Vaping has become a popular alternative to smoking in recent years, with over 10 million Americans using some form of e-cigarette. Massachusetts is one of the states that have taken steps to regulate vaping and its sale within their jurisdiction.

This article will explore the legality of vaping in Massachusetts, including any special taxes on vapes, package regulations, restrictions for minors, and whether licenses and permits are required to sell vapes.

Interesting statistic: In 2017 alone, Massachusetts earned nearly $31 million from tobacco taxes.

Vaping In Massachusetts

Vaping in Massachusetts has been a topic of discussion due to a 2019 Tobacco Control Law that resulted in a ban on the sale of all vaping products.

The law also included restrictions on flavored tobacco and menthol cigarettes, as well as large increases in taxes for traditional cigarettes.

This law caused confusion among both retailers and consumers about the legality of vaping products in the state.

Consequently, it is important to examine all laws and regulations governing vaping in Massachusetts.

Massachusetts Vaping Ban

In response to the increasing number of reported cases of serious lung illnesses, the Massachusetts government has enacted a ban on vaping.

The ban applies to the sale and distribution of all flavored and non-flavored electronic cigarettes, nicotine delivery systems, and other related products for a period of four months.

This includes any product containing tobacco or nicotine derived from tobacco that is intended for human inhalation through an electronic cigarette, cigar, pipe or hookah.

The purpose of this ban is to protect public health by reducing access to potentially dangerous vaping products during this critical public health emergency.

This action follows other measures which have been taken in recent years in order to strengthen tobacco control law in Massachusetts.

2019 Tobacco Control Law

The 2019 Tobacco Control Law in Massachusetts has implemented a series of restrictions on the sale of nicotine vaping, flavored vaping, and tobacco products in order to protect public health and reduce access to potentially harmful products.

The law prohibits e-cigarette use outside of licensed smoking bars, restricts the sale of systems with nicotine content above 35 mg/ml, raises the age limit for purchasing all tobacco products to 21 years old, and bans the sale of flavored tobacco products with some exceptions.

It also requires retailers to be licensed by the state and participate in the Massachusetts Tobacco Cessation and Prevention Program. Additionally, it increases taxes on cigars from 50% to 75%, as well as other taxes that will fund a new Tobacco Control Policy Fund.

These regulations are aimed at reducing youth exposure to tobacco marketing and curbing lung illness associated with e-cigarette use. By implementing these restrictions on sales, this law is an important step towards protecting public health in Massachusetts.

Is There A Special State Tax On Vapes?

The taxation of electronic nicotine delivery systems in Massachusetts is subject to a special state excise tax. The rate of this excise tax is based on the wholesale price of the device, with the amount varying between zero and 25 percent.

The state also levies an additional 10.75 percent sales tax on all e-cigarette products sold within Massachusetts. This makes it one of the highest taxed states when it comes to vaping, with taxes on menthol cigarettes, smoking tobacco products and flavored nicotine products set at 75 percent or more.

Additionally, there are laws in place that prohibit black market nicotine product sales and limit gas stations from selling e-cigarettes with milligrams per milliliter measures greater than 20%. This has helped prevent vaping related issues such as underage electronic cigarette sale or possession by minors and discourages people from using vaping as an alternative for smoking traditional cigarettes.

Overall, these regulations help discourage excessive use of e-cigarettes while ensuring that any applicable taxes are collected on each e cigarette sale within the state.

Package Regulation

Packaging of electronic nicotine delivery systems in Massachusetts is subject to specific and stringent regulations. The state requires all e-cigarettes to be sold in child resistant packaging, as well as prohibiting the opening, repackaging, or selling of e-cigarettes in smaller quantities than the original factory-wrapped package.

Additionally, it is prohibited to sell any form of electronic nicotine delivery system other than a manufacturer prefilled and sealed cartridge.

Furthermore, cigar bars and hookah bars are also banned from selling flavored products at wholesale prices. This ban includes flavored cigarettes, traditional cigarettes, combustible cigarettes, electronic cigarettes and any other vaping related product.

According to the Office on Smoking and Health, these restrictions are designed to reduce youth access and use of tobacco products including electronic nicotine delivery systems.

As such transition into the next section about ‘Vaping Restrictions for Minors’ will be discussed further.

Vaping Restrictions For Minors

The package regulations of the e-cigarettes are just one means to regulate vaping products in Massachusetts. In order to further regulate the sale and use of vaping products, there are several restrictions placed on youth access.

According to The Executive Director of The Tobacco Free Mass Coalition, “Massachusetts has some of the strongest laws in the country when it comes to limiting youth access”. These restrictions include an age limit for purchasing and using e-cigarettes, penalties for selling them to minors, and regulations regarding the display or advertising of them.

Retailers must check customers’ identification before selling any nicotine product including e-cigarettes. The period between 2017 and 2018 saw an increase in enforcement efforts by local police departments across Rhode Island which resulted in a decrease in sales rates at convenience stores by 9%.

To reduce sales even further, Massachusetts recently passed legislation requiring adult only retail tobacco stores that sell tobacco products such as cigarettes or cigars be separated from other types of retail outlets like convenience stores. This law presents a challenge for tobacco enforcement officials who now have to determine if a store is selling only tobacco or other items as well which makes it easier for minors to buy these products illicitly from unregulated markets.

Are Licenses and Permits Required To Sell Vapes?

Retailers of e-cigarettes in Massachusetts must ensure they have the necessary licenses and permits to operate.

According to the General Laws of Massachusetts, Chapter 64C Section 3 requires retailers selling tobacco products, which includes e-cigarettes, to obtain a tobacco retail license from the Department of Revenue (DOR).

Additionally, any person or entity engaging in the wholesale trade of such products must acquire a wholesaler’s permit from DOR.

These requirements apply regardless of whether the retailer operates as a shop or store, vending machine operator, specialty store or market.

The legal sales age for all tobacco products is 21 years old in Massachusetts and retailers are obligated to abide by this law.

Retailers also need comply with regulations set by both the Public Health Council and Tax Foundation including restrictions on advertising electronic cigars, pipes and cigarettes near schools and playgrounds as well as keeping records of transactions involving vapor product purchases.

Furthermore, anti-smoking groups urge businesses selling vapes to be mindful when it comes to marketing aspects of vaping that could encourage minors to use them illegally.

Conclusion

The legality of vaping in Massachusetts is complex.

Despite the lack of a special state tax, there are stringent packaging regulations to abide by and minors are strictly prohibited from engaging in the activity.

Furthermore, businesses that sell vaping products must obtain licenses and permits.

With this in mind, it can be concluded that while vape users may enjoy a certain level of freedom, they must still adhere to certain laws to ensure their safety as well as the safety of others.

Consequently, it behooves vapers to be aware of the legalities surrounding their activity lest they find themselves in hot water with local authorities.

All things considered, being informed is key for any modern-day vaper looking to stay on top of their vapor game.