BUFFALO, N.Y. (WBEN) – The vaping industry is exasperated over Albany's decision last month to legalize marijuana. It came less than a year removed from the state's previous decision to ban the sale of flavored e-cigarettes at vape shops throughout New York.
Since last May 18, it has been illegal for flavor nicotine vapor products to be sold in New York.
"The ban on flavored nicotine vapor products will protect our children, who, thanks to the tobacco industry's marketing efforts, have been using vaping products at alarming rates," New York State Commissioner of Health Dr. Howard Zucker said at the time.
When the state legalized the adult recreational use of marijuana, it was seen as a double-standard since there will likely be a market of flavored marijuana products, such as THC-infused gummies, candies, brownies, and other products. New York is allowing those age 21 and older to buy up to 24 grams of concentrated cannabis in the form of "oils, tincture, edibles, vapes, etc."
Vaping advocates argued that their products were beneficial to get people away from smoking cigarettes.
"E-Cigarettes are a harm reduction product that gets people off of cigarettes, which are the most deadly, combustible products on the market," Spike Babaian, Technical Analysis Director of the New York State Vapors Association and owner of VapeNY in New York City, said. "These products are actually saving lives."
Babaian was supportive of the state's decision on March 31 to legalize adult-use marijuana saying its use for those age 21 and older is justified so that it's out of the hands of younger people.
"But the same people that wrote this justification banned flavored products," she said. "Why does it apply to that and not apply to flavored vaping products that adults need to remain smoke free?"
The state's ban on flavored vape products has had an overwhelmingly negative impact on the vape shops because they now have less inventory than before. They are only limited to selling flavorless and tobacco-flavored nicotine vapor products. Babaian said she lost more than 90% of her business because of the ban.
Doctors have not advocated the use of vaping products but have said they are less harmful than smoking cigarettes.
The 2020 flavor ban confirmed concerns held by Dr. Frank Michalski, the owner of Northtown Chiropractice and Injury Rehab in East Amherst and Addiction Recovery Coach at Addiction Mindset. While he said the ban was a step in the right direction, he worried high schoolers could easily buy flavored products off social media sites like Snapchat and other online retailers.
"Many of these younger people weren't actually going into stores," Michalski said. "Until we actually discussed this interview, I actually forgot there was a vape ban on flavors because most of the product we see come through our doors are flavor vape products."
Michalski said the ban on flavored vaping products gave way for flavored nicotine pouches to enter the market more aggressively. Babaian said the ban has resulted in some non-licensed companies selling the product under the table for cash.
Marijuana's legalization in New York is a double-edged sword for chiropractors like Michalski. On one end, he advocates the use of CBD and medical marijuana and cannabis to be used to help clients. However, he worries there will now be a similar problem with kids having access to flavored marijuana as they still do vaping products.
"It's an endless number of products that you're going to see," Michalski said.
Michalski is worried that young people will become addicted to marijuana, saying there's been an increase in use among high schoolers over the last three years.
"One of my biggest fears with legalization isn't legalization," he said. "I think it's a great thing. But there is a population of younger people who are really struggling with addiction to marijuana and they don't know what to do. It's making it very confusing for them. They already have limited resources for help and now they feel even more thrown off."
Babaian said she initially had no interest in getting into the marijuana retail business but is considering to now as a way to keep her business afloat.
