Attempted Murder

2025-2026 Regular Session Introduced by Brian Adams and 6 co-sponsors

Creates a narrow exemption allowing licensed hookah retailers to sell shisha tobacco under strict age, storage, ID, and recordkeeping rules, with $500 fines and DPH rulemaking.

Scrivener's error corrected

Purpose

S 270 creates a narrowly drawn exemption allowing licensed "hookah tobacco retailers" in the Commonwealth to sell shisha (waterpipe) tobacco products notwithstanding provisions of Chapter 133 of the Acts of 2019, provided the retailer meets specified operational, age‑verification, storage, and recordkeeping requirements. The bill also directs the Department of Public Health (DPH) to promulgate implementing regulations.

Key provisions

Definitions (Section 1)

"Hookah": waterpipe apparatus used to smoke shisha; components may include heads, stems, bowls, hoses.
"Shisha Tobacco Product": tobacco intended for smoking in a hookah (also referred to as hookah tobacco, waterpipe tobacco, maasel, narghile, argileh).

Exemption (Section 2)

Chapter 133 of the Acts of 2019 shall not apply to sales of shisha tobacco by a hookah tobacco retailer if all of the following are met:
Retailer holds a valid Massachusetts tobacco‑product sales license.
No sale of shisha or hookah products to any person under 21 years of age.
Hookah tobacco products are stored in a locked case accessible only to store personnel over age 21.
Each transaction requires presentation of valid ID (Massachusetts or other U.S. state/territory ID or a U.S.‑recognized passport).
Each transaction is recorded in a manner prescribed by the Department of Public Health.
Retailer complies with all applicable state and federal tobacco laws.

Penalty (Section 3)

Violation by a retailer, agent, or employee is an infraction punishable by a $500 fine per violation.

Rulemaking (Section 4)

DPH must promulgate rules and regulations to implement the act.

Who is affected

Hookah/shisha tobacco retailers in Massachusetts (small businesses and specialty shops).

Consumers of hookah tobacco (including age‑restricted access protections).

State and local public health and enforcement agencies (tasked with oversight, recordkeeping standards, and enforcement).

DPH (charged with rulemaking and prescribing transaction recording methods).

Procedural status and timeline

Introduced in the Senate: 2025-01-28.

Referred to committee(s): environmental conservation (noted), and earlier to Consumer Protection and Professional Licensure in the bill text history.

Hearing scheduled: 10/20/2025 (per provided docket).

If enacted, DPH must adopt regulations to operationalize transaction recording and other administrative details.

Potential impacts / considerations

Preserves a pathway for licensed hookah retailers to sell shisha while imposing age checks, physical security, and recordkeeping.

Creates ongoing compliance and recordkeeping requirements for small retailers and an enforcement mechanism (fine of $500 per violation).

Public health stakeholders may evaluate whether the exemption affects youth access or tobacco use trends; regulators will need to specify recording standards and enforcement procedures.

Bill