Last month, Kazakhstan President Kassym-Jomart Tokayev signed legislation that will amend the law and make it illegal to sell and distribute vapes.
The new law, which will go into effect 60 days after the official publication of the legislation, will ban “non-smoking tobacco products, vapes, flavors, and liquids, as well as their advertising.”1“Kazakhstan bans vape sales and distribution,” Trend.Az, Apr. 19, 2024. https://en.trend.az/casia/kazakhstan/3888198.html
The penalties are harsh. If an individual or retailer is caught selling e-cigarettes, they could receive up to 50 days in jail. Importing and distributing e-cigarettes has an even harsher punishment, with criminals liable to receive up to two years in prison. Offenses committed repeatedly or by a criminal group on a large scale can receive up to five years in prison.
These amendments come as no surprise.
In February of this year, Parliament Member Shairbek Tashiev proposed amendments to the Code of Offenses and the Criminal Code to criminalize the sale and distribution of vapes. Following this, a public consultation was held, and the legislation started to take shape.
Speaking at the National Kurultai for the third meeting of the “Fair Citizen – Fair Labour – Fair Wages”2“Remarks by President Kassym-Jomart Tokayev at the third meeting of the National Kurultai ‘Fair Citizen – Fair Labour – Fair Wages’ — Official website of the President of the Republic of Kazakhstan,” Akorda.kz, 2024. https://akorda.kz/en/1-1525938 campaign in March, Tokayev mentioned that Parliament was considering the new bill. According to him, there is a dying “need to take systemic measures to combat the spread of vape devices, which cause significant damage to the health of children and young people.”
Interestingly, data from 2014 found that just 1.2% of adults in Kazakhstan were current e-cigarette users3“E-cigarette vaping in Kazakhstan,” Global State of Tobacco Harm Reduction. https://gsthr.org/countries/profile/kaz/2/, and only 7.2% of people had ever tried e-cigarettes. Data from a decade ago can’t be taken at face value, but it’s interesting nonetheless. Despite spending little on research into the impact of e-cigarettes, Kazakh officials are willing to approve harsh legislation and penalties.
In Kazakhstan, current smokers account for 20.9% of the overall population4“Tobacco smoking in Kazakhstan,” Global State of Tobacco Harm Reduction. https://gsthr.org/countries/profile/kaz/1/ and 37.7% of men are smokers. Given the astounding number of citizens who smoke, it makes more sense for the government to prioritize cessation aids, such as e-cigarettes. Although e-cigarettes are not harmless in themselves, they are proven to be less harmful than traditional cigarettes and have achieved success as cessation aids across the globe.
Kazakhstan might not be the only Central Asian country to impose a ban on e-cigarettes. If the Tobacco Reporter is correct, both Kyrgyzstan5“Kyrgyzstan Proposes Ban on Vapes.” https://tobaccoreporter.com/2024/04/11/kyrgyzstan-proposes-ban-on-vapes/ and Uzbekistan6“Uzbekistan Plans to Ban Heated Tobacco, Vapes.” https://tobaccoreporter.com/2024/04/14/uzbekistan-plans-to-ban-heated-tobacco-vapes/ are well on the way to establishing vape bans. Nearby Turkmenistan has already banned the sale and import of e-cigarettes, but Tajikistan allows and regulates them.
As part of the fight against vaping, the Kazakh administration partnered with athletes to persuade citizens to exchange their vapes for sports equipment. Karate athlete Alikhan Asubayev said, “We want to teach young people through this campaign the importance of engaging in sports and maintaining good health.”7F. Kemelova, “Kazakhstan Bans Vape to Protect Nation’s Health – The Astana Times,” The Astana Times, Apr. 22, 2024. https://astanatimes.com/2024/04/kazakhstan-bans-vape-to-protect-nations-health/#:~:text=%E2%80%9CThe%20law%20establishes%20a%20ban
Kazakhstan has yet to report on the effectiveness of this campaign.
Like a lot of world leaders, Tokayev has ignored the dangers of traditional cigarettes entirely and instead focused on its less harmful cousin. If it’s true that history repeats itself, Kazakh leaders will see a black market for e-cigarettes in no time.
