On October 9, 2019, the Washington State Board of Health (“BOH”) voted to adopt emergency rules banning flavored vapor products, including marijuana products, in Washington State. The ban is effective as of October 10 and will run for 120 days. It’s not as if we didn’t see this coming. On Monday, Hilary Bricken wrote on this blog that cannabis businesses should expect these types of vapor bans.  Previously, on September 27, Governor Jay Inslee issued…

In a recent tweet, the Canada Border Services Agency (CBSA) reminded us that transporting CBD oil into Canada remains illegal. While in most places south of the 49th parallel what CBSA has to say is of little consequence, it certainly matters here in Washington State, where you’re never too far away from the Canadian border. The full text of the tweet reads: #DYK that transporting #CBDOil across the border remains illegal? Transporting any form…

Unless you’ve been living under a rock, you know that the U.S. is facing a vaping epidemic where consumers are potentially inhaling/ingesting very toxic chemicals in the form of vaporized nicotine liquid and THC oil. The Centers for Disease Control and Prevent (CDC), Food and Drug Administration (FDA), and state and local governments are still trying to figure out what exactly is causing vapor-related illnesses and even death in some cases.…

On Friday, Oregon Governor Kate Brown issued Executive Order No. 19-09 (the “Order”), which directs the Oregon Liquor Control Commission (OLCC) and the Oregon Health Authority (OHA) to “take immediate action to address the vaping public health crisis.” In one sense, the Order is narrower than many people feared and expected: specifically, it bans only “flavored vaping products” and not all vaping products. In another sense, the Order is broader than expected: it requires…

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the…

The 2019 Oregon legislative session resulted in the adoption of several new laws concerning cannabis. You can read our definitive list here, our preview of the session here and a mid-session update here. One notable change was the passage of Senate Bill 218, which authorizes the Oregon Liquor Control Commission (OLCC) to refuse to issue initial marijuana production licenses at its sole discretion, based on supply and demand in the state. Implementing this…