The ban on the sale of nicotine vaping products in Massachusetts will remain in effect for now but is on shaky legal ground, after a state judge ruled Monday that Governor Charlie Baker overstepped constitutional bounds when he enacted the policy before affected businesses and members of the public could weigh in.
Responding to a request from vape companies to lift the ban while legal battles over the prohibition play out, Suffolk Superior Court Judge Douglas H. Wilkins ordered that nicotine vape sales in Massachusetts must be allowed to resume next Monday — unless the Baker administration submits the ban for consideration as a formal emergency regulation before then. The administration could also appeal to a higher court.

The ruling does not immediately affect the part of Baker’s vaping ban prohibiting the sale of marijuana vapes at licensed cannabis retailers.