Vaping in Oregon: The Flavored Items Ban is Just the Starting

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On Friday, Oregon Governor Kate Brown issued Executive Order No. 19-09 (the “Order”), which directs the Oregon Liquor Manage Commission (OLCC) and the Oregon Well being Authority (OHA) to “take instant action to address the vaping public well being crisis.” In one particular sense, the Order is narrower than numerous men and women feared and anticipated: particularly, it bans only “flavored vaping products” and not all vaping solutions. In yet another sense, the Order is broader than anticipated: it demands OLCC and OHA to come up with emergency guidelines, legislative proposals and even an anti-vaping education campaign, whilst making a Vaping Public Well being Workgroup to presumably drive Oregon policy going forward.

Straight away following the Order’s release, there was a flurry of requires on its which means and effect. Items evened out a bit following OLCC issued a news release of its personal (the “News Release”), clarifying that agency’s reading of the Order “does not consist of terpenes derived from marijuana as flavor” to fall inside the ban (much more on that under).

This weblog post answers some higher-level concerns we received from clientele in the instant wake of the Order and the News Release, and provides some thoughts for going forward.

Does the ban take instant impact? No, in the sense that the Order itself does not ban anything– like flavored vaping solutions of any type. Alternatively, it directs OLCC and OHA to take that step via “immediate” emergency rulemaking. As far as when these guidelines will problem, the News Release does not commit to any particular date, but it is very most likely that we will have guidelines this week or subsequent.

What’s going to occur with banned solutions? The News Release states that “OLCC will offer additional guidance to licensees about taking inventory of flavored or non-marijuana terpene-containing solutions, removing them from retail retailer shelves and setting these products aside.” This suggests that there will be no grandfathering of non-marijuana terpene-containing (“NMTC”) solutions developed or distributed just before the guidelines take spot. Retailers need to note that the News Release warns of “compliance checks” to boot.

What does sector assume? Most men and women and sector trade groups appear to really feel that the Order, coupled with the News Release, is considerable but could have been much more disruptive. Any one creating NMTC solutions is of course going to need to have to adapt incredibly quickly–and at least one particular estimate puts about half of all processors in this category–but offered the grave public well being concern and feasible option solutions presented to Governor Brown, a six-month ban that is restricted to NMTC solutions is a thing people can perform with. And they will have to.

What need to vape processors be performing? Apart from the apparent step of moving away from NMTC formulations, processors need to think about: 1) communicating with distribution and retail partners as to solution line revisions two) re-functioning packaging and labeling submissions for OLCC critique and approval, as necessary (there will be bottlenecks right here) three) functioning on public and customer messaging and four) reaching out to OLCC at marijuana@oregon.gov with any informed and constructive input for the rulemaking procedure.

Are vape solutions aside from NMTC solutions in the clear? In the quick term, seemingly yes. But in the mid- and extended term, undoubtedly not. As described above, the Order is broad in that it creates a Vaping Public Well being Workgroup to make suggestions on Oregon’s “vaping public well being crisis.” No one particular knows what these suggestions will be, but an outright ban on vaping solutions is undoubtedly in play. Components that may possibly drive the Workgroup’s suggestions consist of: 1) any new information and facts or scientific consensus on the result in of the vaping injuries two) federal action, like by and via Meals and Drug Administration (which has lastly begun to perk up on vaping) three) the findings and suggestions of the Vaping Public Well being Workgroup and four) additional action by Governor Brown and the Oregon legislature.

This final point is worth drilling down on a bit additional: in the Order, Govern Brown demands OLCC and OHA to in fact create legislative proposals, presumably for the 2020 session which starts in earnest subsequent February. Due to the fact it is a quick session, we would have any new state laws on vaping by March of subsequent year. The order particularly asks for legislative proposals to: 1) ban all flavored vaping solutions permanently, like these containing nicotine or THC two) disclose all components in vaping solutions to shoppers three) raise the regulatory oversight of vaping solutions and four) clarify and expand OHA’s authority to take action. So, a wide scope.


We are at a essential but early point on regulation of vaping each inside and outdoors of the OLCC industry in Oregon. Every thing is in play, from the continued prohibition on NMTC solutions to an outright ban on vaping-connected sales altogether. Provided the variety of variables informing the feasible outcomes, it is practically not possible to predict what will occur. For now, sector need to help a broad inquiry into the causes of the public well being epidemic whilst preparing to retool on the fly.

Keep tuned as we continue to cover cannabis vaping law and policy inside and outdoors of Oregon. Tomorrow, we will address what cannabis firms can count on nationwide with respect to company impacts from the vaping epidemic.

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