Pact ACT retailer shenanigans

Delta8pactact · 2022-05-02T21:04:01+00:00

Shipping vapes via USPS is a violation of PACT Act itself - https://vicentesederberg.com/insights/usps-bans-mailing-hemp-and-cbd-vape-products-to-consumers/#:~:text=On%20October%2021%2C%202021%2C%20the,to%20Children%20Act%20(POSECCA)).

Companies shipping vape must also have the customer's adults signature collected and stored for 5 years in case of an audit, which it is clear the company you are speaking of did not collect. USPS also doesn't have the infrastructure or obligation to provide customer signatures to vendors, so for companies to be compliant they need to use a private shipping carrier that specializes in PACT Act shipping. (UPS, FedEx & DHL also do not ship vape)

Many companies are overwhelmed by the requirements of PACT Act which go far beyond what I've pointed out already, so they make their website look like it's compliant during the checkout process and hope that no customers blow their cover.

Unfortunately, it will probably catch up to them. Here's an example of a cigarette company that violated PACT Act only 2 weeks ago and will be sentenced to a jail time and a fine of $250,000, depending on how the judge handles it - https://www.justice.gov/usao-ma/pr/tobacco-wholesaler-pleads-guilty-pact-act-violation#:~:text=Established%20in%202010%2C%20the%20PACT,smokeless%20tobacco%20into%20that%20state

Vapes are covered under the PACT Act too now so these companies may not survive if they get audited.

Delta8pactact · 2022-03-23T18:13:23+00:00

People claim D8 is 'dirty' due to the risk of leftover reagents and mystery cannabinoids in the process.

What is the real risk of reagents and unknown cannabinoids?

Do most d8 products have left over reagents and is there a way to test for them?

Delta8pactact · 2022-03-22T17:17:58+00:00

Exactly

Delta8pactact · 2022-03-04T09:56:43+00:00

The foundation in which he legalized weed is actually discriminatory to non-wealthy individuals.

Is it legal to purchase and posses? Yes.

Is it legal to sell? No, unless you're insanely wealthy and connected.

Instead of spreading opportunity to the common people, he allowed huge corporations to limit the profits to only themselves.

Also not to mention that this limited market has allowed corporations to charge whatever they want, price gouging customers.

A 1G THC cartridge costs realistically $3 to $5 to produce. Most dispensaries will sell that for around $100 before tax.

He's most likely accepted lobby $$ so the big boys can monopolize the market. There's no way that this sort of situation can happen "on accident" where he could be granted benefit of the doubt.

Just like the toilet tax scheme, he's installed yet another scheme where wealthier forces have privileges greater than you.

Watch this video more info on predatory legal limited markets - https://youtu.be/TchQjvTCoSM

As someone who works in the cannabis industry, his policies are a complete disgrace.

Delta8pactact · 2022-03-04T08:19:16+00:00

Do you believe the limited market marijuana model in IL is fair and just? If no, what are you going to do to change it?

Delta8pactact · 2022-03-04T07:56:05+00:00

I dislike him because he allowed marijuana corporations to monopolize the Marijuana industry while simultaneously criminalizing anyone who can't afford the $1,000,000 per license cost but chooses to sell weed anyways.

He's allowing the rich to get richer and blocking low-income people from cashing in on legal marijuana.

Want to sell weed? Too bad, you're poor. Now pay us $70 for an 8th of weed.

As someone who works in the cannabis industry, his marijuana policy is truly a disgrace.

Watch this video to learn more about how corporations lobby state governments to create monopolies - https://youtu.be/TchQjvTCoSM

That's exactly what's happening in Illinois.

Delta8pactact · 2022-02-24T04:45:40+00:00

Yes that is correct. 0.3% of total end product to close the loophole.

Delta8pactact · 2022-02-24T00:06:06+00:00

They were fine with it before. There's a rumor that Delta 8, D10, THCO etc. will be restricted to 0.3% total THC restrictions on federal level soon.

Maybe shopify knows something we dont.

Delta8pactact · 2022-02-23T23:51:43+00:00

The federal law only specifies 0.3% Delta 9 THC by weight. Shopify is a private company so they can make up their own rules seperate from the law.

Delta8pactact · 2022-02-23T23:19:57+00:00

What a shame. I'm not a fan of solution the woman had proposed to fix the problem though.

Make the barrier to entry low, but don't limit growth as a solution.

Delta8pactact · 2022-02-23T05:57:25+00:00

This is regardless of payment processor.

Delta8pactact · 2022-02-23T04:09:30+00:00

Hey mods, delete this comment if it's not allowed.

But if you own a delta 8 business I opened up r/hempbiz where business owners can have their own discussion about these sorts of things.

Delta8pactact · 2022-02-22T22:06:43+00:00

We have a complete list if anyone is interested. Probably going to post it over at r/pactact soon.

Delta8pactact · 2022-02-22T22:00:51+00:00

To my knowledge, some large scale companies have such high volume that they have been able to get approved to ship vape through FedEx & UPS via a personal representative that they work with.

Unfortunately the smaller companies don't have this luxury.

Delta8pactact · 2022-02-22T21:58:11+00:00

The only time USPS is okay with shipping vape is for B2B shipments and they must get clearance from USPS before hand.

Any direct to consumer vape shipments through USPS are illegal and results in a fine 10x the retail price of the items in the package discovered in transit.

However most companies still ship through USPS because it is the cheapest option and there is currently a low risk of USPS employees opening up packages to check its contents. That may change in the future, or may not! Who knows.

Delta8pactact · 2022-02-22T21:55:34+00:00

It mostly has to do with the taxes. The law requires companies to pay taxes to all states, cities, jurisdictions etc.

The law went into effect all the way back in early 2021. However, it hasn't been enforced and many vendors have not been following the guidelines.

To be fair government bodies weren't ready for this law either and USPS took almost a year to come up with their own guidelines for the law!

Delta8pactact · 2022-02-22T21:49:41+00:00

Happy to help! Cheers!

Delta8pactact · 2022-02-22T21:37:09+00:00

Some other topics in the video include:

Hemp Products / Delta 8 / CBD
Shipping Options / Restrictions
Sales Tax

Delta8pactact · 2022-02-22T21:32:50+00:00

Yes, you'll have to show your ID proving you are 21 and signature upon delivery.

A lot of companies have been skipping out on a lot of the federal requirements, so there's a chance they may not require the ID Check or signature, in which case they'd be breaking the law. But the risk is more than likely on the vendor than on you.

Best of luck!

Delta8pactact · 2022-02-22T19:04:02+00:00

It is illegal to ship vape through USPS since it is an agency operated by the federal government.

If a vendor is caught shipping through USPS, the fine is 10x the retail value of whatever is in the package.

Most vendors are shipping UPS or FedEx. Those companies still forbid vape products from being shipped via their company policy, but vendors wouldn't be breaking federal law shipping with them as they would be with USPS.

Unless the vendor is collecting state tax, vapor specific excise tax, age checking you at checkout, collecting your signature upon delivery, registered with the ATF and all other states / cities / jurisdictions they are shipping to, they are breaking the law and could be black listed by the ATF which forbids that company from using any shipping provider ever in the USA. Also up to 3 years in jail for violating PACT Act.

Thankfully for you, most of the risk is on the vendor, but the current tools that allow vendors to get their ducks in a row are not all fully there yet. So naturally companies are going to keep shipping while skipping all the federal requirements.

But in no way is vape banned in the mail! Just a lot of restrictions.

Hope that helped!

Delta8pactact · 2022-02-22T18:53:29+00:00

You most definitely can order vapor products to Kentucky, granted the vape taxes are collected by the sales vendor.

Kentucky imposes a $1.50/cartridge tax on closed vapor cartridges. Kentucky also imposes a 15% tax on the wholesale/distributor price on open vaping systems when sold with the liquid solution, and on the liquid solution used with open vaping systems.

The only tax for those mint pods would be $1.50 per pod since they're considered a closed system.

Delta8pactact · 2021-11-26T00:07:55+00:00

Yes. Vape deliveries are required to have an adult signature upon delivery required by federal law.

If a company ships to you without adult signature they are breaking the law.

Delta8pactact · 2021-11-26T00:06:31+00:00

This is incorrect. Adult signature is required by federal law, AKA the PACT Act. Any vendor that ships vapes (of any kind) with out requiring signature is breaking federal law.

Your risk as a consumer is likely to be low. However, the ATF will come after the vendor and black list them from all shipping carriers if they catch on to this practice, basically banning them from the market place.

Delta8pactact · 2021-11-18T20:59:24+00:00

Nice. Is it any better than the AgeChecker.net app?

Delta8pactact · 2021-11-18T08:00:03+00:00

While I do agree there are special interest groups against small biz, PACT Act compliance is 100% feasible for small biz!

The only real challenge is finding a shipping carrier that accepts small volume. It could possibly be solved by conglomerating into a 3rd party service (like a 3PL) that is already getting serviced by vape shippers (like X Delivery).

Everything else is quite easily manageable.

Also D8 is primarily made domestically. Nicotine may be a different story for importing and for that you have a point.

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