Pennsylvania Department Of Health Withdraws Request That Certain Vaporized Medical Marijuana Products Be Recalled

Pennsylvania Department Of Health Withdraws Request That Certain Vaporized Medical Marijuana Products Be Recalled

In February, the Pennsylvania Department of Health (DOH) recalled hundreds of cannabis vaping items. Many items were also listed by private cannabis entrepreneurs such as Parallel, Holistic Farms, and INSA, LLC. Curaleaf  (OTCQX:CURLF) and Trulieve (OTCQX:TCNNF) were the companies with the most products withdrawn.

Some of the companies affected by the ban, along with a coalition of patients, caregivers, and doctors, formed Medical Marijuana Access & Patient Safety Inc. (MMAPS) and filed a claim against DOH over its unsupported recall of certain vaporized marijuana products because patients rely on the recalled products to relieve symptoms of serious medical conditions. MMAPS has also issued right-to-know requests requesting any information or documentation that would have supported the DOH's recall. Still, the DOH has refused to produce any material to support its determinations about these items.

MMAPS' case was successful, and in June, a Commonwealth Court judge ruled that Pennsylvania medical marijuana firms may start selling vapes. The Court decided in its June 2 ruling that DOH "failed to submit any evidence to the Court of possible damage to medical marijuana patients as a result of the recalled goods, or more particularly owing to the addition of terpenes to these products." In addition, the Court stated that the DOH "did not summon any witnesses during the preliminary injunction hearing or submit any evidence addressing patient complaints or adverse events incurred as a result of the recalled terpene products."

Following the judgment, the Health Department said it would appeal to the Pennsylvania Supreme Court. The Pennsylvania Department of Health abandoned its appeal of the preliminary injunction awarded to Medical Marijuana Access and Patient Safety, Inc. to recall some vaporized medical marijuana products (the "June 2 Order") on August 17, 2022. All items affected by the June 2 Order can still be manufactured and sold in licensed pharmacies in the Commonwealth.

The decision comes after the order allowing MMAPS's appeal to rescind automatic supersedeas (the "June 15 Order"), which reinstated the Court's preliminary injunction against the DOH's recall on June 2, 2022. Given these facts, MMAPS believes the DOH should discontinue the remaining litigation to avoid further uncertainty and higher patient expenses.

Featured Image: Megapixl @Kawfangkanjana