Yes, vaping is legal according to Massachusetts state law. However, there are certain laws and regulations in place for vaping that make it a bit trickier than that. These laws and local regulations cover the age, venue, and how the vape can legally be used.
What are the laws about smoking and vaping in Massachusetts?
Massachusetts Law About... A compilation of laws, regulations, cases, and web sources on the use of tobacco products, including smoking and vaping, in Massachusetts. MGL c.64C Cigarette excise. Regulates pricing, taxation and other aspects of cigarette and e-cigarette sales. MGL c.71, § 2A Use of tobacco products at schools
Can You vape indoors in Massachusetts?
Yes, you can vape indoors in Massachusetts. At the moment, there are no laws prohibiting vaping in private residential units in Massachusetts, such as condos and apartments. As a matter of fact, the Massachusetts Clean Indoor Air Act does not prohibit vaping products where smoking is not allowed.
Is vaping legal in the US?
Laws regulating the use of electronic cigarettes, also known as "vaping", vary across the United States. Some states and municipalities prohibit vaping in every location where smoking is prohibited, while others contain more permissive laws or no laws at all regarding vaping. A no smoking or vaping sign from the US.
Is there a non-unreasonable use of cigarettes in Ma?
"Because no cigarette can be safely used for its ordinary purpose, smoking, there can be no non-unreasonable use of cigarettes." 2019 Tobacco Control Law, MA Dept. of Public Health. Law and restrictions on the sale of nicotine vaping and flavored vaping and tobacco products.
How to help a smoker in Massachusetts?
Who can help with vaping?
How much nicotine is in a vape?
What is the limit on smoking in a store?
What is the Massachusetts General Law Chapter 270?
When did the new tobacco control law come into effect?
What age can you smoke second hand?
See 4 more
About this website
Is vape illegal in Mass?
The sale of flavored vape products has been banned in Massachusetts since June, 2020.
Can I buy a vape at 18 in Massachusetts?
Tobacco Control Act compliance, enforcement and training, US Food and Drug Administration, June 2020. "It is now illegal for a retailer to sell any tobacco product – including cigarettes, cigars and e-cigarettes – to anyone under 21."
What states have a ban on vaping?
U.S. bans on flavored vapes and online salesArkansas – online sales ban. ... California – flavor ban (on hold until 2022) ... Maine – online sales ban. ... Massachusetts – flavor ban. ... New Jersey – flavor ban. ... New York – flavor ban + online sales ban. ... Oregon – online sales ban. ... Rhode Island – flavor ban.More items...•
Is vape legal in Boston?
Local communities within Massachusetts soon followed the FDA's lead. In 2011, Boston passed regulations defining vaping as tobacco products. Other communities quickly joined with Boston, enacting similar regulations, including banning the use of vape products in the workplace and restricting their sale to adults only.
What Vapes are legal in MA?
To protect our youth, Massachusetts restricted the sale of flavored vapes, pods, and e-juices except in adult-only (21+) smoking bars. Due to federal regulation, no flavored pods, aside from “tobacco” or “menthol,” can be sold nationally.
What is the legal age to vape in Massachusetts?
Laws regarding tobacco sales to minors It is illegal to sell tobacco products to persons under the age of 18 in Massachusetts, including e-cigarettes.
Can you buy puff bars in Massachusetts?
On November 27, 2019, Massachusetts became the first state in the country to ban the sale of flavored tobacco products, including e-cigarettes and e-liquids. The law went fully into effect on June 1, 2020, also banning all menthol flavored tobacco products.
Can you buy vapes online in Massachusetts?
Mail-order or internet sales of electronic smoking devices prohibited unless retailer requires age-verification and signature by person of legal sales age upon receipt.
Where can you smoke in Massachusetts?
A: You may smoke or ingest only on private property; never on public property. Q: What about medical marijuana? A: Out-of-state visitors may not purchase medical-grade marijuana in Massachusetts.
Can you buy a vape online at 18?
The vape online store usually asks your age before you enter the website. It is a warning that young people under the age of 18 are advised not to smoke, even electronic cigarettes. But you can still buy one. Nothing happens, but the smoking of minors is irresponsible for their health.
What age can you buy a vape?
Part of the Food and Drug Administration's 2016 Deeming Rule was a federal ban on the sales of vapor products to those under age 18. By deeming the tobacco-free devices and e-liquids to be tobacco products, they automatically fell under the existing federal restriction on selling tobacco products to minors.
Can you buy a vape battery at 18?
Buyers must be at least 19 years old in Alabama, Alaska, and Utah. Buyers must be at least 21 years old in California, the District of Columbia, Guam, Hawaii, Maine, Massachusetts, New Jersey, Oregon, and Virginia.
Do you have to be 18 to buy a DAB pen battery?
The California weed law reads its illegal to sell paraphernalia to a minor (21).
Massachusetts law about smoking | Mass.gov
Smoking or Vaping in General. 2019 Tobacco Control Law, MA Dept. of Public Health. Law and restrictions on the sale of nicotine vaping and flavored vaping and tobacco products. E-cigarette regulations - Massachusetts, Public Health Law Center, 2019 Provides clear information about Massachusetts regulation of e-cigarettes
E-Cigarette Regulations - Public Health Law Center
A snapshot of Massachusetts state e-cigarette regulations, as of June 15, 2022. This page is updated quarterly by the Public Health Law Center.
DOR Cigarette and Tobacco Forms and Legal Documents
Secure websites use HTTPS certificate. A lock icon ( ) or https:// means you’ve safely connected to the official website.Share sensitive information only on official, secure websites.
U.S. E-Cigarette Regulations - Public Health Law Center
This snapshot of U.S. e-cigarette regulations is based on a survey of current state statutes in the 50 states, Washington, D.C., and five U.S. territories in the following areas: definition of “tobacco product,” taxation, product packaging, youth access/other retail restrictions, licensure, and smoke-free air legislation.
How much nicotine is in a vape in Massachusetts?
You can buy unflavored or tobacco-flavored vaping products in Massachusetts , as long as they have a nicotine concentration of less than 35 milligrams per milliliter.
Is it legal to vape in Massachusetts?
Disposable vapes are not legal in Massachusetts. As the law currently stands, it is not legal to sell or possess a disposable e-cig in Massachusetts.
Is menthol banned in tobacco?
Menthol cigarettes are also banned as well as any type of chewing tobacco that has been made into flavorings such as cherry or grape flavors.
Does Massachusetts have vaping laws?
Recently, Massachusetts passed a law that regulates vaping products in the same way as cigarettes and other combustible tobacco products. These new laws will have big implications for vapers in Massachusetts.
Is vaping legal in Massachusetts?
Is vaping legal in Massachusetts? Vaping is legal in Massachusetts. However, since vaping is considered a tobacco product, there are restrictions on where you may be able to vape.
Can you buy flavored vape juice in Massachusetts?
You cannot purchase vape juices in Massachusetts state. The legislature banned e-cigarette flavors after passing the bill last year. Besides, the federal law also prohibits all pods, juices, and flavor vapes.
What is the Massachusetts law on smoking?
Massachusetts law about smoking. A compilation of laws, regulations, cases, and web sources on the use of tobacco products, including smoking and vaping, in Massachusetts. Skip table of contents.
What are the tobacco laws in Massachusetts?
Tobacco laws and regulations in Massachusetts, including sales to minors, smoking in the workplace, licensing of retail outlets, vending machine sales and more. Tobacco control act compliance, enforcement and training, US Food and Drug Administration, December, 2019.
How many people use e-cigarettes in Massachusetts?
In 2019, 32% of Massachusetts high school students reported vaping in the past 30 days compared to 5.6% of adults (2018).
What are the other dangers of vaping?
In addition to nicotine, e-cigarettes contain harmful and potentially harmful chemicals such as ultrafine particles that can be inhaled deep into the lungs; flavoring such as diacetyl, a chemical linked to a serious lung disease; volatile organic compounds such as benzene, which is found in car exhaust; and heavy metals, such as nickel, tin, and lead.
Where are e-cigarettes sold and how are youth getting them?
Until recently, e-cigarettes of all flavors and nicotine content levels could be sold in many places including convenience stores, corner stores, gas stations, vape shops, and online. As of November 27, 2019, Massachusetts implemented a law that restricts where flavored tobacco products, including e-cigarettes can be sold. The sale of all flavored tobacco products, including e-cigarettes, in Massachusetts is restricted to adult-only (age 21+) smoking bars. This also includes menthol. The sale of unflavored e-cigarettes with a nicotine content over 35 mg/mL is restricted to adult-only tobacco retail stores or smoking bars . Only unflavored e-cigarettes with a nicotine content of 35 mg/mL or less can still be sold in convenience stores, gas stations, liquor stores and other similar businesses, as well as online.
What is an e-cigarette?
E-cigarettes are battery-powered noncombustible (not flammable) tobacco products that simulate the action and sensation of smoking. People use e-cigarettes to vape.
Is being around secondhand vape safe?
No. According to the Surgeon General, the aerosol from e-cigarettes is not harmless. It can contain harmful and potentially harmful chemicals, including nicotine; ultrafine particles that can be inhaled deep into the lungs; flavoring such as diacetyl, a chemical linked to a serious lung disease; volatile organic compounds such as benzene, which is found in car exhaust; and heavy metals, such as nickel, tin, and lead.
Can e-cigarettes be used to vape other substances?
Yes. E-cigarettes and other vaping devices can be used to vape other substances, such as marijuana. Open systems require the user to add the e-juice, which can be a substance other than nicotine. Closed systems are generally not refillable because they use pre-filled pods. However, they can also be altered to vape substances other than nicotine.
How old do you have to be to purchase e-cigarettes?
The legal age to buy e-cigarettes and other tobacco products in Massachusetts is 21.
What to do if you are charged with vaping in Massachusetts?
If you believe you were unjustly charged with violating Massachusetts new vaping laws, you should seek help from a Massachusetts criminal defense attorney to fight your charge. Contact the Law Offices of Richard Mucci to order a free case evaluation. Call at 781-729-3999 to talk about your circumstances.
What are the restrictions on vaping?
As from December 11th the new law implemented the following restrictions: 1 Any retail store which has a license to sell tobacco products, like gas stations and convenience stores are restricted to selling non-flavored nicotine products which possess a nicotine content of no more than 35 mg per ml. 2 The selling of non-flavored nicotine vaping products which have nicotine content more than 35 mg per ml can only be sold by a smoking bar and adults-only retail tobacco outlets. 3 The consumption and sale of any flavored nicotine vaping product may only take place in a licensed smoking bar. 4 From June 1 of this year the selling of combustible flavored cigarettes and other tobacco products, which include menthol cigarettes and flavored chewing tobacco, will be limited to just any licensed smoking bar where sales are for the purpose of only being consumed on-site. Also, as from June 1st, as well as the Massachusetts 6.75 percent sales tax a 75 percent excise tax on the wholesale prices of all nicotine products will be enforced.
How much nicotine is in a vape?
The selling of non-flavored nicotine vaping products which have nicotine content more than 35 mg per ml can only be sold by a smoking bar and adults-only retail tobacco outlets.
How many people died from vaping in 2019?
Since the revelation that vaping users have either suffered lung injuries or have died due to vaping, the Centers for Disease Control and Prevention (CDC) statistics up to December 2019 have confirmed there have been 54 deaths attributed to vaping. Since that announcement, almost 2,300 cases of injury to lungs have been linked to the use ...
How much nicotine is allowed in a gas station?
Any retail store which has a license to sell tobacco products, like gas stations and convenience stores are restricted to selling non-flavored nicotine products which possess a nicotine content of no more than 35 mg per ml.
How many cases of lungs injury have been linked to vaping?
Since that announcement, almost 2,300 cases of injury to lungs have been linked to the use of e-cigarette or vaping products as reported to the CDC from the 49 states, the D.C., Puerto Rico and the U.S. Virgin Islands.
Why did Charlie Baker ban vaping?
In fact, back in September last year, he went as far as declaring a public health emergency which resulted in implementing a ban of four months on the use of all vaping products. This was in response to media coverage that a mysterious lung illness ...
What smoke-free restrictions exist for e-cigarette use?
Use of electronic cigarettes included in definition of “smoking” and prohibited in same spaces smoking prohibited, Mass. Gen. Law ch. 270 § 22 (a) (2021) (definition of smoking); including workplaces, indoor public places, child care centers, state buildings and vehicles, (with some exceptions) Mass. Gen. Law ch. 270 § 22 (b), (c) (2021); and public transportation. Mass. Gen. Law ch. 272 § 43A (2021)
What is electronic smoking device?
Electronic smoking device means “any product that can deliver nicotine to the user through inhalation of vapor [including] any component part of such product, including liquid for use in the device regardless of whether the liquid contains nicotine, [and] whether or not sold separately....”. 940 Mass. Code Regs. 21.03 (2021) Sales and tax.
What is electronic nicotine delivery system?
Electronic nicotine delivery system means “an electronic device, whether for 1-time use or reusable, that can be used to delivery nicotine or another substance to a person inhaling from the device including, but not limited to , electronic cigarettes, electronic cigars, electronic ci garillos, electronic pipes, vaping pens, ...
What is the age limit for smoking vapor?
Tobacco/Vapor 21 Law:Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding. Massachusetts already bans the sale of tobacco and vapor products to adults under the age of 21 years old.
How much is the state tax on smoke free tobacco?
Smoke-free tobacco products are subject to a state excise tax of 40% of the wholesale price.3
Is vaping restricted to out-of-state?
All sales of flavored tobacco/vapor products are restricted to smoking bars for on site consumption or online sales to out-of state purchasers only. Vapor products containing more than 35 mg/mL of nicotine are restricted to specialty tobacco stores and smoking bars. These requirements could cause many out-of-state online retailers to refuse to ship to the state.4
Is there a ban on menthol?
The ban took effect immediately, while a ban on menthol cigarettes takes effect June 1, 2020.
Is vaping legal in Massachusetts?
Massachusetts’ Clean Indoor Air Act has not been amen ded to prohibit the use of vapor products where smoking is prohibited. However, vaping is banned on all state college & university campuses.2
When did the vaping ban end?
Public health officials have linked the illnesses to vaping. Although the ban was originally scheduled to lift on Dec. 24, Baker decided to end it early, after state lawmakers last month approved the nation’s strictest tobacco regulations.
What is the new law in Massachusetts?
The new law gives the Massachusetts Department of Public Health some new powers to regulate vaping. That includes the ability to stop sales of any product that officials determine is causing vaping-related lung illness or is a significant threat to public health.
What happens if a tobacco shop doesn't follow the rules?
If shops aren’t following the rules, then they can be fined thousands of dollars and ordered to temporarily stop selling tobacco products.
Why did Baker ban vaping?
Baker announced the temporary ban in September, citing a lack of information about the cause of a growing number of cases of lung illnesses and some deaths across the country and in Massachusetts. Public health officials have linked the illnesses to vaping.
Is there a moratorium on vaping in Massachusetts?
The Cannabis Control Commission regulates the sale of marijuana vaping products in Massachusetts. In November, the CCC put a moratorium on all medical marijuana vape sales. That temporary hold will remain in place even after the state's new nicotine rules take effect. This article was originally published on December 10, 2019.
When was vaping banned in Madison?
Daphne, August 18, 2014 banned in enclosed facilities owned, operated or leased by the city, including vehicles; vaping can also be prohibited where there is an owner, operator, manager, or other person having control of a place meeting certain criteria. Madison, November 24, 2014, banned in all city buildings.
What cities have banned vaping?
Localities with vaping bans that include all bars and restaurants (7 total): Abbeville, banned in all enclosed workplaces, including bars and restaurants. Cheneyville, banned in all enclosed workplaces, including bars and restaurants. Hammond, banned in all enclosed workplaces, including bars and restaurants.
What is a pictogram for vaping?
A pictogram used to denote a vaping ban. The following is a list of vaping bans in the United States. For federal regulation concerning the legal status of the sale of electronic cigarettes products in and outside the United States, see the worldwide regulation of electronic cigarettes .
Which cities are banned in all enclosed workplaces?
Danville, banned in all enclosed workplaces, including bars and restaurants, as well as within ten feet of the entrance of any such place. Glasgow, banned in bars and restaurants, but not all other workplaces. Lexington, banned in all enclosed workplaces, including bars and restaurants.
Which cities are banned in bars and restaurants?
Lakewood, banned in all enclosed workplaces, including bars and restaurants. Littleton, banned in bars and restaurants, but not other workplaces. Louisville, banned in bars and restaurants, but not other workplaces.
When was Anniston banned?
Anniston, July 1, 2013, banned in all enclosed workplaces, including bars and restaurants
Why are e-cigarettes banned?
This is because of their potential for non-users to be exposed to chemicals and e-cigarette aerosol in indoor areas.
How to help a smoker in Massachusetts?
Combining medication with coaching support can triple your chances of success. So call the Massachusetts Smokers’ Helpline at 1-800-QUIT-NOW for free advice and support. It’s confidential and is available in multiple languages.
Who can help with vaping?
Providers and pharmacists can play a vital role in delivering important information on vaping and smoking cessation.
How much nicotine is in a vape?
The sale of non-flavored nicotine vaping products (with a nicotine content over 35 milligrams per milliliter) is restricted to licensed, adult-only retail tobacco stores and smoking bars.
What is the limit on smoking in a store?
Effective immediately, the new law places the following restrictions: Retail stores licensed to sell tobacco products, such as convenience stores, gas stations, and other retail outlets, are restricted to the sale of non-flavored nicotine products with a nicotine content of 35 milligrams per milliliter or less.
What is the Massachusetts General Law Chapter 270?
The text of Massachusetts General Law Chapter 270, Sections 6 and 6A. A statement that the sale of tobacco products, including e-cigarettes, to someone under the minimum legal sales age is prohibited. Notice that the sale of flavored electronic nicotine delivery systems is prohibited. A warning about the health impacts of vaping.
When did the new tobacco control law come into effect?
New tobacco control law. On December 11, 2019, the state’s Public Health Council approved new regulations that restrict the sale of nicotine vaping and flavored vaping and tobacco products. This action follows the Legislature passing and Governor Charlie Baker signing into law An Act Modernizing Tobacco Control, ...
What age can you smoke second hand?
Information concerning the health risks of second hand smoke and vaping. A statement that no person under the age of 21 is allowed on the premises at any time. This information is provided to assist individuals in complying with a state regulation related to the operation of a retail tobacco store.
