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Massachusetts Statewide Rule

Massachusetts Vape and E-Cigarette Retail Restrictions Statewide

Heavy RestrictionsApplies statewide across Massachusetts (2026)

Key Facts

Tobacco/Vape
Flavored vape sales banned statewide
Authority
Menthol included in flavor prohibition
Tax
75% excise tax on vape products
Measurement
Smoking bars exception with on-site consumption
Measurement
Tobacco 21 minimum purchase age
Last verified: September 5, 2026Source: Massachusetts General Court

Summary

Massachusetts heavily restricts vape retail under M.G.L. c. 270 § 28, banning flavored vape products statewide and limiting flavored nicotine vape sales to licensed adult-only smoking bars.

No person shall sell tobacco products or act as a manufacturer, wholesaler, vending machine operator, unclassified acquirer, transportation company or retailer, in the commonwealth unless licensed to do so in accordance with section sixty-seven of chapter sixty-two C.

Source: Massachusetts General CourtView official code

Full Breakdown

Massachusetts enacted some of the nation's strictest vape regulations after the 2019 vaping-illness outbreak. M.G.L. c. 270 § 28 prohibits the sale of flavored e-cigarettes, including menthol, anywhere in the Commonwealth. Only tobacco-flavored vape products may be sold at retail, and even those are limited to adults 21 and over under the Tobacco 21 rule (c. 270 § 6). Flavored nicotine vape products are restricted to licensed smoking bars for on-site consumption only. A 75% excise on the wholesale price of vape products also applies.

Violations & Penalties

Retailers selling banned flavored vape products face fines starting at $1,000 for first offense and license suspension or revocation for repeat violations under DPH enforcement rules.

Frequently Asked Questions

Can I buy menthol vapes in Massachusetts?
No. Menthol and all other flavored vape products are banned for retail sale statewide under M.G.L. c. 270 § 28.
Are there exceptions for adults to buy flavored vapes?
Adults 21+ may purchase and consume flavored nicotine vapes only at licensed smoking bars; takeout sales remain prohibited.

Sources

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