Vaping FAQs

is vaping legal in ma

by Connor Mitchell Published 2 years ago Updated 1 year ago
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The sale of tobacco and vapor products to persons under age 18 is prohibited. Sampling in vapor shops is prohibited. Massachusetts' Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited. However, vaping is banned on all state college & university campuses.

Full Answer

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

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.

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 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 much nicotine is in a vape in Massachusetts?

Is it legal to vape in Massachusetts?

Is menthol banned in tobacco?

Does Massachusetts have vaping laws?

Is vaping legal in Massachusetts?

Can you buy flavored vape juice in Massachusetts?

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Is vape banned in Massachusetts?

The sale of flavored vape products has been banned in Massachusetts since June, 2020.

Can you buy vape products in Massachusetts?

In Massachusetts: The sale of flavored e-cigarettes is now restricted to adult-only smoking bars. As of June 2020, ALL flavored tobacco products, including menthol, are restricted to smoking bars for onsite consumption only.

Can you 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."

Can you vape in public in Boston?

The short answer to this question is no, you're not allowed to openly smoke, vape, or consume marijuana in Boston in a public area. You may smell it coming from around some corner and think you're fine to light up yourself, but don't put your faith in that random person. They're liable to get you fined.

Can I 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.

What states banned flavored Vapes?

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...•

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.

Is vaping indoors illegal?

Is vaping allowed in pubs? Vaping in pubs is not illegal; there are no specific laws or restrictions on vaping indoors. However, the smoking ban of 2007 has made it more difficult for pubs to ensure that their customers aren't breaking the law by smoking inside.

Is Juul banned in Massachusetts?

Massachusetts ordered a temporary ban on the sale of Juul products and all other e-cigarette and vaping products that took effect on Sept. 24, 2019.

Are flavored vapes illegal?

In 2020, New Jersey, New York and Rhode Island enacted bans on the sale of flavored e-cigarettes and California became the second state to prohibit the sale of both flavored e-cigarettes and menthol cigarettes. Two additional states—Maryland and Utah—restrict the sale of some flavored e-cigarettes.

Does Massachusetts sell flavored nicotine?

It is not surprising that sales of flavored tobacco products decreased in Massachusetts itself—the products are illegal to sell.

Why is menthol illegal in Massachusetts?

Since June 1, 2020, Massachusetts has banned the sale of flavored tobacco products, including menthol cigarettes. When signing the ban into law, Gov. Charlie Baker (R) argued that the ban, which is the broadest in the country, was enacted to limit youth uptake of nicotine products.

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 I buy Juul in Massachusetts?

Retail stores can resume selling unflavored or tobacco-flavored e-cigarettes, or vaping products, as long as they have a nicotine concentration of less than 35 milligrams per milliliter of vaping solution. Anything higher than that, like all JUUL pods, will be available only in 21+ tobacco stores.

Can you ship flavored vapes to Massachusetts?

Massachusetts does not allow us to ship flavored vapor products into their state.

Can Juul pods be shipped to Massachusetts?

A notice greeted customers on JUUL's website Wednesday morning announcing: “Note: To comply with state and local laws, we cannot ship to addresses in Massachusetts.”

Massachusetts Introduces New Laws on Vaping Products For 2020

As from December 11th the new law implemented the following restrictions: 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.

State by State Restrictions on Vaping Products - Electric Tobacconist

As a result of the PACT Act, USPS can no longer ship vaping products. Please read our Vape Mail Ban page for more information.. Electric Tobacconist complies with all federal and state-specific laws and regulations.

Mass. General Laws c.270 § 28 | Mass.gov

No person, retailer or manufacturer shall sell, distribute, cause to be sold or distributed, offer for sale any flavored tobacco product or tobacco product flavor enhancer in any retail establishment, online or through any other means to any consumer in the commonwealth; provided, however, that this subsection shall not apply to the sale or distribution by a smoking bar, as defined in section ...

List of vape juice ban laws in the USA in 2021 - UPENDS

Vape Juice regulation has come with a variation in different countries. Some countries have completely banned the juices, while some have put restrictions on their use. Such bans have affected some countries with adverse effects on their markets. Many countries have a pending legal status for e-juices. There have also

How Old Do You Have to Be to Vape? | VaporFi

Read about vaping laws by state with VaporFi. Discover how old you have to be to vape, buy a vape and buy vape juice in each state.

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.

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.

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 age can you buy a vape?

Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21. Pay close attention to your state’s evolving laws to avoid conflict while purchasing or using e-cigarettes.

Why is it important to stay compliant with vaping laws?

Staying compliant and up-to-date on all vaping laws is essential to avoid trouble with law enforcement. If you are facing charges for vaping underage or trying to buy a product, a lawyer who understands e-cigarette laws and their nuances can help.

Where is smoking banned?

Use banned at childcare buildings, playgrounds, schools, and everywhere smoking is also banned ( Section 70.345.150 and 110-300-0420 (2) ). Banned at most colleges and universities in their regulations and in state-run veteran’s homes except for designated areas ( Section 484-20-090 (1) (h) ).

Where are tobacco substitutes banned?

Banned at childcare centers, after school activities ( Section 33-3504 (a) ), and on public school grounds or at school events ( Section 16-140 ).

How old do you have to be to buy e-cigarettes?

Must be 19 years old to buy from a store or distributor ( Section 76-10-104 (1)) and must be 18 years old to buy or have e-cigarettes ( Section 76-10-105 (1) ). The exception is active military members over age 18 or anyone accompanied by a parent ( Section 26-62-205 ).

Is vaping banned in Hawaii?

E-cigarettes and vaping banned in the same places as smoking ( Section 328J-1 ). Use banned in all parks and at all University of Hawaii properties ( Section 304A-122 (a) ). Purchase requires an ID even if using a mail order delivery service ( Section 245-17 (b) ).

Is smoking banned in prison?

Use banned the same places smoking is banned ( Section 23-20.10-2 (19)) with some exceptions. Banned at all correctional facilities, including vehicles and properties ( Section 240-20-1.6 (D) and 1.16 (D) ).

What states have e-cigarette laws?

Connecticut. As of July 6, 2015, Connecticut law (Public Act No. 15-206) regulates the use of e-cigarettes in public places. Areas that are prohibited include: restaurants, state buildings, healthcare facilities, school campuses and buildings, and child care facilities.

Is the FDA regulating e-cigarettes?

Though the FDA has standardized rules for e-cigarettes sales, the specific usage of them is regulated at the state level. The Public Health Law Center has gathered together every state’s regulation for e-cigarettes (as of June 15, 2016), which includes the specific state code / law reference.

Does Michigan have a smoking ban?

Michigan’s Smoke-Free Air Act of 2009 outlines the smoking laws within the state . The law does not specifically mention the use of electronic cigarettes. As such, it is assumed that ‘no smoking’ laws and signage do not apply to vaping. The state does have a comprehensive guide to current laws on tobacco products. ‘No smoking’ laws do prohibit smoking in public places, but these do not cover electronic cigarette use. It is assumed that ‘no smoking’ signage does not apply to e-cigarettes. We found no explicit mention of ‘no vaping’ signage and whether they prohibit the use of e-cigarettes.

Is there a law that prohibits smoking in public?

There are no state laws that prevent the use of electronic cigarettes in public. Local municipalities may enact laws that restrict use. ‘No vaping’ signage is not mentioned in any of the state laws and it is assumed that ‘no smoking’ signs do not apply to vaping. Click template to edit. Click template to edit.

Is Louisiana a smoke free state?

The Louisiana Smokefree Air Act (Jan. 2007) outlines the current smoking regulations in the state. Smoking is prohibited in outdoor public places, public buildings, and businesses. There are no current state regulations that prevent the use of electronic cigarettes in public places. Local ordinances may differ from those of state law. All Louisiana restaurants and workplaces are smoke-free. Though not adopted under the smoke-free law, e-cigarettes may be prohibited by certain workplaces. To our knowledge, no vaping signage is not mentioned in state law. More information on the Louisiana smoke-free laws can be found on the Tobacco Free Louisiana website.

Is there a smoking law in Kentucky?

Kentucky has limited smoke-free laws, which are found in the Kentucky Clean Indoor Air Act (1994). There are currently no regulations on vaping within the public places. It is assumed that ‘no smoking’ signage does not apply to e-cigarette use. Nor could we find any specific no vaping or no e-cigarettes signs or signage laws. There is currently a push to enact a smoke-free law that would protect workers.

Is smoking legal in Florida?

Smoking regulations are found in the Florida Clean Indoor Air Act (2003). Smoking is prohibited in enclosed indoor workplaces (unless otherwise stated within the law). The law explains that signage is required to designate that smoking is prohibited in enclosed workplaces. The state does not currently have any laws that prohibit the use of electronic cigarettes in public places. It is assumed that no smoking laws or signage do not apply to e-cigarettes.

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.

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

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.

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