The Federal Smoking And Vaping Age Is Now 21 (Part Deux)

As we had noted a little over a week ago, Congress raised the federal age limit for the sale of tobacco and vape products from 18 to 21 as part of a must-pass budget bill to avoid yet another government shutdown, and on December 20, 2019, Trump signed it into law, and even had the GALL to brag-tweet about it.  And while Republican Senate Majority Leader Mitch "Awkward Turtle" McConnell, a big supporter of the age limit hike, was no doubt very pleased with himself for his "victory", we need to remember that both parties overwhelmingly supported it.  Tyranny is apparently as bipartisan as it is whimisical--and very cowardly as well.  And of course, Big Tobacco and Big Vape overwhelmingly supported it like the cowardly quislings that they are.

If that wasn't bad enough, it looks like the FDA isn't wasting any time in implementing the raising of the tobacco and vape product sale age to 21.  As of December 27, 2019, they officially noted on their website that it is now illegal to sell tobacco or vape products to anyone under 21.  They could have waited up to 180 days to formulate new regulations plus an additional 90 days before enforcing them, according to the new law, but apparently even that very small mercy is somehow beneath them.  And of course there is no grandfather clause either in this disgusting new law, nor will there be in the FDA regulations.  In other words, 18-20 year old young adults in a whopping 31 non-21 states (and several territories) who were legal to buy cigarettes and vapes just a week ago are suddenly banned from buying them now.  Talk about adding insult to injury!

And of course the new federal 21 law also applies just as much to our men and women in uniform, despite a few Tobacco 21 states having the small mercy to carve out an exception for them.  The new federal law has NO such exceptions, and is really a slap in the face of so many of our troops.  You know, kinda like the 21 drinking age has been for over three decades now.

The only silver lining to this ageist abomination is that it may very well anger enough Americans to challenge it in court, and if successful, we may get the two-for-one special of getting that other ageist abomination, the 21 drinking age, struck down as well.  And possibly even for cannabis too, though federally there is no such age limit (yet).  Otherwise, there is really no upside to this new law.  All it will do is effectively create an even more massive black market and greater disrespect for the rule of law.

In fact, it may very well drive many teen and young adult nicotine vapers back to smoking, since even with strict enforcement, regular cigarettes will be at least somewhat easier to get than vape products due to the difference in the size of the markets, general accessibility, and the design of the products.  Talk about a lose-lose proposition for public health!

As a wise man once said, "America will never be destroyed from the outside.  Rather, if we lose our freedoms, it is because we have destroyed ourselves from within."  That wise man, Abraham Lincoln, did not use those exact words it turns out, but his words came very close nonetheless.  And that (mis)quote turned out to be very prescient indeed, as America really seems to be rotting and rusting from within.

The song "21 Guns" by Green Day comes to mind, as does the song immediately following it on the same album, "American Eulogy".  And of course there's also Five Finger Death Punch, with "Stranger than Fiction":

"It's stranger than fiction, how [we've] decayed..."

The Vaping Lung Illness Mystery Has Been Solved

Looks like the "mystery" vaping lung illness (now called EVALI) has been largely solved.  And the primary culprit is indeed the same one that Twenty-One Debunked and many others had long suspected several months ago:  Vitamin E Acetate, a common additive found almost exclusively in black-market and counterfeit THC (and probably some gray-market CBD) vape cartridges.  Though harmless when ingested orally or applied topically, when inhaled it is apparently a different story:  this "thick and greasy" oil, and perhaps also its byproducts upon heating it to high temperatures, can indeed cause serious lung damage, and quickly.  It certainly does NOT belong in the lungs at all!  And both samples of vape cartridges as well as (more recently) samples of lung fluids taken from EVALI patients now confirm such suspicions, as noted recently by the Centers for Disease Control (CDC).  But we could have told you that a while ago.

The illness was apparently quite rare before June 2019, when the epidemic apparently exploded, peaked in September, and sharply declined thereafter.  In other words, this was not a trend, this was an event.  Something had clearly changed about vaping between 2018 and the first half of 2019.

Prior to 2019, Vitamin E Acetate was not widely used in THC vape products, whether legal or illegal, and according to cannabis industry insiders it first emerged as a cutting agent for products made in late 2018 at the earliest.  It may very well have been used before that, but if it was it was too rare to be of any concern or on anyone's radar.  But then, the black-market and counterfeit THC vape product purveyors discovered that this cheap additive can be used to dilute (or "cut") the expensive THC distillate oil while (unlike with other, thinner cutting agents) still maintaining a thick enough consistency to fool unsuspecting buyers into thinking it is purer than it really is, and thus greatly increasing the profit margins.  Yes, you read that right--for filthy lucre.  And they now have a ton of karma to answer for.

And while there apparently have also been some bad actors in the legitimate cannabis market that used this additive here and there, the fact remains that it has been quite rare overall.  And there is still no evidence that Vitamin E Acetate was ever used in any nicotine-containing vapes, whether legitimate or counterfeit.  (Note that those EVALI patients who reported "only nicotine" vaping and not THC may not have been entirely honest.)  In other words, it is fundamentally a black-market and counterfeiting problem that is best solved with legalization and sensible regulation, not blanket prohibition or overregulation.

There may very well have been other additives to blame as well, along with heavy and hard metals leaching from the heating coils of janky devices.  And perhaps some statistical flukes thrown in for good measure.  But these other minor culprits are basically sideshows compared with Vitamin E Acetate, and again the best solution is legalization and regulation of such products and devices, not prohibition.

Of course, that would make too much sense.  But truth is always the first casualty in any moral panic.

And really, SHAME on anyone (politicians, pundits, regulators, and activists) who cynically and disingenuously used the horrendous and hellish suffering of the over 2500 EVALI victims (and over 50 deaths) as a ploy to push their hateful and regressive prohibitionist agendas, while essentially hiding or denying the real cause of the illness for several months, before finally admitting it well after the epidemic had peaked.  You had a chance to save so many lives and prevent so much suffering, but you chose to sit on it, because reasons.  You now have just as much blood on your hands as the aforementioned bad actors that chose to adulterate their products with questionable additives for filthy lucre.  What you did was unforgivable in our view, but you now have a chance to make amends (albeit belatedly) to keep your karma from getting any worse.  So what are you waiting for?  Legalize and regulate yesterday!

JANUARY 2020 UPDATE:  The latest CDC report confirms yet again that the vast, vast majority of EVALI patients, among those for whom data is available, reported obtaining THC vapes from "informal" sources.  And while the anti-legalization lobby seized upon the finding that 16% of those reporting THC vaping reported obtaining their products from "commerical" sources, keep mind that that figure also includes unlicensed pop-up shops that may appear legitimate but are not, and there is always the possibility of recall bias when more than one product is used or shared.  Again, the real solution is to legalize, regulate, and root out the bad actors, not to categorically ban cannabis or vaping.

Though relatively rare, Vitamin E Acetate  has recently been found in some legal THC vape cartridges on the shelves of licensed dispensaries, including medical dispensaries upon testing, at least in Michigan.  A product recall was rightly issued.  Another state that bothered to test for it, such as Massachusetts had found none of that additive in their legal products, but had temporarily quarantined their products in November so they could be tested before reaching consumers.  This is how the system of quality control is supposed to work, and far better than the black market, which has ZERO quality control.

(For those who are interested, the hypothesized underlying chemistry of how exactly Vitamin E Acetate can cause EVALI can be found here and here.  Once thought to be lipoid pneumonia based on a handful of case reports, it turned out to be more like chemical burns in the vast majority of cases.)

The Kids Are Still (Mostly) Alright in 2019

The latest 2019 Montoring the Future survey results are in.  And while the mainstream media are hyping this year's significant increase in teen vaping (of both nicotine and cannabis), they seem to be glossing over the good news.  For example, teen alcohol and (combustible) tobacco use have both plummeted to record lows, prescription drug abuse (especially opioids and amphetamines) is way down (in contrast to adults), and nearly all other substances (even heroin, again unlike adults) have held steady this year at relatively low levels compared with previous decades.  The one notable exception is LSD (acid), which showed a modest increase this year, but still remains far lower than it was before 2000.

Even cannabis use in general held steady overall this year, and while "daily" (i.e. 20+ days/month) use did see a modest increase this year for grades 8 and 10, in grade 8 it was no higher than it was in 2011 (prior to recreational legalization in any state) and is still quite low.  And keep in mind that for grades 8 and 10, data only go back to 1991, unlike grade 12 which goes all the way back to 1975. Thus, one can extrapolate based on grade 12 data that "daily" use for grades 8 and 10 are also both most likely far lower than they were in the late 1970s and early 1980s, as we know to be the case for grade 12.  And actual, true daily use (i.e. literally every day) is likely even lower still as well.

Even the vaping data are a bit outdated now, since the MTF survey was taken in the spring of 2019, at least several weeks or months before the new "mystery" vaping illness (now called EVALI) outbreak was suddenly announced during the summer.  Since then, the widespread fear of this scary but fortunately now-waning epidemic has likely reduced the popularity of vaping in general, so next year's data will likely be significantly lower than it was in early 2019.

Additionally, the data from another survey, the NSDUH, show that past-year and past-month cannabis use in general has been stable or declining for years for 12-17 year olds nationwide, even as it has been modestly and steadily rising for both 18-25 and 26+ year olds in recent years, and as it has become increasingly legal and socially acceptable to use cannabis and admit to doing so.  The same survey also finds that rates of cannabis use disorder (i.e. abuse/dependence) have been steadily declining for 12-17 year olds since the pre-legalization era, and have been relatively stable for 18-25 (undulating plateau) and 26+ year olds (flat) overall since 2002.

But don't expect the fearmongering mainstream media to tell you that, of course.

Have A Safe And Happy Holiday Season

(This is a public service announcement)

It is that time of year again when the holidays are upon us, and many of us Americans (and around the world) will be celebrating with alcohol and/or other substances.  We at Twenty-One Debunked would like to remind everyone to be safe and celebrate responsibly.  There is absolutely no excuse for drunk driving at any age, period.  We cannot stress this enough.  It's very simple--if you plan to drive, don't drink, and if you plan to drink, don't drive.  It's really not rocket science, folks.  And there are numerous ways to avoid mixing the two.  Designate a sober driver, take a cab, use public transportation, crash on the couch, or even walk if you have to.  Or stay home and celebrate there.  Or don't drink--nobody's got a gun to your head.  Seriously.  And the same goes for other psychoactive substances as well, and a fortiori when combined with alcohol.

ARRIVE ALIVE, DON'T DRINK AND DRIVE!!!   If you plan to drink, don't forget to think!  The life you save may very well be your own.

The Federal Smoking And Vaping Age Has Been Raised To 21

Well, it's now official.  As part of a must-pass budget bill to avoid yet another government shutdown, Congress attached several provisions unrelated to spending, most notably a rider that hikes the federal age limit for the sale of tobacco and vape products from 18 to 21 nationwide.  And on December 20, 2019, Trump signed it into law, and even had the GALL to brag-tweet about it.  And while Republican Senate Majority Leader Mitch "Awkward Turtle" McConnell, a big supporter of the age limit hike, was no doubt very pleased with himself for his "victory", we need to remember that both duopoly parties overwhelmingly supported it.  Tyranny is apparently as bipartisan as it is whimisical--and very cowardly as well.

For practical purposes, the new age limit actually takes effect after 180 days plus an additional 90 days, meaning an effective delay of nine months from the date of signing.  Thus, by September 2020, Tobacco 21 will have been fully phased in nationwide.

The text of the new federal Tobacco 21 law does two things:  1) amends the Family Smoking Prevention and Tobacco Control Act of 2019 by changing "18" to "21", and 2) while it technically no longer forces states to change their own laws (unlike the original version), nonetheless amends what was once called the Synar Amendment by requiring states to enforce (against vendors) the new federal age limit of 21 for the sale of tobacco and vape products, in order to quailfy for certain substance abuse prevention grant monies.

Though weaker than its original version, it is that second provision that may prove to be the Achilles heel of this law if it were to be challenged in court, on both Tenth Amendment as well as Fourteenth Amendment.  And if such a challenge ever proves successful, it will no doubt also overturn South Dakota v. Dole, and the National Minimum Drinking Age Act along with it.  But until then, it is long past time to be very, very angry at what passes for "leadership" in America's long, dark night of the soul.

Winter is coming, in more ways than one.

UPDATE:  Looks like the FDA isn't wasting any time in raising the tobacco and vape product sale age to 21.  As of December 27, 2019, they officially noted on their website that it is now illegal to sell tobacco or vape products to anyone under 21.  FEH.

The Anti-Legalization Movement Is Grasping At Straws Now

The anti-legalization movement in regards to cannabis has been getting quite desperate lately.  For example, Kevin Sabet of the anti-legalization group Project SAM has lately been disingenuously harping on the mystery vaping illness (now called EVALI) and shifting the spotlight onto legal cannabis vape products from licensed dispensaries while glossing over that inconvenient fact that the vast, vast, majority of the over 2000 EVALI cases so far are linked to black-market and counterfeit THC vape cartridges (as well as sketchy gray-market CBD vape cartridges).  In fact, non-legalization states have had far more EVALI cases than legalization states, though no state seems to be immune to it.  And the primary culprit appears to be Vitamin E Acetate (and possibly other questionable additives), and perhaps even the heavy metals from janky devices, as opposed to the actual cannabis itself, though he slyly glosses over that as well.  The biggest irony, of course, is that banning legal cannabis dispensaries will only drive even more consumers to the black market, thus pouring gasoline on the raging fires of EVALI.

In other words, Kevin Sabet and Project SAM are nothing more than concern trolls, and need to be taken with at least a grain of salt, if not a whole pound.  While there have been a few outlier cases of EVALI ostensibly linked to legal cannabis products from licensed dispensaries in some states, most of these cases remain either unconfirmed and/or the use of black market, counterfeit, or modified vape products has not been entirely ruled out in such cases.  To the extent that any of these are in fact caused by rogue and adulterated products from bad actors in the legitimate cannabis market, the solution is better regulation and oversight, NOT prohbition.

(In the meantime, it is probably best for the time being for current cannabis vapers to switch to dry-herb vaporizers, which have never been linked to EVALI or any other illness, to vape regular weed if you don't want to smoke it, just to be on the safe side.  Or at the very least, do your research and due diligence, and avoid all black-market, counterfeit, janky, suspect, and/or modified products like the plague.  And there are also edibles and tinctures.)

Oh and by the way, the anti-legalization movement is apparently also tainted with some thinly- and not-so-thinly-veiled anti-Semitism as well.  Not everyone of course, but as the Labour Party in the UK has unfortunately learned the hard way, failing to condemn it, turning a blind eye to it, or even creating a mere perception of same, has the same impact as deliberate and overt Jew-hatred and Jew-baiting does, and we know impact > intent.  And of course, the anti-Semitism in the broader cannabis prohibitionist movement goes back to at least Nixon and his notorious red-baiting and Jew-baiting conspiracy theories, while the movement's virulent racism and xenophobia in general goes all the way back to the very genesis of the movement over a century ago.

To be fair, there is no evidence that Kevin Sabet (or Project SAM in general) personally holds any anti-Semitic or racist views, with their only known bigotry being against cannabis and its users.  But in the broader cannabis prohibitionist movement today, others like Roger Morgan et al. DO apparently hold enough anti-Semitic views to be willing to openly repeat (if not concoct) long-since debunked anti-Semitic conspiracy theories (mainly involving George Soros) all the same, and the silence from Sabet and Project SAM (who just so happen to also share a connection with Morgan) is truly deafening indeed.

To the cannabis prohibitionist / anti-legalization movement, we have one question for you:  how does it feel to be on the wrong side of history?  Because we wouldn't know anything about that.

Are Americans Really Inferior To Europeans?

One common objection to lowering the drinking age to 18 in the USA is that "Europeans can handle a lower drinking age, but Americans can't".  People say this all the time without realizing the irony of it all.  They are literally implying that Americans are inferior to Europeans (and Canadians, etc.), while these are usually the same people who love to shout that America is the "greatest country in the world", often in the same breath with a straight face.

Silly, right?  And when asked to elaborate, they will likely say that Americans don't know the meaning of moderation and are lacking in self-discipline, often citing our legendary high obesity rate as "proof".  But by that logic, we should bring back Prohibition for all ages, right?  After all, there is nothing magical about 21.  But we saw what a failure that was.  And by the same token, the 21 drinking age is the greatest alcohol policy failure since Prohibition, and neither one led to moderation, in fact quite the opposite.  Most adults, including 18-20 year olds, will drink regardless.  Turning alcohol into a "forbidden fruit" makes it all the more enticing, and forcing it underground makes it far more dangerous than it has to be.  And infantilizing young adults will only lead them to be...less mature about it.  Who woulda thunk it?

And then of course is the "life is cheap over there" argument, which also does not hold water.  If life is so much cheaper in Europe, Canada, etc, why do they have universal healthcare, stronger social safety nets, generally better educational systems, higher life expectancies, and lower poverty rates than the USA?  That's because life is really NOT cheaper over there after all.  Again, who woulda thunk it?

And then there is the old chestnut that "we don't have the public transport infrastructure to handle young adult drinking like they do".  It is technically true that the USA is a car culture and our public transportation is inferior to most of Europe's, but the same is true for Canada, and they set their drinking age at 18 or 19 depending on the province.  Ditto for Australia and New Zealand, who both set it at 18, and there are still some parts of Europe, particularly areas of the UK, where you need a car to get around for the most part.  Besides, if our public transportation infrastructure cannot handle 18-20 year olds, they would be even less able to handle the much larger 21+ age group as well, and once again, all roads either lead to either Prohibiton for all or legal drinking for all adults, period.  If you give the ageists enough rope...

How about the idea that Americans are too ethnically and racially diverse to handle drinking at 18?  Not only is that, well, racist, but even if that dubious claim were true, it would also be an argument for Prohibition or greater authoritarianism in general.  Same goes for other specious arguments about Americans having less "social capital" and being too hyper-individualistic compared to other countries, as well as arguments about "affluenza" and "spoiled children", and also arguments about "family breakdown" and a "nation of semi-orphans".

Note that the typical "kids today" arguments often contradict one another.  And even if one were to concede that "kids today" are more infantilized compared to both previous generations as well as the rest of the world, which is debatable though it seems to have some merit, the solution is NOT to infantilize young adults even further still!  The road to serfdom is indeed paved with the ostensibly "good intentions" of "protecting" young people (from themselves), which is gradually expanded to include older and older age groups with every passing generation it seems.  And what better time than now for a U-turn?

And lest anyone trot out the "21 saves lives" argument, keep in mind that that has also been debunked as well by numerous studies, and most thoroughly and eloquently so by Miron and Tetelbaum (2009).  Even if it were true, surely the old joke about having a speed limit of 21 and a drinking age of 55 would save even more lives, and yet no sane person would propose such a thing.  Gee, I wonder why?  Funny how "if it saves one life, it's worth it" and "think of the children" seems to only apply when it's convenient for the dominant age group in society.

Let America be America again, and lower the drinking age to 18.  If you're old enough to go to war, you're old enough to go to the bar.  'Nuff said.

QED

Pennsylvania Raises Smoking Age To 21

It's official, Pennsylvania just raised the legal age limit for tobacco products from 18 to 21, effective July 1, 2020, making them the 19th state (and counting) to do so.  And the new law also expands the legal definition of tobacco products to include vaping products as well, since apparently they didn't even have an age limit for vaping products at all (though the federal age limit of 18 applied by default from 2016 onwards).

The part about including nicotine vapes in the definition of tobacco products is totally reasonable.  But raising the age limit to 21 is really not justified at all.  And Pennsylvania had been seeing so much progress in reducing teen smoking and vaping already, mainly due to tax hikes on both.  It would really be a shame to risk derailing such progress now with such an utterly illiberal and ageist law.

Yes, there is an exception in the new law for active military and veterans, who only need to be 18 or older instead of 21 to buy tobacco products.  But that one silver lining does still not make it OK to deny adult rights to otherwise legal adults over 18 who are legally old enough to join the military, regardless of whether they are actually in the military or not.  Thus, the exception does not actually resolve the inherent ageism and hypocrisy of this otherwise bad law.

I like to joke about "the other Tri-State Area", where NY, NJ, and PA all meet.  Port Jervis, NY, Montague, NJ, and Matamoras, PA are all right next to each other, and Matamoras is basically "come for the fireworks, stay for the cigarettes", since fireworks are legal in PA to sell to nonresidents, cigarettes are cheaper in PA, and the age limit in PA for tobacco has been 18 (until July 2020) while it is 21 in NY and NJ.  Looks like the tobacco part of that equation will no longer be true, at least the age limit part, and the price difference is also narrower now for cigarettes, and reversed for vape products, due to the tax hikes.  And gas is also more expensive now in PA than either of the other two states, while NJ gas is almost as pricey as NY now.  Thus the whole microeconomic dynamics of "the other Tri-State Area" are fundamentally different now, except for the fireworks of course.

Finally, Some "Reefer Sanity" In The Vaping Debate

It seems that at least some pundits, politicians, and public health officials are just starting to catch up with reality.  There is rapidly mounting evidence now that the primary culprit in the mystery vaping illness (that has killed over 40 people and sickened at least 2000 in the USA as of November 15, 2019) is the thickener additive Vitamin E Acetate in mostly black-market or counterfeit THC cartridges. This "thick and greasy" oil is harmless when used topically or ingested orally, but when inhaled it is apparently VERY bad for your lungs, much like any other "thick and greasy" oil would logically be.  And finally, several cannabis legalization and even medicalization states are belatedly banning or trying to ban its use in both legal and illegal THC cartridges, since until now almost no state banned or restricted this additive.

Better late than never, but honestly, what the hell took them so long?

THIS is what more states need to be doing.  Legalize cannabis, keep vaping legal in general, but regulate better and root out any bad actors in the legitimate market, while cracking down on any remaining illicit market that continues to hawk questionable wares.  In contrast, broad vaping or flavor bans, as well as cannabis prohibition and/or age limits set higher than 18, will only drive more customers to the black market, essentially pouring gasoline on the fire.  And those who foolishly opted for the later strategy while dithering over the real cause now have the blood of over 2000 Americans on their hands.

Of course, Vitamin E Acetate may not be the only culprit.  Other additives may also be to blame, as can perhaps the toxic cadmium fumes from cheaply-made and janky vaping devices and cartridges often made overseas (which can also be true for counterfeit nicotine vapes too, by the way).  And possibly pesticide contamination as well.  But again, in any case regulation would still work far better than prohibition to really get to the root of the problem.

As for the youth vaping epidemic driven by nicotine vapes, which is often disingenuously conflated with the mystery vaping illness, the best way to quash that is to raise the tax on nicotine-containing vape products, cap and phase-down the nicotine content of vape products down to European and Israeli levels, strictly enforce the existing age limit of 18 on vendors rather than raise it to 21, restrict vape advertising to be similar to the way it currently is for combustible tobacco products, and stop hyping this ridiculous moral panic so damn much for once.

So what are we waiting for? 

It's Not Just JUUL: The (Un-)American Vaping Association (And Trump) Also Throws Young Adults Under The Bus

As Trump announced the other day that his administration is looking at, among other things, raising the federal age limit for vaping products from 18 to 21 (which would require an act of Congress), the president of the American Vaping Association, Gregory Conley announced that he (and by extension, his trade group) openly supported the move as an alternative to prohibition.  Such a stance of regulatory appeasement by throwing 18-20 year old young adults under the bus to protect the vaping industry is cowardly at best, and will ultimately backfire as well.

And it is also all the more nonsensical given how the mysterious vaping lung illness that is sweeping the nation is driven primarily by black-market or counterfeit THC cartridges, not legal and legitimate nicotine vapes, and literally on the same day it was announced that they found further confirmatory evidence that the additive Vitamin E Acetate in the rogue THC cartridges is most likely the main culprit in causing this illness.  It is basically a thick, greasy oil that was NEVER meant to be inhaled, and can cause lipoid pneumonia when one does so.  Though likely other additives or contaminants could be causing it as well, such as cadmium fumes from the jankier vape devices themselves, since not all cases are consistent with lipoid pneumonia, and may be cadmium pneumonitis or metal fume fever instead.  And the Trump trade war with China may have led companies to shift to the use of cheaper and lower-quality devices and cartridges from 2018 onwards, ironically.

Thus, we at Twenty-One Debunked hereby excommunicate the American Vaping Association, just as we already did with the quislings at JUUL Labs.  And we can also add Trump 45 to the list as well now.  May their names and memory be forever blotted out.

The Needham, Massachusetts "Miracle", Debunked

Remember when Needham, Massachusetts made history in 2005 by being the first place in the USA to raise the age limit for tobacco to 21 in modern times?  And how the propoents of Tobacco 21 laws used them as an example of how successful such laws supposedly are at reducing teen smoking?  Well, a new article came out that thoroughly debunks that claim.  Scratch that, it debones, slices, dices, and juliennes it, and lays waste to its remains for good.

From 2006 to 2010 (the original study curiously did not include data before 2006), Needham did indeed see a faster drop in smoking rates among high school students compared to surrounding communities which kept the age limit at 18.  But from 2010 to 2012, the reverse was true: surrounding communities that kept it at 18 began to see faster declines in teen smoking rates than Needham.  This inconvenient fact was acknowledged buried in the original study (that went up to 2012) used to sing the praises of Tobacco 21, so it was not simply an oversight by the authors.  And according to the publicly available data that can be gleaned from schools in the surrounding communities, by 2014 the pattern reversed entirely, with the neighboring towns seeing larger net declines in teen smoking (59 to 77% drop) than Needham (40% drop) since 2006.  Hardly miraculous.  And by 2016, we see that some of these other towns raised the tobacco age limit to 21, but without seeing any further decrease in teen smoking (in fact, they saw a slight increase from 2014 to 2016).  If that's "success", we'd really hate to see what failure looks like.

So what explains the short-term success in the first few years in Needham?  Well, it could simply be have been a real but short-lived (and hollow) effect of the policy, just as Miron and Tetelbaum (2009) saw with the 21 drinking age versus traffic fatalities in the 1980s, with the effect being fairly small, dissipating after the first year or two before rebounding later, and further limited to the early-adopting states only (while in the later-adopting, coerced states, it actually had a perverse effect, or at best no effect).  But Needham also increased their enforcement on vendors dramatically, and also had at least some other tobacco laws that surrounding communities lacked.  And the percentage of smokers under 18 who bought their own cigarettes from stores also declined in Needham but not in the other neighboring towns.

Thus, it is very likely that the early decline in teen smoking would have been just as large if not larger had they simply kept the age limit at 18 but stepped up enforcement all the same, ceteris paribus.

Indeed, one should note that Woodridge, Illinois saw a similarly large drop in teen smoking in an even shorter timeframe (just two years) from 1989 to 1991 while keeping the smoking age at 18.  Leominster, MA also saw a drop almost as large from 1989 to 1991 as well.  And NYC, who raised their age limit from 18 to 21 (with no grandfather clause) in 2014, did NOT see teen smoking rates drop any faster than in the nation as a whole from 2013 to 2015.  Thus, the most parsimonious explanation is that Needham's (short) success story was primarily (if not entirely) due to increased vendor enforcement interacting with secular trends, and not the raising of the age limit itself.  In any case, it turned out to be a promise built on sand all along, if not a total statistical mirage.

Tobacco 21 laws, just like the ageist abomination that is the 21 drinking age, clearly belong on the trash heap of history.  And this is the final nail in the coffin.

One Year Later, Canada's Black Market For Cannabis Still Won't Die Quickly

One year after Canada's cannabis legalization went into effect on October 17, 2018, the black market still seems to be alive and well.  This is despite rather modest taxation of legal weed, and the fact that the age limit is 18 or 19 depending on the province, as opposed to 21 in the US states that have full legalization.  So what gives?

Apparently, there are chronic shortages of the herb throughout Canada that persist to this day, with the legal stores often selling out too quickly, and the black market dealers seem to have no difficulty filling the gap, and cheaper.  Why is this happening?  Well, it is clearly not due to any real scarcity, but the artificial scarcity of overregulation.  Most provinces only allow it at government-run stores which are few and far between, while the few privately-run ones are also few and far between due to a limited number of licenses.  The rollout of legal weed has been painfully and deliberately slow so as not to offend the public-health crowd too much, and they did not even sell edibles, beverages, or hashish yet (until this month, October 2019, a whole year after phase-one of legalization began).  So it doesn't take a rocket scientist to see how this would create shortages for illicit dealers to fill, as per the basic iron laws of supply and demand.

Thus, Canada's black market is due to somewhat different reasons (i.e. excessive federal and provincial overregulation causing chronic shortages) than the USA's black market (excessively high age limits and taxes, and a state-by-state patchwork quilt approach in the absence of federal legalization).  Either way, lessons should be learned from both countries.

Best thing for Canada to do?  Accelerate phase-two of legalization yesterday, as it is long overdue.  Consider a tax holiday for a few months, like Oregon did when legalization began there.  Ease up a bit on licensing regulations (and fees) for both producers and retailers.  Allow at least all liquor stores to sell weed alongside their booze, and further consider allowing any store that sells cigarettes to also sell weed as well.  And those provinces that set the age limit at 19 (including Manitoba, despite their drinking and tobacco smoking age being 18) should lower their age limits to 18.  Encourage current black market dealers to "go legit".  And once these things are done, then crack down on the black market.  Problem solved.

Of course, once the black market is dead and gone, then by all means, tax away.  But now is not the time for overtaxation or overregulation.

Remember, there is really no good reason why cannabis needs to be regulated any more stringently than alcohol or tobacco.  After all, while it is not completely harmless for everyone, the fact remains that by just about any objective, rational, scientific measure, cannabis is safer than alcohol, tobacco, most prescription drugs, aspirin, and even Tylenol, while it is less addictive than coffee.   Thus our laws and regulations need to align accurately with reality, since facts > feelings, even in a "post-truth" society.

On the plus side, after a year of legalization the fears of increased carnage on the highways from stoned drivers and stuff like that apparently did not materialize in Canada.  Or any other dire problem for that matter.  But we could have told you that long ago.

Note To Spammers and Advertisers: Stay Off Of This Blog!

To anyone who has been spamming and advertising questionable things in the comments section of our blog posts, we at Twenty-One Debunked are asking you to stop doing so.  Yesterday.  Just because of the subject matter of our blog posts or the fact that they contain certain key words, it does NOT mean that you should take that as an invitation to hawk your sketchy wares here.  Needless to say, I have deleted all of your posts.  Don't let the door hit you on the way out.

HALF Of America Now Has A Smoking/Vaping Age Of 21

As of July 2019, HALF of the American population now lives in jurisdictions with a tobacco/nicotine smoking/vaping age of 21 now.  It is a total of 18 states as of September 2019, and hundreds (if not thousands) of localities, and given the population distribution it adds up at least half of the population living in such places.  And now Pennsylvania, currently 18 statewide (with none of their localities setting it any higher), but soon to be surrrounded on all sides by states with an age limit of 21, unfortunately looks to join them as well.

That is a shame, since Pennsylvania has seen more progress than the national average in terms of reducing teen smoking (and less of an increase in teen vaping) in recent years, while the increase in teen vaping continues unabated nationwide regardless of the states who raised the age limit to 21 in recent years.  Pennsylvania raised their cigarette tax and implement a hefty vape tax on recent years, so that could be part of their relative success story.

UPDATE:  As of November 27, 2019, Pennsylvania raised their smoking age to 21, effective July 1, 2020.  And New York's hike to 21 has just gone into effect in November as well.  Thus, now MORE than half of the American population (and growing!) lives under a Tobacco 21 regime now.

In The UK, Cooler Heads Still Prevail When It Comes To Vaping

With all of this mass hysteria going on in the USA over vaping, we should keep in mind that our friends across the pond in the UK are generally NOT freaking out about it.  So what is so different over there?

First of all, regulation of advertising and promotion of vaping products is stricter in the UK.  Also, the nicotine content of such products is capped at a level significantly lower (as much as two-thirds lower) than the average of today's leading brands in the USA.  Even when those very same brands, most notably JUUL (aka "may their name and memory be forever blotted out"), are sold in the UK, they have to reduce their nicotine levels to be able to sell them there.  That, of course, is an EU-wide regulation, binding on all member states including the UK (at least until Brexit, just to Regrexit, if finalized).  The dose makes the poison, basically, and capping it greatly reduces (though does not eliminate) adverse side effects, not to mention the chances of young experimenters becoming addicted to nicotine so disturbingly quickly.

Also, the age limit is 18 over there (strictly enforced on vendors, just like regular cigarettes and alcohol), and there are no flavor bans either.  If anything, they seem to have an even wider variety of flavors.

Public Health England (PHE) certainly does NOT recommend that non-smokers ever take up the habit of vaping, but they do encourage current adult smokers to switch to vaping if they can't quit nicotine otherwise.  And they caution vapers not to vape any illicit or homemade products or add anything to the legitimate pods or liquid. Overall, authorities and the public health community keep a cool head about vaping, and guess what?  In the absence of moral panic, there does not seem be any real vaping epidemic among young people over there, and while there have been occasional reports of adverse reactions in general, there so far have not been any reported cases of the mystery vaping-related lung illness that the USA is currently grappling with.  (Of course, as we have already noted before, that mystery illness is primarily due to unregulated black-market vape products, especially THC ones, which often contain very questionable additives.)

That’s not to say that nobody is freaking out over there at all.  Every country has its share of that it seems.  But over in the UK at least, it currently seems to be confined to the tabloids for the most part.

We can really learn a lot from our friends across the pond.  So let's be adult about this, shall we?

Calling It QUITS

There is a new bipartisan bill in Congress now, called the Quell Underage Inhaling of Toxic Substances (QUITS) Act.  And to be honest, it is a mixed bag overall.  It would:

• Ban flavored e-cigarettes (i.e. vape products) and other flavored tobacco products, including menthol.
• Increase the federal cigarette tax from $1 per pack to $3 per pack.
• Create a tax on e-cigarettes equivalent to $3 per pack.
• Increase annual funding for the CDC's Office of Smoking and Health from $210 million to $500 million.

The first item on the list, the flavor ban as we have noted before, is too broad and largely due to the moral panic around vaping these days.  Throwing out the proverbial baby with the bathwater is likely counterproductive, and slopes are slipperier than they appear.  other items on the list are overall a good idea though.  At least all of these also apply to, and does not ignore, the real elephant in the room:  combustible cigarettes and other combustible tobacco products, which kill over 480,000+ Americans per year, while vaping has killed eight people so far in all of its history, and even then, mostly via black-market THC products rather than legitimate ones.  And while even one such death is one too many, compared to combustible cigarettes, that's essentially a mere rounding error in statistical terms.

Another strength is that it does not raise the age limit for tobacco or vaping products at the federal level.  And that, Twenty-One Debunked is happy about.

So what can be added to the bill to improve it, while also removing or narrowing the flavor ban?  Here are some of our ideas:

• Cap and reduce the maximum allowable nicotine content of vape products down to current European and Israeli levels. 
• In fact, while we're at it, cap and gradually phase down the maximum allowable nicotine content of combustible cigarettes down to a non-addictive level as well.
• Tax vape products in a manner that is directly proportional to nicotine content.
• Enforce better (targeting vendors) the current federal age limit of 18 for both vaping and combustible tobacco products.
• Restrict advertising of vape products, similar to how it is for combustible tobacco products.
• Actually REGULATE the vaping industry, and require quality control testing.
• Crack down on black-market and counterfeit vape products, and root out any bad actors in the legitimate market as well.
• Legalize and regulate cannabis at the federal level, and implement strict quality control standards as well for both cannabis as well as tobacco/nicotine products.
• Require ALL vape products, whether nicotine, THC, CBD, or otherwise, to transparently disclose all ingredients, and immediately ban the use of questionable additives believed to be linked to the outbreak of the mystery vaping illness.

Let's be adult about this, shall we? 

When It Comes To Vaping, Don't Throw Out The Baby With The Bathwater

In the wake of both the mysterious vaping-related lung illness epidemic, and also the recent increase in vaping among young people (something for which Tobacco 21 laws have apparently done NOTHING to stem the tide, by the way) both the federal government and several state and local governments are beginning to crack down on vaping to one degree or another.  Yes, Houston, we have a problem.  But it is important to keep a cool head and not throw out the proverbial baby with the bathwater.

The FDA plans to ban all flavored vape products other than tobacco (yuck!) or unflavored (meh), as is Michigan.  San Francisco, on the other hand, already passed a ban on ALL vape products regardless of flavor.  The state of New York just passed an emergency executive ban on all flavored vape products other than tobacco or menthol, effective October 4th.  And California's governor announced a crackdown on counterfeit vape products, though he lacks the authority to pass any flavor bans without the state legislature passing it.

Going too far with such bans would only increase the very black market that is the most likely cause of the mystery vaping illness (though with that it is mostly black-market THC products, though some appear to have been nicotine only).  At the same time, while vaping can help some adult smokers quit, it's not like there really is any overarching benefit society from nicotine that comes in fruity, candy, or dessert-like flavors either.  It really is a balancing act.

Twenty-One Debunked once grudgingly supported some degree of flavor bans in the past, mainly as an alternative to Tobacco 21 laws, but in light of current events, we no longer support such bans today.

New York's flavor ban--if there must be one at all--is somewhat more reasonable than the ones that don't even allow menthol.  And clearly counterfeit products need to be cracked down upon, and bad actors and questionable additives rooted out at once.  And capping and reducing nicotine levels of vape products down to European and Israeli levels would also make such products less addictive than they are currently.  But anything more stringent than these things would likely do more harm than good.  (That goes for setting the age limit any higher than 18 as well.)

As for cannabis vaping products, the best way to eradicate the sketchy and janky black and gray market products is to fully legalize and regulate cannabis nationwide, period, with an age limit of 18, strict quality control, and reasonable taxes on such products.  And again, crack down on counterfeit products and products with questionable additives.  But that would make too much sense, wouldn’t it?

So let's be adult about this, shall we?

UPDATE:  Looks like Michigan's emergency executive flavor ban contains a loophole that allows flavored nicotine-free e-liquids and pods, and also allows flavorless nicotine packets one can combine with such e-liquids (albeit sold separately).  So this particular ban is actually far more reasonable than meets the eye, while still having the intended effect of making it somewhat harder and less convenient for people under 18 to vape flavored nicotine.  And it will likely keep vape shops open for business for the foreseeable future, while JUUL will still get a swift kick in the margins now that their ready-made pods will be verboten if they have any flavor other than tobacco.

And at the other extreme, on September 24th, Massachusetts Governor Baker has literally banned ALL vape products for four months by an emergency executive action.  And that will just throw gasoline on the fire by dramatically growing the black market. DERP!  Didn't think that one through, did you Charlie?

About That Mysterious Lung Illness Related To Vaping (Updated)

There have been recent reports of a mysterious lung illness, a pneumonia-like syndrome that appears to be linked to vaping.  Fingers are being pointed all over the place right now, since it is still not clear exactly what (let alone which products) are causing it and why, but several theories abound, and there are some very strong, if not probative, clues now.

Here's what we do know so far.  As of September 16, 2019, there have been over 450 possible cases (revised down to 380 confirmed cases) of severe lung illness and/or damage (and even six seven confirmed deaths) in the USA that may be linked to vaping, though the symptoms haven't always followed a consistent pattern.  Not all cases have had all variables teased out, and it all still needs to be fleshed out some more, but vaping of some sort is the only factor that we know is common to them all.  And it's not just young people either (though many of them are), as even people in their thirties, forties, fifties, and now sixties have also succumbed to this syndrome as well.

Many, but by no means all, of the cases involved vape products containing THC (i.e. the primary psychoactive component of cannabis), and virtually all of those had been purchased on the black market (mostly in non-legalization states) based on what we know so far.  And many of those have been found to contain questionable additives, such as Vitamin E oil, that are NOT friendly to the lungs.

Thus far, only one case has been linked to a THC vape product (of undisclosed brand) purchased from an undisclosed licensed dispensary in Oregon, which could be a fluke or perhaps confounded by other products, but it is still possible that even some legitimate products contain such harmful additives, as not all legalization states specifically ban all of such additives.  (Why authorities are being so hush-hush on the details of this case, we really don't know.)

As for the cases that reportedly only involved nicotine, keep in mind that there are also many counterfeit nicotine vape products going around too, so that could perhaps be another culprit in this epidemic.  (That, and perhaps underreporting of illicit THC vaping in non-legalization states.)  That said, as much as JUUL Labs wants to believe and assert it, this does NOT yet automatically exonerate legitimate brand nicotine-containing vape products such as theirs.  And no one should pretend that it does either.

(Separately, there are also three recent reports of seizures and even one report of a stroke thought to be linked to the JUUL brand specifically, presumably due to their very high nicotine content, so they really shouldn't be so smug.  Especially since JUUL is basically circling the drain right now.)

It is important not to create or fan the flames of a moral panic about vaping in general, as that is likely to be counterproductive.  Much more research is necessary until we know more.  So what advice should be given in the meantime?

• First and foremost, do NOT vape, juul, or dab anything that you get from the black market, whether it's THC or otherwise.  They are inherently unregulated by definition, with no quality control, and thus you really don't know what you are getting.
• Especially avoid the pseudo-legitimate sounding (but actually always black market) THC brands "Dank Vapes", "Chronic Carts", and "West Coast Carts".  Avoid them like the plague!  (Ditto for the apparently very bad actor, gray market CBD vape brands "Diamond CBD", "Green Machine", "Magic Puff", and "Yolo!" as well.)
• Do your research and due diligence before buying any vaping product on the legitimate market as well.  Google is your friend, but don't believe everything you hear or read.  This is true whether it is nicotine, THC, CBD, "just flavoring", or anything else for that matter.
• Avoid any oil-based vape products when possible, especially for unfamiliar brands.
• Do NOT modify vaping devices or use any homebrew products with vaping devices.
• And last but not least, if you are not currently addicted to nicotine, do NOT vape (or smoke) anything that contains nicotine.  Keep in mind that all JUUL brand products contain high levels of nicotine, as do many other brands as well.

That seems like sensible advice for now.  As for government officials, the best thing they can do right now is regulate the vaping industry better to quash bad actors and improve quality control, cap nicotine levels, and also legalize cannabis nationwide for everyone over 18 (while keeping the taxes low) in order to quash the black market as well.

And for those who are still concerned:

If you currently vape nicotine, DO NOT go back to combustible cigarettes or any other combustible tobacco products!  If you are concerned about vaping, you can always switch to snus, lozenges, or any of the available nicotine replacement therapy products currently on the market (patches, gums, lozenges, and inhalers).  At the very least, stick to the top-shelf stuff.

If you currently vape "just flavoring", be sure that it really IS "just flavoring" (spoiler alert:  it usually is NOT, and all JUUL brand products contain high levels of nicotine).  But really, what's the point of that?

If you currently vape cannabis derivatives (whether it's THC, CBD, or both), and you don't have access to legal and licensed dispensaries where you live and/or you still don't trust the stuff on the shelves there, but you still don’t want to combust (smoke) weed, there are always dry-herb vaporizers out there (remember those?), as well as edibles, capsules, oils, and tinctures for using cannabis products orally.  Or at least stick to the top-shelf stuff for now.  But DO NOT vape, juul, or dab anything from the black market, the street, pop-up shops, or any homemade concoctions.  EVER.

(For the record, at least in some states like Oregon, with as low as $5 per eighth and $40 per ounce in some places, plain old bud purchased from legal stores is now actually cheaper than vape cartridge concoctions after several years of legalization there.)

Let's be adult about this, shall we?

UPDATE:  As of September 20, 2019, the number of reported cases of what is now called Vaping Associated Pulmonary Injury (VAPI) has crossed the 500 mark, and the number of deaths has increased to eight.  All deaths, and all reported cases except one, have occurred in the USA (the remaining one reported case was in Canada), and no other countries.

As of September 26, 2019, the number of confirmed cases has now crossed the 800 mark, and the number of deaths has now reached 12.  Again, if you must vape, stay away from anything bought on the street or in pop-up shops, or anything otherwise suspicious or sketchy in any way.  Consider alternative methods of use as noted above.  And if you notice any of the telltale signs and symptoms of VAPI, get thee to a doctor, stat!  And be sure to be honest about your vaping with them, so you will be properly treated with corticosteroids rather than antibiotics.

As of October 10, 2019, there are additional theories as to the cause of the outbreak, most notably acute "toxic chemical injury" to the lungs.  More specifically, it seems that inhalation of cadmium fumes from the solder in cheaply made vape pens and cartridges may be causing a particularly severe form of "metal fume fever" known as cadmium pneumonitis, which presents rather differently from lipoid pneumonia.  Though the oil (such as Vitamin E Acetate) causing lipoid pneumonia theory has not been entirely disproven either, as some cases do seem consistent with lipoid pneumonia, and there could in fact be more than one cause as well.  Caveat emptor.

JUUL Is Circling The Drain

Looks like JUUL Labs just bit off far more than they could ever possibly chew, and they are now choking on it as we speak.  These quislings have asked for a ton of karma for years now, and now they seem to be getting it.  Their share price is in warp-speed decline right now.  As per the famously time-tested Seneca effect, their growth was relatively slow at first, but it looks like their ruin will be very, very rapid indeed.

First, they managed to get a new generation of young people hooked on nicotine with a sleek, deceptively seductive, fruity- and candy-flavored product (with excessively high nicotine levels, and more addictive than conventional cigarettes) and even more deceptive, Big Tobacco-style marketing, all while bragging about how supposedly "woke" they were.  Then they made a deal with the devil himself, Big Tobacco, when they literally SOLD OUT to them.  And then when these cowardly quislings were finally called out on their misdeeds, they threw 18-20 year olds under the bus by supporting the ageist abomination that is Tobacco 21 laws.  They even threw the rest of the vaping industry under the bus as well.  At the end of the day, they are really nobody's friends, never were, and never will be either.

And now with that mysterious vaping-related illness reaching epidemic proportions, albeit most likely driven by black-market products with questionable additives, as well as homebrew concoctions and modified devices (though JUUL still has yet to be exonerated), the moral panic around vaping that JUUL effectively helped to create has reached such a fever pitch that the Trump administration (and several states) are passing or at least considering flavor bans for vape products.  That will be the final kiss of death for JUUL, since most of these proposed bans will only allow tobacco-flavored products (yuck!) or unflavored products (meh), not even menthol or mint.  Even if the ban is later lifted, if (when) it passes they are basically dead and done by that point.

And if that itself doesn't ultimately bankrupt them, the mounting lawsuits against them sure will.

Now a corporate "person" without a country, what ever will they do?  (Plays the world's smallest violin)

Somebody call the coroner quick, JUUL is now circling the drain as we speak.  Let's hope they take their Big Tobacco parent company, Altria (aka Philip Morris) down with them as well.  And no, we will never, ever mourn their loss, not in a million years.

Good riddance! May your name and memory be forever blotted out, JUUL.

UPDATE:  As of September 25, 2019, their CEO, Kevin Burns, was essentially forced to resign, replaced with a Big Tobacco executive from Altria, and they pulled all advertising from the USA.  And the company agreed to accept the flavor ban as well.  And now they are embroiled in a criminal investigation as well.

Don't Fear The Reefer: Why Fearmongering Backfires

The US Surgeon General recently issued a chilling warning about cannabis, particularly in reference to young people and pregnant women.  While this announcement does contain some kernels of truth, it was overall quite exaggerated and melodramatic fear-mongering, with a touch of Reefer Madness thrown in for good measure.  The National Organization for the Reform of Marijuana Laws (NORML) did a reasonably good job of setting the record straight, of course, but Twenty-One Debunked would like to add to that.

While NORML is indeed correct that legalization and regulation are far more effective at protecting vulnerable populations from any real risks of cannabis, and include age restrictions in the list, they unfortunately punt on exactly what sort of age restrictions they would support.  In an effort to remain neutral as far as the age question goes, and to not be accused of condoning teen cannabis use, they simply leave it unanswered.  And that is a shame, because setting the age limit too high only guarantees that the black market with its products of unknown safety and quality will prevail (and does not check IDs either), and also throws young adults under the bus in the process as well.  As we have noted repeatedly before, there is really no hard scientific evidence supporting an age limit any higher than 18 for cannabis.  Yes, you read that right.

The Surgeon General disingenuously conflates 18-24 year old young adults with people under 18, all the way down to 12 year olds, in fact.  That is a serious category error at best, if not full-blown ageism.  While there is evidence that using cannabis before age 18 (especially before 15, and/or heavily and frequently) is riskier than using it after 18, and that excessive use can be harmful at any age, there is really no hard scientific evidence that using it at 18 is any more harmful than using it at 21, 25, or even 30 for that matter.  And the "no safe level of exposure" claim is also unscientific and highly misleading as well.

It is a proven fact that the human brain continues to develop well into the 30s and 40s, and perhaps even beyond that, but somehow the Surgeon General leaves that inconvenient truth out of his warning about "marijuana and the developing brain".  And while the brain is thus still developing well beyond 18, the key difference is that it is no longer developing at a fundamental level anymore much beyond roughly mid-adolescence.  Thus any brain development that occurs from 18-25 is essentially on the same spectrum as any development that occurs after 25, making 21 or 25 completely arbitrary age cutoffs.

Exaggerating the actual and (mostly) theoretical dangers of cannabis use has the unfortunate side effect of losing credibility among young people, who then are less likely to believe anything about the very real risks of not only cannabis, but alcohol and various other (and far worse) substances as well.  Thus, such a boneheaded strategy is thus doomed to backfire, especially among the age group being targeted the most by such messages.

Twenty-One Debunked does not encourage anyone of any age to use cannabis, alcohol, tobacco, or any other substances.  But if you do, it is important to be an informed consumer and do your research rather than blindly believe everything you hear or read.

About That Mysterious Lung Illness Related To Vaping

There have been recent reports of a mysterious lung illness that appears to be linked to vaping.  Fingers are being pointed all over the place right now, since it is still not clear exactly what (let alone which products) are causing it and why.

Here's what we do know so far.  As of the end of August 2019, there have been over 200 possible cases of severe lung illness and/or damage (and even one reported death) in the USA that may be linked to vaping, though the symptoms haven't always followed a consistent pattern.  Not all cases have been confirmed, and it all still needs to be fleshed out and other variables accounted for, but vaping of some sort is the only factor that we know is common to them all.  And it's not just young people either (though many of them are), as even people in their thirties have reportedly also succumbed to it as well.

Many, but by no means all, of the cases involved vape products containing THC (i.e. the primary psychoactive component of cannabis), and virtually all of those had been purchased on the black market (mostly in non-legalization states) based on what we know so far.  And as much as JUUL Labs wants to believe and assert it, this does NOT yet automatically exonerate nicotine-containing vape products such as theirs.  And no one should pretend that it does.

(Separately, there are also three recent reports of seizures thought to be linked to the JUUL brand specifically, presumably due to their very high nicotine content, so they really shouldn't be so smug.)

It is important not to create or fan the flames of a moral panic about vaping in general, as that is likely to be counterproductive.  Much more research is necessary until we know more.  So what advice should be given in the meantime?

• First and foremost, do NOT vape anything that you get from the black market, whether it's THC or otherwise.  They are inherently unregulated by definition, with no quality control, and thus you really don't know what you are getting.
• Especially avoid the pseudo-legitimate sounding (but actually always black market) THC brands "Dank Vapes", "Chronic Carts", and "West Coast Carts".  Avoid them like the plague!  (Ditto for the apparently very bad actor, gray market CBD brand "Diamond CBD" as well.)
• Do your research and due diligence before buying any vaping product on the legitimate market as well.  Google is your friend, but don't believe everything you hear or read.  This is true whether it is nicotine, THC, CBD, "just flavoring", or anything else for that matter.
• Avoid any oil-based vape products when possible, especially for unfamiliar brands.
• Do NOT modify vaping devices or use any homebrew products with vaping devices.
• And last but not least, if you are not currently addicted to nicotine, do NOT vape (or smoke) anything that contains nicotine.  Keep in mind that all JUUL brand products contain high levels of nicotine, as do many other brands as well.

That seems like sensible advice for now.  As for government officials, the best thing they can do right now is regulate the vaping industry better to quash bad actors and improve quality control, cap nicotine levels, and also legalize cannabis nationwide for everyone over 18 (while keeping the taxes low) in order to quash the black market as well.

Let's be adult about this, shall we?

UPDATE:  As of September 5, 2019, researchers seem to be zeroing in on the most likely cause: specific additives found in primarily black market THC vaping oils and cartridges.  Thus far, only one case has been possibly linked to a THC vape product (of undisclosed brand) purchased from a licensed dispensary (in Oregon), which could be a fluke or confounded by other products, but it is possible that even some legitimate products contain such harmful additives.  And while nothing has been ruled out as yet, the aforementioned advice still remains sound:  avoid all black market vape products, don't vape nicotine if you aren't already addicted, and do your research.

As of September 6, the number of possible (not all of which confirmed) cases of the mystery vaping illness has now reached at least 450, including four confirmed deaths and possibly a fifth one as well.  At this rate, we would hate to see what the casualty toll will ultimately climb to by Friday the 13th (next week).  Regulators really need to root out the questionable additives and bad actors, yesterday.

As of September 9, several theories abound as to what exactly is causing this now-epidemic mysterious illness, from questionable additives (such as Vitamin E oil) to black market products to home-made concoctions influenced by YouTube videos to even Chinese tariffs steering vapers towards cheaper and janky products (and this means nicotine too).  Again, it is still under investigation, but the above advice nonetheless remains sound for the time being. 

And for those who are still concerned:

If you currently vape nicotine, DO NOT go back to combustible cigarettes or any other combustible tobacco products!  If you are concerned about vaping, you can always switch to snus, lozenges, or any of the available nicotine replacement therapy products currently on the market (patches, gums, lozenges, and inhalers).  At the very least, stick to the top-shelf stuff.

If you currently vape "just flavoring", be sure that it really IS "just flavoring" (spoiler alert:  it usually is NOT, and all JUUL brand products contain high levels of nicotine).  But really, what's the point of that?

If you currently vape cannabis derivatives (whether it's THC, CBD, or both), and you don't have access to legal and licensed dispensaries where you live and/or you still don't trust the stuff on the shelves there, but you still don’t want to combust (smoke) weed, there are always dry-herb vaporizers out there (remember those?), as well as edibles, capsules, oils, and tinctures for using cannabis products orally.  Or at least stick to the top-shelf stuff for now.  But DO NOT vape, juul, or dab anything from the black market, the street, pop-up shops, or any homemade concoctions.  EVER.

You May Not Like It, But Here's the Answer to (At Least Greatly Reducing) College Rape and Sexual Assault

(NOTE:  This is an updated version of a post from 2018)

As we had noted in a previous post five years ago, rape and sexual assault is a persistent epidemic in the USA, including (but not limited to) college campuses nationwide.  Lately, the chattering classes have been endlessly wringing their hands about it for years, but little real progress has been made in recent years, and since the Trump administration began we seem to have even regressed a bit in that regard, the #MeToo movement notwithstanding.

Most rapes and sexual assaults, especially those involving college students on or near campus, are committed by people known to the victim, and many if not most of those involve alcohol to one degree or another, whether by the perpetrator, the victim, or both.  We should first and foremost note that the only thing that actually causes rape is the rapists themselves, period.   While alcohol (among other substances) can indeed fuel it and is often used as a weapon to incapacitate victims, rape would simply not happen without rapists, period.  And the onus should always fall on men not to rape in the first place, instead of falling on women not to "get themselves raped".  The fact that so many people still deny such an obvious truth in 2018 shows just how far we have yet to go towards eliminating or even reducing this epidemic, and those who blame or otherwise put the onus on potential or actual victims are in fact part of the problem.

We seriously need to drain the proverbial swamp of rape culture, yesterday, and thus revoke the rapists' social license to operate.  Culturally, we need to tackle the root causes of sexual violence by rejecting the highly toxic "commodity model" of sexuality and replacing it with the "performance model" (while also avoiding the negative connotations and pitfalls of the word "performance"), and more generally rejecting the "dominator model" of society and replacing it with the "partnership model".  And for alcohol, we need to recognize that while adopting a "Prohibition-Lite" approach of any sort is most likely to backfire and would throw the proverbial baby out with the bathwater, its link with sexual violence still needs to be dealt with in the meantime as cultural changes can take much time to occur.

So what measures can be taken in the very near term to quickly reduce or at least take the dangerous edge off of this seemingly intractable epidemic?  The reader may or may not like the answer, but here goes:

1. Lower the legal drinking age to 18, yesterday, full stop.  The 21 drinking age makes drinking that much more dangerous than it has to be by forcing it underground, which can put young drinkers in more dangerous situations that increase the risk of sexual assault, and the law itself can be used as a cudgel to silence victims.
2. Raise the tax on alcoholic beverages, both federally as well as at the state and local level (especially in college towns), with extra levies on bulk alcohol such as kegs, cases, and handles. Studies have shown a significant inverse correlation between alcohol prices and rape in general.
3. Legalize cannabis for everyone 18 and older, yesterday.  Cannabis is clearly the safer choice in that regard, as it is highly unlikely to fuel violence or be used as a date-rape drug the way that alcohol all too often is.
4. Pass "Yes Means Yes" laws (aka affirmative consent laws) similar to California's.  If properly written, these laws will essentially eliminate the concept of so-called "gray area rape" by putting the onus on the initiator of sexual activity to be sure that they actually have consent before proceeding further.
5. Last but not least, hold the perpetrators accountable for a change, no matter how powerful or privileged they happen to be.  That includes enforcing both criminal laws as well as campus conduct policies to the fullest extent of the law.  No more Brock Turners.

As for the idea of colleges trying to influence upward the prices of cheap alcohol at parties (particularly Greek parties) that are typically $5 or so at the door for all-you-can-drink, that would be rather difficult to enforce in practice.  But if the drinking age was lowered to 18, most frats would likely end up having a "going out of business party" since their modern-day speakeasy services would no longer be necessary.  And those that remain would, in practice, throw less frequent parties and/or  ones with less beer (or liquor) to go around if the tax on such beverages is also hiked as well.

As for "Yes Means Yes" laws, there has been quite a bit of confusion, contention, and obfuscation among the chattering classes as to what such laws really are.  To reiterate the difference between different types of rape laws, the following is a good summary:

Force standard (archaic): No Means Yes
Consent standard (current): No Means No
Affirmative consent standard: Yes Means Yes
MacDworkinist standard: Yes Means No

The third item on the list, the affirmative consent standard, is the one that we support. The archaic force standard is problematic for obvious reasons, while "No Means No" is necessary and important but NOT sufficient.   The essential difference between the "No Means No" and "Yes Means Yes" is that in the former, the default answer is "yes", and in the latter, the default answer is "no".  That's it. And the MacDworkinist standard is, to put it mildly, a logistical nightmare at best and a dystopian kettle of fish at worst, not to mention infantilizing and agency-denying to women.  We would never support that.

Doing these things will go a long way towards reducing the rape and sexual assault epidemic in the near term.  Anything less would be uncivilized. So what are we waiting for?

Even The New York Post Supports Lowering The Drinking Age to 18

Apparently, even the conservative New York Post--or at least Scott Johnston, the author of a recent article--supports lowering the drinking age to 18.  And yet, very few progressives and Democrats will openly come out in favor of doing such. In fact, many support Tobacco 21 laws these days (along with some Republicans too).  So what gives?

In the USA, it seems that even many self-proclaimed progressives are not as progressive as they claim to be, and we already know that most Democrats are now neoliberal corporate shills at best.  And of course, we know there are plenty of "third way" New Democrats that are closet (or not so closet) authoritarians in many ways.

It would be truly Kafkaesque if one day Republicans become seen as the party of youth rights, something they are not exactly know for, and the Democrats seen as the (selectively) puritanical prude lobby.  So the Dems need to do a serious gut check if they want to win elections in the future.

Twenty-One Debunked Opposes Most Drug Testing

In light of recent reports of student drug testing now including nicotine in some schools due to the moral panic over vaping, Twenty-One Debunked needs to reiterate our general opposition to such testing:

• We oppose any drug testing that is not strictly to determine current impairment or "fitness for duty" in cases of driving, operating machinery, or working at safety-sensitive jobs.
• We oppose any drug testing that privileges or excludes some people over others, whether by age, socioeconomic status, race, or any other suspect or quasi-suspect classification.
• We oppose schools and employers having any jurisdiction whatsoever over what students and employees do to their own bodies off the clock and off the premises, as long as it does not unduly adversely affect their job or school performance and behavior.
• Even if the above criteria are satisfied, we still oppose any drug testing method that has detection times longer than a day or two at the cutoff used, and/or uses inactive metabolites as a proxy for the main substances being tested.  That excludes essentially everything except blood and saliva tests for most substances.  (Note that SCRAM bracelets and sweat testing for offenders in the 24/7 Program are an exception to this rule.)

Twenty-One Debunked, therefore, opposes the vast majority of drug testing done in this country.  We are the supposed land of the free, it's time to start acting like it!

We Still Excommunicate JUUL Labs (Updated)

(Editor's Note:  Twenty-One Debunked has never been affiliated in any way, shape or form with JUUL Labs or any other vaping, tobacco, alcohol, or cannabis company.  And we never will be, either.)

Dear JUUL Labs,

Since you were founded in 2015 as a spinoff from Pax Labs, you have always presented yourselves, at least publicly, as the underdog saving the world in the fight against the evil Big Tobacco.  Little did America know that you were about to pull the wool over everyone's eyes and make fools, and then cynics, of us all.

Why do we hate thee, JUUL?  Let us count the ways:

• You loudly proclaimed yourselves as the sworn enemy of Big Tobacco, but you began to copy their playbook awfully quickly in terms of advertising to young people and cynically implemented your own "anti-vaping", "anti-tobacco", and "holistic health education" progams in schools and youth camps. (You claimed that was just an oversight.  Riiiiiiight.)
• Your sham "educational" programs even told teens that your products were "totally safe" yet for "adults only" (wink wink).  And some of your summer camp programs apparently targeted children as young as eight years old.
• You recruited social media influencers with slick advertising campaigns that at least gave the appearance of deliberately targeting young people in marketing your products.  You also went out of your way to target Native Americans with your addictive poison-peddling as well.
• You chose a much higher nicotine level for your products than other vape brands, by far.  And your patented nicotine salt formulation clearly gives a much bigger "kick" of nicotine as well.  That was most likely to try to edge out the competition, and it worked--at the expense of a new generation of nicotine addicts, that is.
• You lowered your nicotine content when selling JUUL in the European Union and Israel (who by law set the maximum allowable nicotine content of vape products much lower than the American version of your products), but curiously still do not offer such reduced-nicotine products in the USA, or any nicotine-free products.
• You gave your products various kid-friendly fruity, candy, and dessert flavors, because reasons.  Or something.  I mean, we all know that adults need their nicotine vapes to taste like candy in order to help them quit smoking, right?
• Until very recently, you failed to adequately warn users that your products contain nicotine and are highly addictive.  Many young people did not even know that all JUULs contain nicotine, let alone such a high level of it.  And some still may not know yet.
• In fact, if anyone were to deliberately design the most effective and efficient way to surreptitiously get young people hooked on nicotine in the 21st century, it would really look an awful lot like JUUL.
• When the FDA finally blew the whistle on you in late 2018, you responded in the most cowardly way possible.  You decided to throw young adults under the bus by calling for the age limit for vaping products to be raised from 18 to 21, and you banned 18-20 year olds from your website.  And you still made no significant changes to your highly-addictive products, save for the removal of a few flavors in stores.
• And worst of all, you literally SOLD OUT to Altria Group (aka Philip Morris), whose name is literally synonymous with Big Tobacco.  You know, the evil industry you once claimed to be fighting against?  Your deal with the devil may have made you richer and bought you some temporary protection, but everything comes with a price, and your day will come very soon.
• Finally, thanks primarily to you, young people are losing even more rights now.

Thus, in light of the above grievances, we hereby excommunicate you, forever.  Here is your bell, book, and candle, you cowardly quislings.  Now go take your crack nicotine and shove it!

We at Twenty-One Debunked urge everyone to #BoycottJUUL yesterday.  If you don't currently smoke, vape, or otherwise use nicotine, don't start!  You are far better off without this highly addictive poison in any form, period, even if vaping does reduce most of its other toxic chemical satellites and byproducts compared with smoking.  But if you currently do, make it any brand but JUUL, and give 'em a swift kick in the margins!  And best of all, JUULers who switch to other vape brands may find it easier to phase out and finally quit all forms of nicotine for good.