Every year, the state’s Governor signs into law new legislation. Much of the new laws do not necessarily affect most Massachusetts residents, but whether you are an individual, business owner or government worker, it is important to be aware of what is coming into force every year in case it does affect you, your business or workplace. This article provides an overview of six new laws that come into effect in 2026.
Six new laws legislated this year
The six new pieces of legislation are not interconnected and are quite varied in nature. They include the following:
- expanded legal protection for women seeking abortions;
- certification now required for operators of motorized water craft;
- cannabis products will now be legally available for consumption in licensed cafes and bars;
- increased penalties imposed against anyone assaulting a public employee, including spitting at them;
- health care insurers now to provide health insurance cover for treatment for Down Syndrome patients;
- expanded, more detailed categories to be used by agencies that currently obtain data on race and ethnicity.
More detail about these new laws are given separately below.
Expanded legal protection for women seeking abortions
This new legislation, which came into effect on January 1st this year, was passed in response to the ongoing attacks on the right to abortion and provision of gender affirming treatment by the Trump administration. It is in effect a shield law that protects providers of abortion and transgender care and those that seek it.
The law now ensures that abortion can be provided in any medically necessary emergency. The identity of providers of abortion or transgender care as well as those people who receive it will be protected.
Courts will no longer be able to consider cases of maltreatment, neglect or abuse when dealing with parents who support their children receiving gender-affirming treatment.
The Hanson-Milone Boater Safety Act
New legislation comes into effect on April 1, this year which requires operators of motorized boats to be certified.
The legislation, signed into law in January last year, is known as the Hanson-Milone Boater Safety Act. It requires all eligible operators of motorized boats to go through a boat safety course and pass a test before being able to operate a boat. Successful test takers will receive a boat safety certificate allowing them to operate a boat.
The new legislation only affects boat operators born after Jan 1, 1989 and comes into effect on April 1, 2026. There will be a lag time before any non compliance with the legislation will incur penalties. Sept 1, 2026 will be the date from which certification will be required.
Legally available cannabis products in cafes and bars
The on-site consumption of cannabis products became legal in licensed “cannabis cafes” from Jan 2, this year. This change in the marijuana laws will bring the consumption and purchase of marijuana products into a similar status as the consumption and purchase of alcoholic products.
This change in the cannabis laws had been originally envisaged back in 2016, the initial legislation, but not put into effect immediately. It is not expected that social consumption of marijuana in cafes and similar recreational facilities will realistically become available for at least another year.
The new legislation extends the legal provision of cannabis products to temporary events as well as personal consumption on site.
Greater legal protection for public employees against attempted assault
New legislation extends protection from assault and battery to transit workers and expands the definition of assault and battery to include the use of any bodily substance projected onto such workers. Bodily substances include urine, feces, semen and saliva. This means that offenders who spit on transit and other public workers, for example, will face more serious penalties than in the past.
After March 3, this year, convictions obtained of such offenders could mean a fine of between $500 and $5,000 as well as potential incarceration for a time period of between 90 days up to a maximum of 2.5 years. Jail or prison time, in combination with a fine, will also be considered possible penaties.
Health care insurance provisions for Down Syndrome treatment
Health care insurers will now be required to provide insurance cover for treatment for Down Syndrome related health care problems. These include, for example, insurance cover for treatment for occupational, physical and speech therapy as well as applied behavior analysis services.
The new legislation came into effect on Jan 1, this year.
Expanded data categories for race and ethnicity
State agencies that typically collect information about race and ethnicity are now required to expand the categories used. For example, rather than just use the category “black” they will be required to be more specific about black resident with varied ethnic origins such as Haitian, African, Cape Verdean or Caribbean origins.
Asian Americans are also expected to be categorized more specifically, such as Chinese, Japanese, Indonesian, Filipino, Indian, Pakistani, etc.
Individual residents providing information about their race or ethnicity will be able to choose the category, or more than one categories which they identify with.
Insurance implications of new legislation
The 2026 laws that have already or are to come into effect may have insurance implications which could affect you or your business.
For example, your boat insurance may be affected by certification requirements. If you have a boating accident while operating it without certification or your boat is operated by an uncertified operator, this could affect your liability. It is likely that the new boating safety rules will be taken into consideration by insurance providers providing boat accident insurance cover.
If you are considering taking advantage of the new cannabis café legislation by opening a cannabis café, you may need to understand how the product on offer may change insurance cover for your business compared to operating any other type of café.
Cannabis café insurance will depend, for example, on the exact way the business operates and local licensing rules.
For more information, visit our website or contact us for a free initial legal consultation today.