WA moves to circumvent national ‘watered-down’ vaping ban

The West Australian government will ban the sale of vapes in pharmacies without a prescription under regulations that go beyond laws passed by the Commonwealth earlier this year.

Under those federal laws, the sale of vapes from pharmacies without a prescription will become legal from October 1 as a result of a deal struck between the government and Greens in June to get the laws, which also included enforcement and penalties for retailers selling vapes, through parliament.

WA Health Minister Amber-Jade Sanderson at Dumas House on 25th September 2024. Credit: Hamish Hastie

WA Health Minister Amber-Jade Sanderson said the new regulations were necessary to “retain the status quo” ban, which was supported by pharmacists and other health professionals in the state.

Sanderson avoided criticism of her federal counterpart Mark Butler for striking the deal and forcing her government into the extraordinary position of introducing rules circumventing Commonwealth laws.

Instead, she blamed the Greens for “watering down” the laws.

“The federal government had to make a decision, because the Greens held the entire package of laws to ransom,” she said.

“I support the fact that the minister found a way to introduce a package of laws that, overall, is tough on vaping.

“Now we will have to deal with this as a state ... we will do that, and we’ll do it urgently.”

At the time the new laws were announced, Greens health spokesman and WA Senator Jordan Steele-John raised concerns about people who wanted to quit smoking facing difficulty and expense in having to see a GP and get a script for vaping products.

Steele-John has been approached for further comment.

Butler said the national laws “set a strong and uniform baseline across the country” and it was a matter for each state or territory whether to introduce any additional measures.

WA is the second state to address the looming “down-scheduling” of vapes to allow for non-prescribed purchases on October 1 after Tasmania earlier this month announced it would legislate a ban for anyone under 18 and anyone without a prescription.

Constitutionally, Commonwealth laws always supersede state laws when there is a conflict, but Sanderson said the government had received legal advice that by introducing the ban through regulations rather than legislation it could be done.

“The legal advice that we have is that that is the appropriate subsidiary legislation that will override this Commonwealth law,” she said.

The Pharmacy Guild of Australia’s WA branch welcomed the move.

“The guild’s preference was that vapes not be down-scheduled, given the negative health effects of vaping are well documented,” branch president Andrew Ngeow said.

“The number of vape users in Australia increased 700 per cent between 2016 and 2023, with a disproportionately high number of these being under the age of 30.

“Given the established negative health impacts of vapes, pharmacists as healthcare professionals, had concerns about their provision outside a prescription-based model.”

Ngeow said he wanted to see the regulations written as soon as possible.

Sanderson did not give a firm date on when the regulations would take effect, but said it was a priority.

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.