OREGON — The tobacco ban was lifted after the Oregon Court of Appeals ruled the flavored vaping ban can’t apply to tobacco-based vaping products sold under the Oregon Health Authority.
Now, a cannabis company is trying to do the same for flavored, cannabis vaping products.
According to court documents, the company, Herban Industries, asked the Court of Appeals to issue an order telling the OLCC they are not allowed to enforce the ban on cannabis-flavored vaping products.
The company’s attorney tells NBC5 News they’re arguing the agency did not properly go through the process of making a temporary ban. And like the tobacco companies, they say Herban Industries will suffer irreparable harm if the ban is enforced.
“Because the standard is you have to show irreparable harm and the nicotine folks filed affidavits clearly showing irreparable harm, the court made the right decision in that case,” said the company’s attorney, Andrew Deweese. “I don’t know why they wouldn’t make the same decision in our case.”
The Oregon Court of Appeals has not issued a ruling yet.
It’s unclear when a decision will be announced.