August 22, 2022 (Harrisburg, PA) —Medical Marijuana Access and Patient Safety, Inc. issued the following statement on the Pennsylvania Department of Health’s withdrawal of its appeal in the Supreme Court of Pennsylvania to recall certain vaporized medical marijuana products:
On August 17, 2022, the Pennsylvania Department of Health (“DOH”) voluntarily withdrew its appeal of the preliminary injunction granted to Medical Marijuana Access and Patient Safety, Inc.’s (“MMAPS”) to recall certain vaporized medical marijuana products (the “June 2 Order”). All products impacted by the June 2 Order can continue to be produced and sold through licensed dispensaries across the Commonwealth.
The ruling follows an order granting MMAPS’s application to Vacate Automatic Supersedeas (the “June 15 Order”), which reinstated the Court’s June 2, 2022 preliminary injunction against the DOH’s recall.
In the June 2 Order, the Court concluded that DOH “failed to present any evidence to the Court of potential harm to medical marijuana patients due to the recalled products, or more specifically due to the addition of terpenes to these products.” Furthermore, the Court identified that the DOH “did not call any witnesses during the preliminary injunction hearing or present any evidence regarding patient complaints or adverse events suffered due to the recalled products containing terpenes.” The withdrawal of the appeal reaffirms this conclusion. In light of these facts, MMAPS believes the DOH should drop the remaining litigation to prevent further confusion and increased costs for patients.
MMAPS has submitted Right-To-Know Requests seeking to obtain any information or documents that would have supported the DOH’s recall, but to date the DOH has resisted producing any information to support its decisions related to these products.
Earlier this year MMAPS, a coalition of patients, caregivers, doctors, industry members and advocates seeking to ensure safe, reliable access to medical marijuana in the Commonwealth, took the extraordinary step of filing a complaint against DOH over its unsupported recall of certain vaporized medical marijuana products because patients rely on the recalled products to relieve symptoms of serious medical conditions. Filings in the case can be found at www.pennmmaps.com.