Oregon Court Blocks State's Ban On Flavored Vape Products Containing Cannabis

Nov 18, 2019
Originally published on November 15, 2019 10:15 am

The Oregon Court of Appeals has blocked the temporary ban on flavored cannabis vaping products.

Last month, the court issued a stay on Gov. Kate Brown’s ban on flavored tobacco vaping products. Now the court has blocked the ban on flavored vaping products that contain cannabis.

Jesse Bontecou with the Oregon Retailers of Cannabis Association said he’s encouraged.

“We want every decision regulating our industry to be evidentiary based and scientifically based," said Bontecou.

"And we’re encouraged that the court agreed with that position and thinks that there is a need for a deeper dive into the scientific aspects behind the ban.”

Brown pushed for the flavor ban after two Oregonians died from severe lung illness linked to vaping. So far nationwide, 42 people have died and 2,172 have been sickened across every state except Alaska.

Federal investigators are increasingly focusing on the additive vitamin E acetate as a likely source of the problem, rather than flavors. Flavors have been in use for many years.

Marijuana business Dyme Distribution filed suit against the state over the flavored cannabis ban. It distributes for one of the largest flavored vape cartridge companies in Oregon, Winberry Farms. 

Dyme told the court the ban had caused irreparable harm and it should be suspended until the lawsuit is settled.

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