You can still charge people for possession, but "use" is so vague it's almost comical. How are you gonna check their fault? Vapes can be nicotine-free, so that would require a blood test, something that passive smoking might throw off. If they're using videos, photos, or even audio as evidence there's no way to distinguish nic-free vapes, or real cigarettes from props.

Maybe I'm just that jaded, but it looks like a convenient "throw em in jail" card. Throw a half-smoked cig into somebody else's bag and bingo. The only good test I can come up with is smell, but that's gonna be long gone by the time you're processed.