MED Proposes Rules Affecting Marijuana Vaping Devices


What some have called the “national vaping crisis” has led to rulemaking by the Colorado Marijuana Enforcement Division (the “MED”). In Colorado alone there have been nine reported cases of vaping related illnesses resulting in seven hospitalizations, according to the Colorado Department of Public Health and Environment. Some Colorado cannabis industry stakeholders favor more state regulation of vaping products, and the MED has been involving these stakeholders in the final rulemaking process of 2019. The proposed vaping rules are included in the MED’s final proposed rules for 2019 and are found here.

The MED states that the primary goals of the proposed rules are informing consumers of what chemicals and ingredients they are putting in their bodies, eliminating the inclusion of harmful ingredients, and reducing the amount of inactive ingredients included in marijuana concentrate products. Under the proposed rules, inactive ingredients cannot exceed the concentration listed for such an ingredient on the Federal Food and Drug Administration Inactive Ingredient Database.

Additionally, the MED has proposed new labeling requirements for marijuana vaping devices, ingredient certification, and more stringent testing standards for such vaping products before entering the stream of commerce. There are also three ingredients that would also be banned from inclusion in any inhaled marijuana product; polyethylene glycol (PEG), vitamin E acetate, and medium chain triglycerides, also known as MTC oil.

The proposed rules are subject to change until finalized by the MED. If approved, the proposed rules would go into effect on January 1, 2020.

The MED’s proposed rules significantly change the composition of cannabis vaping products in Colorado. If you have any questions or need advice regarding these proposed vaping rules, please contact McAllister Garfield.

Dan Hamilton