New Vaping Laws In Australia
New Vaping Laws In Australia: Everything You Need To Know
The vaping landscape in Australia has experienced significant changes with the introduction of new regulations starting on 1 July 2024. These changes incorporate a comprehensive framework that governs the importation, local production, distribution, ownership, and advertising of all vaping products.
It is crucial to grasp these new regulations as they not only aim to tackle the growing health risks associated with vaping but also strive to ensure legitimate access to therapeutic vaping products for smoking cessation and nicotine addiction management.
This blog post aims to provide a clear understanding of the new vaping laws in Australia, shedding light on the evolving regulatory standards and their implications for both consumers and industry stakeholders.
Is Vaping Illegal In Australia?
Vaping is not against the law in Australia, however, there are new stringent rules that govern its sale, distribution, and usage. Starting from 1 July 2024, new legislation has been implemented to establish thorough regulations for importing, manufacturing, supplying, possessing, and advertising vapes.
The primary objective of these regulations is to tackle the health hazards linked to vaping while also ensuring that individuals who genuinely need therapeutic vapes for quitting smoking and managing nicotine dependence have appropriate access to them.
What Are The New Vaping Laws In Australia?
From 1 July 2024, there are new regulations in place in Australia regarding the sale and distribution of vapes. These regulations state that only pharmacies are allowed to sell vapes, while retailers like tobacconists, vape shops, and convenience stores are prohibited from selling any type of vape, whether it contains nicotine or not.
Initially, from 1 July to 30 September 2024, individuals must have a prescription from a doctor or nurse practitioner in order to purchase nicotine vapes from a pharmacy. However, starting from 1 October 2024, individuals who are 18 years old or above will be able to buy therapeutic vapes directly from pharmacies without a prescription. Although, there will be a nicotine concentration limit of 20mg/ml.
For individuals under the age of 18, a prescription will still be required in accordance with state and territory laws to ensure appropriate medical guidance and supervision. The new regulations also specify that therapeutic vapes can only be sold in mint, menthol, and tobacco flavours. Furthermore, all vape products must be packaged in plain pharmaceutical packaging.
Who Can Buy Vapes From 1 July 2024?
From 1 July – 1 October 2024, people in Australia have the legal right to buy vapes from pharmacies, as long as they possess a valid prescription from a medical professional or nurse practitioner. This rule applies to vapes containing nicotine as well as those without it, and the prescription requirement is in effect to guarantee that individuals who want to purchase vaping products receive proper medical guidance and supervision.
Who Can Buy Vapes From 1 October 2024?
Starting from 1 October 2024, Australians who are 18 years old or above can buy therapeutic vaping devices from pharmacies without needing a prescription. The nicotine concentration in these vapes will be limited to 20 mg/mL. However, individuals under the age of 18 will still need a prescription, as per the laws of their respective state or territory.
Can People Under 18 Buy Vapes?
In Australia, individuals who are below 18 years old are not permitted to buy vapes. Starting from 1 July 2024, and going forward, new regulations have been implemented to limit the sale of vapes to individuals who are 18 years old or older. This measure aims to prevent those under 18 from purchasing vaping products. Furthermore, even after 1 October 2024, individuals under the age of 18 will still need a prescription, as per the laws of their state or territory, in order to ensure appropriate medical guidance and supervision when seeking vaping products.
Can I Get Vapes From Anywhere Other Than Pharmacies?
The sale of vapes will be limited exclusively to pharmacies. The reforms also include a ban on the domestic manufacturing, supply, commercial possession, and advertisement of disposable and non-therapeutic vapes. Consequently, vapes will only be accessible behind the counter at a pharmacy.
Is It Illegal To Own A Non-Prescribed Vape?
Yes, technically, it is illegal to own a non-prescribed e-nicotine vape in Australia. However, the updated legislation ensures that people who have a small number of vapes for their personal use will not face criminal charges. A personal quantity is defined as having nine vapes of any type, regardless of where they were acquired. Additionally, there will be a grace period of eight months for individuals to possess vapes for personal use without any legal consequences.
The new reforms aim to target commercial and retail dealers of unlawful vaping goods and black market supply chains, rather than individuals using vapes for personal use. Therefore, individuals possessing vaping goods for personal use are not targeted under the changes to the law.
What Will The New Vapes Look Like?
Starting 1 July 2024, the sale of vaping products in Australia will be restricted to pharmacies and will come in packaging resembling pharmaceutical products. The newly implemented regulations dictate that the nicotine concentration in vapes must not exceed 20 mg/mL, and the available flavours will be limited to mint, menthol, and tobacco. Customers looking to purchase vapes will need to have a conversation with a pharmacist before completing their purchase. Furthermore, therapeutic vapes containing nicotine concentrations of 20 mg/mL or less will be accessible to individuals over 18 years old without a prescription, as long as the pharmacist deems it clinically appropriate.
Why Did The Australian Government Make Changes To Vaping Laws?
The Australian Government has implemented changes to vaping legislation with the intention of safeguarding public health, particularly among young individuals, and tackling the growing prevalence of vaping in the youth population. The aim is to make vapes solely accessible for smoking cessation purposes or for managing nicotine dependence, with the supervision of healthcare professionals.
Additionally, the reforms prohibit the domestic production, commercial possession, and sale of non-therapeutic and disposable vapes. Furthermore, a more rigorous advertising framework for vapes will be introduced. These measures have been put in place to address concerns associated with vaping and ensure that access to vaping products is appropriately regulated and monitored, thus safeguarding public health.
How Do I Get A Vape Prescription In Australia?
In order to acquire a prescription for a vape in Australia, individuals have the option to seek approval from a registered Australian medical practitioner or nurse practitioner. Vapes can be obtained through the Authorised Prescriber (AP) scheme, Special Access Scheme B (SAS B), or Special Access Scheme C (SAS C). The prescriber must adhere to the laws set by the state, territory, and Commonwealth in order to authorise the provision of therapeutic vapes, and the prescription must be verified by the pharmacist before it can be dispensed. It is important to note that vapes can only be purchased from a pharmacy with a valid prescription.
What Pharamacies Have Agreed To Sell Vapes In Australia?
The choice of whether to offer vaping products in Australia is now in the hands of each individual pharmacy. It is up to them to decide whether they want to sell vape products. The Pharmacy Guild of Australia, which represents pharmacy owners in the country, has expressed opposition to the bill and is hesitant to sell vapes without a prescription due to their perceived high addictiveness. Consequently, pharmacies are not obligated by law to sell vaping products, and it is entirely at their discretion to decide whether they will stock and sell such items.
How Will The Vaping Laws Impact Vape Businesses?
The implementation of new vaping regulations in Australia will have a significant impact on businesses involved in the sale of vaping products. Starting from 1 July 2024, it will be against the law for any retailer, including smoke shops and petrol stations, to sell vapes or any related items, regardless of their nicotine content. The only authorized point of sale for vapes will be pharmacies.
Retailers who are caught selling vapes illegally from 1 July onwards will face heavy fines of up to $2.2 million and a maximum prison sentence of seven years. The revised legislation makes it clear that individuals in possession of small quantities of vapes for personal use will not be subject to criminal charges. A personal amount is defined as having nine vapes of any kind, regardless of where they were obtained.
Furthermore, there will be an amnesty period of eight months for personal possession. However, retailers and individuals involved in the illegal importation of vapes for sale will still be subject to severe penalties. This underscores the strict enforcement and serious consequences associated with the sale of illicit vaping products in Australia.
Reactions From Stakeholders About The New Vaping Laws
The implementation of new vaping regulations in Australia has sparked a variety of reactions from different parties involved. The Pharmacy Guild of Australia has raised concerns regarding the dispensing of “unregulated substances without any established therapeutic benefits” and the absence of guidelines to support informed decision-making among pharmacists.
Conversely, the Australian government’s focus is on safeguarding the well-being of young Australians and the wider community by addressing the potential risks of recreational vaping and highlighting the positive impact on public health. To enforce these measures, severe penalties, including fines of up to $2 million and potential imprisonment, await non-pharmacy retailers found selling vaping products.
The Therapeutic Goods Administration is actively leading the development of these reforms and provides its full support for the legislation. While some private enterprises and businesses have criticised the new laws, they are in line with the National Tobacco Strategy 2023-2030 and are considered crucial steps towards curbing the increasing prevalence of vaping, particularly among young individuals, and mitigating the associated health hazards.
Conclusion
To sum up, the recent vaping regulations in Australia signify a thorough revamp of the control over vaping products. These changes are designed to limit the accessibility of vapes, particularly among young individuals, by prohibiting the sale of non-prescription vapes and implementing strict importation rules.
The primary objective behind these modifications is to align with public health objectives by curbing the use of vapes as a gateway to nicotine addiction and smoking. Although there have been mixed reactions from various stakeholders, including concerns about potential legal consequences for non-compliant businesses, it is clear that the government’s main focus is on safeguarding public health and reducing the harm caused by vaping.
These reforms mark a significant shift in Australia’s approach to vaping, emphasising harm reduction and the protection of the well-being of the population, especially young individuals.
Discover more from Shroom Bros Australia
Subscribe to get the latest posts sent to your email.
1 thought on “New Vaping Laws In Australia”
Shroom Bros Australia July 19, 2024 at 7:38 pm
While vaping remains legal in Australia, stringent rules now control its sale, distribution, and usage, with the objective of balancing public health concerns and therapeutic needs.