PACT Act

The PACT Act amended the Jenkins Act, 15 U.S.C. 375 through 378, to control delivery sales of cigarettes and smokeless tobacco. ATF enforces it. The law requires anyone who sells, transfers or ships those products into a taxing jurisdiction, or advertises them in interstate commerce, to register with ATF and with the tobacco tax administrators of each state and locality served, and to file monthly reports of shipments (ATF). It also mandates age verification, labeling, record keeping and adult-signature delivery, bans mailing the products through USPS, and maintains a non-compliant seller list.

The 2021 amendment is what pulls hemp into scope. Congress added electronic nicotine delivery systems to the definition of cigarette, and defined ENDS as any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user, along with any component, liquid, part or accessory sold separately (15 U.S.C. 375). The phrase any other substance reaches CBD and hemp vape cartridges even with no nicotine present.

The practical effect for hemp sellers is that vape products carry tobacco-style obligations: ATF and state registration, monthly reporting, excise tax compliance and no USPS shipping. UPS separately prohibits hemp derivatives intended for aerosolized consumption in its network (UPS).

Tinctures, gummies, softgels and topicals are outside the PACT Act. Only inhalable formats trigger it.