BOSTON (WHDH) - A judge paved the way to overturn Gov. Charlie Baker’s ban on medical marijuana vaping products, but Baker says he’ll appeal to the state’s highest court to keep it in place.

Suffolk Superior Court Judge Douglas Wilkins ruled Tuesday that the state’s state’s Cannabis Control Commission should decide on medical marijuana bans, not Baker.

The ban as written undermines the state’s medical marijuana law, Wilkins said, and if the commission doesn’t act on adopting emergency regulations in the coming days, medical vaping products will again be available at 12:01 p.m. on Nov. 12.

A spokesperson said the Cannabis Control Commission is reviewing the ruling and has no further comment at this time.

But a Baker spokesperson said the governor would ask the Supreme Judicial Court to weigh in.

“The court’s order has no immediate effect,” said spokesperson Terry MacCormack. “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.”

The ruling doesn’t apply to the ban on tobacco and recreational marijuana vaping products.

Baker declared a public health emergency on Sept. 24 and temporarily banned the sale of vaping products and devices, in response to the growing number of cases of severe lung injuries associated with the use of e-cigarettes and cannabis and nicotine vaping products in Massachusetts and nationally.

Two Massachusetts residents have died from vaping-associated lung injuries, according to state health officials.

Vape retailers filed a complaint in Suffolk Superior Court last week asking for an emergency order for a “show cause” hearing in an attempt to delay or end the ban entirely. However, the judge denied the request.

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