written by Zach Moreau



Late last week, Michigan Governor, Gretchen Whitmer, signed an executive order, banning the sale of flavored juices for use in electronic cigarettes. This sudden blow to entrepreneurs and consumers took many people by surprise, as shops were given a 5 day period to come into compliance with this new Order. I would like to touch on several reasons as to why this is abhorrently wrong of the governor, and certainly qualifies her as a bonafide tyrant.

For starters, the process in which this was enacted is questionable at best, but most likely unconstitutional, as this ‘law’ was made by an executive order. She was able to enact this policy with a piece of paper and a signature, while the folks in Congress never had the opportunity to debate or vote on this issue. This is a major encroachment on the checks and balances put in place to help filter out attempted grabs of arbitrary power. By citing Chief Medical Executive Joneigh Khaldun’s declaration that children vaping in Michigan is a “public health emergency”, the Governor is claiming to posses an executive power allowing temporary and immediate action, and thus the ban was born. Additionally, this particular action provides an implied arrogance by the Governor, in assuming that she concretely knew better than the general public and had to act outside of their voice via representation. This is not the role of the executive, and usurps our governing structure in a very dramatic fashion.

The term “nanny state” comes to mind in this instance, as this demonstrates ‘the government as overprotective and as interfering unduly with personal choice.’ However, shining brightly among the many factors that were not considered into this state-wide ban, stands the fact that there are a number of former smokers who quit smoking those known-to-cause-cancer cigarettes by switching to e-cigarettes, a less abrasive alternative for their source of nicotine. Just as it is not a crime for a consumer to choose vapor instead of smoke, it is also not a crime should someone prefer a flavored nicotine juice to one that is not flavored. So why does the governor have this authority at all, to decide which flavors can or cannot be sold to consumers? It seems almost preposterous that we are even having to ponder this. While this ban may be declared to have been done with the best of intent, I am reminded of Paul Craig Robert’s concept of “Tyranny of Good Intentions” (this is also the title of his book from year 2000).

Bans like this disenfranchise many individuals and end up causing more harm than good. It is wrong to ban something on the premise of, “I don’t like it, therefore nobody should have it,” because no one person has the ability or insight to know how that may adversely affect another individual and may disenfranchise them from the system in which they live. A grand historical example of this is the 18th amendment (ratified January 1919, repealed December 1933). This amendment was a nation-wide ban on everything to do with alcohol consumption, but the result of this legislature was catastrophic, as it bred a whole new criminal market. Alcohol remained widely used throughout the country, the only difference was that it was being peddled by mobsters to anyone who was able to pay. I believe we can parallel this historical instance with our new ban, as nothing is stopping someone from doing this very thing; either making the product at home, or driving to Ohio and back into Michigan. Considering it is already illegal to purchase e-cigarette juices and accessories under the age of 18, and the fact that so many minors still find access to them, there is already a failure in enforcement. If so many children in Michigan are vaping in order for it to be to deemed a “Public Health Emergency”, the law is already being ignored to a large degree and adding additional responsibilities to law enforcement will not magically lead to more compliance. I simply fail to see how this ban prevents anything that’s already happening en mass, and only inconveniences an otherwise law-abiding citizen.