Contra Costa County Proposes to Ban on Delivery or Sale of THC and CBD Vaping Products

Contra Costa’s Board of Supervisors will vote on an ordinance that bans THC and CBD vaping products at its meeting tonight. Contra Costa adopted tobacco zoning and retailer licensing regulations in October 2018. The county currently bans flavored cannabis vape products.

The county plans to modify these regulations to prohibit the sale of THC and CBD e-liquids and any electronic cigarette that can be used to inhale THC and CBD in aerosolized or vaporized form. Contra Costa’s Board of Supervisors unanimously agreed to introduce the ordinance for adoption on November 12, 2019.

Contra Consta County is the first county in California to ban THC vaping products. However, our OBEDIO data shows that over 30 California cities and counties are considering additional restrictions around the sale of tobacco and vaping products. The California Department of Health reports that 163 people in California were hospitalized due to vaping related illnesses and 4 individuals died. California counties are reaching out to residents who were hospitalized to obtain information about how, when and where the products were obtained and used.

In September, Gavin Newsom signed an emergency order to direct the Department of Health to adopt rules for vaping products that address the current public safety issues. We expect that these rules apply to cannabis vaping products as the Department of Health has already warned California residents to stop using THC vapes.

California is not the only state that is regulating vape products. Washington and Colorado issued emergency regulations banning THC vape products that contain Vitamin E Acetate. Colorado is also banning the manufacturing of vape products that contain Polyethylene glycol (PEG) and Medium Chain Triglycerides (MCT Oil).

Consumers want access to vaping products. The regulators are listening. However, vaping products will become heavily regulated. We expect marketing, labeling and manufacturing regulations to morph over the next year as regulators try to ensure that products are as safe as possible.

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