“The Oregon Health Authority and the Oregon Liquor Control Commission filed temporary rules that put into effect Gov. Kate Brown’s Oct. 4 executive order banning all flavored vaping product sales in the state. The temporary rules, which will remain in effect for six months starting Oct. 15, prohibit the sale of all flavored vaping products—including online sales—to consumers in Oregon. The ban covers all tobacco and cannabis (marijuana and hemp) vaping products that contain natural or artificial flavors including, but not limited to, chocolate, coffee, cocoa, menthol, mint, wintergreen, vanilla, honey, coconut, licorice, nuts, fruit, any candy, dessert, alcoholic or non‐alcoholic beverage, herb or spice. Tobacco‐flavored tobacco or nicotine products, as well as marijuana‐flavored marijuana or THC products that use only marijuana‐derived flavorings, including terpenes, are not included in the ban.”
~Statement by the Oregon Liquor Control Commission
What is considered a flavor in a cannabinoid vapor product?
Below are the definitions from the emergency rule. For purposes of this rule the OLCC considers a nonmarijuana terpene to be a flavor. “Flavor” means an artificial or naturally-occurring substance that contains a taste or smell, other than the taste or smell of cannabis, that is distinguishable by an ordinary consumer either prior to or during the inhalation of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, nut, fruit, any candy, dessert, alcoholic or nonalcoholic beverage, herb, spice or concept flavor. “Non-marijuana terpene” means a terpene or terpenoid derived from a source other than marijuana.
What is an inhalant delivery system?
“Inhalant delivery system” means: A device that can be used to deliver nicotine or cannabinoids in the form of vapor or aerosol to a person inhaling from the device…” See ORS 431A.175 for more detail. Generally speaking, this includes vape cartridges, pods, “all-in-one” disposable vape pens and syringes used to refill vape cartridges. It does not apply to dabbing.
Are cannabinoid vapor products that include only terpenes from marijuana okay to sell?
Yes. Only non-marijuana derived terpenes are considered a flavor in the current OLCC rule.
How long is the ban and the emergency rule in effect?
The Governor’s Executive order and the emergency rule will be in effect for 180 days. The OLCC will continue to send updates and timelines as new information becomes available.
Are other products, like edibles, allowed to have flavors?
Yes, other product types are fine. The ban only affects flavored cannabinoid vapor products.
Can I still use flavored rolling papers for pre-rolls?
Yes, pre-rolls are not affected by the flavored cannabinoid vapor product ban.
I have questions about nicotine vapor products, where can I find more information?
The Oregon Health Authority has a website designated for information on vaping: www.healthoregon.org/vaping