PORTLAND, OR (KPTV) – In a change to Oregon’s vaping ban, the Oregon State Court of Appeals on Thursday issued stays on both marijuana and nicotine-based vaping product bans while judicial review takes place.
On Oct. 4, Gov. Kate Brown issued an executive order that directed the Oregon Health Authority and the Oregon Liquor Control Commission to enact a temporary, 180-day ban on the sale of flavored vaping products.
The OHA and the OLCC then filed temporary rules, with the ban going into effect on Oct. 15.
Two days later, a judge issued a temporary stay on the ban on nicotine-based flavored products, but shops were still unable to sell THC-based products.
Despite the nearly 2,000 vaping-related illnesses nationwide, and two deaths in the state of Oregon, the court Thursday sided with Herban Industries, a cannabis grower, manufacturer and distributer that sued the OLCC after the temporary ban was put in place.
In court documents, a judge said that the OLCC was “unable to tie lung injury cases to the type of flavored vape cartridges at issue” and said, “The court is not convinced that there is a risk of harm to the public if the enforcement of the rule is stayed.”
The judge also found that there was risk of harm to the business which demonstrated incredible sales losses as well as the risk of cutting employees.
Also Thursday, another stay was put in place on the temporary ban of flavored nicotine vaping products.
In this latest ruling, the court determined OHA had overstepped its authority to implement the ban, saying, “Indeed, given that the cause of illness is unknown, it would be extremely speculative to say that any risk of harm to the public would result from granting a stay.”
These stays are now in effect pending judicial review or further order of the court.
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