BOSTON – Medical marijuana users are on track to regain access to vaping products starting next week after the Cannabis Control Commission did not uphold the Baker administration’s ban, though that permission could be short-lived amid ongoing legal challenges and potential future regulations from the commission.
The ban’s coverage of medical marijuana products is set to lift Tuesday — but remain in place for other vaping products — following a ruling this week from Superior Court Judge Douglas Wilkins that only the CCC, not the Department of Public Health, has authority to regulate cannabis.
Under Wilkins’s decision, the CCC could have voted to retain the ban’s coverage of medical marijuana vape products, but members opted not to take that action at a Thursday meeting.
Instead, commissioners approved a motion to start creating new medical and recreational marijuana regulations, which they said gives them the ability to respond to potential changes in the legal landscape.
Executive Director Shawn Collins indicated that, if the ban is lifted, he is “leaning toward” pursuing a quarantine of oil-based cartridges to allow full investigation of whether the products are safe for consumers.
The administration appealed Wilkins’ ruling and asked for a temporary stay preventing the medical marijuana vape ban from ending to avoid confusion. A decision on whether to stay Wilkins’ order could come before Tuesday’s deadline.