Panel of Former ATF and DEA Officials Examines Challenges in Enforcing Nicotine Vaping Laws

Former federal law enforcement officials discussed potential solutions and the impact of inaction against the illegal selling of nicotine and vapes on Wednesday, April 22, 2026. The panel, part of Daily Caller Live: Cracking Down on Illicit Nicotine and presented by Regulate Smarter, featured experts who served with the ATF and DEA.

Daily Caller reporter Ashley Brasfield spoke with the panelists about the gap between existing laws and their enforcement against illicit nicotine and vapes.

Tom Lesnak, a former ATF special agent, described the illicit nicotine problem as a four-billion-dollar-a-year issue. 'We have so much of this illicit product in every state in the country, it’s going to take a better effort than what we’ve put forward,' Lesnak said. He stated that agencies struggle with a lack of resources and personnel, which puts illicit vapes on the back burner.

Lesnak stated that agencies already struggle with a lack of resources and personnel, thus putting illicit vapes on the back burner. He added that his strategy is to emphasize the link between the sales of these products and violent crime and drug trafficking to encourage more serious investment in fixing the problem.

'By the time ATF, FDA, and DEA heard about this problem, they were four years too late,' Lesnak said, emphasizing that the problem should be left up to the locals.

Locals need to carry out the brunt of the work, as they already know where the bad guys are, but that they rely on the collaboration of state and federal authorities.

Richard Marianos, former ATF assistant director, said vapes were originally designed for tobacco harm reduction. He identified illicit vapes produced in China, trafficked through the southern border, and sold in American licensed crack houses as the core problem.

Marianos stated that the administration has approved $200 million for efforts against illicit nicotine and that local police need access to these funds for ground assaults, noting that deterrence works.

'When they all work together, this could be won,' Marianos said. 'We can win this. We can beat this. ' Lesnak added to Marianos’s comments, arguing that this is different than other drug busts, as they already know where the bad guys, warehouses, factories, importers, and the shelves in which these products are sold are.

'This is not a complex investigation,' Lesnak said.

The panel conversation emphasized the need for combined efforts from states, local, and federal law enforcement to address the widespread presence of these products.

The article detailing the panel was reported by Derek VanBuskirk on April 23, 2026, at 5:55 PM ET.

The Daily Caller reported these details from the event presented by Regulate Smarter. The discussion underscored enforcement challenges and the potential for targeted resource use to combat the trade.