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Vape Ban Excludes Nicotine Vapes, For Now

Flavored vape products that include THC still banned in Oregon

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Last week, the Oregon Court of Appeals granted a temporary stay on the new rules that would have temporarily banned flavored vaporizer products in the state—meaning that for now, flavored nicotine vape products can stay on the shelves.

HEALTH.MIL, DOD PHOTO

The Court of Appeals granted a temporary stay on the Oregon Health Authority rules, which went into effect Oct. 15 after Gov. Kate Brown issued an Oct. 4 executive order temporarily banning flavored vape products in the state. That 180-day ban came after two deaths in Oregon, reportedly linked to a mysterious vaping-related lung illness.

The temporary stay, announced Oct. 17, was initiated by a handful of companies selling nicotine vaporizer products in Oregon, which claimed the ban would force them out of business. The stay suspends the enforcement of OHA's temporary ban on flavored nicotine vaping products, but doesn't affect the ban on flavored THC vape products. The ban on THC products does not include terpene- or marijuana-derived flavored vape products—meaning that at local dispensaries, many vape products continue to be offered to customers.

According to OHA, the Department of Justice's "appellate division will be defending the rules and responding to the request for a stay."

About The Author

Nicole Vulcan

Nicole Vulcan has been editor of the Source since 2016. While the pandemic reduced "hobbies" to "aspirations," you can mostly find her raising chickens, walking dogs, riding all the bikes and attempting to turn a high desert scrap of land into a permaculture oasis. (Progress: slow.)

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