Why there aren’t any vapes on the cabinets in Ontario
Harrison Jordan January 13, 2020
Jesse Milns / Leafly
Despite the introduction of 2.0 cannabis products in the country, such as extracts and food, Ontario consumers are unlikely to see vaporizer products on store shelves, including cartridges, batteries, and disposable vapes.
However, it is not that bad because consumers can still buy it.
Cannabis vaporizers, however, fall under a law that was originally enacted for non-cannabis e-juice vaporizers, making it illegal to display any type of electronic vaporizer.
Neither cannabis vaporizers, their batteries, or oil cartridges can be viewed, viewed, or handled by customers prior to purchase.
This means that while licensed retail stores across Ontario can actually display cannabis and supplies that advertise potentially unsafe inhalation methods such as bongs and pipes, they cannot display or manipulate any part of a vaporizer prior to purchase – whether for dried ones Cannabis or packed with cannabis oil.
These include “e-substances” such as the cartridges that contain cannabis oil.
In addition, the law also applies to the outer packaging of these products, according to which cannabis shops must treat them like tobacco cigarette packs that have to be hidden in the shop.
This is due to a law that prohibits the issuing of e-cigarettes in the province. This law stems from a 2015 law draft by Kathleen Wynne that attempted to limit the promotion of e-juice vapes to teenagers.
Here's the thing: the bill should never cover cannabis, or at least the provincial legislative debate at the time seemed to focus solely on the type of vaporizer containing nicotine and e-juice.
However, since electronic cigarettes are so broad in legislation, they record and continue to record all cannabis vapes.
Since the law came into force a few years ago, headshops have been able to offer their dried cannabis vaporizers for sale, but no longer offer it.
Stores typically meet the requirement by replacing the display or products with a file folder that contains photos and descriptions of the vaporizer items available for purchase.
As of January 1, 2020, all stores that are not designated as "Specialty Vape Stores" and AGCO licensed cannabis retailers can only promote vaporizer products through such a document (such as a binder) and are limited in size and content of the signs with which they can advertise the products.
Cannabis retail stores are now in the position where headshops were located: you can advertise vaporizers as you wish, but you cannot issue them with their packages or have customers view or edit them before buying.
Despite the fact that, by law, no one under the age of 19 can enter a cannabis shop. Shops and the like do not see this age restriction.
On January 8, one of the first days that Ontario retailers started selling food and oil tablets to consumers as part of Rollout 2.0, Leafly visited downtown Toronto cannabis retail stores and saw at least one licensed store , in which cannabis packs were publicly exhibited oil cartridges before purchase and even open 510 loose cartridge batteries for purchase next to it.
Regarding his dried cannabis vaporizers for sale, the store instead had the binder available to consumers to see pictures and statistics of each vape. They haven't extended the binder restriction to their cannabis oil-containing vape products.
Another store in downtown Toronto seemed to meet requirements on the same day.
This had shelf space for the dried cannabis vaporizers they sell, but showed photos of each unit instead of the actual packaging. Vapes containing cannabis oil were nowhere to be found in the showroom, and customers had to ask Budtender about their options, which were read to them.
It doesn't make much sense that cannabis shops can display cannabis and other accessories such as bongs and pipes that require harmful smoking, but not even the vaporizer packs, which may be safer. In addition, teenagers under the age of 19 cannot legally enter cannabis stores anyway.
The state government could change the law by simply amending the law. This is what they did primarily to exempt licensed cannabis stores from advertising bans, but not from the provisions that prohibit their display on the shelves or handling before purchase.
So, if you don't see cannabis vaporizers on the shelves of your local Ontario cannabis store, don't fret.
Ask if they offer any for sale before leaving empty-handed, as some – legally – may not be visible.
Harrison Jordan is a graduate of the Osgoode Hall Law School in Toronto and enjoys reading and writing about the regulatory affairs of cannabis in Canada and around the world.
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