BOSTON (CBS) – There’s a new challenge to Gov. Charlie Baker’s ban on vaping sales in Massachusetts. A judge ruled Tuesday that the portion of the ban that prohibits the sale of medical marijuana vapes must be lifted next week unless the Cannabis Commission votes to approve it.

Superior Court Judge Douglas Wilkins determined that the vaping ban caused irreparable harm to medical marijuana patients who vape THC oil. He ordered an end to the ban on Nov. 12 unless the commission takes action.

Two Massachusetts residents have died from a vaping-related illness, both attributed to the use of nicotine products. The state has reported 61 confirmed or probable cases of vaping-related pulmonary injuries to the Centers for Disease Control.

Baker declared a public health emergency when he announced the ban in September, saying “we as a Commonwealth need to pause sales in order for our medical experts to collect more information about what is driving these life-threatening vaping-related illnesses.”

A spokeswoman for the Cannabis Commission said the commission is reviewing the ruling and had no immediate comment.

Baker’s office plans to appeal the ruling.

“The court’s order has no immediate effect,” Baker spokesman Terry MacCormack said in a statement. “With today’s ruling, the vaping ban remains in place for adult-use marijuana and nicotine products and the administration is in the process of working with the Attorney General’s office to appeal this ruling to the SJC.”

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