Massachusetts Vaping Ban Challenged In Court

More government stupidity.

Massachusetts has imposed a complete ban for four months of the sale of all vaping products in that state. That law is being challenged in court, by several (legal) vaping retailers.

The vaping health hazard that currently exists in the United States is the result of poor consumer product regulation in the United States. It is also a consequence of cannabis Prohibition, since most of the illnesses (and the eight fatalities) are from black market products.

The U.S. government created the cannabis black market when it imposed cannabis Prohibition, without any scientific basis for doing so. As U.S. states have legalized the usage of cannabis, one of the primary stated goals has been to eliminate the black market — so that consumers can purchase legal (regulated) products.

Now, as the result of a regulatory failure, Massachusetts has banned the sale of all vaping products. Under ordinary circumstances, this would have been a responsible course of action. Why?

Because with most consumer products, banning the (legal) sales of that product will also prevent consumption. But this is not true with the cannabis market.

Because of the enormous black market that already exists, banning legal sales of vaping products will simply force Massachusetts consumers to purchase black market vaping products – which constitute the greatest risk of illness.

In Massachusetts, 75% of all cannabis sales in 2019 were already projected to take place on the black market, according to a Boston Globe article. This knee-jerk reaction by the Governor of Massachusetts will increase that number.

Many consumers of vaping products in the U.S., whether e-cigarettes or cannabis vape pens, will decide to stop using these products (temporarily) out of prudence. However, for those who choose to assume such risks, it is obviously preferable that they purchase a legal product, where there is a reduced risk of an adverse reaction.

This is not a “crisis” or an “epidemic”, as has been sensationalized by the mainstream media.

If the Massachusetts’ governor wants to save lives, he should simply ban the sale of all tobacco products. Tobacco use kills over 480,000 Americans in the U.S. every year.  That’s a crisis. That’s an epidemic.

The vaping health issue has resulted in 8 fatalities to date.

It is obviously safer for the residents of Massachusetts to consume a cannabis vaping product than to consume any sort of tobacco product. And it is safer to consume a legal cannabis vaping product than a black market vaping product.

Those are the facts.

The (so-called) “declaration of emergency” by Governor Charlie Baker is being challenged as “arbitrary and capricious” and “a clear case of misuse of statute”, according to attorney Craig Rourke, who is representing the plaintiffs in court.

The facts clearly support the legal vaping shops seeking an injunction against this ban. The ban could drive these companies out of business, while doing less-than-nothing to increase public safety.

How do you make a bad situation worse? Ask Charlie Baker.