House votes to redefine Vicks vapor inhalers as smoking.

Pat Powers

You really can’t make this stuff up.

From the South Dakota Legislature, after HB 1209 passed committee as a new 35% tax on vapor, House members decided they didn’t want to tax infused steam anymore, but decided they needed to do something.

And I guess this is …something:

 Rep. Pischke moved that HB 1209 be amended as follows:

On the House Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:
”    Section 1. That § 34-46-1 be amended to read:

34-46-1. Terms used in this chapter mean:

(1)    “Electronic smoking device,” any product containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any nicotine device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor;

and…

(6) “Smoke” or “Smoking,” the act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form, including the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form;

Read that all here.

The problem with these fairly broad definitions?

“Vicks Personal Steam Inhaler, with a soft, comfortable face mask & compatible with soothing menthol Vicks VapoPads, provides a warm mist of steam for temporary relief from allergies, congestion & coughs in a 5-15 minute treatment”

Read that here.

So let me understand this…

“Electronic smoking device” – any product containing …any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product.

“Smoking”  – the act of inhaling… including the use of an electronic smoking device which creates an aerosol or vapor in any manner or in any form.

So, when your child has croup, and you use a vaporizer or steam inhaler – products designed to have them inhale a created aerosol or vapor – under House Bill 1209, the law declares that they are actually smoking?

Okay. Moving on.

(Update)

So, over on the SDWC Facebook page (read and like here), State Representative Tom Pischke has gotten the ass about himself for some reason.. possibly because the awful HJR1001 is his resolution, and he was the one who offered the amendment above.  But I have to say, his reply as to the amendment is the quote of the day:

“Pat, it’s not the point if I read the amendment or not.” – State Rep. Tom Pischke

I’m not sure how you reply to that.

Reading the material is overrated, perhaps?

22 thoughts on “House votes to redefine Vicks vapor inhalers as smoking.”

  2. Well, I think smoking requires that it be electronic. So, if you’re using albuterol with the machine, like I have in the cupboard, I’m pretty sure it qualifies as smoking.

  3. So much for Republicans against taxes and regulations. I hope Rep. Pisske is happy about his over-regulation of vapor devices.

      1. I hadn’t thought about air fresheners, but I believe you’re spot on. They use some sort of electronics, and I would think they emit a vapor as fragrance.

      2. Tom Pischke’ comment is priceless. But Pischke will never be a threat to Einstein’s place in history.

  5. What Rep. Pischke doesn’t understand is that actions mean something and when a legislator moves to adopt an amendment, they are endorsing that language! Read before you commit to support something by moving it. Maybe if he wouldn’t have moved the amendment it would have died and the bill would have also gone away. But, no, he moved it and now it will become overreaching regulation. Who elects these clowns?

  7. The Hookah is bad, it is bad. Have you seen the derelicts coming and going around that Ifrit’s place? Hookah is bad, it is bad.

  8. Pieske is in over his head. This session he’s sponsored 12 bills. Eleven have been killed. His closest friend is Stace, but he’s not nearly as accomplished as Stace.

  9. Rep. Pischke was better (more harmless) when he focused on his trove of “bad dad” bills. They also went nowhere. So what do you do with an ambitious 2nd term legislator firmly entrenched in the crazy caucus? You put him in leadership, of course!

  10. If you’re going to add taxes (!), why not add nicotine patches, nicotine gum, suicide pills Chantix…? Stupid tax, stupid legislation, stupid legislator.

  11. This issue is a moving target. There are a number of players in the mix, and they all are trying to do what they think is the right thing.
    The FDA attempted to ban the devices citing they were illegal drug delivery devices. They were sued and lost. There was an appeal they kind of won. They were to come up a series of regulations; however, Donald Trump became president and that process slowed down.
    Most of the vape stores already check id’s and turn away anyone under 18. In some cases, they turn away adults if they believe the adult is purchasing the vaping equipment for a minor.
    The schools have their policies banning the devices.
    The state has its laws banning the devices for those under 18.
    However, there is still vaping in school, and we need to do something or at least look like we are doing something
    It is already illegal for anyone under 18 to use these devices. Let’s enforce that law, vigorously; instead of making new laws we can’t enforce

    1. C’mon Republicans – isn’t it incumbent on the parents to raise their kids not to smoke/vape/drink/drugs/get knocked up? Why do you need a law? Government overreach? Pfft. How about a little responsibility rather than having the government decide behaviors for everyone? Social engineering begone!

  12. Well at least he qualified it asfor “human” consumption.
    It won’t apply to Feliway plug-in aroma therapy for cats.

      1. Again, Ike’s not really sure what to think. Even the simplest ideas are very difficult.

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