Judge: Medical marijuana products exempt from vaping ban

Suffolk Superior Court Judge Douglas Wilkins says the ban as written undermines the state's medical marijuana law.

A patient purchases medical marijuana inside New England Treatment Access in Brookline.
A patient purchases medical marijuana inside New England Treatment Access in Brookline. –Jessica Rinaldi / The Boston Globe

BOSTON (AP) — A Massachusetts judge says the state’s ban on the sale of vaping products can’t be enforced on medical marijuana products.

Suffolk Superior Court Judge Douglas Wilkins ruled Tuesday that marijuana card holders seeking to purchase marijuana vaping products should be exempt from the four-month ban.

He says the ban as written undermines the state’s medical marijuana law.

A group representing medical marijuana patients argues only the state Cannabis Control Commission can regulate marijuana products.

Republican Gov. Charlie Baker issued the emergency ban in September in response to lung illnesses attributed to use of e-cigarette products.

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Wilkins says the medical marijuana exemption must take effect by next Tuesday.

The cannabis commission meets Thursday and could discuss issuing its own ban on marijuana vaping products.

The vaping industry is also challenging the broader ban in court.

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