Legislation

Tobacco Free Mass supports a comprehensive approach aimed at protecting young people from all tobacco and nicotine products, helping tobacco users quit, and preventing exposure to secondhand smoke.

Status of Priority Legislation

Budget for the Massachusetts Tobacco Cessation and Prevention Program. The House Ways and Means Committee released its version of the FY 2022 state budget in April 2021.  It includes an increase of $500,000 to the Massachusetts Tobacco Cessation and Prevention Program’s (MTCP) line!  This means that the total amount proposed in MTCP’s line (4590-0300) is $5,618,793. With this increase, the House Ways and Means Committee reversed a shortsighted cut of half a million dollars proposed by the governor.

The additional funding included in the House Ways and Means budget will allow MTCP to help smokers quit–especially those hardest-hit by COVID-19. It will also enable MTCP to better address the impact of the new tobacco law, including improving access to cessation services, ensuring compliance with the law, and evaluating its effects. The next step is for the full House to debate and vote on this version of the budget; then it moves to the Senate.

Close the loopholes in the MassHealth tobacco cessation benefit. Senator Jason Lewis and Representative Christine Barber have filed An Act to provide Medicaid coverage for tobacco cessation (Senate Bill 792 and House Bill 1245, respectively).  The bills were referred to the Healthcare Financing Committee on March 29, 2021. This bill seeks to expand access to the program by allowing trained and approved dentists and behavioral health practitioners to provide cessation counseling to patients on MassHealth as recommended by the CDC.  The MassHealth smoking cessation benefit was a huge success when it was introduced in Fiscal Year 2007, but certain providers, including dentists and behavioral health providers, were not included.  Closing the loophole would enable certified professionals in these fields to counsel, and bill for, tobacco cessation for their MassHealth patients.

Increase the cigarette and cigar tax.  Senator Harriette Chandler and Representative Marjorie Decker filed An Act protecting youth from nicotine addiction (Senate Bill 1809 and House Bill 2870, respectively). The bills were referred to the Joint Committee on Revenue on March 29, 2021. This legislation would increase the tax on cigarettes by $1.00, bringing it to a more reasonable $4.51, and increase the tax on cigars from 40% of wholesale to 80% of wholesale. Increasing the price of cigars and cigarettes is one of the most effective ways to help smokers quit and prevent young people from starting. History and evidence show that this will reduce the smoking rate, saving some of the more than $4 billion in health care costs annually attributed to tobacco use in Massachusetts.

 

An Act Modernizing Tobacco Control

Governor Baker signed An Act Modernizing Tobacco Control into law on November 27, 2019, and all provisions of the law were in effect by June 2020. The bill passed the Senate on November 20, 2019 with a vote of 32-6 and passed the House on November 13 with a vote of 127-31. Overwhelming majorities!  This new law bans the sale of all flavored tobacco products, adds a 75% excise tax for e-cigarettes and vape products, requires full coverage of tobacco cessation medicine and counseling, and more!  Amendments that would exempt menthol tobacco products were rejected or withdrawn, so the law remains strong.

Read TFM’s statement on the end of menthol sales in Massachusetts.

Here’s what the new law does:

  • Bans the sale of ALL flavored tobacco products, including e-cigarettes, menthol cigarettes and chewing tobacco.
  • Adds an excise tax of 75% of wholesale on e-cigarettes, bringing parity with cigarettes in the state. The tax applies to devices as well.
  • Requires private insurers, the Group Insurance Commission, and MassHealth to provide coverage for tobacco use cessation counseling and all generic FDA approved tobacco cessation products with at least one product available with no out of pocket costs.
  • Restricts the sale of vapes/e-cigarettes with nicotine content greater than 35 mg per ml to adult only retail tobacco stores and smoking bars.
  • Increases the retailer fine for sales to minors from $100, $200 and $300 for first, second and third violations respectively to $1,000, $2,000 and $5,000.
  • Adds a penalty for retailers who have their vape/e-cigarette or tobacco license suspended or revoked for selling untaxed products requiring the state lottery director to suspend their license to sell lottery tickets or shares issued to the retailer.
  • Effective date for flavored vape/e-cigarette ban, increased retailer fines for sales to minors is immediately upon passage; insurance mandates go into effect January 1, 2020.
  • Effective date for flavored tobacco ban is June 1, 2020

See how Representatives voted on HB 4183, An Act to Modernize Tobacco Control — Download the roll call vote!

—–

Current Massachusetts laws specific to tobacco can be found on Mass.gov.