While the USPS could have banned vaping products altogether as part of the new rule, it now seems that they are taking time to revisit the implications.

In a move that should encourage the cannabis industry, the United States Postal Service (USPS) is delaying the implementation of its new rules for the enforcement of a ban on direct-to-consumer mailing of vaping products. As we reported earlier this year, recent amendments to the PACT Act (Preventing All Cigarette Trafficking) required the USPS to issue regulations putting into effect the new ban on USPS mailing vape products from retailers to consumers.

I remain optimistic about mailability, despite the grim outlook lately with this news. One reason is that the principles of statutory interpretation lend credibility to the argument that the ban does not apply to vaping products that are not used to deliver tobacco or nicotine. While the USPS could have banned vaping products altogether as part of the…

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