Memorandum to Medical Marijuana Treatment Centers (MTCs) and Marijuana Establishments | Public Health Emergency and Temporary Ban on Vaping Products | September 25, 2019

On September 24, 2019, Governor Charles D. Baker declared a public health emergency, and the Commissioner of Public Health issued a temporary ban on the sale of all vaping products, including devices and cartridges. Cartridges, vaping accessories and devices, and refills for cartridges must be removed from shelves and not sold for four months. This announcement is informed by Federal and state actions, including a Centers for Disease Control health advisory and Massachusetts Department of Public Health clinical advisory.

To comply with the Commissioner of Public Health’s order, businesses licensed by the Cannabis Control Commission (Commission) may not sell vaping cartridges, devices and accessories, or refills for cartridges. Licensed Marijuana Establishments and MTCs may continue to sell flower, tinctures, edibles, and concentrates. Along with removing cartridges, refills, and devices from shelves, Marijuana Establishments and MTCs may contact Metrc to create a quarantine room within Metrc to identify and manage inventory for the duration of the ban.

The Department of Public Health has issued signs for retail establishments to use and is developing further guidance documents to assist retailers.

Related, on September 24, 2019, the Commission adopted regulatory requirements for additives in concentrates and agreed to further examine controls needed to ensure product safety. Promulgation of those regulatory changes is pending. Before implementing these requirements, the Commission will seek input from its licensees on current use of additives, thickening and thinning agents, cutting agents and third-party botanically derived or artificial terpenes used in vaporizer cartridges and marijuana concentrates. The Commission will issue a voluntary survey to licensees soon. The results of this anonymous survey will help the Commission build policies on production of cannabis concentrates.

NOTE TO PATIENTS AND CONSUMERS: Do not modify cannabis products or add any substances to these products that are not intended by the manufacturer. Patients and consumers should purchase cannabis products only from licensed entities.

NOTE TO RETAILERS: If patients/customers report symptoms such as shortness of breath, fatigue, chest pain, cough, and weight loss that they believe are related to vaporizing, please encourage them to contact their healthcare provider.