In order to make a power system "dual use" it's necessary to ensure at least two, simple, obvious, legitimate uses a given device. Similarly, the device must operate as-is under those circumstances.
For example, a USB charger with a micro-USB connector cannot control what a user plugs it into. So whether I plug it into a vape or phone it does the same job. Hence it cannot be, as the FDA says, a "tobacco product" or necessarily taxable as a "vaping" product.
As far as I can see this is due to legal "intent" - the intent of the seller (see this example).
The example describes a modern "glass" seller where all the glass is labeled "for tobacco use only."
The question is whether the state can prosecute if the glass item has multiple purposes (use for marijuana or tobacco in the case of the example). Clearly if the seller intends to sell the item for illegal use (consumption of marijuana for example) then it's a crime.
However, by selling the item labeled "tobacco use only" it's clear the item, if purchased in that context, by itself does not determine how it will be used.
I think just like the USB charger.
If the purchaser uses it for marijuana then that's their problem.
How the user will use an item is the user's business, not the sellers.
So what does this mean?
In practical terms it means that, for example, an 18650 battery, which works well in fancy flash lights I own, and which fits in a variety of vaping devices, is "dual use."
Here's a couple of example of "dual use" power systems from amazon.com:
https://www.amazon.com/Hanperal-18650-Resistant-Battery-Bicycle/dp/B018A96ZVK
https://www.amazon.com/TLIFE-Portable-Charger-Battery-Display/dp/B01N1MZWTZ/ref=sr_1_sc_1?s=hi&ie=UTF8&qid=1505678328&sr=1-1-spell&keywords=18650+battery+pod
Clearly the batteries work in vapes, but still amazon.com sells these units and the batteries (see this).
Quite honestly nothing interesting here.
So if I sell these items in a vape shop, USB charger, 18650 battery, etc. no problem, no tax, no FDA.
Now if I build a 18650 (or 21700 or 20700 or whatever) battery pod that has a variety of connectors (usb, 510, whatever) then clearly the device, specifically if labeled "for charging use only" is not a vaping product or a tobacco product, at least as far as I see it.
It really can't be.
Just like my iPhone is not really a tobacco product (even though the FDA says it is), or is it???
And what about 0 nic e-liquid?
(Really, how about flavoring. "0 nic" anything is not a tobacco product.)
Is it in fact a "tobacco product" (even though the FDA labels it as such) or just flavoring for cooking like King Arthur's Coconut (ingredients: flavoring, PG)?
So what I imagine is the following being sold anywhere (like amazon, Walmart, etc. because they already are):
1) A line of "flavoring" sold in regular bottles (as below):
2) A line of battery pods with a USB charger output port (USB A female) along with other ports such as 510's, deans connector, etc. (as below):
3) As far as I know I can buy liters of 100mg nicotine (for example) or a liter of synthetic nicotine (say here) or in a plant (say a tomato or pepper) without concern for regulation or taxes. But if I sell small quantities in some specific context, like to make insecticide, there is no tax or, at least today, regulation. But somehow in smaller quantities when sold in conjunction with #1 and/or #2 above (or in a vape shop) magically it's "regulated."
Given all this it's very hard to understand what is not actually a product which can be regulated.
Vaping tanks, for example, and perhaps other similar things...
But then I can use them for marijuana or "wax" - so in fact is that no "dual use" as well?
The FDA doesn't regulate Coconut flavoring today. If I sell it in the vape shop will they?
I suppose somehow only if I intend it for "vaping."
In any case in the short term I plan to build generic, multi-use open source items and publish their plans.
It also seems prudent that devices be configured for their final purpose electronically by their users. So any battery pod I build won't do anything at all until after you purchase it and configure it to do so with your phone.
And, for example, on the hardware side, adding a female, USB-A output to the giant open source mod so that it will charge my cell phone.
For example, a USB charger with a micro-USB connector cannot control what a user plugs it into. So whether I plug it into a vape or phone it does the same job. Hence it cannot be, as the FDA says, a "tobacco product" or necessarily taxable as a "vaping" product.
As far as I can see this is due to legal "intent" - the intent of the seller (see this example).
The example describes a modern "glass" seller where all the glass is labeled "for tobacco use only."
The question is whether the state can prosecute if the glass item has multiple purposes (use for marijuana or tobacco in the case of the example). Clearly if the seller intends to sell the item for illegal use (consumption of marijuana for example) then it's a crime.
However, by selling the item labeled "tobacco use only" it's clear the item, if purchased in that context, by itself does not determine how it will be used.
I think just like the USB charger.
If the purchaser uses it for marijuana then that's their problem.
How the user will use an item is the user's business, not the sellers.
So what does this mean?
In practical terms it means that, for example, an 18650 battery, which works well in fancy flash lights I own, and which fits in a variety of vaping devices, is "dual use."
Here's a couple of example of "dual use" power systems from amazon.com:
https://www.amazon.com/Hanperal-18650-Resistant-Battery-Bicycle/dp/B018A96ZVK
https://www.amazon.com/TLIFE-Portable-Charger-Battery-Display/dp/B01N1MZWTZ/ref=sr_1_sc_1?s=hi&ie=UTF8&qid=1505678328&sr=1-1-spell&keywords=18650+battery+pod
Clearly the batteries work in vapes, but still amazon.com sells these units and the batteries (see this).
Quite honestly nothing interesting here.
So if I sell these items in a vape shop, USB charger, 18650 battery, etc. no problem, no tax, no FDA.
Now if I build a 18650 (or 21700 or 20700 or whatever) battery pod that has a variety of connectors (usb, 510, whatever) then clearly the device, specifically if labeled "for charging use only" is not a vaping product or a tobacco product, at least as far as I see it.
It really can't be.
Just like my iPhone is not really a tobacco product (even though the FDA says it is), or is it???
And what about 0 nic e-liquid?
(Really, how about flavoring. "0 nic" anything is not a tobacco product.)
Is it in fact a "tobacco product" (even though the FDA labels it as such) or just flavoring for cooking like King Arthur's Coconut (ingredients: flavoring, PG)?
So what I imagine is the following being sold anywhere (like amazon, Walmart, etc. because they already are):
1) A line of "flavoring" sold in regular bottles (as below):
2) A line of battery pods with a USB charger output port (USB A female) along with other ports such as 510's, deans connector, etc. (as below):
3) As far as I know I can buy liters of 100mg nicotine (for example) or a liter of synthetic nicotine (say here) or in a plant (say a tomato or pepper) without concern for regulation or taxes. But if I sell small quantities in some specific context, like to make insecticide, there is no tax or, at least today, regulation. But somehow in smaller quantities when sold in conjunction with #1 and/or #2 above (or in a vape shop) magically it's "regulated."
Given all this it's very hard to understand what is not actually a product which can be regulated.
Vaping tanks, for example, and perhaps other similar things...
But then I can use them for marijuana or "wax" - so in fact is that no "dual use" as well?
The FDA doesn't regulate Coconut flavoring today. If I sell it in the vape shop will they?
I suppose somehow only if I intend it for "vaping."
In any case in the short term I plan to build generic, multi-use open source items and publish their plans.
It also seems prudent that devices be configured for their final purpose electronically by their users. So any battery pod I build won't do anything at all until after you purchase it and configure it to do so with your phone.
And, for example, on the hardware side, adding a female, USB-A output to the giant open source mod so that it will charge my cell phone.
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