Cannabis distributor DYME has challenged Gov. Kate Brown’s ban on flavored vaping products. The lawsuit was filed the morning of October 31 through DYME’s subsidiary Herban Industries Oregon.
This is the second challenge to the executive order, as two weeks prior a coalition of vape sellers sued Gov. Brown and the OHA, arguing that the ban would cause irrevocable damage to their business. The Oregon Court of Appeals ruled in their favor, halting the ban in regards to flavored nicotine vaping products.
DYME is using the same argument, claiming to have lost 80 percent of their revenue since the ban’s reveal. The distributor has also been asked to buy back banned products, such as their Winberry Farms cartridges, one of the most popular brands in Oregon.
They further contend that the Oregon Liquor Control Commision overstepped the bounds of their authority. Their argument, as explained to Willamette Week by Andrew DeWeese of Green Light Law Group, is “that the rule-making procedure that the OLCC went through was procedurally defective—meaning that the agency didn’t adequately justify using the temporary (expedited) rule-making process it used, and therefore the temporary rule banning flavored vape products is invalid and unenforceable.”
The suit itself states that “there is simply no evidence to support the commission’s decision to prohibit flavored cannabis vaping products. This defect alone renders the vaping prohibition an invalid exercise of agency rulemaking authority, although the court need not wade into these issues to stay enforcement.”
DYME has asked that the court temporarily suspend the OLCC rules, in order to hold a judicial review.
By Brandon Urey