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harm reduction

The Digital Economy Minister Crusading to Legalize Vaping in Thailand

By Yaël Ossowski

Thailand’s Minister of Digital Economy and Society Chaiwut Thanakamanusorn

In our work promoting smart policies on harm reduction around the world, the Consumer Choice Center is often engaged in battles to stave off vaping flavor bans or tax hikes that will harm consumers and smokers looking to quit.

And while those efforts are vital to individuals moving away from tobacco in liberal democracies, there are countries outside that sphere that still maintain outright bans or harsh restrictions on vaping and harm-reducing technologies – depriving millions of a less harmful method of consuming nicotine.

That’s why political leaders like Chaiwut Thanakamanusorn, Thailand’s Minister of Digital Economy and Society, are worth highlighting.

Recently, Minister Thanakamanusorn has come out in favor of legalizing vaping in order to address the high number of smokers in Thai society. He wants to join the 67 countries around the world that have legalized vaping as a means of giving smokers an option to quit.

Speaking to the Bangkok Post, he’s become convinced of this position because he believes “vaping could be a safer choice for those struggling to quit smoking, adding there were at least 10 million smokers in the country.”

According to Public Health England, vaping products are at least 95% less harmful than combusted tobacco, and they have become integral in reducing smoking rates in developed countries like New Zealand, the UK, the United States, and Canada.

But vaping has yet to achieve significant acceptance or legality in many countries in Asia.

At present, total smoking prevalence among the Thai population hovers around 19%, and approximately 37% of all men.

As such, Thailand has long been a target of anti-smoking activists and health groups over the years to crack down on tobacco use. Both domestic and international groups have spent millions to reach the goal of achieving a total 30% relative drop in tobacco use.

One research organization at Thammasat University in Bangkok has been given grants as part of a $20 million global project by Michael Bloomberg’s charity Bloomberg Philanthropies to “monitor” tobacco regulations and push for bans on alternative technologies like vaping.

This follows Michael Bloomberg’s efforts at depriving adoption of harm-reducing nicotine products in developing countries like the Philippines, India, and others, as we have explored below:

Those funds, as well dispersed amounts from the UN’s Framework Convention on Tobacco Control, have been granted as a condition of certain regulations.

Thailand became the first Asian country to adopt “plain packaging” restrictions on cigarettes in 2019, and passed a harsh tobacco control measure that outright banned vaping products, restricted tobacco advertisements, and outlawed online sales.

Despite the millions spent, Minister Thanakamanusorn points out that it isn’t as effective as the activists claim, and hence he wants to look at vaping as a sustainable market alternative.

The effort to legalize vaping, however, will come with significant opposition. Both domestic doctor groups and the FCTC, as well as Bloomberg’s foundation, have put pressure on the government to enforce a continued ban on vaping products.

They are joined in their efforts by Thailand’s own state tobacco monopoly, Tobacco Authority of Thailand, which makes an annual revenue of 2 billion USD and would see a significant setback in state revenues if smokers were to switch to vaping products.

Considering the odds stacked against Chaiwut Thanakamanusorn’s vision for legalizing vaping in Thailand, it is clear that more voices will need to be heard in the debate.

Overall, we hope for a future that embraces the science of harm reduction and will allow the citizens of Thailand to use the same products that have helped millions of smokers quit in developed countries – if only the government lets them.

Yaël Ossowski (@YaelOss) is deputy director of the Consumer Choice Center.

Yaël Ossowski Interview on Savannah TV: Vaping Tax Hurts Poor Consumers

Consumer Choice Center Deputy Director Yaël Ossowski is interviewed on WSAV TV in Savannah, Georgia on the proposed 7% tax on vaping products.

Broadcast: July 6, 2020

Narcos 3.0: Mexico declares War on Vaping and repeats old prohibitionists mistakes

When Mexico’s far-left President Andrés Manuel López Obrador (or short AMLO) ran for office in 2018, he and his platform promised an end to the decade-long war on drugs in Mexico. He acknowledged that prohibitionist policies cause more harm than they do good. Ironically that same President issued a surprise presidential decree on February 19 banning the import of e-cigarettes, vapes, and heated tobacco products. The order even forbids the import of nicotine-free vaping liquids.

The Presidential decree relies heavily on scare tactics, invoking the U.S. “vaping crisis” to justify Mexico’s ban. But even the U.S. CDC and AMLO’s decree concede the “vaping crisis” was actually caused by illicit black market vaping liquids. Pushing Mexican vapers to the black market will exactly cause what the order claims it is trying to prevent: more lung diseases.

Even before this decree, Mexico had opaque vaping regulations, that had to be clarified by a supreme court ruling and allowed at least certain manufacturers to sell e-cigarettes to the country’s roughly 1.2 million vapers.

These vapers are now being left alone with no access to nicotine products that are less harmful than conventional cigarettes, and that in times of lockdowns and people spending most of their week at home thanks to COVID. Two scenarios are most likely to happen if the decree does not get annulled:

  • Narcos 3.0: Mexico has a well developed black market for illicit substances, and, as regular Netflix viewers know, it serves as a massive transit hub for the global drug trade. It wouldn’t take much for organized crime to either smuggle legal vaping products from neighboring countries into Mexico and sell them on the black market or (even more concerning) sell counterfeited vaping liquids to Mexican vapers. The vaping crisis in the United States, which the Presidential decree instrumentalizes for its ban, was caused by illicit black market vaping liquids. Pushing Mexican vapers to the black market will exactly cause what the order tried to prevent: More lung diseases. 
  • Back to the ciggie: Even is the more dramatic scenario of a booming vaping black market might not come true (mainly due to the low margins on nicotine products compared to Cannabis or Cocaine), we would still see over a million vapers left behind. It is more likely that most of them will switch back to smoking regular cigarettes instead of switching to nicotine patches or entirely quit. That, in turn, would also lead to worse public health outputs.

We can see that AMLO’s decree will have serious, negative unintended consequences contrary to its own objectives.

Perhaps the most concerning is that the World Health Organization lauded Mexico’s vaping ban as a public health achievement, it fails to recognize that Mexico’s anti-vape stance will keep smokers and nicotine consumers locked in with combustible cigarettes. This policy deprives them of the choice to switch to the 95% less harmful vapes. The Consumer Choice Center’s interactive vaping map shows that up to 3.3 million additional Mexican smokers could switch to vaping if the government would emulate the UK’s progressive and science-based vaping laws.

 

Better vaping policies could help millions of Mexicans

So instead of cracking further down on vaping, Mexico should embrace tobacco harm reduction. Due to COVID and the parliamentary schedule, the Mexican Congress is currently out of session. Still, there is a window for legislative action when Congress returns to operation in the fall.

Consumer groups, vaping advocates, and the scientific community need to use this window of opportunity to explain more Mexican politicians and regulators the benefits of vaping and help busting myths around the United States’ vaping crisis. Initial protests against this misguided decree started already in March. This multi-lingual paper on the Myths and Facts on Vaping, written by my colleagues Yael Ossowski and Bill Wirtz explains the reasons behind the perceived vaping crisis in the US and is also available in Spanish. Probably an essential message in this paper for politicians is this one:

MYTH #3: VAPING IS THE CAUSE OF RECENTLY REPORTED RESPIRATORY ILLNESSES

Much cause for concern of late has been a flurry of reports of illness and hospitalizations blamed on traditional vaping devices and liquids. The CDC has reported nearly 380 cases of lung illnesses related to vaping. Sensational headlines and opinion articles have convinced leaders in several states and even President Donald Trump to consider banning vaping flavors outright.

But careful analysis of the reported cases reveals that a vast majority of the patients with symptoms were found to have used illicit vape cartridges mixed with the cannabis compound THC. 

A study in the New England Journal of Medicine that examined cases in Illinois and Wisconsin found that 84% of hospitalized patients report using illicit THC vaping cartridges prior to their illness. No illnesses have yet been tied to store-bought vaping pods or liquids containing nicotine.

To that end, two Wisconsin brothers were recently arrested in connection with a multi-million dollar operation that mixed various chemicals (including Vitamin E) with THC in cartridges meant for vaping devices, which they then sold illegally. Authorities have identified this large scheme spread across much of the Midwest as a culprit in the recent lung illnesses there.

What this reveals is that illicit vaping products sold on black markets, rather than licensed retailers, have actually caused the most severe of the lung illnesses reported in the media. 

As such, a ban on regulated devices and liquids, whether with flavors or not, would not address the problem as it currently exists.

By pushing vaping into the black market and Mexican vapers going back to the cigarette, AMLO will (despite the thunderous applause from the World Health Organization) further weaken Mexico’s public health outputs. If he is passionate about fighting lung diseases he should make access to legal and safe ways of consuming nicotine easier and not harder. Everything else is just a stimulus program for organized crime and lung specialists.

In light of COVID-19, what does banning flavored vaping achieve?

The nation is focused on containing a virus of mass proportions and mitigating the disastrous economic consequences of lockdowns.

But that didn’t stop Gov. Andrew M. Cuomo from cheerily pushing his flavored vape ban in the state budget passed a few weeks ago in Albany.

This follows Cuomo’s September 2019 emergency ban on vaping flavors, excluding tobacco and menthol, later struck down by the State Supreme Court because the governor “exceeded” his authority.

Now passed by the State Legislature, the new measure prohibits the sale of tobacco and vaping products in pharmacies, bans online sales, and restricts vape shops from selling any vaping liquid but tobacco flavor.

Move over drug dealers, flavored vapes are the new hot product to sling on the streets.

At a time when New York’s hospitals are overburdened with coronavirus patients, is this really the time for a ban that effectively creates a novel black market for unregulated flavored vaping products?

Demand for flavored vapes by responsible adults, the majority of whom are former smokers trying to consume nicotine in a less harmful way, may disappear from storefronts, but it’ll easily be replaced and sourced by street dealers with a new customer base.

The governor and his allies claim the measure was necessary to prevent teen vaping and lung illnesses, but that’s false on two counts.

First, this measure punishes adult smokers who’ve found alternative products to protect kids who seek out risky products — as they’ve always done. Mind you, the state hates flavored vapes, won’t dare touch alcohol ice cream cones, and is considering legalizing cannabis in the next few months. The hypocrisy is blaring.

Shops selling vapes to kids were already breaking the law but not getting penalized. Rather than outsourcing the product to the black market — where dealers don’t ask for ID — we should implement harsher penalties on shops that sell to underage kids. Simple.

When it comes to lung illnesses caused by vaping, the CDC has repeatedly stated this was the result of illegal vape cartridges containing THC, not nicotine. This is like banning Bud Light in hopes of tackling the running of moonshine.

By banning nicotine vaping flavors, New York is inviting yet more bad actors to produce their own products, beyond the purview of regulations and safety. Could we see a new wave of lung illnesses due to these bootleg products already found on the street?

Perhaps the state would focus more on the very real pandemic it is facing rather than trying to crack down on products that responsible adult users depend on to quit smoking.

As late as February, Cuomo was lauding his anti-vaping efforts as “leading the nation in confronting this new and deadly epidemic.”

Little did he know he’d be consumed with a global pandemic of this magnitude just weeks later.

If you want to uphold public health, we must continue to fight for the legal production and sale of flavored vaping products.

Yaël Ossowski is deputy director of the Consumer Choice Center.

This article was originally published in Newsday

Therapeutic CBD oil doesn’t belong under restrictive Cannabis Act

The federal election is behind us, and all Canadians are probably pretty thankful for that.

That said, in what was arguably Canada’s most irritating, and cynical, election, no one spoke about Canada’s cannabis market. The opposition parties did not take aim at the Liberals for their mistakes, nor did the Liberals really use legalization as a talking point on their legislative success. Now that we have a minority government, it is important that this new government enacts change to make Canada’s cannabis market more open and consumer-friendly.

Much has been said regarding the issues with excise taxes, the federal government’s overly paternalistic marketing and packaging rules, and burdensome production regulations that have handcuffed producers. All of these missteps have hurt the attractiveness of the legal market, and that only benefits those who are selling cannabis illegally.

One mistake made in the Cannabis Act that hasn’t gotten any coverage is the federal government’s failure to differentiate appropriately between THC and CBD.

For those who don’t know, CBD (cannabidiol) is one of the over 100 cannabinoids found in the cannabis plant. On its own, it has a variety of medicinal and wellness uses. CBD can be used for pain in patients with disorders such as fibromyalgia and can be used to prevent seizures for people who suffer from neurological disorders such as epilepsy. It can also be used to treat common issues such as joint pain, inflammation, and act as a sleep aid. Most importantly, CBD is not an intoxicating substance like THC.

Because CBD products are not intoxicating, and have a significantly lower risk profile, they shouldn’t be treated the same as cannabis products with THC. All that would be required to right this wrong would be to remove non-intoxicating CBD products from the Cannabis Act altogether.

Quite simply, any CBD product with a THC concentration of less than 0.3 per cent (the U.S. legal standard) should be treated as a natural health product, and exempt from the rules and regulations of the Cannabis Act.

Removing CBD products from the Cannabis Act would have several immediate benefits for consumers. The first is that it would exempt CBD products from the overly heavy-handed marketing, branding and plain packaging restrictions set out in the Cannabis Act. Having cannabis regulated in the same way as tobacco was a huge mistake, given the differences in risks between products. Regulating cannabis like tobacco was a mistake, but treating CBD products like tobacco is downright comical.

Beyond the chance to peel back federal paternalism, the removal of CBD products from the Cannabis Act would allow for products to brand their desired impact, something that is currently, and irritatingly, illegal for all cannabis products. The current prohibitions are a huge disservice to consumers because they prevent them from being presented with more product information when making purchases. Public policy should encourage informed consumer decisions, not actively prevent them. Removing CBD from the Cannabis Act would allow for these products to free themselves from the silliness of the act’s marketing regulations, which will serve to empower consumers.

In addition to giving consumers more information through appropriate marketing and branding, removing CBD from the act would significantly increase consumer access. As it currently stands, non-intoxicating CBD products are only available via outlets that are licensed to sell cannabis.

This is problematic because for many consumers, the rollout of storefronts has been horrendous, with the government-run online alternatives taking days to deliver product. Removing CBD from the act would, overnight, allow for these products to be sold alongside other natural health products. It would also allow for products to become available in cities and towns that made the misguided decision to ban cannabis retail within their boundaries, as in Ontario. Increasing points of sale for CBD products would increase consumer access, which could help steer people away from the black market alternatives that currently exist.

Whether in co-operation with Andrew Scheer’s Conservatives, or Jagmeet Singh’s NDP, Trudeau needs to make changes to CBD regulations. Removing CBD from the act would be simple, and would actually be in line with concessions Health Canada has already made.

When the new regulations were announced for edibles, extracts and topicals, Health Canada explained that the excise tax would only be applied based on THC level, which means that CBD topicals, edibles or extracts wouldn’t come with any excise tax whatsoever. Removing CBD from the act would be a straightforward and consistent continuation of that regulatory correction. Most importantly, it would be a correction that would benefit consumers nationwide.

Originally published here


The Consumer Choice Center is the consumer advocacy group supporting lifestyle freedom, innovation, privacy, science, and consumer choice. The main policy areas we focus on are digital, mobility, lifestyle & consumer goods, and health & science.

The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at 
consumerchoicecenter.org

$1.1 billion worth of cannabis sold in Canada’s first year of legalization

One year after the legalization of recreational cannabis, Cannabis Benchmarks, a company that tracks cannabis prices, estimates that Canadian licensed producers have sold approximately 1.1 billion dollars worth of pot in the past 12 months, the equivalent to 105,000 kilograms—enough to fill almost two rail freight cars.

According to Statistics Canada, licensed retail outlets sold more than $100 million worth of pot in July, the fifth straight month that sales hit an all-time high.

However, some industry analysts believe those numbers would be much higher if not for the many stumbling blocks the industry has encountered in the first year of legalization. They cite several problems, ranging from non-compliant packaging to the failure of some producers to increase cultivation capacity in time to meet demand. But according to many analysts, the number one problem has been the regulators.

An article published by the Motley Fool, a financial services company, said federal regulators were not prepared to handle legalization of recreational cannabis. Health Canada had more than 800 cultivation, processing, and sales applications when the year started, but took several months or more to review them, the article stated. That “kept cultivators, processors, and retailers waiting in the wings to meet [consumer] demand.”

“There are many risks involved in overseeing cannabis and Health Canada tries to manage risk,” Alanna Sokic, a senior consultant for Global Public Affairs, told Leafly.  “The industry runs at breakneck speed and government does not.”

“Canadian licensed producers have sold approximately $1.1 billion worth of cannabis in the past 12 months, the equivalent to 105,000 kilograms—enough to fill almost two rail freight cars.”

Cannabis Benchmarks

Sales figures should be higher

Analysts have criticized some provinces for being slow to approve retail licenses. In Ontario and Quebec, for example, there are so few brick-and-mortar stores that many consumers are faced with the prospect of buying cannabis online—an unappealing option for the many consumers who want to see and smell their product before buying it legally—or getting it on the illicit market.

Many of them have chosen the latter route. The amount of legal cannabis Canadians have purchased in the past year (105,000 kilos) represents just 11.4% of the total amount they are thought to consume annually.

Canada’s most populous province has completely botched the rollout of the cannabis retail market according to analysts. After Doug Ford became premier of Ontario in June 2018, he announced that his government would award cannabis retail licenses through a lottery system. Two lotteries have been held so far.

This system has been fraught with problems, including inexperienced winners and concerns that some of them have sold their licenses on the illicit market.

“If you needed a brain surgeon, would you pick one through a lottery? Cannabis retail is best left to those who are knowledgeable and reliable,” BCMI Cannabis Report author Chris Damas told Leafly.

There are also indications the lottery system has been gamed by big players. A physical address was required for each entry. In the second lottery, in August, the average number of entries per each winning address was 24. One address was entered into the lottery 173 times. Each entry cost $75.

The amount of legal cannabis Canadians have purchased in the past year (105,000 kilos) represents just 11.4% of the total amount they are thought to consume annually.

Some of the applicants are so unhappy with the system they have taken their case to court. Eleven of them won the right to apply for a retail license through the second lottery but were later disqualified for not providing required documents by the regulator’s deadline. They responded by asking the court for a judicial review. The province’s plan to hold another lottery was suspended until Sept. 27, when the court dismissed the applicants’ request.

There are now just 24 retail outlets in a province that has a population of more than 14 million. “Ontario could support a thousand stores—and that’s a conservative estimate,” Damas told Leafly. “The provincial government blew it. If Ontario was punching at the weight it should be, Canadian sales numbers would be much higher.”

The Ford government attributes the slow rollout of retail to supply issues at the federal level. They say stores might go out of business if they open while there is limited cannabis supply. But as David Clement of the Consumer Choice Center stated in The Globe and Mail, the province doesn’t have the same approach when it comes to granting alcohol licenses for restaurants, bars, or clubs even though there is a high failure rate (60%) for these businesses.

Also, all the provinces are dealing with the same supply issues, yet some have done a much better job of establishing a cannabis retail market. For example, there are more than 300 retail outlets in Alberta, even though the province’s population is just 4.3 million—less than a third the size of Ontario’s population. Alberta outlets sold $124 million dollars’ worth of cannabis in the first eight months of legalization while Ontario outlets sold $121 million.

They key to Alberta’s success is its comparatively free-market regime, say analysts. The province’s regulatory body is the sole distributor of recreational cannabis just as it is in Ontario. However, in Alberta, anyone can apply for a license to open up a retail location. The opening of retail outlets is driven by market demand.

‘Gong show’ will get sorted out

“Sales numbers are what can be expected when some provinces (in the Prairies) embrace a free-market model and others don’t,” Damas said. “It has been a fiasco in certain provinces,” he said, referring to Ontario as well as Quebec, which has 22 stores and a population of eight million.

But Damas and other analysts are optimistic about the future of cannabis retail in Canada. Economist Trevor Tombe at the University of Calgary said in a tweet that “the gong show” in Ontario will get sorted out. Indeed, the province just announced it was launching consultations aimed at getting the private sector more involved in cannabis storage and delivery.

“Sales numbers are what can be expected when some provinces (in the Prairies) embrace a free-market model and others don’t.”

Chris Damas, BCMI Cannabis Report author

“If you look across Canada you will see a patchwork of regulation. Some provinces are performing much better than others because they have prioritized access,” Sokic told Leafly. “In the past year, some lessons have been learned. Provinces who haven’t prioritized market access are considering it so that they can accomplish their objectives. I think the future looks bright.”

Originally published here.


The Consumer Choice Center is the consumer advocacy group supporting lifestyle freedom, innovation, privacy, science, and consumer choice. The main policy areas we focus on are digital, mobility, lifestyle & consumer goods, and health & science.

The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org.

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