Food and Drug
5 Administration for—
6 ‘‘(I) sale as a tobacco cessation
7 product; or
8 ‘‘(II) any other therapeutic pur9 pose; and
10 ‘‘(ii) marketed and sold solely for a
11 purpose described in clause (i).’’; and
12 (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)),
13 by inserting ‘‘NICOTINE/’’ after
14 ‘‘CIGARETTES/’’.
15 (b) EFFECTIVE DATE.—This section, and the amend16 ments made by this section, shall take effect on the date
17 that is 90 days after the date of enactment of this Act.
18 (c) RULE OF CONSTRUCTION.—Nothing in this sec19 tion, or an amendment made by this section, may be con20 strued to affect or otherwise alter any provision of the
21 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
22 et seq.), including its implementing regulations.
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1 SEC. 603. NONMAILABILITY OF ELECTRONIC NICOTINE DE2 LIVERY SYSTEMS.
3 (a) REGULATIONS.—Not later than 120 days after
4 the date of enactment of this Act, the United States Postal
5 Service shall promulgate regulations to clarify the applica6 bility of the prohibition on mailing of cigarettes under sec7 tion 1716E of title 18, United States Code, to electronic
8 nicotine delivery systems, in accordance with the amend9 ment to the definition of ‘‘cigarette’’ made by section 602.
10 (b) EFFECTIVE DATE.—The prohibition on mailing
11 of cigarettes under section 1716E of title 18, United
12 States Code, shall apply to electronic nicotine delivery sys13 tems on and after the date on which the United States
14 Postal Service promulgates regulations under subsection
15 (a) of this section

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