Believed to be the first case against vape industry, a 27-year-old trader was charged at the Kota Baru Magistrate's Court yesterday with unlawful possession of nicotine under the Poisons Act 1952.

Sinar Harian reported the accused, Muhd Azahar Safie, had pleaded not guilty yesterday to possession of nicotine-laced vape liquids seized from a stall at the Wakaf Che Yeh night market on Nov 5.

Authorities had reportedly seized 518ml of vape liquids in various flavours during the raid.

Vape liquids are generally sold in 30ml bottles.

Muhd Azahar was charged under Section 9(1) of the Poisons Act 1952 that prohibits sale or possession of any poison unless in accordance with regulations made under the Act.

Nicotine is classified as a Group C poison that can only be sold as “dispensed medicine” by licensed pharmacies and registered medical practitioners.

If found guilty, Muhd Azahar faces a fine of not more than RM3,000, a maximum one-year imprisonment or both.

Kelantan exco Abdul Fattah Mahmood had earlier this month said that the state government is expected to decide today whether to ban or regulate vaping in the state.

This follows a similar prohibition by the Johor state government beginning Jan 1 after its ruler Sultan Ibrahim Sultan Iskandar had issued a royal decree on the matter.

Despite a Health Ministry crackdown on vape liquids, the federal government is currently developing laws to regulate the entire industry.