Curaleaf out of Miami received a letter form the state of Florida that they need to stop selling an unapproved vape pen. Trulieve is also trying to sell its own vaping device that contains dry marijuana flower instead of the concentrates found in cartridges now. Florida has been slow in approving marijuana products that voters approved a year ago such as cannabis infused edibles. How does the state have time to investigate the exact type of vape pens dispensaries offer and to issue cease and desist letters, but not to make final decisions on marijuana products the people of Florida voted for?
The Department of Health‘s Office of Medical Marijuana Use sent a “cease and desist” letter Monday to Curaleaf of Miami.
It also tells the company to stop “running unapproved advertisements encouraging (its) product to be used in a manner inconsistent” with state law.
Florida bans medical marijuana from being smoked, but does allow vaporizing, or “vaping.” Vape pens generally are battery-powered devices that heat the cannabis, allowing the user to inhale the vapor produced.
The state told Curaleaf, formerly called Costa Nurseries, that it had not yet OK’d its brand of vaporizer device.
Curaleaf is what’s known in Florida as a medical marijuana treatment center, or MMTC, a vertically-integrated operation that combines growing, processing and retail sales of medicinal cannabis.
Regulators also cited Curaleaf for “post(ing) an advertisement to its Facebook account (this month) displaying an open herb cartridge with the contents visible.”
“Not only was the Facebook advertisement detailed above not approved, it clearly encourages an improper use of the product,” the letter said.
“Licensed MMTCs have a responsibility to ensure their product is not one that could be easily transitioned into a smokable use.” The Facebook ad “must be removed immediately.”
Failure to comply “will result in a $1,000 fine to $10,000 fine per violation,” the letter adds, with further penalties including the loss of Curaleaf’s MMTC license.
The state gave Curaleaf 24 hours to respond in writing. A company representative did not immediately respond to a request for comment Tuesday.
In a related matter, Trulieve this month filed a petition with the department, accusing the agency of dragging its feet on allowing that company to once again sell its own vaping devices after a similar cease and desist letter.
Trulieve says it’s been waiting since July for approval to offer ceramic vaporizer cups filled with ground marijuana flower.