Oregon Court Blocks Ban on Flavored Cannabis Vape Products

Oregon was planning on banning flavored cannabis vape products, but the Oregon Court of Appeals put a stop to the proposed legislation on Nov. 14.

According to The Bulletin, this order came about one month after a similar ban on flavored nicotine vaping products was blocked in the state. The emergency ruling was challenged in court by Herban Industries LLC., a company in Oregon that operates under the name Dyme Distribution and sells a vape pen line called Winberry Farms. The motion claimed that the new rule didn’t go through the proper channels. “With respect to likelihood of irreparable harm in the absence of a stay, petitioner explains that enforcement of the rule is having a catastrophic effect on its business,” Appellate Commissioner Theresa Kidd wrote in the legal order. “Sales of the Winberry brand flavored vape cartridges represent more than 80 percent of petitioner’s monthly income . . . In absence of those revenues, petitioner cannot sustain workforce of over 30 farmers, drivers, packagers, and sales associates.”

“I think the most important thing is this: that the products that were banned have never been shown to cause any of these vape-related lung illnesses,” Andrew DeWeese of Green Light Law Group, one of the attorneys who filed against the ban, said. “Hopefully now, we’ll get some temporary rules that really protects consumers rather than take products off the market that have gone through Oregon’s great testing (process).”

While some still claim that vaping is dangerous and can result in fatal vaping sickness, others are feeling relieved that vitamin E acetate has been identified as the most likely culprit of vaping sickness. Hopefully, since Oregon has been pretty good about testing products for any signs of contamination, there will be no further issues with flavored cannabis vaping products.

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