[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

George Zimmerman sues Trayvon Martin’s family & state prosecutors for $100mn, says ‘false evidence’ used in murder trial

“Lieutenant” Pederast

COME SPY WITH ME Ghislaine Maxwell and Jeffrey Epstein were spies who used underage sex to blackmail politicians, ‘ex-handler’ claims

How Bad Are Congressional Republicans?

The Supreme Court and the Right To Keep and Bear Arms

The Panopticon Expands

63 million Americans vs. 3 liberal professors

A.G. William Barr Says Police Might Stop "Protecting" Us If We Aren't Nicer to Them. (If Only It Were That Easy To Get Rid of Bad Cops.)

Tucker Investigates: What is destroying rural America?

Impeachment hearings live updates: Professors called by Democrats to testify that Trump’s conduct is grounds for removal from office

Abolish the CIA

George H. Walker Bush: The Bush Family and the Mexican Drug Cartel

Prince Andrew's bombshell email to Ghislaine Maxwell uncovered

Top Cop Who Received Award for ‘Keeping Children Safe’ Arrested for Molesting Children

Daughter of Police Chief in Starbucks Pig Outrage, Says Her Dad is ‘Absolutely a Pig’

Asset Forfeiture and the Destruction of American Liberty

The Outrage Industry’s Latest Child Soldier

It Snowed Last Night and I made a snowman.

Betraying the Constitution: Who Will Protect Us from an Unpatriotic Patriot Act?

How I Survived for 3 Years as a Libertarian Cop

SEE YOU ON THE DARK SIDE OF THE MOON

Cop who Killed Wife taken to Hospital, not Jail, after Claiming he "Blacked out"

Oregon Supreme Court Shuts Down Pretextual Traffic Stops; Says Cops Can't Ask Questions Unrelated To The Violation

DemocraTs ... Signal DefeaT --- on ImpeachmenT !

The Greatest Story Ever Told

Buttigieg turns to black pastor to discuss racism, poverty

It Snowed Last Night And…..

Anonymous Couple Buys Waitress a Car After Learning She Walks 14 Miles for Work Every Day

A.I. Could Bring a Sea Change in How People Experience Religious Faith

Unusual Letters To Dear Abby

Autistic Boy Heartbroken After Cops Raid Wrong Home, Kill His Boxer Service Dog

FDA Designates Psilocybin as “Breakthrough Therapy” for Severe Depression

Cops Force K9 to Maul Innocent Sleeping Blind Man in His Own Home

Innocent Man Jailed for 6 Months Until This Video Proved the Cop is a Lying Criminal

AGWs Shoot Unarmed Woman Seven Times (She was toting a shovel)

CIA Drug Smuggling and Dealing: The Birth of the Dark Alliance

Nation's Progressives Give Thanks That They Have So Much To Be Angry About This Year

Chick-Fil-A Donates to Extremist Southern Poverty Law Center

Overkill: 13-Year-Old Student Handcuffed, Arrested, Charged With Felony & Criminally Prosecuted for Pointing Imaginary ‘Finger Gun’ at Classmates

PUTINISM 101

Obama warned he would intervene to stop Bernie, had cutting words for Biden: report

Trump’s Toadies Should Take Note: Watergate Says Everyone Goes Down

WE NEED MORE CONTRIBUTING MEMBERS ON THIS FORUM

America Beware—Adam Schiff Represents a Sign of the Times

Buttigieg claims 2nd, Warren sinks in new US 2020 poll

Sprite Argentina Ad Features Parents Helping Their Children Cross-Dress

The 2019 American Music Awards: It Was Hell. Literally.

Remembering WKRP’s Hilarious “Turkeys Away” Episode

Tucker Carlson Details DC Swamp Syria False Flag

Archery: Will it EVER be the same again? Wow.


Status: Not Logged In; Sign In

United States News
See other United States News Articles

Title: Pending Ban on Flavored E-Cigarettes in Massachusetts Authorizes Forfeiture of Vapers' Cars
Source: Reason
URL Source: https://reason.com/2019/11/14/pendi ... zes-forfeiture-of-vapers-cars/
Published: Nov 15, 2019
Author: Jacob Sullum
Post Date: 2019-11-15 21:31:53 by Deckard
Keywords: None
Views: 62
Comments: 3

The bill, which the state House passed yesterday, says police may seize vehicles in which they find untaxed vaping products.

ecig-liquid-vape-lounge-big

(Vape Lounge)

According to the Institute for Justice, Massachusetts has "the worst civil forfeiture laws in the country." It looks like state legislators are about to outdo themselves.

The Massachusetts House of Representatives yesterday approved a bill that would ban flavored e-cigarettes, impose a 75 percent excise tax on "electronic nicotine delivery systems" (including e-liquids as well as devices), and authorize forfeiture of cars driven by vapers caught with "untaxed" products. The House approved H4183 by a vote of 127 to 31, and the state Senate is expected to consider it next week.

An "emergency" ban that Gov. Charlie Baker (R) imposed on all vaping products in September will expire on December 24. This bill permanently bans "flavored tobacco products," including menthol cigarettes as well as vaping liquids that taste or smell like anything other than tobacco. It does not apply to hookah bars or marijuana vapes.

Rep. John Mahoney (D–Worcester), chairman of the Joint Committee on Public Health, claims e-cigarette flavors "were created and designed for one reason only—for young people to become addicted to nicotine and to become lifelong users." Since adults who have switched from smoking to vaping overwhelmingly prefer flavors other than tobacco, that statement is either shockingly ill-informed or brazenly mendacious.

Once their preferred flavors are no longer legally available, some of those vapers may go back to smoking, a far more dangerous habit, while others may buy potentially tainted pods or e-liquids on the black market. Or they might buy flavored e-liquids in states where they are still legal and bring them back to Massachusetts. But vapers who try to find ways around the ban should be aware of the potential penalties.

The bill says "a person who knowingly purchases or possesses an electronic nicotine delivery system not manufactured, purchased or imported by a licensed electronic nicotine delivery system distributor or licensed electronic nicotine delivery system retailer shall…be subject to a civil penalty of not more than $5,000 for the first offense and not more than $25,000 for a second or subsequent offense." But that's not the worst of it.

The bill also says a police officer who "discovers an untaxed electronic nicotine delivery system in the possession of a person who is not a licensed or commissioner-authorized electronic nicotine delivery system distributor" may seize both the product and the "receptacle" in which it is found, "including, but not limited to, a motor vehicle, boat or airplane in which the electronic nicotine delivery systems are contained or transported." Such property "shall be turned over to the commissioner [of revenue] and shall be forfeited to the commonwealth." The commissioner may then sell the seized property and "deposit the proceeds in the General Fund."

Dan Alban, a senior attorney at the Institute for Justice who has been fighting forfeiture abuse for years, was astonished by this provision. "This is completely insane and endangers the property rights of anyone in Massachusetts," he says. "Even if you don't have an 'untaxed electronic nicotine delivery system,' are you going to search every passenger in your vehicle? It is as though someone wanted to highlight the indefensibility of forfeiture via reductio ad absurdum. Does 'receptacle' include a house as well?" Alban says the provision's only redeeming feature is that the proceeds from forfeitures would go into the state's general fund, rather than the budgets of the police departments that seize the property.

While both fines and asset forfeiture could be deployed against distributors of newly illicit vaping products, they apply to consumers as well. "A resident of the commonwealth shall be liable for the collection of the excise on all electronic nicotine delivery systems that are in the resident's possession at any time and upon which the excise has not been paid by an electronic nicotine delivery system distributor or electronic nicotine delivery system retailer," the bill says. "There shall be a presumption that the excise on the electronic nicotine delivery system has not been paid and that the resident is liable for such excise if a resident, upon demand, fails to produce or exhibit to the commissioner or the commissioner's authorized representative an invoice or sales receipt by an electronic nicotine delivery system distributor or electronic nicotine delivery system retailer for an electronic nicotine delivery system in the resident's possession."

In other words, a vaper is presumed to be in possession of "an untaxed electronic nicotine delivery system," which makes his car subject to forfeiture, unless he has receipts that prove otherwise. And in the case of newly illegal vaping products purchased out of state or on the black market, he will have no such proof.

Under this bill, unapproved vaping products would be treated like illegal drugs, possession of which is enough to justify forfeiture of the vehicles in which they are found. Massachusetts is poised to deprive vapers of the harm-reducing products they used to quit smoking, then steal their cars if they dare to defy that unjust and irrational edict.

"Over the objections of most local lawmakers, Massachusetts voters voted to end marijuana prohibition three years ago," says Gregory Conley, president of the American Vaping Association. "Now it appears that legislators are searching for a new drug war to fight. No adult should have to travel with receipts in their pockets at all times under the threat of having their vehicle seized by police for daring to use a flavored nicotine product. Based on what we know from the disastrous war on marijuana, inevitably it will be poor and marginalized communities that will feel the pain from laws like this. This is what happens when you have legislators who not only don't understand what they are banning but are also insistent upon rushing a bill into law."

(2 images)

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Deckard (#0)

I don't smoke, and I don't vape.

But this is insane. If this crap continues, where will it end ?

The citizens of Massachusetts should surround the capital, with vats of tar, bales of feathers, torches & pitchforks and remind those pompous assholes who they work for. While they are at it, deliver the same message to the party leaders in each county !! Then next election, vote them all out.

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

"No one ever rescues an old dog. They lay in a cage until they die. PLEASE save one. None of us wants to die cold and alone... --Dennis Olson "

People that say money can't buy you happiness, have never paid an adoption fee

Stoner  posted on  2019-11-16   11:04:36 ET  Reply   Trace   Private Reply  


#2. To: Stoner (#1)

How can government criminalize something that preexists their legislation? "I bought my vape juice before it was taxed". Govt says TOO BAD, and we are taking your vehicle too.

Seriously the only way this ends in a win for Freedom and Liberty is from a metal can. Government will take away your freedom, your property, every dime you will ever earn, and your life. Americans are afraid to stand up and make them stand down. Americans are afraid of going to jail for refusing to pay taxes.

I really hate what the African-Am's preach about taking cops out, but they are the enforcement arm of the governments overreach. Think what it would be like if cops were so afraid to contact anyone that they only worried about real criminals.

THIS IS A TAG LINE...Exercising rights is only radical to two people, Tyrants and Slaves. Which are YOU? Our ignorance has driven us into slavery and we do not recognize it.

jeremiad  posted on  2019-11-17   17:21:24 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

If it can save Just One Life...

rustynail  posted on  2019-11-19   15:09:18 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com