Vapes are legal in Massachusetts for adults 21 and older, but only non-flavored electronic nicotine delivery systems can be sold in the state. Massachusetts banned all flavored vaping and tobacco products in 2019, including menthol and mint, and it layers a 75% wholesale excise tax, strict age checks, and broad no-vaping rules on top of that.
The Flavored Product Ban
No retailer, manufacturer, or individual may sell or distribute a flavored vaping product to a consumer in Massachusetts, whether in a store, online, or through any other channel.1General Court of Massachusetts. Session Law – Acts of 2019 Chapter 133 “Flavored” covers any distinguishable taste or aroma other than tobacco: fruit, menthol, mint, candy, chocolate, dessert, vanilla, and alcoholic beverage flavors are all off the shelves. Massachusetts was the first state to make this ban permanent, and menthol, which many other states still allow, is included.
The only exception is a licensed smoking bar, an enclosed establishment such as a cigar bar, hookah bar, or vape bar where at least 51% of revenue comes from tobacco product sales. Flavored products at a smoking bar can only be consumed on the premises and cannot be sold to take home.1General Court of Massachusetts. Session Law – Acts of 2019 Chapter 133
You Must Be 21 to Buy
The minimum age to buy any vaping or tobacco product in Massachusetts is 21.2Mass.gov. Get the Facts about Youth Vaping Every seller has to verify age using a valid government-issued photo ID that shows date of birth.3LII / Legal Information Institute. 105 CMR 665.020 – Identification Requirements At adult-only tobacco stores and smoking bars, the ID check happens at the door before you even enter. There is no exception for looking old enough.
Where You Can Buy Vapes
Massachusetts splits legal vape sales into three channels, and the channel determines what product you can actually get.
Convenience Stores and Gas Stations
General retailers with a tobacco sales license can only sell non-flavored vapes with a nicotine concentration of 35 milligrams per milliliter or less.4Mass.gov. 2019 Tobacco Control Law No flavors, no high-nicotine devices.
Adult-Only Retail Tobacco Stores
Licensed tobacco stores that restrict entry to customers 21 and older can sell non-flavored vapes at any nicotine strength, including above the 35 mg/ml cap that applies elsewhere.4Mass.gov. 2019 Tobacco Control Law Even in these stores, flavored products remain banned.
Online and Mail Order
Online sales to Massachusetts addresses are legal but limited to non-flavored products at or below 35 milligrams per milliliter of nicotine. The retailer has to verify the buyer is at least 21 through a commercial age-verification database before completing the sale, and the carrier must get a signature from someone 21 or older on delivery.5Mass.gov. 105 CMR 665.000 The age-verification information has to be kept on a separate form from payment details and can’t be used for anything else.
Where You Can’t Vape
Massachusetts law treats vaping the same as smoking. Any device that relies on vaporization or aerosolization falls under the state smoking definition, so every place cigarettes are banned, vapes are banned.6General Court of Massachusetts. General Law – Part IV, Title I, Chapter 270, Section 22 That includes:
- Indoor workplaces, offices, common areas, hallways, elevators, restrooms, and employee lounges
- Restaurants, bars, cafeterias, coffee shops, food courts, and supermarkets
- Theaters, concert halls, arenas, stadiums, museums, and libraries
- All schools, colleges, universities, childcare centers, and school-age camp buildings
- Hospitals, medical offices, and other health care facilities
- The State House, public buildings, and any state or municipal vehicle
- Trains, buses, airports, and transportation terminals
Landlords can also prohibit vaping inside rental units and anywhere on their property. A no-vaping clause in a lease is enforceable in Massachusetts.7Mass.gov. Smoke-Free Housing
The 75% Excise Tax
Massachusetts charges a 75% excise tax on the wholesale price of every electronic nicotine delivery system sold in the state. The tax applies to distributors when the product is manufactured, purchased, imported, or received in the state, and it covers the device, the liquid or gel, and any component parts or accessories used during operation, even when sold separately. A device with a $20 wholesale cost carries $15 in excise tax before any retail markup. Thirty percent of the revenue is directed to the Community Behavioral Health Promotion and Prevention Trust Fund.8General Court of Massachusetts. General Law – Part I, Title IX, Chapter 64C, Section 7E
Local Rules Can Go Further
The state framework is a floor, not a ceiling. Many Massachusetts cities and towns have added their own restrictions: caps on the number of retail tobacco permits, bans on vaping in outdoor dining areas, parks, or beaches, and additional licensing requirements.9Mass.gov. Local, State and Federal Laws Related to Tobacco Before you buy, sell, or use a vape somewhere new, check with the local board of health for rules that stack on top of state law.
Penalties for Illegal Sales
Selling or providing a vape or tobacco product to someone under 21 triggers escalating fines against the individual who made the sale:10General Court of Massachusetts. Massachusetts General Laws Chapter 270, Section 6 – Sale or Provision of Tobacco Product to Person Under 21 Years of Age
- First offense: $1,000
- Second offense: $2,000
- Third or subsequent offense: $5,000
Local boards of health can add their own warnings, fines, and permit suspensions on top of the state penalty. Losing the local tobacco permit means the store can’t sell any tobacco or vaping products at all. If you believe a retailer is selling to minors or stocking banned flavored products, you can file a complaint with the Attorney General’s office or contact your local board of health.11Mass.gov. Preventing E-Cigarette and Tobacco Use by Young People