Clearing the Air

On The Growing Vaporizer Industry

There is a smoking revolution going on throughout the country, as people throw away their packs of Marlboro Reds in exchange for e-cigarettes. However, these devices are not just being used by tobacco smokers. Both aromatherapy aficionados and medical cannabis patients are fueling what may be the next billion dollar industry. In this article, we will look at three common uses for vaporizers or e-cigarettes and some of the legal issues surrounding these particular uses. Essential Oils

The use of vaporizers for the consumption of essential oils is becoming more and more popular. Essential oil is the concentrated liquid or “essence” of a plant such as sandalwood or lavender which is extracted from the plant itself. The oil can be used as a perfume for aromatherapy purposes or inhaled for recreational or therapeutic purposes. Those businesses that sell devices specifically designed for the consumption of essential oils do not face as many legal hurdles as other vaporizer devices and should therefore follow similar business practices as other retail establishments with one important consideration. Businesses should be extremely cautious when making any medical or therapeutic claims regarding the efficacy of essential oil treatment. Such claims may cause the devices to be considered “medical devices” under either state or federal law and may also expose the manufacturer and retailer to tort liability for making unsubstantiated medical claims.

Liquid Nicotine

Over the past few years, more and more people have been switching from traditional cigarettes to e-cigarettes for consuming liquid nicotine. Although there is currently little data on the long-term effects of using e-cigarettes, it is generally alleged that they are less dangerous than traditional cigarettes because users do not inhale the harmful carcinogens that are produced from burning plant material. With the amount of state taxes levied on cigarettes, e-cigarettes can also be more cost effective for consumers. Last, the liquid vapor produced by e-cigarettes does not create the same odor of smoke as traditional cigarettes so people who vape are able to do so in places that traditional cigarettes are banned such as restaurants, bars, and other common areas.

As of the date of this article, the California State Legislature was debating Senate Bill 648 which would prohibit using e-cigarettes in those places where smoking is currently prohibited. The stated intent of the draft legislation is to regulate electronic cigarettes in the same manner as tobacco products.

Concentrated Medical Cannabis

The business activity most fraught with legal risk is the production and sales of devices specifically designed, marketed and/or used for the consumption of medical cannabis. Paradoxically, these devices may be the most beneficial use for vaporizers in that they help seriously ill individuals use cannabis for medical purposes without the risk of consuming harmful carcinogens. A common criticism of medical cannabis is that the smoking process itself is unhealthy regardless of the medical benefits. Vaporizing is a solution to that problem.

Despite the complex patchwork of legal and regulatory requirements, the vaporizer industry is booming. Those entrepreneurs interested in investing in a new vape business should structure their business model in a manner that mitigates overall risk as much as possible.

 Lance Rogers is an attorney licensed to practice in California and Federal courts. The Law Offices of Lance Rogers, APC is a full-service law firm in San Diego with expertise in business litigation, corporate law, criminal defense and civil rights litigation. www.lrogerslaw.com.