Vaping FAQs

is vaping still illegal in massachusetts

by Prof. Jamison Hill Published 1 year ago Updated 1 year ago
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Massachusetts. Governor Charlie Baker ordered a 4 month ban on all e-cigarette sales. This was later changed to a ban lasting indefinitely. Vaping is banned on all state college & university campuses. Localities with vaping bans that include all bars and restaurants (116 total):

Massachusetts LAWS & TAXES
The sale of tobacco and vapor products to persons under age 18 is prohibited. Sampling in vapor shops is prohibited.

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

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.

Can you buy flavored vape juice in Massachusetts?

How much nicotine is in a vape in Massachusetts?

Is menthol banned in tobacco?

Does Massachusetts have vaping laws?

Is vaping legal in Massachusetts?

Is it legal to vape in Massachusetts?

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Is there a vape ban in Massachusetts?

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

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...•

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."

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.

Is vaping worse than smoking?

1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.

Why are they banning Vapes?

Voters largely in favor of vape bans Last week, the FDA banned Juul from selling any of its vaping products in the United States, including tobacco-flavored cartridges, citing insufficient health and safety data.

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.

How do you vape under age?

You can't buy them so the only way is through friends. Just don't ask any strangers to help you. Only ask your friends who are of legal age. Or if you have friends who vape just ask them to share with you.

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.

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 vapes ship to Massachusetts?

Massachusetts does not allow us to ship flavored vapor products into their state. Tobacco flavors will continue to be available.

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 vaping banned 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 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 ...

Vape & E-Cig Tax By State for 2022 | Current Rates in Your State

See the current vape tax rates for your state as of October 2022. Some states tax open and closed vaping products differently. Open: Allows the user to refill the liquid and has more freedom in voltage and nicotine levels.

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.

Vaping and E-Cigarette Laws by State - Findlaw

Vaping and e-cigarette laws are complex. Vape pens vary and can be adapted to use tobacco, liquid nicotine, marijuana, herbs, and more. Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21.

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.

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.

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 ...

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.

What is retail tobacco?

Under this regulation, Retail Tobacco Stores are retail establishments whose primary purpose is the sale of tobacco products and paraphernalia, and who restrict the entry for people under the age of 21. These include tobacconists, smoke shops, and vape shops.

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 is a non-age restricted retail establishment?

Under this regulation, a non-age-restricted retail establishment is one that holds a Massachusetts Department of Revenue license for the sale of tobacco products, but does not restrict entry to people under the age of 21.

When will CMR 665 be in effect?

On Wednesday February 12, 2020 the Public Health Council (PHC) voted to finalize the promulgation of 105 CMR 665 and those changes will take effect March 6, 2020. In the interim, the emergency regulations will remain in effect.

Why was Scott Rodrigues fired from Scotts Lawn Care?

Rodrigues v. EG Systems d/b/a/ Scotts Lawn Services, 639 F.Supp.2d 131 (2009)#N#Scott Rodrigues was fired by Scotts Lawn Care for smoking away from the workplace, and brought suit against the company under privacy and ERISA laws. The court held that "Rodrigues does not have a protected privacy interest in the fact that he is a smoker because he has never attempted to keep that fact private," and "A person such as Rodrigues, who has only a contingent offer of employment, does not have an expectation of benefits under the potential employer’s ERISA plan that Section 510 protects."

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 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 is MGL c.64C?

MGL c.64C Cigarette excise. Regulates pricing, taxation and other aspects of cigarette and e-cigarette sales.

What was the first verdict of its kind?

In what may have been the first verdict of its kind, a jury ruled for a landlord seeking to evict tenants for smoking, even though smoking was permitted in the building. Neighboring tenants had complained to the landlord about the smoke seeping into their units.

What was the case in Westland v. Scott?

Scott, 312 Mass. 375 (1942)#N#Court ruled that there was a constructive eviction where an "injurious condition of smoke, soot, oil and fumes rising from a newly installed oil burner in the basement into a leased first floor apartment, causing the tenant thereof to vacate within a reasonable time".

Do nursing homes have to have non smoking areas?

MGL c.111, § 72X All nursing homes must have non-smoking areas. Employees can't smoke in patient care areas.

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.

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.

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.

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

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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

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

Can you share your CTAs?

sharing them is great, but make sure you complete our CTAs yourself and make your voice heard!

Is there a ban on menthol?

The ban took effect immediately, while a ban on menthol cigarettes takes effect June 1, 2020.

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 .

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.

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.

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.

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 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.

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.

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