Australia's ban on e-cigarettes has created the country's fastest growing black market. A new study shows that e-cigarettes are now the second largest illicit commodity in Australia - second only to cannabis. The study also shows that the law is counterproductive in its aim to protect young people.
The vaping ban in Australia has become something of a running saga here in Vejpkollen. From the anger that grew among profiles like "Vaping Bogan" and the organisation Athra (Australian Tobacco Harm Reduction Association) and many others when a ban started to be discussed - to how it has actually gone in practice. We recently wrote about a comparative study between Australia and its neighbours in New Zealand, which have taken very different paths. New Zealand, with a much softer regulatory framework, had far fewer cigarette smokers and saw a faster decline in daily smoking than in prohibitionist Australia.
A new study has now been published in the Harm Reduction Journal. It looks at how Australia's ban has stimulated the domestic black market.
Prohibition drives illegal trade
In Australia, a prescription is required to purchase nicotine-containing e-cigarettes, which can only be collected from pharmacies. The measure was introduced on the grounds of reducing youth access and limiting potential health risks. However, according to James Martin and Edward Jegasothy, authors of the study, the legislation has instead created an extensive illegal market, with consumers turning to smugglers and illegal vendors to obtain the products. As Vejpkollen wrote about last summer, such sellers are not the least bit difficult to find. Both vejp and nicotine pouches, which are also banned, can be found "everywhere" in the major cities, according to a report in the GP newspaper at the time.
The researchers further argue that the low risk and high profits make e-cigarettes an attractive commodity for criminal networks. The products are usually imported from China and smuggled into the country via ports and postal parcels. They are then distributed through social media, tobacco shops and other unofficial channels.
A market that adapts
The study also shows that the e-cigarette market in Australia has become more sophisticated. When authorities make seizures or introduce new regulations, smugglers adapt quickly. Products are often marketed as 'nicotine-free' despite containing nicotine, and sellers use encrypted communication channels to avoid detection.
According to the study, this has led to minors being able to easily obtain e-cigarettes, which is counterproductive to the original aim of the legislation to protect young people from nicotine addiction.
"In broad terms, Australia's modern 'war on drugs' is characterised by a disproportionate emphasis on supply restrictions rather than demand and harm reduction efforts, and has proved remarkably ineffective in reducing both the demand for and supply of illicit drugs," the authors write.
Did disastrously bad
The term 'war on drugs' was popularised in the early 1970s after then US President Richard Nixon famously declared drug abuse 'enemy number one' in a speech. Decades and huge sums of money followed in this 'war'. In the 21st century, most people agree that the 'war on drugs' went disastrously wrong, with devastating consequences at every level.
Security risks and consequences
In addition to the increase in crime, Martin and Jegasothy point to the potential health risks of an unregulated market. As illegal e-cigarettes lack quality controls, there is an increased risk that they contain harmful or unknown substances. In addition, the lack of control over nicotine strength can lead to increased addiction problems.
The researchers point out that other countries, such as the UK and New Zealand, have taken a different approach by regulating rather than banning e-cigarettes. They argue that a more regulated model could reduce illicit trade while ensuring that products meet a certain quality standard.
Not reduced use
The study concludes that Australia's current legislation has had unintended consequences and that a change may be necessary. The ban has not reduced the use of e-cigarettes, but it has created a lucrative and difficult-to-control black market.
Martin and Jegasothy argue that a policy review may be necessary to reduce these negative effects. They highlight the need for a more balanced approach that both protects public health and curbs organised crime.
