Massachusetts laws
Public places
MGL c. 270, § 22 Smoking in the workplace and in public places
MGL c. 270, § 23 No smoking in flea markets
MGL c. 272, § 43A No smoking on public transportation or in stations
Manufacturing and sales
MGL c. 64C Cigarette excise: regulates pricing, taxation and other aspects of cigarette and e-cigarette sales
MGL c. 94E, § 2 Financial obligations of tobacco manufacturers selling cigarettes to consumers within commonwealth
Requires manufacturers that do not enter into the Master Settlement Agreement to make annual deposits into a qualified escrow account, which is held to pay settlements or judgments against those companies on claims brought by the Commonwealth.
MGL c. 94F Complementary provisions concerning tobacco product manufacturers
Requires that cigarette manufacturers and brands be listed in a directory in order to sell cigarettes in Massachusetts.
MGL c. 148, § 60 Prohibits the sale of novelty lighters
MGL c. 270, § 6 Tobacco: sale or gift to minors
Must be 21 to buy any tobacco product, including e-cigarettes.
MGL c. 270, § 6A Fines for selling rolling papers to people under 21
MGL c. 270, § 7 Retail establishments must post MGL c. 270, § 6 and § 6A, violators shall be punished by fine
MGL c. 270, § 27 Liquid nicotine containers and liquid or gel substances containing nicotine must be in child resistant packaging
MGL c. 270, § 28 Flavored tobacco is prohibited
MGL c. 270, § 29 Nicotine content of vaping products and e-cigarettes is limited
City and town ordinances and bylaws
MGL c. 111, § 31 Boards of health may make reasonable health regulations (including smoking regulations)
Cities and towns may have stricter or more specific laws in place for the sale and use of tobacco products, including prohibiting the sale of e-cigarettes or vapor products. Check your local ordinances and bylaws for more information.
Health care institutions
MGL c. 111, § 72X All nursing homes must have non-smoking areas; employees can't smoke in patient care areas
MGL c. 112, § 61A No health care institution can sell tobacco products
Schools
MGL c. 71, § 2A Use of tobacco products at schools
MGL c. 74, § 58 Use of tobacco products at vocational schools
Massachusetts regulations
105 CMR 661 Regulations implementing MGL c. 270, § 22
Provides detailed requirements for allowing smoking in membership associations and outdoor spaces.
105 CMR 665 Minimum standards for retail sale of tobacco and electronic nicotine delivery systems, including flavored tobacco
501 CMR 14 Testing, certification, marking, and enforcement of Massachusetts' fire standard compliant cigarettes
830 CMR 94E.1.1 Non-participating cigarette manufacturers
830 CMR 270.1.1 Provisions concerning the issuance of a smoking bar permit
940 CMR 21 Sales and distribution of cigarettes, smokeless tobacco products and electronic smoking devices in Massachusetts
940 CMR 22 Sales and distribution of cigars in Massachusetts
940 CMR 24 Tobacco product manufacturer certifications
Federal laws
15 USC §§ 1331-1341 Cigarette labeling and advertising
21 USC §§ 387-387v Tobacco products
- 21 USC § 387f(d) Must be 21 or older to buy tobacco products
The Tobacco Control Act
Regulates the manufacture, marketing, sale and distribution of tobacco products. Links to the law, rules and regulations (proposed and final), and guidance documents.
Federal regulations
24 CFR §§ 965.651-965.653 Smoke-free public housing
- For more information, refer to HUD's rule regarding Instituting smoke-free public housing
Selected cases
File a complaint
Local health authorities
In Massachusetts city and town local health authorities (LHA) enforce no-smoking laws and the illegal sale of tobacco products. Complaints should be addressed to the LHA, which may be the board of health, health department, or inspectional services department.
Mass. Department of Public Health
Some complaints can also be filed with the DPH. For more information, refer to the page:
- Smoke-Free Workplace Law or other tobacco related violation, Massachusetts Tobacco Cessation and Prevention Program.
Web sources
Smoking or vaping in general
2019 Tobacco Control Law, Mass. Department of Public Health.
Explains the law and restrictions on the sale of nicotine vaping and flavored vaping and tobacco products.
E-cigarette regulations - Massachusetts, Public Health Law Center.
Answers common questions about the regulation of e-cigarettes in Massachusetts.
Local, state, and federal laws related to tobacco, Mass. Department of Public Health.
Tobacco laws and regulations in Massachusetts, including sales to minors, smoking in the workplace, licensing of retail outlets, vending machine sales and more.
Massachusetts Tobacco Cessation and Prevention Program, Mass. Department of Public Health.
Statewide public health program focused on comprehensive approaches to reduce tobacco and nicotine use.
Quit medicines and insurance, Mass. Department of Public Health.
Describes the medicines that can help those who want to stop smoking, vaping, or otherwise using tobacco products and what insurance may cover.
Tobacco products, U.S. Food and Drug Administration.
Includes links to federal regulations and guidance, information on compliance and enforcement, recent science and research news, and public health education.
Smoking in apartments or condominiums
Is secondhand smoke infiltrating your apartment or condominium?, American Lung Association.
Provides steps that can help you if you find yourself experiencing secondhand smoke in your home.
Marijuana in multi-unit residential settings (PDF), Public Health Law Center, 2019.
"Answers to common questions about smoking or vaping marijuana in multi-unit residences, including federally subsidized housing."
Secondhand smoke in condominiums: Legal options for owners (PDF), Public Health Law Center, 2022.
"This policy brief describes legal options available to condominium owners exposed to drifting secondhand smoke."
Smoke-free housing, Mass. Department of Public Health.
Information for residents, landlords, and condo associations about smoke-free housing.
Smoking in public housing, Mass. Legal Help, 2019.
Guidance regarding rules about smoking and what to do about secondhand smoke in public housing.
Toolkits for owners/management agents (PDF) and residents (PDF), U.S. Department of Housing and Urban Development.
These Smoke-Free Housing Toolkits provide educational "how-tos" and resource brochures, pamphlets and other information designed to assist owners/management agents and residents of public and assisted multi-family housing who want safer and healthier homes.
When secondhand smoke invades your home, Nolo.
Provides legal options for dealing with a neighbor’s secondhand smoke.
Smoking in the workplace
Massachusetts smoke-free workplace law and questions about multi-unit businesses, Mass. Department of Public Health, (c.2017).
Includes law and guidance regarding smoking in common areas, near doors or windows, and secondhand smoke from other units.
Smoking and the workplace, Workplace Fairness.
Questions and answers on smokers' and non-smokers' rights in the workplace.
Print sources
Drafting employment documents in Massachusetts, 5th ed., MCLE, 2025.
Chapter 11: Privacy in the workplace.
Employment law (Mass. Practice v.45), 3rd ed., Thomson Reuters, 2016 with annual supplement.
Section 10:7: Inquiry into private facts.
Labor and employment law in Massachusetts, 2nd ed., Lexis, loose-leaf. (eBook available with library card)
Chapter 3, Section 3-8[b] and 3-11.
Landlord and tenant law (Mass. Practice v.33), 3rd ed., West Group, 2000 with annual supplement.
Sections 11:4–11:9 and Section 16:33: Covenant of quiet enjoyment.
Public health law in a nutshell by James G. Hodge, 5th ed., West Academic Publishing, 2025.
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| Last updated: | June 26, 2026 |
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