Retailers warned: It is illegal to sell 'herbal high' smoking products to minors
Associate Minister of Health Tariana Turia is today issuing warnings to retailers and online stores not to sell ‘herbal high’ smoking products to people under the age of 18.
“There is no such thing as a ‘safe’ cigarette, whatever it contains” advises Mrs Turia.
The warning reminds retailers that they are liable for prosecution under existing smoke-free legislation if they do.
"Dairy owners and other retailers need to be aware that the sale of tobacco or herbal smoking products to minors is already illegal. Retailers selling so-called ‘herbal highs’ for people under the age of 18 to smoke are breaking the law, plain and simple,” Mrs Turia says.
“It is an offence to sell herbal smoking products to under 18s and it is also an offence to supply them in a public place to under 18s. Smoke-free enforcement officers will be running operations that could lead to prosecutions. There should be no sympathy shown for anyone who chooses to flout this law" said Mrs Turia.
The warning follows a recent announcement by Associate Health Minister Peter Dunne of his intention to further tighten the regulation of these substances and their ingredients. Mr Dunne is progressing additional legislation to further restrict sales of the “herbal highs” products under the Misuse of Drugs Act
Both Ministers are concerned at an apparent upsurge in the supply of herbal smoking products being promoted as giving a “legal high”. These have been available from ‘party pill’ outlets and online retailers for several years, but not in widespread use. However an increasing number of dairies, convenience stores and liquor outlets are now also selling these products, and it is clear that some are winding up in the hands of minors, including school children. Recent media coverage may have created a false impression that they are unregulated and can be sold to minors.
Background Information
Prosecution under the Smoke-free Environments Act can result in fines of up to $2,000 being imposed by the courts. Mrs Turia has portfolio responsibility for smoke-free legislation and is currently taking amendments to tighten the law through Parliament, including giving smoke-free enforcement officers the ability to issue ‘instant fines’. The key focus of the amendment Bill is to stop cigarettes and other tobacco products being displayed in dairies and other stores. Many of the provisions also apply to herbal smoking products, because these are all part of the problem of making smoking seem like normal behaviour.
Controls on “herbal highs” products under the Misuse of Drugs Act. Mr Dunne’s proposals could become law by next year and would impose a strict set of controls on the marketing and availability of products containing synthetic cannabinoids, which would apply regardless of whether they are intended for smoking. These include:
- A minimum purchase age of 18 years
- A ban on free samples or offering products as a reward or prize
- No advertising in public places and store displays not being visible or audible from outside
- A ban on sales in any venue with a liquor licence, in service stations, and from caravans or street carts
- A ban on selling such products in places where children or minors gather (schools, sporting facilities, etc)
- Warning labels against driving or operating machinery following use
- Requirements for packaging to clearly state the synthetic cannabinomimetic substances they contain, plus contact details for the manufacturer and for the National Poisons Centre
- Requirements that all such products be sold in child resistant and tamper-proof containers.