It’s been a few years since the state of New York banned flavored vaping products in a move intended to protect children. So how has that been working out? Back in 2018, when Rhode Island tried implementing a similar ban, it was widely predicted that they would create a burgeoning black market for “vaping pirates.” (These are the modern equivalent of the tobacco pirates that immediately went into operation when various types of cigarettes have been banned.) So it probably shouldn’t come as any surprise that we saw that exact result in Rhode Island and now it’s happening all across New York. But the methods have changed and the pirates are far more blatant in their efforts. (NY-1)

Three years ago, New York moved to ban flavored vape products in New York — long considered a potential health hazard for young people. But former New York City Sheriff Edgar Domenech says some distributors are flouting the law.

“This is organized criminal activity at the forefront,” he said.

Retailers and former law enforcement officials say more needs to be done to address the sale of illegal flavored vape products in the state. Earlier this month, New York City Mayor Eric Adams moved to sue four vape distributors he alleges are illegally targeting minors by continuing to sell the now-banned products.

Back when we watched smugglers bringing in menthol cigarettes after they were banned, many of them were running major operations. They would load up tractor trailers with cartons of Newports and sell them to black market street vendors who would work the corners. But now, a lack of enforcement has resulted in some distributors just delivering the vape products to stores that sell them despite the ban.

You may wonder how they can get away with this, but it’s really not that difficult. It’s one thing for the government to enact a ban. It’s quite another for the police to enforce it. The odds of getting caught are so low and the penalties relatively mild, that people are just continuing to sell them. This causes headaches for legitimate store owners who are losing customers because they’re trying to follow the law. So pretty much nobody is happy with the situation.

Any suggestions of ramping up enforcement seem to be non-starters. Keep in mind that this is New York we’re talking about. Particularly in the big cities, the police are already overwhelmed with robberies, assaults, and crazy people pushing commuters onto the subway tracks. Do you really think they have the time and resources to be going door-to-door among all of the bodegas to see who might be selling some flavored vaping products behind the counter and issuing tickets?

I’m not supporting the idea of people breaking the law whether we may agree with the ban or not. But these sorts of bans always result in unintended consequences, creating an atmosphere that practically begs for pirates to show up and fill the vacuum. And because of the potential money that can be made, someone will inevitably come along to fill it.

And not for nothing, but does anyone else find it odd that we live in an era where nicotine vape products are being made illegal and people are being prosecuted for violations, but cities are decriminalizing and allowing almost every hard drug on the black market? You can’t buy a flavored vaping stick in New York, but you can inject heroin, fentanyl, or anything else you like on the streets of Seattle and San Francisco and nobody will say a word. The world is still going mad and this train doesn’t appear as if it will be stopping any time soon.