The law basically makes it really hard to sell "Electronic Nicotine Delivery Systems"
So the first thing you need to do is look at the definition of "Electronic Nicotine Delivery Systems"
—The term ‘electronic nicotine delivery system’— ‘‘(A) means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device"
So the question now centers on what an "aerosolized solution" means. The law does not define "solution". So then we'll have to turn to generally accepted meanings and according to Webster "solution" means
a liquid mixture in which the minor component (the solute) is uniformly distributed within the major component (the solvent).
Okay so this looks good for Dry herb vape devices. Dried flower is clearly not a solution. Sure when you heat it, it creates an aerosol, BUT the source of the aerosol is NOT a solution.
So then we have to move on to dabs. This is big more complex. If you've added terpenes you've created a solution. But lets start with heat-pressed rosin (from dry herb or dry sift) either way it's hard to call this a solution.
To me it seems dry herb vaporizers should be in the clear, however those that advertise as dual-use concentrate devices might have a problem since you CAN put a solution in there and aerosolize it. That would be a terrible stretch of the term Electronic Nicotine Delivery Systems, but in general Government HEALTH regulators are terrible.
But what about distillate(mail order D8 and CBD stores)? If the residual solvents have been completely removed, I guess it's possible distillate could escape this definition, but once again if you add terpenes, I think you're screwed. But then again if you are only selling syringes, as opposed to vape carts, you might avoid this definition.
What we need is a push from Big Cannabis to get a rules "clarification" exempting devices primarily intended dry herbs. But it seems pretty hopeless right now for ModBoxes. I'm stocking up on a few more Ravages.
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