Lift on Massachusetts medical marijuana vape ban a ‘big victory’ for patients

The medical marijuana portion of the state’s vape ban will be lifted next week by court order unless the Cannabis Control Commission intervenes.

Gov. Charlie Baker’s emergency regulations banning the sale of all vaping products “are very likely invalid” as they relate to medical marijuana patients, said Superior Court Judge Douglas Wilkins, who ordered the state may not enforce its prohibition on card holders starting next Tuesday.

The judge’s ruling was hailed as a “big victory” by one patient involved in the suit.

“My peripheral neuropathy is very painful and when I use the vape the pain diminishes tremendously,” said Ipswich resident Frank Shaw, who has used medical marijuana vapes for pain management since 2017.

Shaw is one of many medical marijuana patients challenging Baker’s statewide vape ban in court.

“It’s a big victory,” Shaw said, adding that his last vape cartridge will run out by the end of the month.

Wilkins’ decision states Baker’s emergency order conflicts with the authority of the CCC and patients’ rights under medical marijuana laws.

A group representing medical marijuana patients argued that the CCC, not the Department of Public Health, is the only state agency that can regulate marijuana products.

Wilkins, in an order issued Tuesday, agreed and said the DPH “likely exceeded its authority by banning vaping products used by medical marijuana card holders.”

Wilkins ordered that the administration be “preliminary enjoined from implementing and enforcing” its emergency regulations as of Tuesday, Nov. 12.

Baker spokesman Terry MacCormack said in a statement, “The court’s order has no immediate effect.  With today’s ruling, the vaping ban remains in place for adult-use marijuana and nicotine products and the administration is in the process of working with the Attorney General’s office to appeal this ruling to the SJC.”

Wilkins wrote that the CCC should be the agency to issue an emergency regulation if it feels it is necessary.

He also stated in his decision, “The legislature did not want DPH to regulate medical marijuana, but the Emergency Regulations do just that. The conflict with the legislative scheme could not be clearer.”

Patients like Shaw who use medical marijuana vapes may turn to “undesirable” alternatives for pain relief like opioids, Wilkins noted.

“The longer the ban remains in effect, the more patients will face undesirable choices, including opioid use, black market purchases or suffering severe pain,” stated Wilkins.

The CCC will meet on Thursday, before the ban is to be lifted. A spokeswoman for the CCC said the agency is reviewing the ruling and has no comment at this time.

from Boston Herald https://ift.tt/2WNzf55