Key Takeaways
- Grabba is legal to purchase in the US, but its sale may be subject to strict state and local laws.
- Grabba products are subject to FDA regulations as roll-your-own tobacco products.
- Certain grabba products require premarket authorization from the FDA before being marketed or sold.
- Grabba products are required to have a clear warning statement about its nicotine content.
You know grabba. You love grabba. But is it legal? Whether you’re a long-time grabba connoisseur or new to the dark tobacco leaf, you should know about grabba’s legality. Not only is it the responsible thing to do, but laws are subject to change, making it essential to stay up-to-date.
Learn more about grabba laws and regulations with Butta’s Hot Grabba!
First, What is Grabba?
Grabba is a type of natural, unprocessed dark tobacco that originates from Caribbean culture, particularly Jamaica. Unlike commercial tobacco, it doesn’t have any chemical additives, flavorings, or preservatives. Instead, it’s left in all its glory, delivering strong hits and bold flavors when smoked.
Is Grabba Legal?
There are no specific laws that pertain to grabba. However, as a tobacco product, the same laws apply to grabba chips as other tobaccos. Key laws include:
- You must be 21 years or older to purchase tobacco under Tobacco 21. The amendment was signed in 2019, raising the federal minimum age for the sale of tobacco products from 18 to 21 years. This means that brick-and-mortar and online retailers should have some sort of method for age verification.
- Retailers must check the photo ID of anyone under 30 who’s buying tobacco.
- Businesses need a valid state license to sell tobacco.
- Tobacco can’t be sold in vending machines where people under 21 years are present or permitted to enter.
You Can’t Smoke Grabba Everywhere
Thinking about having a quick grabba session in public? Think again. Grabba, like any other tobacco, is also subject to smoking laws and regulations. These regulations prohibit smoking in federal buildings and airplanes, which you’re likely already familiar with.
But did you know that states have their own smoking bans, too? According to the Centers for Disease Control and Prevention, the District of Columbia and 28 states have 100% smoke-free indoor air laws for bars, restaurants, and worksites.
Check to see if smoking grabba indoors is legal in your state:
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Arizona
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California
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Colorado
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Connecticut
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Delaware
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Hawaii
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Illinois
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Iowa
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Kansas
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Maine
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Maryland
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Massachusetts
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Michigan
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Minnesota
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Montana
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Nebraska
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New jersey
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New Mexico
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New York
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North Dakota
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Ohio
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Oregon
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Rhode Island
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South Dakota
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Utah
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Vermont
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Washington
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Wisconsin
Some places, including New York and California, have even stricter smoking laws. Not only can you not smoke indoors, but smoking is also prohibited in many outdoor spaces, like parks and beaches.
Grabba is Subject to FDA Regulations as Roll-Your-Own Tobacco Products
Because gabba is broken down and sold as crushed grabba leaf, it’s considered a roll-your-own tobacco product. The FDA defines roll-your-own tobacco as being “loose tobacco that a person places inside rolling paper and burns.”
As a roll-your-own tobacco product, the manufacture, import, packaging, labeling, advertising, promotion, sale, and distribution of grabba is subject to legal regulation from the FDA under the FD&C Act. Some of these rules include:
- No free samples can be given to customers.
- Roll-your-own tobacco can’t contain any characterizing flavors (besides menthol or tobacco).
- Packages can’t be opened to sell smaller amounts.
Grabba Products Must Have Premarket Authorization Before Being Marketed or Sold
Yes, grabba is legal, but that doesn’t mean it can immediately hit the shelves. Rules from the FDA necessitate that companies must submit a Premarket Tobacco Product Authorization (PMTA) before legal sale or marketing. This applies to ANY tobacco product not commercially marketed in the US as of February 15, 2007, which includes grabba.
Bottom line: If a grabba product doesn’t have FDA marketing clearance and wasn’t on the market before 2007, then that grabba is NOT legal to sell in the US.
Warning Labels Are Required By Law
Grabba is also required by law to have the following warning statement on their product package label:
“WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
But it’s not as simple as just sticking on a label and calling it a day. This warning label ALSO must meet certain requirements by the FDA when it comes to font, size, placement, and formatting.
This means it should be:
- Be in a prominent place on the label.
- Comprise at least 30% of each of the product display panels.
- Be printed in 12-point font size.
- Be printed in Helvetica bold or Arial bold, or a similar sans serif font.
- Be printed in black text on a white background, or white text on a black background.
This nicotine warning statement is also mandatory for advertisements.
Grabba Is Legal, But Still Must Comply With State Laws and Regulations
Grabba is classified as a tobacco product in the US. That means it’s subject to regulations governing the sale and use of tobacco at both state and local levels.
But not all states are equal when it comes to tobacco laws. Some, like California, are much stricter. For example, tobacco products like grabba have to be kept behind the counter or in locked cabinets in retail stores.
Some cities are even stricter. Both Manhattan Beach, CA and Beverly Hills, CA have outright banned most tobacco sales, with cigar lounges being the only exception.
Why Your Local Laws Matter
Grabba laws don’t just apply in-store. They also apply to online sales. Federal, state, and local regulations govern your ordering. This means if your state or city has strict rules or a tobacco ban, online retailers like Butta’s Hot Grabba must follow them, too. So, be sure to check the laws in your area before purchasing hot grabba chips!
Butta’s Hot Grabba Is Committed to Compliance
Grabba is legal in the US. However, it’s still subject to compliance with federal and statewide laws. We’re committed to this compliance as much as we are to offering you the highest-quality grabba, so you can buy with confidence. Shop now!