New vaping laws in Australia: detailed explanations
The Albanese government initially proposed a pioneering global reform that would have restricted the sale of vapes only to pharmacies, requiring a prescription from a GP or nurse practitioner. This measure had received the support of more than 50 public health organizations, influential medical groups, as well as various social and educational groups.
However, Health Minister Mark Butler announced a deal with the Greens that significantly watered down the proposed rules, abandoning the prescription-based model.
How will vapes be sold under the new agreement?
Vapes will still be legally available only from pharmacists for adults, without requiring a prescription. Other retailers, such as tobacco shops or gas stations, will still not be able to sell vapes legally. Starting in October, people wishing to purchase vapes at pharmacies will need to show identification proving they are 18 or older. Data on vape purchases will not be recorded, and details are missing on how pharmacists will evaluate adults requesting vapes.
Pharmacists will need to advise approved individuals to purchase vapes, and this task cannot be delegated to a pharmacist assistant. The exact content of this advice remains to be clarified.
When will the changes come into effect?
If the amended reforms are passed, it will still be illegal, starting July 1, for any retailer to sell vapes or related products, regardless of their nicotine content. Due to last-minute changes, pharmacists are not yet prepared to provide vapes outside of the prescription-based model.
So, from July 1, the prescription-based model will remain in force, then, from October 1, pharmacists will move to the over-the-counter model with advice.
Will teenagers be able to buy vapes legally?
No, unless they have a doctor's prescription. Under 18s will still need to obtain a prescription for therapeutic vapes if their healthcare practitioner believes it is clinically appropriate to help them quit smoking tobacco.
Will there be criminal penalties for vaping?
The amended legislation will explicitly state that possession of personal quantities of any type of vape will not be subject to criminal prosecution. A personal quantity has been set at nine vapes, of any type, regardless of their origin. An eight-month amnesty period for personal possession will be introduced.
Retailers and those found guilty of illegally importing vapes for sale will still face hefty fines of up to $2,2 million and up to seven years in prison, as provided for in the original legislation.
What will the products look like?
Vapes sold in pharmacies cannot be displayed. They will be packaged in simple and regulated medical packaging to guarantee maximum nicotine concentration levels. They will only be available in mint, menthol and tobacco flavors.
What details are still missing?
Despite claims that no data will be recorded for those requesting vapes in pharmacies, any medication available only in pharmacies without a prescription generally requires data recording in the event of adverse effects.
Questions remain about how the success of the program will be measured if baseline data is not recorded.
Questions also remain about the effectiveness of the rapid and effective implementation of the ban on vape sales by other retailers, as well as the ability of governments to combat the sale of vapes on the black market.
Given that pharmacists have expressed their disagreement with the amendments, it remains to be seen whether they will be willing to sell over-the-counter vapes starting in October.
What reforms are already in place?
Since January, the importation of disposable vapes has been prohibited. More than 2,5 million vapes have been seized since then. From March 1, other regulations took effect, including banning the importation of all vapes without a license and permit, closing the personal importation regime for vapes, and strengthening quality standards and safety for therapeutic vapes.
ULTIMATE TURNOVER
Breaking news as the Anglo-Saxons say. While we are writing this article, we learn that under pressure from the “Australian Greens” party, with which the Australian government is forced to legislate due to lack of a majority, the law in question has been amended. The modifications relate exclusively to the obligation to have a prescription in order to be able to purchase a vaping product from your pharmacist. In fact, this constraint has just fallen.
Stay tuned!
