Vaping FAQs

is vaping still banned in mass

by Nathanial Hills Published 2 years ago Updated 1 year ago
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Given the recent health concerns about vaping, the state of Massachusetts has placed a four-month ban on the sale of vaping products. It is controversial, and several vape companies have challenged the state in federal court. The U.S. district judge upheld the ban last week, citing that it was in the public interest.

The sale of flavored vape products has been banned in Massachusetts since June, 2020.Mar 3, 2022

Full Answer

When does the new Massachusetts vaping law come into force?

A new vaping law comes into force June 1st, 2020. Massachusetts Gov. Charlie Baker has gone a step further than just issuing health warnings. 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.

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.

Why are e-cigs illegal in Massachusetts?

The prohibition has been the law of the land since September 24, when Baker made Massachusetts the first state to temporarily outlaw sales of both nicotine and marijuana e-cigs in response to the nationwide rise of mysterious lung illnesses believed to be linked to the products.

Is the temporary ban on tobacco and vape products still in effect?

With the actions taken December 11 th, the Governor’s temporary statewide ban on the sale of tobacco and vape products in place since September is no longer in effect. Effective immediately, the new law places the following restrictions:

How to help a smoker in Massachusetts?

When did the e-cigarettes regulation take effect?

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

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Are nicotine vapes legal in Massachusetts?

The sale of all e-cigarettes and all vaping products in retail establishments, online, and through any other means is prohibited. This includes all flavored and non-flavored e-cigarettes and vaping devices, including mint and menthol.

What states are banning 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...•

Why is vaping banned in Massachusetts?

To try to reduce youth e-cigarette use, the Commonwealth of Massachusetts imposed a 75% excise tax on nicotine-containing vaping products and banned the sale of all flavored tobacco products, including combustible tobacco, effective June 1, 2020.

Can you buy vape products 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.

Are vapes going to be banned?

After a two-year review, the Food and Drug Administration announced Thursday it will ban all vaping and e-cigarette products sold by Juul.

Can I vape in Walmart?

Can I vape in Walmart? No, you cannot legally vape in Walmart. You can vape 25 feet or more away(outside) from the entrance of the store. Anything else violates the clean air act.

Are Juul pods banned in Massachusetts?

States that have tried banning Juul and other e-cigarettes include: 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.

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.

Is flavored vape juice banned?

The new Food and Drug Administration policy only prohibits flavors, with an exemption for the popular flavor menthol, in e-cigarette products that use closed-system e-liquid cartridges.

Does Massachusetts sell vapes?

Massachusetts Governor Charlie Baker (R) and his Democratic-run state legislature enacted a ban on flavored e-liquids and tobacco products, including menthol cigarettes, that has been in place since June 1, 2020.

Will UPS ship vape products?

UPS prohibits the shipment of all Vaping Products (as defined below) throughout its U.S. domestic network, including import and export, regardless of nicotine content and destination state.

Can you buy puff bars in MA?

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.

Which state has recently banned e-cigarettes?

The Kerala Government has banned the manufacture, sale, marketing and advertising of e-cigarettes (or electronic cigarette) in the state, as its use could lead to cancer and heart diseases. With this, Kerala has become the 4th state in India to ban e-cigarette after Punjab, Maharashtra and Karnataka.

Is vape illegal in Texas?

The more you know about vaping, the better you can help teens avoid its dangers. In Texas, an individual must be at least 21 years old to legally buy or own tobacco products, including e-cigarettes or vape devices.

Are Vapes illegal in Florida?

Florida LAWS & TAXES Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old.

Are Vapes illegal in NY?

NYC has a law that restricts the sale of flavored tobacco and vaping products (also known as e-cigarettes). According to this law, retailers may only sell tobacco products that are unflavored or are tobacco, menthol, mint or wintergreen flavored.

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

DOR Cigarette and Tobacco Forms and Legal Documents

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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.

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.

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.

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.

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.

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.

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.

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.

When will the Massachusetts vaping ban end?

The Massachusetts Vaping Ban Will End Early, but There’s a Catch. It's over December 11, but it'll be a whole new world for e-cigarette users. Here's what you need to know. Vapers of Massachusetts, you may see e-cigarettes return to shelves in the state earlier than you thought: In a surprise announcement, Gov.

When did Massachusetts ban e-cigarettes?

The prohibition has been the law of the land since September 24, when Baker made Massachusetts the first state to temporarily outlaw sales of both nicotine and marijuana e-cigs in response to the nationwide rise of mysterious lung illnesses believed to be linked to the products.

When is Baker's vape ban lifted?

Second, the lifting of Baker’s vape ban is set to coincide with new regulations from the Department of Public Health, which are due out by December 11. It’s still unclear what the DPH might do, but it’s possible the board would move to keep the ban in place, even permanently.

Which state banned menthol?

Thrilled to attend the bill signing to make MA the 1st state to ban the sale of menthol and other flavored cigarettes and vaping products. Thx for your leadership @MassGovernor @DWGregoire @SenJohnFKeenan ⁩ ⁦ @SpeakerDeLeo @KarenSpilka @MassAGO @APerronHasHeart @MarcHymovitz pic.twitter.com/fShwuehDgF

Can you buy THC vape cartridges?

There is one vaping product you can buy right now. Earlier this month, the state Supreme Judicial Court ruled that the authority to regulate THC vaping products rests with the Cannabis Control Commission. The board decided to quarantine THC vape cartridges, but lift a ban on vapes that use marijuana flower. Whether to allow sales of other vapes to resume will be up to the CCC.

When will the vaping ban end?

This temporary blanket ban was supposed to expire in late January but due to the new legislation Gov. Baker ended it on Dec. 11. The new law will take effect as from June 1st, 2020.

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.

How long is the ban on vaping in Massachusetts?

A Massachusetts judge ruled on Monday that the state’s four-month ban on the sale of all e-cigarettes and vaping products can remain in effect — but only for about a week.

When is the vaping order enjoined?

Wilkins also ruled that, when it comes to nicotine-vaping products specifically, the order “is preliminarily enjoined” from implementation and enforcement after October 28. In the meantime, the state will have to make changes to the order regarding the sale of nicotine-containing vaping products.

Is the Baker administration's ban on vaping unconstitutional?

He added that the ruling shows that the governor’s ban on all vaping products “was unconstitutional” and once changes are made, it will likely be a “drastically different” law. In the meantime, the Baker administration stands by its decision-making behind implementing its ban.

Is vaping banned in the US?

The ban comes in wake of a multi-state outbreak of lung injuries associated with vaping, which is currently being investigated by the US Centers for Disease Control and Prevention, the US Food and Drug Administration, state and local health departments, and other clinical and public health partners.

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.

When did the e-cigarettes regulation take effect?

This regulation took effect on December 11, 2019. As a result, there are important new requirements for retail establishments that sell tobacco products, including e-cigarettes. These requirements differ depending on the type of retail establishment, so please read the statute, the regulation, and this information carefully.

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.

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