The Tasmanian Liberal government says it will override federal legislation and strengthen restrictions on the sale of nicotine vaping products to only adults with a prescription.
Federal changes came into effect on July 1 that banned the sale of vape products outside of pharmacies, with customers requiring a prescription.
But they will be scaled back from October 1, to allow adults to buy them from pharmacies without a prescription (anyone under 18 will still need a prescription).
The weaker restrictions from October came after the federal government reached a deal with the federal Greens in order to get enough support to pass the legislation.
Australia became the first country to ban the sale of vapes outside of pharmacies, forcing vape stores to close, while the products will be subject to plain packaging requirements and limited to mint, menthol and tobacco flavour.
Tasmania to ban sale to adults without prescription, all children
Health Minister Guy Barnett says Tasmania has an obligation to protect children from vaping. ( ABC News: Luke Bowden )
But Tasmanian Health Minister Guy Barnett said the "watered-down" federal laws "do not go far enough to protect our children and young people".
He said the state government would introduce legislation in the coming weeks to restrict the sale of vapes in pharmacies to only adults with a prescription.
The sale to anyone under the age of 18, with or without a prescription, will be banned.
Australia has introduced the world's toughest laws on vape sales, but these will be relaxed slightly in October through pharmacy sales. (AAP: Diego Fedele)
Tasmania will be the first state to attempt to override the changes, proposing an amendment to the state's Public Health Act, which Mr Barnett said had been "checked and reviewed" to ensure it could override federal laws.
He said state and territory health ministers had agreed to the original laws, but not the October 1 changes.
"We had an agreement around the table with all the health ministers of Australia, state and territory, and the federal health minister, and so incredibly disappointed that it wasn't supported through the parliament," he said.
"We do not agree with the federal government's legislation, and we are taking action to resolve it.
"We have worked closely with relevant stakeholders who are seeing the impacts of vaping on our community, and I thank them for their input into these strong preventative health measures."
Mr Barnett said the laws would be designed to "apply from October 1".
Pharmacists have been concerned that the October changes would effectively turn their businesses into "vape shops". (ABC News: Che Chorley, CHE CHORLEY)
Pharmacy Guild says October 1 'looms large' for sector
The Pharmacy Guild of Australia welcomed the Tasmanian government's position, saying the original Commonwealth legislation was supported by the community pharmacy sector, but the upcoming October changes had caused concerns.
Tasmanian guild president Helen O'Byrne said pharmacists were concerned about dispensing products that had not been approved by the Therapeutic Goods Administration (TGA).
Helen O'Byrne, Tasmania president of the Pharmacy Guild of Australia, has welcomed the state government's decision. (ABC Rural: Lachlan Bennett)
"1 October 2024 looms large for community pharmacists across the country, as the day they bear the sole burden of supplying a product known to be harmful and addictive to Australians," she said.
"We didn't ask for it and we don't want it in community pharmacy.
"All we want to see is an end to kids vaping. [The Tasmania] decision will expedite that outcome with better regulation."
The Greens pushed for the October 1 change to avoid an absolute prohibition, arguing such policy had failed in other countries. (ABC News: Tony Ibrahim)
Federal Health Minister Mark Butler has been contacted for comment.
Tasmanian approach and prohibition model a 'mistake'
The federal Greens pushed for pharmacies to be able to sell vapes to adults without prescriptions to avoid a complete prohibition model, arguing that prohibition had failed in other areas of public health.
Tasmanian independent senator Tammy Tyrell says the Tasmanian government's move is a "mistake".
"It'll clog up doctors appointments Tassie doesn't have available and push people to access dodgy vapes on the black market when they can't get a script," she said.
Senator Tyrell said she had family members use vaping to quit smoking, and it would be "hypocritical" to prevent others from having that choice.