@thecatspjs wrote:
@lyndal1838 wrote:
Joe, Joe, Joe......what part of e-cigarettes are not illegal do you not understand. If they are allowed in hospitals it would suggest to me that they are indeed safe and can be used as they do not contain nicotine.
lyndal, can you please enlighten me as to why the supreme court judgement in WA that prohibits their use (
regardless of whether nicotine is involved) is not relevant ?
also why is not Quitline's or other health authorities worthy of consideration ??
The WA supreme court decision does not prohibit the use nor personal possession of e cigs not copntaing nicotene.
The WA court decison prohibits the commercial SALE of said items in WA whether they contain nicotene or not.
A western australian can purchase an e cig from a lawful retailer in other states (that does not contain nicotene) and
use same legally in WA.
http://www.quit.org.au/resource-centre/policy-advocacy/policy/e-cigarettes1 Are electronic cigarettes legal?
Under Victorian poisons laws, the sale, possession and use of nicotine in the form of an electronic cigarette is currently against the law.
The only way that people can lawfully buy and use electronic cigarettes containing nicotine is by importing them for personal use under the Therapeutic Goods Administration personal importation scheme, which requires a medical prescription. Without a medical prescription, importing electronic cigarettes or refill vials that contain nicotine (including by ordering them online) is against the law in every state and territory in Australia and so is the possession and use of those products.
This is because nicotine that has not been medically prescribed is considered a ‘dangerous poison’ under drugs and poisons laws.
There are also electronic cigarettes that do not contain nicotine.
These products can be sold in retail stores so long as the manufacturers do not make ‘therapeutic’ claims – for example, claims that the products can help people quit smoking.
Only products that have been approved by the Therapeutic Goods Administration can be marketed as quitting aids.
So far, no electronic cigarette has received approval from the Therapeutic Goods Administration.
Laws in other states and territories might differ to laws in Victoria.
For example, some states (Western Australia, South Australia and Queensland) specifically prohibit the sale of products that are designed to resemble/ resemble tobacco products, meaning that it will be against the law in those states to sell many non-nicotine electronic cigarettes.
There are currently no bans on selling such products in Victoria.
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