Tougher laws on vaping, illegal tobacco may struggle to hold back the tide

Only eight days ago, the Minns government announced to great fanfare that illegal tobacco sellers would face prison terms of up to seven years and forced shop closures under new laws to be introduced.

The changes, which Health Minister Ryan Park described as the toughest in the country, included new maximum penalties of $1.5 million and seven years’ imprisonment for the sale of illegal tobacco and vapes. They would introduce similar penalties for possession of commercial quantities of the substances.

The new laws were first flagged by Premier Chris Minns the week before.

Today comes the news that the suburb of Dulwich Hill has four tobacconists that each sell illegal vapes.

In neighbouring Marrickville, a new store is using Labubu toys to promote illegal vapes just metres from Prime Minister Anthony Albanese’s electoral office in another sign of how brazen Sydney’s black market tobacco has become.

From July 1 last year, all nicotine vapes have been classified as therapeutic goods, meaning they can be legally purchased only at pharmacies.

Despite the promise of these tough new laws, the Herald visited the four tobacconists in Dulwich Hill – three on Marrickville Road and a fourth on New Canterbury Road – and asked for an Alibarbar vape from each.

Some produced laminated menus showing the various flavours of Chinese-made vapes. Most offered a discount for paying cash, and the price averaged about $35 for a gold “ingot” vape boasting 9000 puffs.

In Marrickville, there are at least 10 tobacconists. The Herald visited the newest store, Labubu Stop & Shop, which has opened across the street from Albanese’s electorate office.

Inner west locals have complained about the proliferation of the vapes and illegal cigarettes, which it seems no authority in Australia is capable of stopping, even as underworld gangs move into the market.

The NSW and federal governments have locked horns over who should police the tide of illegal tobacco and vapes and which levers can be pulled to stem its spread, such as the federal taxes which account for $28 of a $40 packet of cigarettes.

In June, Minns warned the NSW Police it may need to step up enforcement, a duty it shares with NSW Health. However, police pushed back, telling the Herald such as move would divert 500 officers away from more serious investigations such as domestic violence and organised crime.

These latest cases show the introduction of new laws cannot come soon enough, but also raise the question of whether they will be enough to stop this scourge of illegal vaping and tobacco sales. At this point, it seems nothing will be enough to stop the tide.

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