Charlie Baker’s vape ban has been lifted, but retailers of both marijuana and nicotine products are facing strict new regulations.

Marijuana retailers may begin selling vape pens and parts that do not contain marijuana (like batteries), but may not sell any of the vaporizer products containing marijuana manufactured prior to the ban. Vaporizers designed to be used with marijuana flower or concentrates may also be sold.

Newly manufactured vaporizers and concentrates must not contain vitamin E acetate, a chemical suspected to be the cause of some vaping-related illnesses, and be accompanied by a full list of all active and inactive ingredients.

Verilife Executive Director Shelley Stormo said that if cultivators begin making new vapes, the products could be on shelves within a few weeks, as soon as the products are tested by the state and labeling is amended to include new state-mandated information.

“I’m actually very happy that this all happened because I want to know what’s in our products, and that includes the hardware,” Stormo said. “I think it’s great to have some certainty.”

Stormo added that it is possible that some of the products from before the ban will be released from quarantine after they have passed state tests to ensure they comply with new standards. So far, none of the quarantined marijuana vaping products have been found to contain vitamin E acetate, but some have contained levels of heavy metals that exceed state standards. 

The regulations on nicotine vaporizers are focused on nicotine content and flavoring.

Retailers like convenience stores may only sell non-flavored nicotine products with a nicotine content of 35 milligrams per milliliter or less. Smoke shops and smoking bars may sell non-flavored vapes with a nicotine content of more than 35 milligrams per milliliter. 

Flavored nicotine vaping products may only be sold and consumed within smoking bars.

All nicotine vaping products will be subject to a 75 percent excise tax on the wholesale price, in addition to the regular 6.25 percent sales tax.

Flavored tobacco products, including menthol cigarettes and flavored chewing tobacco, will only be allowed to be sold and consumed in smoking bars beginning on June 1, 2020.