State marijuana policies and vaping associated lung injuries in the US

BACKGROUND: The United States’ 2019 outbreak of e-cigarette or vaping-associated lung injuries (EVALI) was linked to an additive most common in informally-sourced vaporizable marijuana concentrates. This study estimates how states’ recreational and medical marijuana policies related to their 2019 EVALI incidence and residents’ likelihood of vaping as their primary mode of marijuana use. METHODS: Multivariable negative binomial regressions estimated associations between states’ total 2019 EVALI cases and marijuana policies: recreational legalization, medical legalization only, and whether medical-only policies allowed home cultivation, prohibited combustible use, or had operational dispensaries. Logistic regressions used survey data from the Behavioral Risk Factor Surveillance System’s 2016–2019 marijuana supplements to assess how these policies related to past-30-day marijuana users’ selection of vaping as their primary mode of use. RESULTS: EVALI incidence was 42% lower in recreational marijuana states (95%CI=0.339,0.993), versus a positive but statistically insignificant association with medical legalization alone. Adjusting for policy attributes revealed heterogeneity: among medical-marijuana-only states, EVALI incidences were > 60% lower where laws allowed home cultivation (aIRR=0.374; 95%CI=0.196, 0.715). Similarly, among past-30-day marijuana users, odds of vaping as one’s primary mode of use were > 40% lower in medical-only states where home cultivation was allowed versus prohibited (aOR=0.588; 95%CI=0.365,0.946). CONCLUSIONS: Marijuana policy attributes linked to lower EVALI incidences were also associated with reduced likelihoods of vaping as one’s primary mode of use. As additives in informally-sourced vaping concentrates could drive future EVALI cases, marijuana policy design should account for effects on mode of use in licit and illicit markets, to limit the scope of future outbreaks.