In 62 BC, Julius Caesar announced his plan to divorce his second wife, Pompeia. She had been involved in an ancient Roman sex scandal, accused of flirting with another man during a women-only religious event. Even though he thought she was innocent, Caesar didn’t welcome the bad publicity. He served her papers, stating, “The wife of Caesar must be above suspicion.”
While not a great argument for separation, the proclamation articulates a point about society’s unspoken standards: Those who have little power and lots of spotlight must adhere to a higher code. Today, we can see this sentiment play out in the harsh treatment doled out to teachers, flight attendants, referees, and other under-valued roles. Those with power, however, get to do pretty much anything they want and get away with it. To paraphrase comedian Chris Rock, “If you work at McDonald’s and get caught smoking crack, you’ll get fired the next day. But if you’re the mayor…”
Caesar’s axiom also applies to entire industries—especially smoke shops. Conversations around hemp and vaping products are heating up, with politicians at every level eager to clamp down on what they see as unsafe and unseemly items. In a typical example, zealous district attorneys in Pennsylvania recently published a 107-page Grand Jury Report entitled, “Unregulated, Unsafe and Illegal — The Reality of Smoke Shops” that bluntly couches the need for regulation in terms of moral collapse. It calls for increased oversight “in order to protect the public, especially children.”
The only way to withstand the pressure of powerful regulators is to remain above suspicion. It’s something the most profitable industries have understood for years. The best way to escape the crosshairs of bureaucratic scrutiny is to police yourself.
Countering the Hammer
Like a teenager with a neck tattoo and a muscle car, hemp products invite increased scrutiny. And it’s not completely the fault of prejudiced politicians. Nearly the moment the 2018 Farm Bill legitimized American hemp, product producers began to edge toward the legal line.
The first years brought headlines about “hot hemp” products that contained higher-than-legal THC levels. Since then, a raft of little-known and newly discovered cannabinoids has pushed legal loopholes to their breaking points.
The proliferation of these new products doesn’t sit well with regulators, and it remains their primary grudge against smoke shops. (The Pennsylvania grand jury report notes that undercover buys sampled 144 products and found that 93.75% tested over the legal limit).
The easiest way to find a steady path then is to stay within the spirit—not the letter—of the law. Think of it like practicing Originalism, the legal theory that dominates the thinking of the U.S. Supreme Court. Originalism holds that laws should be interpreted by the original intent of the law, not what its words mean in a modern context. In simpler terms, it’s all about concentrating on the spirit of the law instead of sticking to technically correct workarounds.
In practice, it looks like due diligence. Don’t leave it to your customers to check third-party testing sites, do it yourself—every time. Stock only the products that reliably pass THC tests, don’t contain heavy metals, and deliver what they promise. If you’re not sure which products are the most egregious law violators, check out that Pennsylvania grand jury report (or search online for a similar report closer to home). It’s always a smart idea to know which products have already caught the attention of regulators. It’s common sense to avoid stocking the products that politicians and law enforcement officials have warned against.
Think of the Children
When regulators decide to crack down on hemp and vaping products, it’s often about making a big splash. They want to dominate the news cycle because they want voters to see their work. Paradoxically, that’s good news for smoke shops. When politicians want to be seen on the front lines, they have to publish their battle plans. That makes it easy to spot what will draw the most attention.
If regulators in your area beat the drum for child safety, phase out the brightly colored packaging. If they’re concerned about high potency, make sure your stock stays under the limit. Some jurisdictions fold smoke shop regulations into supply chain issues, taking issue with the cheap Chinese stuff. If that’s the case where you are, make sure your floor is handsomely decorated with only the finest American-made vape carts and glass. Stock only what you can document, like brands with verifiable sourcing, with packaging that doesn’t look like it fell off a truck.
The Fog of War
When it comes to vapes, the rules for staying ahead of enforcement aren’t as clear. For years, smoke shops have sold non-FDA-approved products with a smile and a shrug. Police mostly abide by the unsaid understanding that everybody does it, and new laws will eventually sort things out. Now, signs indicate the tenuous peace is cracking.
Shop raids rose throughout 2025, with a particularly well-publicized Chicago-area bust that snagged over $85 million in “illegal” e-cigs. This high-priced seizure came courtesy of federal authorities, who consistently outpace their state and local counterparts when it comes to vaping busts. They’re also more interested in supply chains than fruit flavors.
The rule for selling vapes legally is simple: sell what you can defend.
If you can show you’re selling products that don’t come from places like China, you’ll be less likely to encounter federal resistance. You want to sell flavored stuff, keep it behind the counter.
Think Smart
Because they exist at the convergence of youth culture, new products, and foreign supply lines, smoke shops are an obvious choice for regulatory crackdowns. And, unfortunately, no one is coming to save us. Big Pharma and Big Tech get greater leeway because they’ve got deep pockets. Big Hemp isn’t so lucky.
Politicians’ impulse to regulate products is only partially about producing laws; these days, they seem just as interested in producing culture. Some officials want to determine, through some combination of data-driven polling and gut vibes, the villains of our culture wars. When they point fingers at smoke shops, the response is clear: Adopt the Caesar’s wife standard.
Don’t trust in legal technicalities to protect your livelihood. Stay above suspicion. And don’t get caught selling dirty.
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