The Trouble With Vapes

Despite Western Australia having some of the toughest anti-vaping laws in the country, it seems illegal sales are still widespread—and frustratingly hard to stamp out.

Credit Unsplash

Here’s what’s going on:

First you have the Legal Framework vs Reality –

• In WA, vapes can only be sold through pharmacies with a doctor’s prescription.
• Non-pharmacy retailers—like tobacconists, vape shops, and convenience stores—are banned from selling any vaping products, nicotine or not.
• Disposable vapes are completely prohibited, regardless of their contents.

Then you have the Enforcement Challenges –

• Despite over 473,000 illegal vapes being seized in two years, only two retailers have been successfully prosecuted.
• WA Health has inspected more than 2,500 premises, but prosecutions are rare due to legal complexities and well-resourced offenders who “lawyer up”.
• Some sellers apparently operate covertly — “under the counter” or via coded requests — making detection difficult.

On top of all that you have Black Market Dynamics –

• Criminal networks are exploiting the demand, especially among young people.
• These illegal vapes often contain dangerous chemicals, mislabeled nicotine levels, and even contaminants like heavy metals.
• Sellers face fines up to $275,000 or 5 years in prison, but enforcement is slow and under-resourced.

What can you do by way of Community Action if you object?

• WA Health encourages reporting illegal sales via Crimestoppers WA or directly by email here at vape.report@health.wa.gov.au
• The government is working on strengthening enforcement and closing loopholes, but it’s a game of catch-up.

It’s seems dealing with vaping is a classic case of policy outpacing enforcement — and the black market filling the gap.

* By Michael Barker, Editor, Fremantle Shipping News

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