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Oregon state officials spent much of the day weighing the legal consequences of banning vape sales in the state, but by day's end did not appear close to a decision.
The Oregon Department of Justice says it's reviewing a list of possible crackdowns suggested by Gov. Kate Brown in the wake of a second Oregon death linked to cannabis vaporizer cartridges. But people close to the decision-making did not expect an announcement tonight.
Late this afternoon, the Oregon Health Authority released a list of options in had provided Brown to staunch the use of vaping products in the state.
"The Department of Justice is reviewing the options that have been laid out by OHA, and in the coming weeks, our office will be working closely with DOJ, OHA, and other relevant state agencies to determine a path forward under Oregon law that protects the public health of all Oregonians when it comes to vaping products," said Charles Boyle, press secretary for the governor.
A spokeswoman for the Department of Justice told WW she could not discuss the review, because it is covered by attorney-client privilege. "We are working on providing the Governor with legal guidance on the questions she raised yesterday," Kristina Edmunson said.
The health agency provided six different options for Brown.
The first would place a 6-month ban on the sale of all vaping products, which would also include online sales. That's the option that best fits with the governor's request on Sept. 26 for a statewide ban on all vaping products. But state officials have voiced concern that even an emergency ban wouldn't hold up in court.
None of the other options released by the OHA today would be nearly that strong. They range from offering reimbursement for tobacco-cessation programs to asking the federal government for a ban.
Meanwhile, Washington Gov. Jay Inslee today ordered that state's health authority to ban sales of flavored vapes.