Trinite Williams: Western Australian man, 49, could be jailed and fined after cops found a vape in his car

EXCLUSIVE

A man has been charged with possessing liquid nicotine, despite Health Minister Mark Butler claiming smokers will not be personally targeted in the vaping crackdown.

Trinite Williams, 49, faced the Western Australia Magistrate's Court on Friday and pleaded not guilty to possession of liquid nicotine, a controlled substance, after police found it during a search of his car on October 8.

The police charged him with possession of a scheduled four Poison under the state's Medicines and Poisons Act 2014. He faces a fine of up to $2,000 and/or up to two years in prison if found guilty.

Williams' lawyer Kyle Kutasi told Ny Breaking Australia his client was “extremely frustrated” because he believed possessing a vape was not against the law.

'He just had a fume, that's all. Not gallons of nicotine liquid. He had just enough for one vape for personal use,” Kutasi said.

“Mr Williams is extremely frustrated because he is trying to defend a load of nonsense and it is a complete waste of time and money.

“He understood it was not illegal to possess a vape as Health Minister Mark Butler publicly said users would not be punished.”

Mr Kutasi wrote an 'explain' to Mr Butler about his client's charges, which essentially consist of possessing a vape without a recipe.

He added that the criminal charges came after several public comments from Mr Butler in which he assured vapers they would not be targeted in the nationwide crackdown.

Australia will ban the import of disposable vapes in January and this will be expanded in March include all non-therapeutic vapes, including refillable devices, while importers of vapes for medical purposes require a license from the Office of Drug Control.

The ban includes $75 million in additional funding for the Australian Border Force and Therapeutic Goods Administration to bust vape smugglers.

But at a press conference explaining the crackdown on Tuesday, Mr Butler said: “There is no punishment for people who use vapes.”

'I'm sending this message. These are not user-targeted measures. These are not measures that impose any punishment on people who use vapes.

“There is no penalty for people who use vapes, but there are significant penalties for people who end up illegally selling or possessing them for commercial purposes.”

Ny Breaking Australia has contacted Health Minister Mark Butler for comment following revelations about the charges Williams is facing.

Mr Kutasi said police are not listening to Mr Butler's directions and that the health minister should intervene to prevent vape users from being charged.

He proposed removing vapes from the Therapeutic Goods Act's poison list because states and territories have laws against possessing a controlled substance without a prescription.

“It is absolutely ridiculous that vapes fall under the poisons list and are in the same category as cocaine and heroin,” Kutasi said.

'You would think that the government would want to encourage a drug that helps people to quit smoking instead of discouraging its use.'

Director of Legalize Vaping Australia Brian Marlow told Ny Breaking Australia that Mr Butler's promise not to penalize vape users is a “lie”.

“In my opinion the Australian government is lying to the public when they say they will not prosecute vapers,” Mr Marlow said of the West Australians case.

'Maybe he will be released, but we don't know. The fact is that the process of criminal prosecution is punishment enough.'

Mr Marlow said the federal government's vaping reform is forcing states and territories to criminalize vapers.

“If people are concerned about 1.5 million Australians facing criminal charges for vaping, they should demand the government change the way they classify vapes,” Butler said.

'The only solution to this is for vapes to be regulated like alcohol and cigarettes, and not as a therapeutic product.'

Liquid nicotine is a prescription substance and like all other prescription substances, possession carries a maximum prison sentence in many states.

In the Australian Capital Territory, a person can be jailed for up to two years for possessing liquid nicotine without a prescription.

Vapes have skyrocketed in popularity in Australia as the price of cigarettes has risen above $40, prompting a new ban on all vapes.

The federal government announced plans on Tuesday to ban the import of single-use disposable vapes from January 1, after announcing reforms to the vaping law in May.

Under the federal government's smoking reforms, nicotine vapes will only be legally available from a pharmacy with a prescription, while the import and sale of nicotine e-cigarettes, pads and liquids will be criminalized.

Nationals senator Matthew Canavan told Ny Breaking Australia that a complete ban on the import and sale of vapes was a “Christmas wish” fulfilled for Chinese gangs.

Mr Canavan is pushing for significant changes to the bill and urging the Government to create a regulated legal market for vapes.

'We have evidence that only 10 percent of vapers have a prescription, leaving the rest with no choice but to return to traditional cigarettes or become a criminal and turn to the black market, which will be readily available.

“The government's efforts in this regard will fail, they will not defeat the black market. We will find ourselves in an even worse situation with more supply of these inferior products and more criminals pushing vaping on our children.”

Senator Canavan said more than 1.3 million Australian adults who vape would effectively be turned into criminals after the ban.

He said the seven-page amendment to the bill would ensure vaping is regulated by strict guidelines, similar to alcohol and other tobacco products.

Health Minister Mark Butler claimed the smoking reforms are aimed at stopping the domestic vaping black market, with millions of devices being sold to young Australians online or under the counter in some stores.

“These reforms will protect Australians, especially young people, from the harms of vaping and nicotine addiction,” he said in a statement on Tuesday.

However, Senator Cavanan said a legally regulated market would give Australians access to higher quality vapors and minimize the incentive to engage in the black market.

Senator Cavanan branded the reform a “quintessential Canberra approach” and said there was a hint of hypocrisy among politicians.

“Parliament House has the highest per capita vaping rate in the entire country,” he said.

“But we want to tell everyone that you can't do what we do. It's a typical Canberra approach.”

A poll conducted by RedBridge in October found that most Australians want the government to legally regulate vaping in the same way as alcohol and tobacco.

Nearly 70 percent of the 1,500 respondents rated the government's vaping regulatory efforts as “poor” or “very poor.”

Those surveyed said they wanted e-cigarettes to be sold to adults aged 18 and over through authorized outlets.

It would bring Australia in line with New Zealand and Britain, which have strict rules on the sale of nicotine vapors and e-cigarettes.