Massachusetts General Laws
Mass. Gen. Laws ch. 41, § 101A (2026)
Police officers or firefighters; tobacco smoking
✓ current as of July 2026
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Section 101A. Subsequent to January first, nineteen hundred and eighty-eight, no person who smokes any tobacco product shall be eligible for appointment as a police officer or firefighter in a city or town and no person so appointed after said date shall continue in such office or position if such person thereafter smokes any tobacco products; provided, however, that prior to the termination of a police officer or firefighter for a violation of this section, the police officer or firefighter shall be provided with an opportunity to enter a smoking cessation program; provided further, that a subsequent violation may be cause for dismissal. The personnel administrator shall promulgate regulations for the implementation of this section.
Notes of Decisions
Cited in 3
cases, 1997–2009 · leading case: Howcroft v. City of Peabody, 747 N.E.2d 729 (Mass. App. Ct. 2001).
Howcroft v. City of Peabody, 747 N.E.2d 729 (Mass. App. Ct. 2001). “” G. L. c. 41, § 101A, inserted by St. 1987, c.”
Town of Plymouth v. Civil Serv. Comm'n, 13 I.E.R. Cas. (BNA) 650 (Mass. 1997). “Rossborough was terminated from her position as a police officer with the town of Plymouth (town) on July 30, 1993, because she smoked tobacco in violation of G. L. c. 41, § 101A. 2 Rossborough appealed to the Civil Service Commission (commission) which held a hearing pursuant…”
Plummer v. Town of Somerset, 601 F. Supp. 2d 358 (D. Mass. 2009). “See Mass. Gen. Laws ch. 41, § 101A. Plummer was ordered not to dis *361 cuss the charges with anyone other than his union representative and his attorney.”
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