Published: July 2024
Independent pharmacies are questioning hastily-drafted legislation aimed at curbing Australia’s vaping epidemic, saying they could be forced into selling products they’d rather be kept behind the counter.
As the Albanese government raced against a looming July 1 deadline for new anti-vaping laws to come into effect, it struck a deal with the Greens to allow pharmacists to sell vapes without a prescription from October 24, shifting away from the mooted prescription-only model.
It marked a significant change in policy, and a private pharmacist in Leederville has concerns about the impact.
“Current thinking within the industry is that vapes should stay within a smoking cessation program, such as quit smoking tablets, which are part of nicotine replacement therapy,” the pharmacist, who didn’t want to be named, said.
“Vapes, as tablets are, should be prescribed by a doctor and subsidised by the government, with patients having regular doctor appointments to monitor their programs.
“Vapes are heading in the same direction as liquor stores. What have we learned from that?
“Alcohol is the biggest health issue in WA, yet it is sold over the counter.
“Sellers are registered, yet there is no prescription required, nor guidelines on consumption.
“The counter argument is that it is too costly to see a doctor to get a prescription, yet smokers are spending that same amount on cigarettes alone.
“Currently, smaller pharmacies have decided not to sell vapes post-October but may succumb to commercial pressures.
“It is disheartening that chain pharmacies will jump on board and aim to capitalise on the business opportunity, without adequately considering the health and well-being of the patient.”
A chain pharmacist in Mount Lawley said stricter laws could see an increase in black market vape products.
“A more liberal approach would, at least hopefully, avoid these potential issues.
“As a more informed society, parents and young adults are expected to make educated decisions about their health and well-being.
Culture
“Looking into the future, I see the potential for states to change their individual approaches to regulating vape laws, based on the culture of each state or even specific areas within states.”
The proposed legislation aims to halt the retail sale of non-therapeutic vapes, but political manoeuvring has complicated its path to passage.
Originally, the bill proposed making vaping a prescription-only activity and illegal for people or businesses to supply, manufacture, import, or sell vapes anywhere other than pharmacies.
However, the compromise means adults will soon be able to obtain vapes from pharmacists without a prescription.
Changes also include eliminating lush fruit or mango ice flavours — now limited to mint, menthol, and tobacco flavours only.
The Nationals favoured a legal but regulated model, while the Liberals remain non-committal, pushing Labor toward the Greens.
The Greens argue that “prohibition” won’t work and that individual users should not be criminalised.
University of Sydney Law School health law and governance expert Roger Magnusson criticised the amendment, calling it detrimental to public health.
“Vapes have reverted to being lifestyle commodities rather than therapeutic products,” he said.
“Pharmacies, like Chemist Warehouse, will now become Vape Central.”
New modelling from the Cancer Council predicts that an additional 1,185 teenagers aged 12 to 19 will take up vaping every week unless progress is made to curb it.
Bayswater resident Jessica Browning caught her daughter vaping in her room.
“She told me all her friends were doing it, and it was easy to buy from the local convenience store,” Ms Browning said.
“I’m terrified about what it’s doing to her health.”
The health and future of young Australians hang in the balance, making this decision one of the most critical in recent times. The outcomes from October onward will reveal whether the government can truly tackle the vaping issue or if we will be left in murky clouds.
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