Medical marijuana set to be exempt from Gov. Baker’s 4-month vape ban

A judge ruled that the ban as written undermined the state's medical marijuana law.

A woman takes a puff from a cannabis vape pen.
A woman takes a puff from a cannabis vape pen. –AP Photo/Richard Vogel, File

BOSTON (AP) — Medical marijuana products are set to become exempt from Massachusetts’ four-month vaping materials ban.

Suffolk Superior Court Judge Douglas Wilkins ruled a week ago that marijuana cultivated for medical use must be exempted from Republican Gov. Charlie Baker’s ban starting Tuesday.

Wilkins ruled that the ban can’t apply to marijuana card holders seeking to purchase marijuana vaping products. He said the ban as written undermines the state’s medical marijuana law.

Officials said patients will be able to resume making purchases at noon Tuesday.

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


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

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

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