Vapes sold at pharmacies as ban walked back gets Greens support

Vapes will be sold only in pharmacies and smokers will not a need a prescription, in a significant watering down of Labor’s plan to ban e-cigarettes.

Buying a vape will not be restricted to those with a prescription, as the federal government initially proposed, but will be available for purchase behind-the-counter at pharmacies to anyone aged over 18. Picture: Getty Images

Vapes will be sold only in pharmacies and smokers will not a need a prescription, in a significant watering down of Labor’s plan to ban e-cigarettes.

But Australia will still become the first country to ban the sale of vapes at shop counters.

The federal government struck a deal with the Greens to pass the bill through the Senate, which watered down a model that would have completely banned vapes. The prohibition proposed by Health Minister Mark Butler meant the only way to get a vape was through a script from a doctor.

The legislation will now be amended to “down-schedule” therapeutic vaping products to schedule 3 over-the-counter medication, and allow access at pharmacies without the need for a prescription, dependent on a number of safeguards.

This includes being aged at least 18, having a conversation with a pharmacist on health harms, ID, and limitations on the concentration of nicotine.

The Greens had raised concerns the government’s original bill would push users to the black market.

Health Minsiter Mark Butler. Picture: NewsWire / Martin Ollman

Greens senator Jordon Steele-John. Picture: NewsWire / Martin Ollman

The law will come into effect from July 1, but the down scheduling of prescription vapes will become operative on October 1.

Greens amendments will also alter the “operation of offence provisions” in the bill, meaning people will not be criminalised as a result of vaping reforms.

The “possession of less than a commercial quantity” offence will be replaced by a “possession of less than a commercial quantity in a retail setting” offence, and a personal-use exemption will be added.

The rest of the legislation ­remains in tact, with a ban on buying vapes unless they are from a chemist.

Mr Butler said the “world-leading laws” treated vapes and e-cigarettes as “therapeutic products to help hardened smokers kick the habit”. “From Monday next week, it will be unlawful to supply, manufacture, import, and sell a vape outside of a pharmacy setting,” he said.

“These laws protect young Australians and the broader community from the harms of recreational vaping, while ensuring that those who really need access to a therapeutic vape for help to quit smoking can get one from their local pharmacy.

“The government hopes that the opposition supports these world-leading reforms and that this bill can be met with multi-partisan support.”

Greens health spokesman Jordon Steele-John said he did not support “prohibition”.

“That is why we have successfully secured changes to this legislation to ensure that vapes remain out of the hands of kids, but adults can access them via a pharmacy, and there’s no chance of individuals being criminalised for possessing a personal vape,” he said. “The Greens have ­secured a carefully regulated scheme that focuses on public health outcomes, reducing harm and minimising use, particularly amongst children.”

The Pharmacy Guild criticised the amendments, saying: “Pharmacists are healthcare professionals who dispense medication that provides a proven therapeutic benefit. No vaping product has been approved by the Therapeutic Goods ­Administration based on its ­safety, efficacy or performance.”

Another amendment proposed by crossbench senators means the legislation will be reviewed every three years which Senator Steele-John said would “allow us to see if the harm-­reduction settings are right”.