Pennsylvania Commonwealth Judge Overturns Controversial Cannabis Vape Ban

PENNSYLVANIA – Cannabis companies in Pennsylvania can now sell vape cartridges again, nearly four months after the Department of Health mandated a ban and recall of cannabis concentrates.

According to The Philadelphia Inquirer, the ruling in February banned 670 tapes of cannabis concentrates, which came out to 330,000 units that were approved for sale for medical patients across the state. Patients and companies were equally surprised by the move. Health Department regulators were unwilling to divulge details beyond the cartridges containing “added ingredients that have not been approved for inhalation.”

A group of concerned companies and activists fought the recall in Commonwealth Court under a coalition called Medical Marijuana Access & Patent Safety Inc. They argued the ban was invalid and based on de facto new regulations from the FDA.

On June 2nd, Commonwealth Court Judge Michael J. Wojcik overturned the recall, granting a preliminary injunction. On June 3rd, the Health Department filed an appeal to the Pennsylvania Supreme Court, which stayed the injunction. On Wednesday, June 15th, Judge Wojcik suspended the stay, which allowed companies to begin putting vape products on their shelves.

The Health Department plans to continue its appeals. Cannabis companies could face losses of up to $17 million if the ban is reinstated.

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