March 24, 2022

Koi Products

The PACT Act

The PACT Act now applies to all vaping products, including CBD and Delta-8. Learn what it means for you.

Recently a legislative change was made that impacts the online availability of some types of CBD products and delta-8 products. We wanted to make sure you are aware of the change and how we're complying with the update.

What is the PACT Act?

In the most recent COVID-19 relief bill signed into law on December 27, 2020, Congress amended the Prevent All Cigarette Trafficking (PACT) Act to include all vaping products and e-cigarettes.

The PACT Act was originally passed in 2009 and amended the already existing Jenkins Act of 1949, which required interstate shippers to report cigarette sales to state tobacco tax administrators to fight illicit tax and sales avoidance.

Sixty years later, the same year the Tobacco Control Act gave the FDA authority over tobacco products, the PACT Act prohibited the use of the USPS to deliver smokeless tobacco products and cigarettes directly to consumers.

How The PACT Act Impacts CBD

There was an amendment made to the recently-passed “Preventing Online Sales of E-Cigarettes to Children Act” which modifies the definition of “cigarette” to include all vaping products under the term “ENDS” or Electronic Nicotine Delivery Systems.

This term is to include liquids, components, and accessories, whether they contain nicotine or not. An ENDS product is defined as “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device.” Based on the definition of ENDS, CBD/THC/Hemp vape pens among other things would be captured.

The big question is how does this impact your favorite Koi CBD vape products? Unfortunately, Our CBD Vape Juices, CBD Disposable Vape Bars, Delta 8 Vape Cartridges, Delta 8 Disposable Vape Bars, Vape Devices (Batteries), Vape Device Accessories (Pods) will be impacted.

For more information, read our FAQ section below.

FAQS About The PACT Act and CBD Vapes

Will I be able to buy anywhere online anymore?

Not likely, the steps to be compliant are extremely challenging for businesses to achieve.

Will I be able to buy vape products at retail stores?

Yes, we have thousands of retailers around the country with products in stock, and we are working to be compliant with the PACT Act and continue to support our retail partners. To find your nearest retailer with Koi products, check out our Koi Store Finder!

Will The PACT Act change in the future?

We and many others in the industry are working hard to lobby the government in an attempt to see revised legislation passed that is more reasonable and does not impact vape customers so severely. Vapor businesses are searching for alternative ways to get their products into their consumer’s hands through private logistics and transportation companies as well as software solutions to help comply with the new PACT Act requirements.

The Postal Service hasn’t published any clarifying regulations yet but consumers and companies should be anticipating the ban going into effect by April 27, 2021.

In addition to this critical hit, the most commonly used courier services Federal Express and United Parcel Service have also stated that they will be ceasing all delivery of vapor products as well as of March 1, 2021. A UPS spokesperson also said that effective April 5, 2021 “UPS will not transport vaping products to, from, or within the United States due to the increased complexity to ship those products.”
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