WA to override weakened Federal anti-vaping laws

WA will seek to override Federal laws that will weaken the State’s tough anti-vaping regime by banning over-the-counter e-cigarettes at pharmacies.

Health Minister Amber-Jade Sanderson will announce new regulations on Wednesday banning the sale of vapes without a prescription. This is ahead of Federal changes next Tuesday, which will allow pharmacists to sell them if “clinically appropriate.”

The changes, pushed by the Greens and supported by Federal Labor in a bid to pass vaping laws through the Senate, watered down WA’s existing ban on e-cigarettes without prescriptions.

It sparked community concern vapes could become easier for kids to get hold of and concerns from pharmacists that they would effectively become tobacconists.

At the time, a spokeswoman for Ms Sanderson described the deal as “unfortunate,” with WA joining other States in seeking legal advice on the conflicting laws.

Under the Constitution, if Federal and State laws clash, the Commonwealth rules will apply; however, that does not extend to regulations.

While it is understood the amendments to the Medicines and Poisons Regulations 2016 will not be introduced prior to the new Federal rules’ October 1 implementation date, they were being drafted as a “priority”.

Ms Sanderson said the sale of vapes would continue to be illegal in WA without a prescription.

“There is robust evidence to shows vapes are full of dangerous substances including chemicals that can cause life-threatening illnesses and cancer – and we welcome the Albanese Government’s changes to packaging and flavours,” she said.

“We have listened to the community and pharmacists who have told us they don’t want vapes to be available over the counter at chemists.

“We share their concerns and that’s why we are introducing new regulations to maintain our tough protections, just like other States.”

The Federal changes also mandate graphic warnings on packaging, standardised product branding and sizes, and a ban on the use of additives in tobacco products. Therapeutic vapes are restricted to mint, menthol, and tobacco.

When the deal between Labor and the Greens was announced in late June, it was slammed by the Pharmacy Guil, with vice president Anthony Tassone said the reforms had endangered a new generation of young people.

“Pharmacists are healthcare professionals, and community pharmacies do not want to supply this potentially harmful, highly addictive product without a prescription,” Mr Tassone said.