Disclaimer: This information is for informational purposes only and is not legal advice. Consult your attorney before relying on any legal or tax details provided.
Q: Are Vape Vending Machines Legal?
A: Vape vending machines are legal in many areas but are subject to strict Federal, State, and Local regulations to ensure compliance, particularly around age verification and product accessibility. Here’s a breakdown of the legal landscape surrounding vape vending machines in the United States and the sale of nicotine-containing products in unattended smart kiosks.
Federal Regulations for Vape Vending Machines
At the federal level, vape vending machines fall under the jurisdiction of the Family Smoking Prevention and Tobacco Control Act and related FDA regulations. These laws classify e-cigarettes and vape products as tobacco products, making them subject to rules aimed at preventing underage sales. Specifically, federal law prohibits the sale of tobacco and vape products to anyone under 21.
Under federal law, specific restrictions apply to selling tobacco products, including nicotine items, via vending machines to prevent youth access. The Family Smoking Prevention and Tobacco Control Act, managed by the FDA, mandates that cigarettes, smokeless tobacco, and similar products cannot be sold in vending machines in any establishment where people under 21 might be present.
In practice, this means these vending machines can only be set up in locations restricted to adults over 21. Retailers must also check IDs for customers under 30 to verify age.
Additionally, state and local governments may have stricter rules than federal regulations, so retailers need to comply with both sets of rules to ensure they meet all legal standards
State-by-State Vape Machine Laws and Licensing Requirements
Explore comprehensive legal information on e-cigarette vending for 2024. This guide provides a detailed overview of vape vending regulations for all 50 states, including restrictions, display limitations, excise nicotine taxes , employee requirements, and licensing rules. Stay informed and ensure compliance with our go-to resource for vape vending machine laws across the U.S.
| State | Important Restrictions | Limitations on Displays and Employee Requirements | Do You Need a Permit to Sell E-Cigarettes? |
| Alabama | Must ID all customers buying “alternative nicotine products” | An employee over 21 years old must be present for anyone under 21 to sell to customers ( Section 28-11-13(a) ) | No |
| Alaska | Must ID all customers | Shop premises must be restricted to 19+ ( Section 11-76-106 ) or e-cig sales must be supervised in a bar, vending machine, or club ( Section 11-76-109(d) ) | Yes – Section 43.70.075(a) |
| Arizona | Must ID all customers | None | No |
| Arkansas | Retailers need permitsPermits required for vending machine salesMust ID all customers | An employee must supervise all sales unless the customer is using a self-service machine in a 21+ business ( Section 5-27-227(g-h) ) | Yes – Section 26-57-214 through 215(b) |
| California | Products taxed at $0.100 per e-cigarette ( Section 30130.51(b) )Must ID all customers | No self-service machine sales allowed ( Section 22962(b)(1)(A) ) with a few exceptions. All displays must be 15 feet inside a bar entrance ( Section 22960(b)(1) ). | Yes – Sections 22972 and 22975(a) |
| Colorado | Must ID all customers | No vending machine sales allowed ( Section 44-7-103(2) ) | No |
| Connecticut | Must ID all customers | Self-service machines only allowed in adult-only facilities ( Section 21a-416(b) ) | Yes – Section 21a-415(a) |
| Delaware | License required to sell e-liquid, but not to sell vaping devicesCannot advertise online to minors ( Section 6-1204C(e) )Products taxed at $0.05 cents per fluid/ml (Section 30-5305(c)(2) )Must ID all customers | Self-service and vending machines only allowed in 18+ businesses ( Section 11-1119 ) | Yes – Section 30-5301(15) |
| District of Columbia | Taxed the same as cigarette packs ( Section 47-2402.01(a)(1)(C) )Must ID all customers | Self-service machines allowed only in specialty tobacco stores ( Section 7-1721.04(a-b) ) and vending machine sales only allowed in 21+ businesses with liquor licenses ( Section 7-1721.04(b)(1) ) | Yes – Section 47-2404(a) |
| Florida | Must ID all customers | Self-service devices allowed only in 18+ businesses unless vending machines have a lock controlled by the store ( Section 877.112(11-12) ) | No |
| Georgia | Cannot hand out product or samples within 500 feet of schools or playgrounds ( Section 16-12-174 )Must ID all customers | Vending machines allowed in locations not accessible by anyone under 18 years old. Exception for machines under employee supervision or at highway rest areas ( Section 16-12-173(e)(1) ). | No |
| Hawaii | Samples banned within 1,000 feet of schools ( Section 328J-17(a) )Purchase requires an ID even if using a mail order delivery service ( Section 245-17(b )) | Face-to-face sales required. No vending machine or self-service devices allowed except for duty-free shops or adult-only tobacco businesses ( Section 328J-18 ). | Yes – Section 28-164 |
| Idaho | Limitations for employees at businesses that sell e-cigarettes or vaping productsMail services must provide a statement that shipping to anyone under 18 is illegal ( Section 39-5717A )Must ID all customers | Employees under 18 are only allowed to stock shelves and carry a customer’s purchase to their vehicle ( Section 39-5703(1-2, 5) ). Vending machines only allowed in 18+ businesses ( Section 39-5706 ). | No |
| Illinois | Remote sales require age verification from a third party ( Section 720-675/1.5(C)(2) )Must ID all customers | Self-service machines allowed in adult-only businesses ( Section 720-677/10 ) | No |
| Indiana | Cannot advertise the product as a “modified risk” ( Section 7.1-7-5-1.1(i) )Mail delivery must carry an 18+ warning ( Section 7.1-7-5.5-5 ), use good faith efforts to establish legal age, and be prepaid by customer (Section 7.1-7-5.5-3 )Must ID all customers | Self-service and vending machines allowed in 18+ businesses only ( Section 35-46-1-11.8 and 35-46-1-11.5(c) ) | No |
| Iowa | Cannot distribute products within 500 feet of minors ( Section 453A.39(2)(b) )Mail-order shipments require an 18+ ID and signature upon delivery ( Section 453A.47B(2) )Must ID all customers | Self-service or vending machines only allowed in 18+ businesses ( Sections 453A.36A(1 ) and 453A.36(6) ) | Yes – Sections 453A.47A(1) , 453A.13(1) and 453A.36(7)(a) |
| Kansas | Retailers and vending machine sales need a permitLiquid refills are taxed at $0.05/ml ( Section 79-3399(a) )Must ID all customers | Self-service machines must be in 18+ businesses or have a lock-out device ( Section 79-3321(t) and(u) ) | Yes – Section 79-3303(a) |
| Kentucky | Must ID all customers | Any vending machines must be in 18+ businesses or within the employee’s line of sight ( Section 438.315(3) ) | No |
| Louisiana | Taxed at $0.05/ml of nicotine liquid or any nicotine material ( Section 47:841(F) )Must ID all customers | Self-service machines only allowed in tobacco shops or age-restricted areas ( Sections 26:910 and 26:910.1 ) | Yes – Section 26:902(1) |
| Maine | Must ID all customersAnyone age 18 as of July 1, 2018, is “grandfathered in” to the legal vaping age of 18 | Must be 17 years old to sell products as an employee. If under age 21 there must be a supervisor who is 21 years old ( Section 22-1555-B(1) ).Self-service displays must be bulk packages of 10 or more products in specialty tobacco shops or in 21+ locations ( Section 22-1555-B(11) ). Vending machines must be in 21+ locations only ( Section 22-1553-A(1)(C) ). | Yes – Section 22-1151-A(1) |
| Maryland | License required for shipping, importing, or selling e-cigarettes or vaping devicesMust ID all customers | N/A | Yes – Sections 16.7-201 , 16.7-211(a) , and 16.7-213(a) |
| Massachusetts | Handing out free samples prohibited except in tobacco shops and smoking bars ( Section 270-6(c) )Banned from selling on health care building property ( Section 112-61A )Mail-order service requires 21+ ID and signature ( Sections 940-21.04(1)(c), (4)(a) )Must ID all customers | Self-service and vending machines only allowed in adult-only businesses ( Section 940-21.04(2), (4) ) | No |
| Michigan | Must ID all customers for tobacco products – laws in development for age restrictions for vaping | N/A | No |
| Minnesota | Town boards may license devices — if they do not, the county board can license and regulate e-cigarette devices ( Section 461.12(1) )Must ID all customers | Banned from kiosk sales ( Section 461.21 ) and self-service machines must be in adults-only, tobacco-only businesses. Vending machines banned aside from 18+ businesses ( Section 461.18 ). | Yes – Section 461.12(1) |
| Mississippi | All internet sales of products require a third-party age verification ( Section 97-32-51(3)(b) )Must ID all customers | N/A | No |
| Missouri | Must ID all customers | Vending machines allowed in 18+ businesses or in machines with lock-out devices or under clear supervision of an 18+ employee ( Section 407.931.2 ) | Yes – Section 407.934.1 |
| Montana | Must ID all customers | Vending machines allowed in bars with line-of-sight from supervisor ( Section 16-11-306(1) ) | Yes – Section 16-11-303(1) |
| Nebraska | Must ID all customers | Vending machines only allowed in 18+ businesses ( Section 28-1429.02 ) and self-service machines only allowed in tobacco stores or cigar bars ( Section 28-1429.03 ) | No |
| Nevada | Must ID all customers | N/A | No |
| New Hampshire | Must ID all customers | N/A | No |
| New Jersey | Taxed at $0.10/fluid ml and a proportionate rate of fractional fluid ml ( Section 54:40B-3.2(a) )Must ID all customers | N/A | No |
| New Mexico | Must ID all customers | Self-service displays banned ( Section 30-49-7(A) ) and vending machines restricted to 18+ businesses ( Section 30-49-7(b) ) | No |
| New York | Must ID all customers | Self-service displays allowed in adult-only businesses ( Section 1399-cc(7) ). Vending machines allowed in 18+ businesses or businesses with few employees under 18 with products not accessible to the public. Must be supervised by the manager ( Section 1399-dd ). | No |
| North Carolina | Internet purchases require age verification from third parties ( Section 14-313(b2) )Must ID all customersTaxed at $0.05/fluid ml per product ( Section 105-113.35(a1) ) | Vending machines must be inaccessible to anyone under 18 ( Section 14-313(b1) ) | No |
| North Dakota | Online sales and mail orders require an 18+ ID and signature at delivery ( Section 51-32-01(2) )Must ID all customers | Self-service and vending machines must be inaccessible to minors or be controlled by the store at all time ( Section 12.1-31-03(1)(b) ) and 12.1-31-03.1(1-2) ) | No |
| Ohio | Product quantity sold must be equal to the manufacturer’s container, i.e., a pack of five must be sold as five even if the original packing is removed ( Section 2927.02(B)(5) )Must ID all customers | Vending machines allowed in 18+ businesses or under the supervision of the owner ( Section 2927.02(C) ) | No |
| Oklahoma | Cannot supply free samples within 300 feet of children at a school, park, playground, or anywhere “primarily used” by children ( Section 63-1-229.18(A-B) )Must ID all customers | Vending machines must be in 18+ businesses and self-service displays must be in adult-only businesses ( Section 63-1-229.17-.21(A) ) | No |
| Oregon | Must ID all customers | Self-service displays allowed only in 21+ businesses ( Section 167.765 ) and vending machines allowed only in 21+ businesses ( Section 167.780(2) ). All sales banned at marijuana dispensaries ( Section 333-008-1200(11) ). | No |
| Pennsylvania | Taxed at 40% of the purchase price ( Section 72-8202-A(a.1) )Products must be unaltered in the manufacturer’s original packaging to be legally sold ( Section 72-8233-A )Must ID all customers | N/A | Yes – Section 72-8220-A(a) |
| Rhode Island | Coupons or free product samples banned within 500 feet of a school ( Section 11-9-13.10 )Can only sell unaltered, factory-wrapped packaging for pens and devices ( Section 11-9-13.8(2) )Must ID all customers | Vending machines must be in 21+ business or locked in supervised areas ( Section 11-9-13.1(A) ) | Yes – Section 23-1-56(a) |
| South Carolina | Internet sales need third-party verification of customer age ( Section 16-17-500(C) )Must ID all customers | Vending machines sales must be locked, controlled by the shop owners, and not accessible to anyone under 18 ( Section 16-17-500(D) ) | No |
| South Dakota | Cannot give out free products or samples within 500 feet of schools, playgrounds, parks, or child-focused facilities ( Section 34-46-2(7) )To sell, products must be in original packaging from the manufacturer ( Section 34-46-21 )Must ID all customers | Self-service displays only allowed in 18+ areas of shops ( Section 34-46-2(5) ) and 34-46-21 ) | No |
| Tennessee | Free samples and products banned from distribution on public sidewalks, parks, and streets ( Section 39-17-1504(c) )Mail sales require a statement that the customer is 18+ ( Section 39-17-1504(d) )Must ID all customers | Minor employees must be supervised by a 21+ employee ( Section 39-17-1505(f) ) | No |
| Texas | 18+ ID required for mail or internet orders and seller must verify age during purchase and again during delivery ( Section 161.452 )Must ID all customersRetailers must register with the state of Texas and file information about customer or store with the comptroller ( Section 161.452(b) )Notice must be given about the ban on selling e-cigs to minors ( Section 161.452(c) ) | Vending machines or self-service displays only allowed in 18+ business areas ( Section 161.086 ) | Yes – Section 161.456 |
| Utah | Sales must be face to face unless from a specialty tobacco shopMust ID all customersAll sales must be from a 19+ restricted area of the business ( Section 76-10-105.1(2-3) ) that is 1,000 feet away from “community locations” and 600 feet from other tobacco shops and agriculture or residential zoned areas ( Sections 17-50-333(4)(a ) and 10-8-41.6(4)(a) )Samples banned unless given to adults at a professional convention or with the purchase of another product ( Section 76-10-111 ) | Vending machines or self-service displays must be in 19+ restricted areas ( Section 76-10-105.1(2-3) ) in tobacco specialty shops | Yes – Sellers ( Section 59-14-803(1) ) and retailers ( Sections 26-62-201 , 17-50-333(3)(a) and 10-8-41.6(3)(a)) |
| Vermont | Must ID all customers | Employees must be 16 years old to sell tobacco substitutes ( Section 1002(f) ). Self-service displays banned except for areas restricted to 18+ adults ( Section 1003(c)(2) ). | Yes – Section 1002(a) |
| Virginia | Mail or internet orders must verify that the customer is over 21 years old, unless they are 18 years old on active military duty, and require a signature during delivery ( Section 18.2-371.2(C-D) )Must ID all customers | Vending machines must be in 21+ restricted areas of a business or shop ( Section 18.2-371.2(A) ) | No |
| Washington | Samples banned at most colleges and universities ( Section 478-136-035 )Nicotine product samples can be given out only with the customer’s consent and a disposable mouthpiece. The sampling team or employees must verify the customer is over 18 years old ( Section 70.345.100 ).Device samples can only be free if a device was also bought ( Section 70.345.110 )Online or mail sales must verify the customer’s age through a third-party database and a credit card in the same customer’s name ( Section 70.345.090(1-7) )Vaping or e-cigarette advertising banned on certain college campuses ( Sections 172-122-310(3) , 504-37-020(5),(7) and 504-38-020(6),(8) )Must ID all customers | Self-service displays allowed in 18+ businesses only ( Section 70.345.080 ) | Yes – Section 70.345.030(1)(a) |
| West Virginia | Must ID all customersE-cigarette liquid products taxed at $0.075/ml ( Section 11-17-4b(b)(1) ) | Vending machines restricted to 18+ areas of businesses ( Section 16-9A-8 ) | No |
| Wisconsin | Must ID all customers | All samples of products restricted to 18+ areas of businesses ( Section 134.66(2)(am) ) | No |
| Wyoming | Must ID all customers | Self-service and vending machines restricted to 18+ locations ( Section 14-3-303(b) ) | No |
In 2024, VapeTM remains at the forefront of the vaping industry, offering unmatched expertise in tax compliance and regulatory insight. This guide explores the nuances of vaping taxes across the United States, shedding light on how various tax structures affect consumers, businesses, public health, and the broader industry. As taxes on vaping products continue to rise in both rate and prevalence, understanding these laws and regulations is critical for any business aiming to thrive in this growing market.
Understanding Vaping Taxes: Types, Rates, and State-Specific Variations
As of mid-2024, 32 states and the District of Columbia have enacted excise taxes on vaping products. Below, VapeTM delves into two primary tax models to help you navigate this complex landscape.
Ad Valorem Taxes
- Levied as a percentage of the wholesale or retail price, these taxes can substantially affect consumer costs.
- Example: Minnesota’s wholesale tax stands at 95%, followed by Vermont at 92%, making them two of the highest-taxed states for vaping products.
Volume-Based Taxes (Ad Quantum)
- Calculated per unit or milliliter, commonly applied to each cartridge or milliliter of vape liquid.
- Example: Connecticut charges $0.40 per mL for closed-system vapes—the nation’s highest rate—while Delaware and Kansas impose a lower rate of $0.05 per mL.
Vaping Tax Impact on Consumer Behavior and Public Health
High excise taxes on vaping products can deter smokers from transitioning to e-cigarettes, which many experts consider less harmful than traditional tobacco. For instance, studies suggest that Minnesota’s 95% wholesale tax prevented over 32,400 smokers from switching to vaping, revealing the potential unintended public health consequences of steep tax policies.
State-by-State Vaping Tax Guide for 2024
Staying aware of state-specific vaping tax rates is vital for any business focusing on regulatory compliance and cost efficiency. Below is a detailed overview of excise taxes for disposable vapes, which is especially important for those looking to resell in vape vending machines by November 2024.
Comprehensive State-by-State Excise Tax for Disposable Vapes (November 2024)
For the full list of updated tax rates and regulations, visit our State-by-State Tax on Vapor Products page .