MassachusettsCan You Vape in Massachusetts? The Short Answer
Yes, but barely. Massachusetts has the most restrictive vaping laws in America:
- All flavored vapes banned - First state to permanently ban flavored tobacco/vaping products (including menthol)
- 75% excise tax on wholesale price of all ENDS
- Statewide indoor vaping ban - Explicitly includes e-cigarettes
- Online vape sales banned - AG actively enforces
- Nicotine cap of 35 mg/mL at general retail stores
- 21+ age requirement - No military exception
- First jail sentence for flavor ban violations (February 2025)
- 17+ towns have adopted generational tobacco bans
Massachusetts didn't just restrict vaping. It went further than any other state. The result is a severely limited legal market alongside a massive black market. For how Massachusetts compares, see our states banning vapes guide.
Massachusetts' Vaping Laws: The Legal Framework
Massachusetts rewrote the rules on vaping in 2019-2020 with the most aggressive legislation in the country.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| MGL c.270, Section 22 (amended) | 2004+ | Statewide indoor vaping ban (definition includes e-cigarettes) |
| MGL c.270, Section 6 (amended) | 2018 | Raised purchase age to 21 |
| Governor Baker Emergency Order | Sept 2019 | 4-month emergency ban on ALL vaping products |
| H.4196 -- An Act Modernizing Tobacco Control | Nov 2019 | Permanent flavor ban, 75% excise tax, nicotine cap, licensing |
| MGL c.270, Section 29 | June 2020 | Full implementation of flavor ban, menthol cigarette ban, tax |
| H.2562 / S.1568 | 2025 | Proposed generational ban on nicotine sales (pending) |
Regulatory Bodies
- Department of Public Health (DPH) - Regulations, tobacco control programs
- Department of Revenue (DOR) - Licensing, excise tax, compliance inspections
- DOR Criminal Investigation Bureau - Criminal tax evasion enforcement
- Attorney General's Office - Consumer protection, JUUL litigation, online enforcement
- Multi-Agency Illegal Tobacco Task Force - Joint enforcement (DOR, State Police, DPH, AG)
- Local Boards of Health - Local enforcement, tobacco permits
The 2019 Emergency Ban: How It Started
Massachusetts' vaping crackdown began with the most extreme measure any state has taken:
- September 24, 2019: Governor Baker declared a public health emergency and ordered a 4-month ban on ALL vaping products, not just flavored ones, ALL of them
- Context: Over 500 people nationwide had vaping-associated lung illness (EVALI); 61 cases in Massachusetts
- Scope: Complete prohibition on all vape sales: flavored, unflavored, even medical marijuana vapes
- November 27, 2019: Governor signed H.4196, creating the permanent framework
- December 2019: Emergency ban lifted early as permanent law took effect
- June 1, 2020: Remaining provisions (menthol cigarette ban, excise tax) fully implemented
The emergency ban was controversial. It punished legal adult users and even affected medical marijuana patients. But it accelerated passage of the permanent legislation.
What Can You Buy in Massachusetts?
At General Retail (Convenience Stores, Gas Stations)
The legal market is extremely limited:
- Tobacco-flavored vaping products only
- Unflavored vaping products
- Nicotine content must be 35 mg/mL or less
- Devices and accessories (batteries, chargers)
At Specialty Tobacco Stores (Adult-Only, 21+)
- Tobacco-flavored and unflavored vaping products
- Products with nicotine content above 35 mg/mL
At Licensed Smoking Bars (~24 statewide)
- ALL flavored vaping products (fruit, candy, mint, menthol)
- Any nicotine concentration
- On-site consumption only (cannot be purchased for takeaway)
Smoking bars must restrict entry to adults 21+, demonstrate quarterly that at least 51% of revenue comes from tobacco/vape sales, and hold a DOR license.
What You CANNOT Buy Anywhere (for off-site use)
- Any flavored vape products (fruit, candy, dessert, mint, menthol)
- Menthol cigarettes
- Any flavored tobacco products
- Vapes from online retailers (effectively banned)
Expected Prices
| Product | Price Range |
|---|---|
| Disposable vape (tobacco flavor) | $16-$28 |
| Refillable pod system | $35-$55 |
| Box mod kit | $50-$95 |
| 30mL e-liquid (tobacco flavor) | $20-$32 |
| 100mL e-liquid (tobacco flavor) | $28-$42 |
| Replacement coils (5-pack) | $14-$20 |
Massachusetts' 75% excise tax makes it one of the most expensive states for vaping. Prices are significantly higher than neighboring states, which fuels cross-border shopping (particularly to New Hampshire).
Where Can You Vape in Massachusetts?
Massachusetts has a statewide indoor vaping ban. The law explicitly defines "smoking" to include electronic cigarettes.
Where Vaping Is Prohibited
- All workplaces and work spaces
- Restaurants, cafes, coffee shops, food courts
- Bars and taverns
- Retail stores and supermarkets
- Offices, conference rooms, meeting rooms
- Hallways, stairways, elevators, restrooms
- Medical facilities and hospitals
- Child care centers
- State buildings and vehicles
- Public transportation
- Employee lounges and cafeterias
Where Vaping Is Permitted
- Licensed smoking bars (~24 statewide, on-site only)
- Private residences
- Private vehicles
- Outdoors (unless local restrictions apply)
University Campuses
- Harvard University - Tobacco and smoke-free campus
- MIT - Smoke/vape-free
- Boston University - Smoke/vape-free
- UMass system - Smoke/vape-free across all campuses
- Nearly all Massachusetts universities have tobacco-free policies including vaping
The Black Market Problem
Massachusetts' strict laws have created one of the largest black markets for vaping products in the country.
Seizure Data
| Year | Illegal Vapes Seized |
|---|---|
| 2022 | 71,746 |
| 2024 | 308,100 |
That's a 329% increase in two years.
Smuggling Corridor
- Massachusetts jumped from 12th to 4th nationally for inbound cigarette smuggling (2019-2022)
- Approximately 40% of cigarettes sold in Massachusetts are estimated to be smuggled
- New Hampshire (no sales tax, no flavor ban) is the primary source for cross-border purchases
- The Multi-Agency Illegal Tobacco Task Force reports difficulty storing and destroying the volume of seized products
First Imprisonment (February 2025)
Ashraf Youssef (age 62), owner of AAA Smoke and Vape Shop in Marlborough, was sentenced to six months in jail and five years probation for evading approximately $467,000 in excise taxes by routinely purchasing flavored e-cigarettes from out-of-state distributors between 2020 and 2022. At least two other felony prosecutions are ongoing.
Penalties for Violating Massachusetts' Vaping Laws
Underage Sales (MGL c.270, Section 6)
| Offense | Fine |
|---|---|
| 1st offense | $1,000 |
| 2nd offense | $2,000 |
| 3rd+ offense | $5,000 |
| Plus potential license suspension or revocation. |
Flavor Ban / Nicotine Cap Violations (MGL c.270, Section 29)
| Offense | Fine |
|---|---|
| 1st offense | $1,000 |
| 2nd offense | $2,000 |
| 3rd+ offense | $5,000 |
| Plus license suspension or revocation. |
Indoor Vaping Violations (MGL c.270, Section 22)
| Violation | Penalty |
|---|---|
| Individual vaping in prohibited area | $100 civil fine per violation |
| Business owner repeated noncompliance | License revocation or suspension |
Tax Evasion
| Violation | Penalty |
|---|---|
| Consumer possessing untaxed vape products (1st offense) | $5,000 fine + product seizure |
| Consumer (subsequent offenses) | $25,000 fine + seizure |
| Retailer (1st offense) | 30-day license suspension |
| Retailer (2nd offense) | 120-day suspension to revocation |
| Criminal tax evasion | Felony, imprisonment possible |
Enforcement Reality
Massachusetts is the most aggressive enforcement state in the country:
- Multi-Agency Illegal Tobacco Task Force coordinates DOR, State Police, DPH, and AG enforcement
- 308,100 illegal vapes seized in 2024 alone
- AG secured $41 million in the JUUL settlement (part of $462M multistate)
- AG secured injunctions against online sellers shipping flavored products into the state
- First jail sentence for flavor ban violations in February 2025
- Criminal Investigation Bureau conducts afterhours inspections and felony prosecutions
Generational Tobacco Bans
Massachusetts is pioneering a concept that goes beyond age limits: banning nicotine sales to anyone born after a certain year.
How It Started
Brookline became the first municipality in the nation to pass a "generational ban" in 2020, prohibiting tobacco sales to anyone born after January 1, 2000. The Massachusetts Supreme Judicial Court upheld the ban in March 2024.
Municipalities with Generational Bans (17+)
Following the court ruling, municipalities rushed to adopt similar bans:
Belchertown, Brookline, Chelsea, Concord, Conway, Hopkinton, Malden, Manchester-by-the-Sea, Melrose, Needham, Newton, Pelham, Reading, Somerville, Stoneham, Wakefield, Winchester
Birth year cutoffs vary. Brookline uses 2000, while Wakefield, Stoneham, and Melrose use January 1, 2004.
Statewide Proposal
H.2562 / S.1568 (introduced January 2025) would create a statewide ban on nicotine sales to anyone born after January 1, 2006. Public hearings were scheduled for mid-2025.
Taxes and Costs
Tax Breakdown
| Tax | Rate |
|---|---|
| State vaping excise tax | 75% of wholesale price |
| State sales tax | 6.25% |
| Total | 75% excise + 6.25% sales tax |
Proposed Changes
Governor Healey's FY2026 budget proposed extending the 75% excise tax to synthetic nicotine products (ZYN, VELO pouches), with a proposed effective date of August 1, 2025. Projected revenue: $2 million.
Massachusetts vs. Other New England States
| State | Flavor Ban | Directory | Indoor Ban | Vape Tax | Age | Online Sales |
|---|---|---|---|---|---|---|
| Massachusetts | Yes (all flavors) | No | Yes (statewide) | 75% wholesale | 21 | Banned |
| Connecticut | No | No | Yes | 10% wholesale | 21 | Restricted |
| Rhode Island | Local (Providence) | No | Yes | 40 cents/mL | 21 | Restricted |
| Maine | No | No | No statewide | 43% wholesale | 21 | Restricted |
| Vermont | No | No | Yes | 92% wholesale | 21 | Restricted |
| New Hampshire | No | No | Limited | None | 21 | Permitted |
Massachusetts' combination of a total flavor ban, high tax, online sales ban, and aggressive enforcement makes it the most restrictive state in the region, and arguably the country.
Nicotine Alternatives
When you can't vape (which is most indoor spaces in Massachusetts, plus the flavor ban limits options), these alternatives work:
- Nicotine pouches (ZYN, Rogue, On!) - Legal and available, though may face the 75% tax if the synthetic nicotine expansion passes
- Nicotine gum - Widely available at pharmacies
- Nicotine lozenges - Discreet for any setting
- Nicotine patches - Long-lasting, no visible use
Massachusetts Vaping Laws: Key Takeaways
- First state to permanently ban all flavored vapes - Only tobacco-flavored and unflavored products can be sold at retail (since 2019-2020)
- 75% excise tax - One of the highest vape taxes in the nation on top of 6.25% sales tax
- Statewide indoor vaping ban - Law explicitly defines smoking to include vaporization
- Online vape sales effectively banned - AG actively pursues enforcement with injunctions
- Nicotine cap of 35 mg/mL at general retail (higher concentrations only at specialty stores)
- First jail sentence in February 2025 - Vape shop owner got 6 months for $467,000 in tax evasion on flavored products
- 308,100 illegal vapes seized in 2024 - Up 329% from 2022, showing the scale of the black market
- 17+ municipalities have generational bans - Banning nicotine sales to people born after a certain year
- No military exception - Age 21 requirement applies to everyone
- ~24 licensed smoking bars are the only legal venue for flavored vape products (on-site consumption only)
References
- MGL Chapter 270, Section 22 -- Smoking in Public Places
- MGL Chapter 270, Section 29 -- ENDS Restrictions
- Mass.gov -- 2019 Tobacco Control Law
If you're flying into Massachusetts, check our guide on traveling with your vape for airport rules and packing tips.
Looking for vaping laws in other states or countries? Check our complete vaping laws guide for more destinations.