Last updated: 1 July 2024
Cannabis vapes are subject to separate strict regulations (see the Medicinal cannabis hub - https://www.tga.gov.au/products/unapproved-therapeutic-goods/medicinal-cannabis-hub ).
However - these cannabis hub pages don't state any new requirements different to the laws that came about on 1 March 2024. Maybe they will update the cannabis hub sometime soon, but currently there is no new information different to the previous updates about permits for import to sell anything imported after 1 March 2024.
So it seems that sale of cannabis vapes is exactly the same as it was yesterday, according to the current information.
So for the meantime it seems like there is no issue with online retailers continuing to sell their current stock of dry herb vaporizers as well as our second hand sales channel on the discord.
HOWEVER: https://instavape.com.au/ - one of the vape stores that now have a permit, are not selling to the public and only selling to pharmacies wholesale now.
They state:
New Law: July 1st 2024
WHAT DOES THE RETAIL VAPE BAN MEAN?
The TGA (Therapeutic Goods Administration) in Australia has implemented stricter regulations on the retail sale of all vaping products. Here are some key points on what this means for customers:
- Prescription Requirement: All Australian Customers will need a prescription from a registered Australian doctor to purchase vaping products legally from a pharmacy.
- Pharmacy Access: Vaping products can ONLY be purchased from pharmacies with a valid prescription. This provides a controlled and safer environment for distribution.
CAN I STILL BUY ACCESSORIES FROM VAPE RETAILERS ONLINE?
In general no! Most vape parts and accessories that attach to a vaporizer require a permit. These are also restricted to be purchased from a pharmacy. We are working with the TGA to get more clarification around accessories and bubblers to supply to pharmacies.
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Another interesting note:
( ^ presumably regarding nicotine vapes, as it is not in the cannabis hub)
Since the Australian Government first announced its intention to regulate the supply of vapes on 2 May 2023, sponsors, manufacturers, and non‑pharmacy retailers have been encouraged to run down their stocks before the changes took effect.
From 1 July 2024, it is unlawful to import, manufacture, supply or possess for commercial purposes any vapes that do not meet the requirements under the Therapeutic Goods Act 1989.
The commercial possession restrictions prohibit:
- any person possessing a commercial quantity or more of vapes (currently 14 vaping devices, 90 vaping accessories or 600mL of liquid vaping substance), or
- a retailer possessing any vapes on retail premises,
subject to limited exceptions for personal use and persons involved in the legitimate pharmacy supply chain.
The maximum penalties that will apply are up to 7 years in jail per offence and/or up to $2.191 million per contravention for an individual and $21.91 million per contravention for a corporation.
Transitional arrangements will apply to businesses who possessed vapes on 30 June 2024 if those goods were lawfully imported, manufactured and supplied to them (as relevant) before that date. This includes retailers, wholesalers, manufacturers, importers, exporters, researchers, and transportation, storage and waste disposal service operators.
The transitional arrangements will operate for a limited period and require certain action to be taken and conditions to be met. Some arrangements will enable businesses to continue moving vapes within the lawful supply chain, subject to strict controls.
More detailed guidance will be provided shortly. Anyone who is in this situation should not supply the products and should hold them in a secure location until further advice is provided.
The changes do not penalise possession of vapes by individuals for personal use.
New prohibitions on possessing vapes are targeted at the commercial and retail suppliers of unlawful vapes and black market supply chains.
Some states and territories prohibit consumers possessing any unprescribed nicotine vapes and these prohibitions continue to operate.
No prohibitions apply to possession of less than a ‘commercial quantity’ of vapes.
Until 30 September 2024, the commercial quantities are:
- 14 vaping devices,
- 90 vaping accessories, and
- 600mL of liquid vaping substance.
From 1 October 2024, the commercial quantities will be:
- 9 vaping devices,
- 60 vaping accessories, and
- 400 mL of liquid vaping substance.
However, if you are possessing vapes as a retail worker or owner, smaller quantities apply while you are on the retail premises where you work – see ‘retail workers and owners’ section below.
While you can possess a personal quantity of vapes, serious penalties apply if you supply any vapes. The maximum penalties that will apply are up to 7 years in jail per offence and/or up to $2.191 million per contravention for an individual.
If vapes are lawfully supplied to you by a pharmacist for smoking cessation or the management of nicotine dependence (or you obtained the vapes in the past under a supply pathway that was lawful at that time), you can have up to:
- 70 vaping devices,
- 450 vaping accessories, or
- 3,000mL of liquid vaping substance
in your possession for your personal use.
From 1 October 2024, these amounts will be reduced to:
- 45 vaping devices,
- 300 vaping accessories, and
- 2,400 mL of liquid vaping substance
that may be possessed for personal use.
If you work in retail (for example, you work in a convenience store, milk bar, café or restaurant, or a warehouse attached to a retail store), you may only possess:
- 2 vaping devices
- 4 vaping accessories or
- 60mL of liquid vaping substance
for your personal use while on the retail premises where you work.
Persons entering Australia by ship or aircraft may bring a small quantity of vapes under a traveller’s exemption.
The vapes must be for use in the treatment of the traveller or someone the traveller is caring for, who is entering Australia on the same ship or aircraft.
The maximum allowable quantity is:
- 2 vapes
- 20 vape accessories (including cartridges, capsules or pods), and
- 200 mL of vape substance in liquid form.
Vapes that contain substances that are controlled drugs under regulation 5 of the Customs (Prohibited Imports) Regulations 1958, such as cannabis, are not counted in the above limits.
Further information from the Australian Border Force (ABF) for travellers bringing goods into Australia can be found here: Can you bring it in? (abf.gov.au)- external site
Vapes cannot be purchased from overseas retailers or websites for personal use, even with a prescription.
ABF officials can seize and destroy goods at the border that are suspected to be unlawful imports.
There are significant penalties for unlawfully importing vaping goods.
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So that's all pretty confusing. Apart from them not specifying ANYTHING about cannabis vapes yet.
Also worth noting, https://www.sydneyvaporizers.com.au/ states "Due to the new laws regarding the sale of vapes in Australia, the ONLY items available for sale to the Australian public on this site are: Bubblers, Vape cases, Grinders and WPAs
So which is it?!