We have been patiently wanting in anticipation to see if Oregon will get its act together and release the temporary ban on flavored cannabis vaporizing products. Fortunately, today the Oregon Court of Appeals made the decision to officially block the state’s ability to ban flavored cannabis vapes on a temporary basis.
Gov. Kate Brown announced the temporary ban of flavored vapes (both nicotine and cannabis) after two Oregonians died and several others grew ill after vaping earlier this year. Brown proposed that the Oregon Liquor Control Commission, which regulates cannabis, to create and implement rules to clear up the issue in the meantime.
On Nov. 1, a cannabis company named Dyme Distribution took action and sued the state over the ban. Dyme is known for assembling products for Oregon based Winberry Farms, which is a primarily flavored vape cartridge company.
Dyme contended that the temporary ban has caused irreversible damage to Dyme and that the rules and guidelines need to be put on pause until the lawsuit is settled in court.
“In sum, the court has considered petitioner’s likelihood of success on judicial review, the likelihood of irreparable harm to petitioner absent a stay, and the likelihood of harm to the public if a stay is granted, and concludes that those factors weigh in favor of granting a stay,” the court order read.
One of the lead lawyers who filed the lawsuit on behalf of Dyme, Andrew DeWeese of Green Light Law Group, tells WW he “applauds” the decision by the court.
“The Court correctly recognized the OLCC could not connect flavors with the lung injuries we’re seeing from vaping, and that failing to stay the ban would result in irreparable harm to our client,” DeWeese said. “We look forward to public health authorities providing real protection to consumers by identifying the real culprits behind the lung injuries.”
For now retailers can restock their dispensary shelves with flavored cannabis vapes and don’t have to worry about being punished.