By James L. Felder
EDITORIAL South Carolina smoke shops have recently claimed to be victims of federal overreach after Congress passed the Shutdown Fairness Act, which ended a record 43-day government shutdown. One part of the law bans the sale of certain THC-infused products commonly sold in these stores. Drinks with names like Cannabis Cocktail, Ballin’ Berry, and Dream Soda can contain up to 60 percent THC. This high level of potency has raised serious concerns among lawmakers in our state, and the South Carolina House is now looking into new rules for the sale and distribution of hemp-derived, nonalcoholic beverages and other infused products.
While these retailers complain about new federal rules, they overlook a more important fact. Many have been selling federally illegal products for years. About 90 percent of disposable vapes sold in the U.S. are made in China’s Vapor Valley. Even the Chinese Communist Party has banned them for domestic sale. Despite being declared illegal by the Food and Drug Administration—and upheld by the U.S. Supreme Courtearlier this year—these vapes are still trafficked into the country. Today, in any smoke shop across South Carolina, you will still see rows of these products marketed and sold openly.
The consequences are clear and increasingly alarming. Despite federal action and recent joint enforcement efforts led by Attorney General Pam Bondi and Health and Human Services Secretary Robert F. Kennedy Jr., illicit vapes are still flooding South Carolina communities. According to the most recent data from South Carolina health officials, nearly half of all teenagers in the state report using illegal, flavored disposable vapes. Anyone who has passed through a school hallway, attended a high school football game, or visited a local park in recent years has seen how widespread this problem has become.
These vapes are made to attract kids. The packaging is bright and colorful. The flavors imitate candy and dessert favorites like cotton candy, pink lemonade, and bubblegum. Some devices are disguised as everyday objects such as car keys, toys, pens, or school supplies. These tactics
are not accidental or harmless. They are part of a deliberate business plan aimed at young people and exploiting gaps in enforcement to boost profits.
Fortunately, lawmakers in South Carolina have taken notice. Legislation now advancing through the General Assembly, known as S.287, would give the Attorney General, state law enforcement agencies, and local authorities the legal tools and resources needed to ensure that only FDA-compliant, legal vape products can be sold within our borders. This bill aligns state enforcement with federal law and gives officers on the ground the ability to remove illegal products from shelves before they reach our children.
Predictably, smoke shop owners have launched a lobbying campaign to oppose the bill. They argue that the federal rules are not fair and that enforcing them would hurt their businesses. But their argument raises a basic question. Why should lawmakers side with an industry that openly admits it sells products that violate federal law? Some lawmakers, particularly in the Lowcountry where several large smoke shop conglomerates are headquartered, appear to be feeling pressure from these retailers. South Carolinians deserve better than that.
Congress has already allocated 200 million dollars in federal funding to help states enforce laws against illicit vapes. These funds are meant to support states like ours in performing the activities outlined in S.287. Washington has shown its support. Now, South Carolina must take action.
With federal funding available, with teenagers being targeted by illegal products every day, and with retailers continuing to defy federal law, the moment for hesitation has passed. South Carolina has a responsibility to protect its children and enforce the law.
It is time for lawmakers to stand firm, pass S.287, and shut down the illicit vape pipeline that is harming our communities and endangering the next generation.
James L. Felder is an American civil rights activist, lawyer, author, and former South Carolina legislator known for being one of the first African Americans elected to the South Carolina Legislature since Reconstruction and for his pivotal role in advancing voter registration and civil rights.