July 2, 2020

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 that rely on vaporization or aerosolization. Cartridges, vaping accessories and devices, and refills for cartridges were removed from shelves and prohibited from sale. On November 12, 2019, the Cannabis Control Commission (Commission), acting through the Executive Director, issued its Quarantine Order Applying to Vaporizer Products (the “Initial Order”). The Initial Order required all licensees to quarantine all vaporizer products.
As of April 24, 2020, approximately 619,362 individual units of vaporizer product were held in virtual quarantine. Continuing to restrict the sale of the quarantined vaping cartridges is a financial burden on licensees and creates a potential risk of diversion. Before making a dispositive decision regarding cannabis vaporizer products subject to quarantine, the Commission invites public comment regarding the question of what, if any, conditions would allow for the retesting and safe sale of vaporizer products that were prohibited for sale or subjected to quarantine between September 25, 2019 and December 12, 2019.
The Commission welcomes responses to the question by or before July 15, 2020. While the Commission will not respond directly to these responses, the comments and/or supporting evidence provided will be considered in determining whether an amendment or rescission of the Quarantine Order would further the public interest. To promote public awareness and transparency, any responses received by the Commission will be made available to the public.