AMHERST — Boards of Health in Amherst and Leverett are adopting the Nicotine Free Generation policy, meaning that no one who hasn’t turned 21 years old by Jan. 1, 2026 would ever be able to legally purchase cigarettes, vapes or other tobacco products in those communities.
In a 4-0 vote Thursday, the Amherst Board of Health amended its “Restricting the Sale of Tobacco and Nicotine Products” to include the provision, which goes into effect on Jan. 1, though enforcement of the rule won’t begin until July 1.
Amherst’s vote came three days after the Leverett Board of Health passed its own Nicotine Free Generation rule that begins in the new year, with enforcement likely to start Feb. 1.
While the unanimous vote in Amherst made it the 20th community across the state to have the regulation, there was some skepticism among members about its effectiveness in reducing tobacco use, even though Amherst has often been at the forefront of policy changes, such as increasing the age of sale to 21 before the state did, and prohibiting smoking in bars.
For Chairwoman Risha Hess, the importance of the policy is that it could spur change across Massachusetts.
“I think the most motivating aspect for myself is supporting other towns and trying to make this something the state takes a look at,” Hess said.
Board member Betsy Brooks said she would vote reluctantly in favor, cautious only because trust in public health is declining, such as with growing vaccine skepticism.
“I’m very concerned about backlash against overreach,” Brooks said
Brooks also wondered if the regulation would max out at a certain age, with the rule no longer being effective once people are in their mid 20s.
“On the whole I’m in agreement with the move,” Brooks said.
Amherst is the fourth Hampshire County to enact the regulation, joining Belchertown, Pelham and South Hadley. Leverett joins Conway in enacting the regulation in Franklin County.
While the Leverett Village Co-op is the only place in Leverett where tobacco is available, Amherst has 14 stores with tobacco licenses.
The health board is likely to impose fines of $300, $600 and $1,000 for first, second and third violations, with the second violation triggering a seven-day license suspension and the third violation a 30-day suspension.
Belchertown is the only community imposing a $1,000 fine on the first violation, with its regulations prohibiting sales to anyone not born before Jan. 1, 2004.
Amherst Health Board member Jack Jemsek said that his concern is people finding a black market workaround
“To me, it just seems like it’s feeding this black market,” Jemsek said, comparing it to alcohol prohibition.
But in the end he understood the benefits.
“We’re trying to get healthy as a community and a nation,” Jemsek said.
Health Director Kiko Malin said the regulation shouldn’t be seen as a prohibition, because people who are over 21 as of the new year won’t face any new restrictions.
In addition to a black market, Hess said she worries about pushing people online, where there is less regulation at this time.
Public comment on the regulation, which came with oral feedback at a hearing in October and written feedback, had already closed, but Peter Brennan, executive director of the New England Convenience Stores and Energy Marketers Association, was critical of the process that prevented people from having a say beyond the October in-person meeting.
“I think it’s a foolish policy and I think that a city like Amherst, that attracts so many young adults could get a bad reputation in the minds of those looking to go there for school if it’s seen as a hyperactive, nanny government that will not allow adults to purchase nicotine products,” Brennan said.