INCBA Members and Friends, as many of you are aware, the Consolidated Appropriations Act of 2021 (the “Act”) included legislation affecting laws related to mailing certain tobacco-related products to consumers. The Act’s amendments broadly defined Electronic Nicotine Delivery Systems (“ENDS”) in a manner that could be interpreted to include cannabis-related products, including some hemp products, potentially subjecting these industry participants to rigorous shipping and reporting requirements as well as registration with the Attorney General.
The USPS was required to promulgate regulations clarifying the applicability of this provision to ENDS by April 26, 2021, and it proposed such rules on February 19th, requesting comments be submitted by March 22nd. On April 19th, the USPS issued further guidance stating that a final rule would be forthcoming to clarify the mailing of ENDS products.
While the comment period window has ended, a unified message backed by a large number of stakeholders could be beneficial. To that end, the INCBA Legislative Advisement Committee worked on a letter to bring awareness of the impact of what could be an unintended consequence of the legislation. However, INCBA’s policy is not to submit comments outside of the requested window, so the group has instead offered to allow these efforts to be supported by stakeholders individually. The proposed letter can be found here. If you would like to be a signatory to the letter, please respond by June 11, 2021 by emailing your first and last name, organization (if applicable/authorized), and your city/state to Tami Wahl, [email protected]. The letter will be forwarded by Tami to the appropriate contact at the USPS.