Are Nicotine Vapes (e-cigarettes) Legal in Massachusetts? (2026)

Instrument

Sale of flavored tobacco products; definitions; penalties; exceptions; rules and regulations

Source

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter270/Section28

Retrieved

2026-11-06

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Section 28. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

''Characterizing flavor'', a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable before or during consumption of a tobacco product, including, but not limited to, a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product.

''Constituent'', any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product; provided, however, that ''constituent'' shall include a smoke constituent.

''Distinguishable'', perceivable by the sense of smell or taste.

''Flavored tobacco product'', any tobacco product that contains a constituent that has or produces a characterizing flavor.

''Manufacturer'', a person that manufactures or produces a tobacco product.

''Person'', an individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver.

''Retail establishment'', a physical place of business or a section of a physical place of business in which a tobacco product is offered for sale to consumers.

''Retailer'', a person that operates a retail establishment.

''Smoke constituent'', any chemical or chemical compound in mainstream or sidestream tobacco smoke that transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product.

''Tobacco product'', a product containing or made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product; provided, however, that ''tobacco product'' shall also include any component, part or accessory of a tobacco product; and provided further, that ''tobacco product'' shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for the approved purpose.

''Tobacco product flavor enhancer'', any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any tobacco product.

(b) No person, retailer or manufacturer shall sell, distribute, cause to be sold or distributed, offer for sale any flavored tobacco product or tobacco product flavor enhancer in any retail establishment, online or through any other means to any consumer in the commonwealth; provided, however, that this subsection shall not apply to the sale or distribution by a smoking bar, as defined in section 22, of flavored tobacco products or tobacco product flavor enhancers for on-site consumption. No person, retailer or manufacturer shall market or advertise a proposed sale or distribution that is prohibited herein.

(c) A person, retailer or manufacturer may make a sale of flavored tobacco products as it applies to electronic nicotine delivery systems by online, phone, or other means for delivery to a consumer located in another State.

(d) Public statements, claims or indicia made or disseminated by a manufacturer or by any person authorized or permitted by the manufacturer to make or disseminate public statements, claims or indicia concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

(e) A person who violates this section shall be subject to the same fines established for violations of section 6.

(f) Marijuana or marijuana products as defined in section 1 of chapter 94G shall not be subject to this section.

(g) The department of public health may promulgate such procedures, rules or regulations as it deems necessary to implement this section.

Instrument

Sale of flavored tobacco products (Sec. 28); sale of electronic nicotine delivery systems, nicotine content cap (Sec. 29)

Source

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter270/Section28

Retrieved

2026-11-06

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Section 28. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

''Characterizing flavor'', a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable before or during consumption of a tobacco product, including, but not limited to, a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product.

''Constituent'', any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product; provided, however, that ''constituent'' shall include a smoke constituent.

''Distinguishable'', perceivable by the sense of smell or taste.

''Flavored tobacco product'', any tobacco product that contains a constituent that has or produces a characterizing flavor.

''Manufacturer'', a person that manufactures or produces a tobacco product.

''Person'', an individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver.

''Retail establishment'', a physical place of business or a section of a physical place of business in which a tobacco product is offered for sale to consumers.

''Retailer'', a person that operates a retail establishment.

''Smoke constituent'', any chemical or chemical compound in mainstream or sidestream tobacco smoke that transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product.

''Tobacco product'', a product containing or made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product; provided, however, that ''tobacco product'' shall also include any component, part or accessory of a tobacco product; and provided further, that ''tobacco product'' shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for the approved purpose.

''Tobacco product flavor enhancer'', any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any tobacco product.

(b) No person, retailer or manufacturer shall sell, distribute, cause to be sold or distributed, offer for sale any flavored tobacco product or tobacco product flavor enhancer in any retail establishment, online or through any other means to any consumer in the commonwealth; provided, however, that this subsection shall not apply to the sale or distribution by a smoking bar, as defined in section 22, of flavored tobacco products or tobacco product flavor enhancers for on-site consumption. No person, retailer or manufacturer shall market or advertise a proposed sale or distribution that is prohibited herein.

(c) A person, retailer or manufacturer may make a sale of flavored tobacco products as it applies to electronic nicotine delivery systems by online, phone, or other means for delivery to a consumer located in another State.

(d) Public statements, claims or indicia made or disseminated by a manufacturer or by any person authorized or permitted by the manufacturer to make or disseminate public statements, claims or indicia concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

(e) A person who violates this section shall be subject to the same fines established for violations of section 6.

(f) Marijuana or marijuana products as defined in section 1 of chapter 94G shall not be subject to this section.

(g) The department of public health may promulgate such procedures, rules or regulations as it deems necessary to implement this section.

Section 29. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

''Electronic nicotine delivery system'', an electronic device, whether for 1-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling from the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that ''electronic nicotine delivery system'' shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device; provided further, that ''electronic nicotine delivery system'' shall also include any component, part or accessory of a device used during the operation of the device even if the part or accessory was sold separately; provided further, that ''electronic nicotine delivery system'' shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose.

''Person'', an individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver.

''Retail tobacco store'', shall have the same meaning as in section 22.

''Smoking bar'', shall have the same meaning as in section 22.

(b) No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter; provided, however, that this subsection shall not apply to retail tobacco stores or smoking bars.

(c) A person who violates this section shall be subject to the same fines established for violations of section 6.

Instrument

Definitions -- 'Controlled substance analogue' (and related 'Controlled substance', 'Tetrahydrocannabinol', and 'Marihuana' definitions)

Source

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94C/Section1

Retrieved

2026-07-02

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Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Controlled substance”, a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter.

"Controlled substance analogue", (i) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in section 31 and which has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; or (ii) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in said section 31 and with respect to a particular person, which such person represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; provided, however, that "controlled substance analogue" shall not include: (1) a controlled substance; (2) any substance for which there is an approved new drug application; (3) with respect to a particular person, any substance for which there is an exception in effect for investigational use for that person, under section 8, to the extent conduct with respect to the substance is pursuant to such exemption; or (4) any substance not intended for human consumption before such an exemption takes effect with respect to that substance; provided, however, that for the purposes of this chapter, a "controlled substance analogue" shall be treated as the Class A, B, C, D or E substance of which it is a controlled substance analogue.

"Marihuana", all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, industrial hemp as defined in section 116 of chapter 128, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.

"Tetrahydrocannabinol", tetrahydrocannabinol or preparations containing tetrahydrocannabinol excluding marihuana except when it has been established that the concentration of delta-9 tetrahydrocannabinol in said marihuana exceeds two and one-half per cent.