Massachusetts Vaping Laws

Vaping has become a popular trend in the United States, particularly among young adults. You can see people puffing clouds of flavored vapor on sidewalks, back porches, and street corners across the US. As a result, there have been concerns over the safety of their use and its effects on health. Therefore, law enforcement has taken tremendous measures to regulate vaping throughout the country. This post discusses the laws and regulations regarding their use in Massachusetts 

Is it legal to vape in Massachusetts? Yes, vaping is legal according to Massachusetts state law. However, there are certain laws and regulations in place for vaping that make it a bit trickier than that. These laws and local regulations cover the age, venue, and how the vape can legally be used. 

Vaping Age in Massachusetts

What is the legal vaping age in Massachusetts? You must be 21 years of age to legally vape in Massachusetts according to MGL c. 270, § 6 Tobacco. The previous legal age was 18 years old, and the age restriction came into effect on December 31, 2018. 

The bill passed by lawmakers to raise the legal age was an effort to reduce the use of vaping among teens. It is illegal for anyone under the age of 21 to purchase, possess, transport, or smoke tobacco and nicotine products. 

Buying Vape in Massachusetts

How old do you have to be to buy vape in Massachusetts? You must be 21 years old to buy or use a vape in Massachusetts state. The new age restriction came into effect on December 31, 2018, while the previous legal age was 18 years old. 

As the concerns grow over the health risks vaping brings, the law enforcement officials had to act to minimize the risk. Since vaping contains nicotine, many users end up addicted to vaping and struggle to give up. 

Can you buy vapes at 18 in Massachusetts? No, you cannot purchase a vape in Massachusetts unless you reach the age of 21. Before the age restriction came into force, you could buy a vape at 18 years old in Massachusetts.  

While lawmakers hope to bring down the number of vape users, it is challenging to find the data to compare with the time the bill was passed. Since most teens were at home, they had limited access to these products. 

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. 

As a result, the users are only allowed to use tobacco or menthol, or nicotine products. The decision behind this regulation is to refrain teens from using such devices as there are reports of many of them ending up getting addicted. The nicotine used in these devices goes unchecked and that’s another thing that makes lawmakers concerned. 

Vaping Indoors 

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. This does not mean that you can smoke anywhere you want. There are local laws that prohibit vaping in certain areas such as colleges and university campuses. 

Vaping in Public Places in Massachusetts

Can you vape in public places in Massachusetts? Generally, you can vape in public places but not everywhere in Massachusetts. There are specific locations where you are prohibited from smoking or vaping. For instance, you are not allowed to vape on any university campuses or state colleges. 

There are also local laws that prohibit vaping in the workplace. This does not cover every workplace but only certain areas. Massachusetts’ Smoke-free Workplace Law prohibits smoking in workplaces. It is advised to check the local laws in that regard. 

Vaping While Driving in Massachusetts

Is it legal to vape and drive in Massachusetts? Currently, there are no laws regulating the use of vapes while driving in Massachusetts. Nonetheless, there are general laws that are applicable to road safety. 

Vaping while driving can cause vision impairment. This is caused by the clouds that vaping produces. Having said that, it is recommended to wait or pull over before vaping. It is not against the state law to vape while behind the wheel but if you do it, you should be confident that it is safe. 

Is it legal to vape in a car with a child in Massachusetts? There are no laws banning drivers from vaping with children in the car in Massachusetts.

You are allowed to vape in a car with a child but you should be aware of the risks you might bring to the kid in the car. The child might experience short breaths or even fatal health conditions as a result of second-hand smoking.

Currently, only seven states prohibit smoking in the presence of children (Vermont, Arkansas, Louisiana, Maine, Oregon, Utah, and California).

The state of Puerto Rico is preparing to pass a bill that would make it illegal for anyone to vape in the presence of 13 years old in a car.

Most people support the bill and it is quite likely to be passed. 

Juul Pods in Massachusetts

What is the age to buy Juul pods in Massachusetts? You are legally not allowed to buy Juul pods in Massachusetts.

The state’s Gov. Charlie Baker temporarily banned the sale of Juul pods that came into force on Sept. 24, 2019. Even though the state judge ruled the ban flawed but permitted to remain in force. 

Are flavored juul pods legal in Massachusetts?  Flavored Juul pods are illegal in Massachusetts. While a handful of states imposed temporary bans on flavored vapes, Massachusetts is the first state to have the permanent prohibition in place. The new regulation prohibits the consumption and sale of flavored vapes to any licensed smoking bars. 

Besides, under federal law, it is forbidden to sell closed system devices such as cartridges and pods containing a-liquid flavors other than menthol or tobacco.  

In conclusion, you can legally use and buy vapes but you ought to be careful as to where to smoke and how old you are. 


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