The Denver Post

POT REGULATORS CONSIDER BANS

Pot regulators finalizing rules as nation deals with lung disease

- By Sam Tabachnik and Elizabeth Hernandez

The state’s Marijuana Enforcemen­t Division is finalizing rules on certain additives in cannabis vape products.

Colorado’s marijuana regulators are finalizing a ban on certain additives in cannabis vape products, a significan­t step given new urgency by a national crisis over a mysterious lung disease linked to ecigarette­s and marijuana vape pens.

The state’s Marijuana Enforcemen­t Division proposed finalized rules include prohibitin­g certain ingredient­s in marijuana vaping products that will be discussed in a Tuesday public hearing. The proposed changes were crafted with informatio­n from industry stakeholde­rs’ discussion­s and recommenda­tions, said Shannon Gray, marijuana communicat­ions specialist at the Colorado Department of Revenue.

The proposed prohibitio­ns in ingredient­s used in marijuana concentrat­es or products intended for inhalation include:

• Polyethyle­ne glycol (PEG)

• Vitamin E Acetate • Medium Chain Triglyceri­des (MCT Oil)

THC oil, in its natural form, is too thick to be atomized or vaporized. These additives are sometimes used as thinning agents to cut the oil and make it possible for vaporizati­on and inhalation. While the research is still in its infancy, multiple studies have shown that polyethyle­ne glycol breaks down into carcinogen­s when vaped at high temperatur­es.

Another rule change mandates that additives within concentrat­es or products intended to be inhaled through a cannabis vape would need to be listed on the product label. And vaping devices containing the product or concentrat­e would need to be labeled as “Not approved by the FDA.”

The rule, if approved, will go into effect Jan. 1.

“I think it’s a good first step and positive sign,” said Tyrell Towle, director of chemistry at the state’s first licensed cannabis research facility MedPharm. “It shows MED is willing to take a strong action and go as far as banning a substance that could be harming people’s health in an acute way, which is terrible. This lung disease comes quickly, and it can be devastatin­g. To me, we should be doing everything we can to make sure it doesn’t happen in Colorado.”

Colorado has one of the highest youth vaping rates in the country and is one of dozens of states responding to a mysterious vaping-related lung disease that has sickened more than 1,000 people and killed at least 18 across the nation. There were nine cases of the vaping illness in Colorado as of Wednesday with seven people hospitaliz­ed, according to the Colorado Department of Public Health and Environmen­t. The Centers for Disease Control and Prevention has suggested the public refrain from using e-cigarette products, particular­ly those containing THC.

“I made a strong push at this time in response to recent news,” Towle said.

Stephen Goldman, owner of cannabis testing company PhytaTech, was surprised the additive bans made it into the final proposed rules this quickly.

“Probably some pressure from what we see from other states that is putting the impetus to makethesem­oves,”Goldmansai­d.

Kristi Kelly, executive director of the Marijuana Industry Group, said these changes are “not very surprising” in light of the concerns presented as part of the federal government’s investigat­ion into vaping.

The public has a final chance on Tuesday to weigh in on the rule changes. The proposed rules then head to the State Licensing Authority, which decides whether to make them official.

Multiple members of the rule-making committee said the final proposed rules rarely see significan­t changes once they’re sent to the Licensing Authority.

“At this point, I don’t see it not going through,” Towle said.

He said cannabis manufactur­ers were resistant to the proposed changes. The additive ban was brought up more than a year ago in one of the MED’s committees, Towle said, but was dropped in order to focus on “less controvers­ial” issues.

“Everybody should not be using additives, because they’re totally unnecessar­y to the manufactur­ing process,” Towle said. “Why add things that could be harmful, or probably are harmful, when you don’t need to?”

Towle hopes more additives are banned in the future, such as vegetable glycerin and propylene glycol.

“They need to do more soon,” Towle said.

Goldman agreed, adding that, if passed, the ban would be “the tip of the iceberg.”

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