Marijuana Business Magazine February 2020

February 2020 | mjbizdaily.com 59 Proposed or Implemented Sales Ban on THC Vaping Products Changed Rules/ Regulations Regarding THC Vaping Details ✖ ✖ The Alaska Department of Health and Social Services issued a public-health alert detailing CDC recommendations Aug. 28, 2019. ✖ ✖ The Arizona Department of Health Services published a memo in September 2019 urging health providers who suspect vaping-related illnesses to report them to a state poison center. ✖ ✖ The Arkansas Department of Health published a news release warning about vaping-related illness—including risks of THC vaping products—on Aug. 26, 2019. ✖ ✔ The California Department of Public Health warned the public against using cannabis vaping products and noted that multiple vaping-related illness patients indicated they purchased products from unlicensed shops or individuals. The state issued new requirements for retailers to post warning signs about the risks of vaping. ✖ ✔ The Colorado Department of Public Health & Environment recommends consumers not use any vaping products, including those containing THC. The state's Marijuana Enforcement Division announced new rules prohibiting specific ingredients in cannabis vaping products, including vitamin E acetate, and established new warning label requirements. ✖ ✖ Connecticut Gov. Ned Lamont said in September he would consider a ban on flavored vaping products as part of a multistate approach to e-cigarette regulations, but it is unclear whether the proposed ban would include medical cannabis products. ✖ ✖ The Delaware Division of Public Health warned the public against using any vaping products, "particularly" those containing THC. The Division of Public Health asked dispensaries to post signs advising patients to consider whether vaping is their best medical option. ✖ ✖ Florida Attorney General Ashley Moody said her office would investigate more than 20 companies to look at how they are marketing and selling e-cigarettes. Nicotine vaping products appear to be the focus of the investigation, which has made no mention of cannabis vaping products. ✖ ✖ Georgia Gov. Brian Kemp and the Department of Public Health issued a health advisory on the risks of vaping following the second confirmed death in the state. Georgia is urging people to not use vaping products—nicotine or cannabis—while the CDC continues its investigation. ✖ ✖ On Oct. 7, 2019, the Hawaii Department of Health published a health advisory warning against using vaping devices of any kind and urged caution regarding the use of THC-containing liquids sold in the illicit market. ✖ ✖ An Illinois Department of Health spokesperson said that none of the state's vape-related illnesses appeared to involve registered medical cannabis patients who receive lab-tested products from regulated retail stores. State Sen. Toi Hutchinson said the Legislature does not intend to ban regulated cannabis products that undergo testing. ✖ ✖ The Iowa Department of Health issued a consumer alert saying the public should not use vaping products containing THC, should not modify or add any substances, including THC, to any vaping products, and should not purchase any vaping products from the illegal market. Gov. Kim Reynolds said she would not pursue an executive order to ban vape sales. ✖ ✖ State Sen. Rebecca Millett is expected to introduce a bill banning all sales of vaping products in Maine until the FDA declares them nonhazardous. It is unclear whether this bill will include a ban on cannabis vaping products. ✖ ✔ Effective Nov. 15, 2019, the Maryland Medical Cannabis Commission notified licensed processors and testing laboratories of new testing requirements for marijuana vape cartridges, including screening for vitamin E acetate. New measures apply to products previously tested; products already for sale must be retested. ✔ ✔ On Sept. 24, 2019, the state issued an emergency order prohibiting the sale of all vaping products. The order was rescinded Dec. 11. The state Cannabis Control Commission added a rule requiring packaging on vape cartridges, extracts and concentrates to include a detailed list of the chemicals and ingredients used. ✔ ✔ On Sept. 4, 2019, Michigan became the first state to declare intent to enact an emergency ban on the sale of vaping products, but a judge introduced a six-month injunction to the ban. On Dec. 17, 2019, the Michigan Marijuana Regulatory Agency recalled all vaping products containing vitamin E acetate sold before Nov. 22, 2019. Requirements apply to newer products. ✖ ✖ The Minnesota Commissioner of Health warned the public to avoid vaping unregulated cannabis products, as almost all the Minnesotans who developed vaping-related illness had a history of using vape products from the illicit market. ✖ ✖ Legal sales had not started in Missouri before the vaping crisis. Gov. Mike Parson directed state departments to develop a campaign to discourage vaping. State Health Chief Dr. Randall Williams said it was too "premature" to consider issuing new vaping rules. ✔ ✖ On Oct. 8, 2019, Montana Gov. Steve Bullock directed the health department to draft rules banning the sale of all flavored vaping products, including THC and CBD, for 120 days. On Oct. 19, 2019, a state district judge issued a temporary restraining order on the ban, preventing it from going into effect. This was dissolved Dec. 17, and a temporary ban is in place until April 15. ✖ ✖ Local health departments issued a joint statement about the risks of vaping and advised the public not to use vaping products. State Attorney General Aaron Ford issued a statement in October urging caution against unregulated vaping products and advising consumers to only shop for THC products at state-licensed dispensaries. ✖ ✔ On Sept. 26, 2019, New Hampshire Gov. Chris Sununu signed a new state budget tightening vaping retail and use regulations but was adamant his office would not institute a ban on vaping products. ✖ ✔ On Oct. 3, 2019, a New Jersey task force recommended a ban on cannabis vaping products be considered. Two bills moving to a full house vote in mid-January did not mention cannabis explicitly but would ban flavored vaping products. The state's Division of Medicinal Marijuana mandated that dispensaries clearly label ingredients and display the CDC warning. ✖ ✔ On Oct. 3, 2019, New Mexico Secretary of Health Kathy Kunkel issued an order to have all medical cannabis producers affix a warning label to cannabis-derived vaping products containing THC. The order will remain in effect for 120 days or until it is rescinded. ✔ ✖ On Sept. 17, 2019, New York became the second state to attempt to implement a statewide ban on most flavored vaping products, but an appellate court placed a hold on the ban. In his State of the State address, Gov. Andrew Cuomo proposed legislation aimed at flavored vaping products but did not indicate if this would apply to cannabis products. ✖ ✖ The North Dakota Department of Health published the CDC recommendations regarding the vaping crisis. ✖ ✔ On Oct. 1, 2019, Ohio Gov. Mike DeWine called on the Legislature to issue a statewide ban on flavored vaping products but did not mention THC vaping products. The state on Nov. 8, 2019, banned vitamin E acetate from medical cannabis vaping products, which will be tested for the substance. Several companies banned polyethylene glycol and medium-chain triglycerides. ✖ ✖ The Oklahoma Department of Health published links to CDC recommendations regarding the vaping crisis and recommended that, regardless of the investigation, the best way to avoid harmful effects is not to use THC at all. ✔ ✖ On Oct. 4, 2019, Oregon Gov. Kate Brown issued an executive order to enact a 180-day ban on the sale of flavored vaping products (cannabis and tobacco). A Court of Appeals judge halted the ban on nicotine products on Oct. 17, 2019, but the stay does not affect the ban on flavored cannabis vaping products sold at dispensaries or recreational stores. ✖ ✖ A bill introduced Oct. 25, 2019, by Pennsylvania state Rep. Eddie Day Pashinski would prohibit stores from selling flavored nicotine vaping products. The bill as introduced would not address flavored cannabis products. ✖ ✖ A Rhode Island ban on the sale of flavored nicotine products went into effect Oct. 5, 2019, and may become permanent. The new regulations do not apply to the sale of medical cannabis vaping products. ✖ ✖ Utah agencies have not addressed cannabis in relation to vaping-related illnesses, but the issue is likely to come up during the upcoming legislative session. Distribution of medical cannabis becomes legal March 1. ✖ ✖ Vermont Gov. Phil Scott has said he is open to banning flavored vaping products but would prefer to enact a ban through legislation rather than executive order. There is no indication whether a ban would include cannabis products. ✔ ✔ On Sept. 27, 2019, Washington Gov. Jay Inslee directed the state Board of Health to impose a temporary ban on the sale of all flavored vaping products, including flavored THC products. On Nov. 18, 2019, the agency amended the rules to include a temporary ban on the sale of vaping products containing vitamin E acetate. ✖ ✖ A proposed bill would ban the sale of vaping products in the District of Columbia except for those offered by a medical cannabis dispensary or pharmacy. ✖ ✖ Medical cannabis in West Virginia can only be vaporized, although sales have not yet begun. On Aug. 26, 2019, the state Bureau for Public Health warned health-care providers of the risks associated with vaping. On Nov. 13, 2019, state Sen. Bob Beach requested the governor ban the sale of flavored vaping products. To date, West Virginia has not taken further action. * Information current as of Jan. 7, 2020.