Vape Vending Laws State by State
50-State Statute Reference
Verbatim statutory text for every jurisdiction. Direct links to Justia and official .gov legislative databases.
Verbatim Statutory Text
Vape and Nicotine Pouch
Vending Machine Statutes
State-by-state and federal statutory text governing vending machine sales of e-cigarettes, vapor products, electronic nicotine delivery systems, and alternative nicotine products.
51 Jurisdictions
50 States plus Federal
Verbatim Statutes Only
Updated May 2026
| State | Statute (Verbatim) | Source |
|---|---|---|
| Federal | 21 U.S.C. § 321(rr)(1) (definition): "The term 'tobacco product' means any product made or derived from tobacco, or containing nicotine from any source, that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product)." 21 C.F.R. § 1140.16(c) (vending machine restriction): "(c) Vending machines, self-service displays, mail-order sales, and other 'impersonal' modes of sale. (1) Except as otherwise provided under this section, a retailer may sell cigarettes and smokeless tobacco only in a direct, face-to-face exchange between the retailer and the consumer. Examples of methods of sale that are not permitted include vending machines and self-service displays. (2) Exceptions. The following methods of sale are permitted: (i) Mail-order sales, excluding mail-order redemption of coupons and distribution of free samples through the mail; and (ii) Vending machines (including vending machines that sell packaged, single cigarettes) and self-service displays that are located in facilities where the retailer ensures that no person younger than 21 years of age is present, or permitted to enter, at any time." Pub. L. 116-94, § 603 (Further Consolidated Appropriations Act, 2020): "It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age." | |
| Alabama | Ala. Code § 28-11-6.1 (as amended by Act 2025-403, eff. June 1, 2025): "(a) No tobacco, tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system shall be distributed by use of a vending machine unless the machine: (1) Is located in an area in which individuals under the age of 21 years are not permitted access; or (2) Dispenses tobacco, tobacco products, alternative nicotine products, or electronic nicotine delivery systems through the operation of a device that requires the tobacco permit holder or an employee of the permit holder to control the distribution of the product. (b) No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be distributed at retail by use of a vending machine if placed together with any non-tobacco product or non-nicotine product, other than matches, in the machine." | |
| Alaska | Alaska Stat. § 11.81.900(b)(23) (definition): "'Electronic smoking product' means any product containing or delivering nicotine or any other substance intended for human consumption through inhalation of vapor or aerosol, of any size or shape, whether manufactured as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other product name; or a component, solution, alternative tobacco product, e-liquid, e-juice, vapor product, flavoring, or other related product." Alaska Stat. § 11.76.109(a)(3): "A person commits the offense of selling or giving an electronic smoking product or a product containing nicotine to a minor if the person... (3) maintains a vending machine that dispenses electronic smoking products or products containing nicotine." Alaska Stat. § 11.76.109(d): "...a person who maintains a vending machine is not in violation of (a)(3) if the vending machine is located (1) on premises licensed as a beverage dispensary, club, or package store; and (A) as far as practicable from the primary entrance; and (B) in a place that is directly and continually supervised by a person employed on the licensed premises during the hours the vending machine is accessible to the public; or (2) in an employee break room... with a posted warning sign at least 11 inches by 8.5 inches." Alaska Stat. § 11.76.107: "Failure to supervise a vending machine is a violation punishable by a fine of not less than $300." Alaska Stat. § 43.70.075(a): "A person may not sell or allow a vending machine to sell tobacco products, electronic smoking products, or products containing nicotine without a business license endorsement for each location." | |
| Arizona | A.R.S. § 36-798.02: "A. A person shall not sell tobacco products through a vending machine unless the vending machine is located in either: 1. An establishment that is open only to persons who are twenty-one years of age or older; or 2. An employee lounge area that is not open to the public and the business in which the lounge area is located does not employ minors. B. A sign measuring at least eighty square inches shall be obviously affixed to the front of each vending machine. The sign shall state in block letters that it is illegal for a person who is under twenty-one years of age to purchase cigarettes or tobacco products and, on conviction, a fine of up to $300 may be imposed. C. This article does not invalidate or prohibit adoption of an ordinance by a county, city or town to further restrict the location of vending machines or other means of sale of tobacco products. D. A person who violates this section is guilty of a petty offense." | |
| Arkansas | Ark. Code Ann. § 5-27-227(h): "(h)(1)(A) Except as provided in subdivision (h)(2) of this section, it is unlawful for any person who owns or leases a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine to place a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine in a public place. (B) As used in this subsection, 'public place' means a publicly or privately owned place to which the public or a substantial number of people have access. (2) A tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine may be placed in a: (A) Restricted area within a factory, business, office, or other structure to which a member of the general public is not given access; (B) Premises that have been issued a permit by the Alcoholic Beverage Control Division for the on-premises consumption of alcoholic beverages and that restrict entry to persons who are twenty-one (21) years of age or older; or (C) Place where the vending machine is under the supervision of the owner or an employee of the owner." Ark. Code Ann. § 5-27-227(e): "It is unlawful for any person who owns or leases a tobacco product, vapor product, alternative nicotine product, or e-liquid product vending machine to fail to display on the vending machine in plain view a notice indicating that the sale of tobacco products, vapor products, alternative nicotine products, or e-liquid products to a minor is prohibited by law." | |
| California | Cal. Bus. & Prof. Code § 22960: "(a) Except as provided in subdivision (b), no cigarettes or tobacco products shall be sold, offered for sale, or distributed from a vending machine or appliance, or any other coin or token operated mechanical device designed or used for vending purposes. (b)(1) Cigarettes or tobacco products may be sold, offered for sale, or distributed by a vending machine or appliance, or other coin or token operated mechanical device only at a premises licensed under the Alcoholic Beverage Control Act for on-sale public premises liquor license. The vending machine, appliance, or other coin or token operated mechanical device shall be located at least 15 feet away from the entrance to the premises. (2) For purposes of this subdivision, 'at least 15 feet away from the entrance' means within the premises and not outside those premises. (c) This section sets forth minimum state restrictions on the sale of cigarettes and tobacco products through vending machines or other appliances, and does not preempt or otherwise prohibit the adoption of a local standard that imposes further restrictions on the sale of cigarettes and tobacco products through vending machines or other appliances, including a complete ban on the sale of cigarettes and tobacco products through vending machines or other appliances. A local standard that imposes further restrictions on the sale of cigarettes and tobacco products through vending machines or other appliances shall control in the event of any inconsistency between this section and a local standard." Cal. Health & Safety Code § 104559.5(a)(13): "A tobacco retailer or any of the retailer's agents or employees shall not sell, offer for sale, or possess with the intent to sell or offer for sale a flavored tobacco product or a tobacco product flavor enhancer, including by means of any vending machine, vehicle, mobile unit, booth, stand, or concession that conducts in-person sales of tobacco products directly to the public." | |
| Colorado | Colo. Rev. Stat. § 44-7-103(2): "A retailer shall not sell or offer to sell any cigarettes, tobacco products, or nicotine products by use of a vending machine or other coin-operated machine; except that cigarettes may be sold at retail through vending machines only in an age-restricted area of a licensed gaming establishment, as defined in section 44-30-103(18)." Colo. Rev. Stat. § 44-7-103(3): "Each retailer that uses a vending machine or other coin-operated machine to sell cigarettes shall affix to the machine a clearly visible notice stating: IT IS ILLEGAL TO SELL CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS TO ANY PERSON UNDER TWENTY-ONE YEARS OF AGE." | |
| Connecticut | Conn. Gen. Stat. § 21a-415(a) (definition): "'Electronic nicotine delivery system' means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device." Conn. Gen. Stat. § 53-344b: "Any person who sells, gives or delivers to any person under twenty-one years of age an electronic nicotine delivery system or vapor product shall be fined not more than three hundred dollars for the first offense, not more than seven hundred fifty dollars for a second offense within twenty-four months and not more than one thousand dollars for each subsequent offense within twenty-four months." Conn. Gen. Stat. § 21a-416(a): "No person shall sell or distribute an electronic nicotine delivery system or vapor product from any vending machine unless such vending machine is located in a facility where no person younger than twenty-one years of age is present or permitted to enter at any time." | |
| Delaware | Del. Code tit. 11, § 1115 (definitions): "'Tobacco substitute' means an electronic smoking device composed of a mechanical heating element, battery, or electronic circuit, that provides an aerosol of nicotine or other substances which the user inhales. The term includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or any other product name or descriptor, and includes liquids, with or without nicotine, that are used with electronic smoking devices. The term does not include any product approved by the Food and Drug Administration for sale as a tobacco use cessation product. 'Vending machine' means any mechanical, electronic, or other similar device which automatically dispenses tobacco products or tobacco substitutes, usually upon the insertion of a coin, token, or slug." Del. Code tit. 11, § 1119: "(a) It shall be unlawful for any person to distribute or permit the distribution of tobacco products or tobacco substitutes through the operation of a vending machine in a public place, except as provided in subsection (b) of this section. (b) A person may distribute tobacco products or tobacco substitutes through a vending machine in a taproom, tavern, tobacco shop or in premises in which an individual who has not attained the age of 21 years is prohibited by law from entering. A tobacco vending machine shall be operated a minimum of 25 feet from any entrance to the premises in which the vending machine is operated and must be directly visible to the owner or supervisor of the premises. (c) A person who violates this section is guilty of a class B misdemeanor." | |
| Florida | Fla. Stat. § 569.32(1)(a): "Each person that seeks to allow a nicotine products vending machine to be located on its premises must obtain a retail nicotine products dealer permit for each place of business. Each dealer owning, leasing, furnishing, or operating vending machines through which nicotine products are sold must obtain a permit for each machine and shall post the permit in a conspicuous place on or near the machine." Fla. Stat. § 569.37: "Sales of nicotine dispensing devices through vending machines or other devices that mechanically dispense nicotine dispensing devices are only permissible from a machine that has been altered or equipped with an operational lockout device under the control of the dealer, agent, or employee who controls the area where the vending machine is located. The lockout device must include a mechanism to restrict the machine from operating if the power source of the device does not work or the device is disabled and a mechanism to ensure that one nicotine product is dispensed at a time. A dealer is not required to install a lockout device on a vending machine located in an establishment, or part of an establishment, that prohibits a person under 21 years of age from accessing the area in which the vending machine is located." | |
| Georgia | Ga. Code Ann. § 16-12-173: "(a)(1) Any person that maintains a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall place on such vending machine a notice in conspicuous lettering which states: 'THE PURCHASE OF CIGARETTES, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS FROM THIS VENDING MACHINE BY ANY INDIVIDUAL UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW.' (2) Such vending machine shall not dispense any other type of product, other than matches. ... (e)(1) Such vending machines shall not be permitted except: (A) In locations not readily accessible to individuals under 21 years of age, including, but not limited to: (i) Factories, businesses, offices, and other places not open to the general public; (ii) Places open to the general public which do not admit individuals under 21 years of age; and (iii) Places where alcoholic beverages are offered for sale; (B) In areas in the immediate vicinity, in plain view, and under the continuous supervision of the proprietor or his or her employee; and (C) In rest areas adjacent to roads and highways." | |
| Hawaii | Haw. Rev. Stat. § 328J-16(a): "The sale or distribution of cigarettes is prohibited: (1) From cigarette vending machines unless the vending machine is located in a bar, cabaret, or any establishment for which the minimum age for admission is eighteen." Haw. Rev. Stat. § 712-1258(4): "Signs using the statement 'The sale of tobacco products or electronic smoking devices to persons under twenty-one is prohibited' shall be posted on or near any vending machine in letters at least one-half inch high." | |
| Idaho | Idaho Code § 39-5706: "(1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices by any means other than vendor-assisted sales where the customer has no access to the product except through the assistance of the seller. (2) On and after January 1, 2020, it shall be unlawful to sell or distribute tobacco products or electronic smoking devices from vending machines or self-service displays. (3) Stores with tobacco products or electronic smoking devices comprising at least seventy-five percent (75%) of total merchandise shall be exempt from requiring vendor-assisted sales, if minors are not allowed in the store and such prohibition is posted clearly on all entrance doors." | |
| Illinois | 720 ILCS 675/1(b): "Tobacco products, electronic cigarettes, and alternative nicotine products may be sold through a vending machine only if such products are not placed together with any non-tobacco product, other than matches, in the vending machine and the vending machine is in any of the following locations: (1) Places where the owner or operator is required to possess a current State of Illinois liquor license issued under the Liquor Control Act of 1934 for the sale and on-premises consumption of alcoholic beverages and where persons under 21 years of age are prohibited from entering the premises at all times; (2) Places where the vending machine is under the direct supervision of the owner or manager and which is not located in an area accessible to persons under 21 years of age; or (3) Places where alcoholic beverages are sold and consumed on the premises and vending machine operation is under the direct supervision of the owner or manager." | |
| Indiana | Ind. Code § 35-46-1-11(a): "A tobacco or electronic cigarette vending machine that is located in a public place must bear the following conspicuous notices: (1) A notice reading: 'If you are under 21 years of age, YOU ARE FORBIDDEN by Indiana law to buy tobacco or electronic cigarettes from this machine.' (2) A notice reading: 'Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.' (3) A notice printed in letters and numbers at least one-half (1/2) inch high that displays a toll free phone number for assistance to callers in quitting smoking." | |
| Iowa | Iowa Code § 453A.1(29) (definition): "'Vapor product' means any noncombustible product, which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other substance, including an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any cartridge or other container of a solution or other substance." Iowa Code § 453A.2(1): "A person shall not sell, give, or otherwise supply any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under twenty-one years of age." Iowa Code § 453A.36(6): "Tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes shall not be sold through a vending machine unless the vending machine is located in a place where the retailer ensures that no person younger than twenty-one years of age is present or permitted to enter at any time. Tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes shall not be sold through any cigarette vending machine if such products are placed together with any nontobacco product, other than matches, in the cigarette vending machine." | |
| Kansas | Kan. Stat. Ann. § 79-3303(a): "Each person engaged in the business of selling cigarettes or electronic cigarettes in the state of Kansas and each vending machine distributor shall obtain a license as provided by this act. A vending machine operator is required to obtain a vending machine operator's master license and, in addition, a separate permit for each vending machine operated by the operator. The license shall be displayed in the dealer establishment and the vending machine permit shall remain securely and visibly attached to the vending machine. No permit shall be issued for a vending machine unless it is constructed so that at least one package of each vertical column of cigarettes located therein is visible showing tax indicia." Kan. Stat. Ann. § 79-3303(d): "The key to the lower or storage compartment of a vending machine shall remain only in the possession of the vending machine operator or the operator's authorized agent. All vending machines shall be subject to inspection by the director or the director's authorized agents." | |
| Kentucky | KRS § 438.315 (catchline): "Sales of tobacco products, alternative nicotine products, or vapor products to or purchases by persons under age 21 from vending machine prohibited. Location of vending machine. Penalty. Issuance of uniform citation." KRS § 438.316 (effective Jan. 1, 2025): "A retailer shall not sell or offer for sale in this Commonwealth any nicotine vapor product unless the product has been authorized by the United States Food and Drug Administration through a marketing granted order, has a Premarket Tobacco Product Application filed by September 9, 2020, that remains pending, or qualifies for another statutorily enumerated exception." | |
| Louisiana | La. R.S. § 26:901 (definition): "'Vapor product' means any noncombustible product containing nicotine or other substances that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term includes any electronic cigarette, cigar, cigarillo, or pipe, or a similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo, pipe, or similar product or device." La. R.S. § 26:910: "The sale or delivery of tobacco products, alternative nicotine products, or vapor products through a vending machine is prohibited unless: (1) The machine is located in an establishment to which persons under twenty-one years of age are denied access; or (2) The machine is located in facilities where the dealer ensures that no person younger than twenty-one years of age is present or permitted to enter at any time and the machine is within the unobstructed line of sight of a dealer or dealer's agent who is responsible for preventing the sale of tobacco products, alternative nicotine products, or vapor products to persons under twenty-one years of age." La. R.S. § 14:91.8(D): "It is unlawful for any person engaged in the operation or maintenance of a vending machine to place in use a vending machine to vend any tobacco product, alternative nicotine product, or vapor product automatically, unless the machine displays a sign or sticker in not less than twenty-two-point type on the front of the machine stating, 'LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER AGE 21.'" | |
| Maine | Me. Rev. Stat. tit. 22, § 1553-A: "In addition to the tobacco license required in section 1551-A, the sale of cigarettes or any other tobacco product through a vending machine is subject to the following provisions. 1. Vending requirements. The following provisions govern the sale of cigarettes or any other tobacco product through a vending machine. A. Only cigarettes or any other tobacco products may be dispensed by that machine. B. A sign must be affixed conspicuously to the front of the machine containing lettering at least 3/8 inches in height stating: 'WARNING. It is unlawful for any person under the age of 18 to purchase cigarettes in this State.' C. At all times during the hours the vending machine is accessible, it must be located within the unobstructed line of sight and under the direct supervision of an adult. That adult is responsible for preventing persons under 18 years of age from purchasing cigarettes from that vending machine. Vending machines may be located only in areas in which minors are allowed only when accompanied by an adult. 2. Penalty. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged or for which prohibition for not more than 6 months from operating any tobacco product vending machine may be adjudged, or both." | |
| Maryland | Md. Code, Bus. Reg. § 16-3A-02: "A person may not sell or dispense or offer to sell or dispense a tobacco product through a vending machine in the State, unless the vending machine is located in an establishment that individuals under the age of 21 years are prohibited by law from entering at any time." Md. Code, Bus. Reg. § 16-209: "A licensee shall: (i) identify each vending machine with a conspicuous label that states the licensee's name, address, and telephone number; and (ii) display on a conspicuous label applicable prohibitions and penalties under § 10-107 of the Criminal Law Article." | |
| Massachusetts | Mass. Gen. Laws ch. 270, § 6 (definition): "'Tobacco product', any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization." Mass. Gen. Laws ch. 64C, § 10: "No person shall have in his possession a machine for vending cigarettes for a period in excess of seventy-two hours unless there shall be attached to the same a disc or marker as provided by section two... Any operator of a vending machine for the sale of cigarettes or tobacco and any owner or tenant of a location where a vending machine is located who shall permit any person under 21 to use such machines, shall be punished by a fine of not more than fifty dollars. Each vending machine containing cigarettes or tobacco shall have attached on the front of it a notice to be furnished by the commissioner reading 'Persons under 21 are prohibited from using this machine', and any person owning or operating a vending machine who fails to display such a notice shall be punished by a fine of not more than fifty dollars." | |
| Michigan | Mich. Comp. Laws § 722.641(1): "A person shall not sell, give, or furnish a tobacco product, vapor product, or alternative nicotine product to a minor, including, but not limited to, through a vending machine. A person who violates this subsection or subsection (8) is guilty of a misdemeanor punishable by a fine of $100.00 for each violation." | |
| Minnesota | Minn. Stat. § 609.685(1)(c) (definition): "'Electronic delivery device' means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not limited to, devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, mods, tank systems, or under any other product name or descriptor." Minn. Stat. § 297F.01, subd. 13 (definition): "'Place of business' means a place where cigarettes or tobacco products are sold or where cigarettes or tobacco products are manufactured, stored, or kept for the purpose of sale or consumption, including any vessel, vehicle, airplane, train, or vending machine." Minn. Stat. § 609.685, subd. 2: "Whoever sells tobacco, tobacco-related devices, electronic delivery devices, or nicotine and lobelia delivery products to a person under the age of 21 years is guilty of a misdemeanor." | |
| Mississippi | Miss. Code Ann. § 97-32-15 (as amended by SB 2691, 2025): "It shall be unlawful for any person to sell tobacco products through a vending machine, unless the vending machine is located in an establishment to which individuals under the age of twenty-one (21) years are denied access or are required to be accompanied by an adult. A person who violates this section shall be punished by a penalty of not more than Two Hundred Fifty Dollars ($250.00)." | |
| Missouri | Mo. Rev. Stat. § 407.931(1): "It shall be unlawful for any person to sell, provide or distribute tobacco products, alternative nicotine products, or vapor products to persons under eighteen years of age." Mo. Rev. Stat. § 407.931(2): "All vending machines that dispense tobacco products, alternative nicotine products, or vapor products shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than eighteen years of age from purchasing any tobacco product, alternative nicotine product, or vapor product from such machine, or shall be equipped with a lock-out device to prevent the machines from being operated until the person responsible for monitoring sales from the machines disables the lock. Such locking device shall be of a design that prevents it from being left in an unlocked condition and which will allow only a single sale when activated. A locking device shall not be required on machines that are located in areas where persons less than eighteen years of age are not permitted or prohibited by law. Nothing in this section shall apply to a vending machine if located in a factory, private club or other location not generally accessible to the general public." | |
| Montana | Mont. Code Ann. § 16-11-303: "(1) A person may not sell tobacco products, alternative nicotine products, or vapor products at retail, whether over the counter, by vending machine, or otherwise, without a license obtained from the department of revenue. (2) The fee for the license is $5 a year for each retail outlet. (3) The license fee for each retail outlet must be deposited in the state general fund." | |
| Nebraska | Neb. Rev. Stat. § 28-1429.01: "It is the intent of the Legislature to ban the use of vending machines and similar devices to dispense tobacco products in facilities, buildings, or areas which are open to the general public within Nebraska." Neb. Rev. Stat. § 28-1429.02: "(1) Except as provided in subsection (2) of this section, it shall be unlawful for any person to dispense cigarettes or other tobacco products, electronic nicotine delivery systems, or alternative nicotine products through the use of vending machines or any similar device. Any person violating the provisions of this section shall be guilty of a Class III misdemeanor for the first offense and his or her tobacco license shall be suspended for a period of six months for the second offense and shall be permanently revoked for the third and any subsequent offense. (2) It shall not be unlawful to dispense cigarettes, other tobacco products, electronic nicotine delivery systems, or alternative nicotine products by vending machine or similar device when (a) such vending machine or similar device is located in an area, office, business, plant, or factory which is not open to the general public or (b) such vending machine or similar device is located in an establishment which is licensed to sell alcoholic liquor for on-premises consumption and the vending machine or similar device is located in the same room in which the alcoholic liquor is dispensed." | |
| Nevada | Nev. Rev. Stat. § 370.054 (definition): "'Vapor product' means: 1. Any noncombustible product containing nicotine or any other substance that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size, that can be used to produce vapor from nicotine or any other substance in a solution or other form. The term includes, without limitation: (a) An electronic cigarette, cigar, cigarillo, pipe, hookah or vape pen, or a similar product or device; and (b) The components of such a product or device." Nev. Rev. Stat. § 202.2494(2): "A coin-operated vending machine containing cigarettes must not be used to dispense any product not made or derived from tobacco." Nev. Rev. Stat. § 202.2493(3): "It is unlawful for any retailer to sell cigarettes through the use of any type of display: (a) Which contains cigarettes and is located in any area to which customers are allowed access; and (b) From which cigarettes are readily accessible to a customer without the assistance of the retailer, except a vending machine used in compliance with NRS 202.2494." | |
| New Hampshire | N.H. Rev. Stat. Ann. § 126-K:2(XII) (definition): "'Vending machine' means any self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco, cigarettes, or any other tobacco product." N.H. Rev. Stat. Ann. § 126-K:3: "Any person responsible for monitoring sales from a tobacco vending machine, and any retail or wholesale seller of tobacco products, e-cigarettes, e-liquid, or alternative nicotine products, before completing a sale to any person who does not appear to be at least 21 years of age, shall require the purchaser to furnish documentation that such person is 21 years of age or over." N.H. Rev. Stat. Ann. § 126-K:4: "No person shall sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products, e-cigarettes, e-liquid, or alternative nicotine products to a person who has not attained 21 years of age. The prohibition shall not be deemed to prohibit persons who have not attained 21 years of age employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products during the duration of their employment." | |
| New Jersey | N.J. Rev. Stat. § 2A:170-51.12(1)(a): "No retailer, either directly or indirectly by an agent or employee, or by a vending machine owned by the retailer or located in the retailer's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person any vapor product that has a characterizing flavor. A person who violates the provisions of this paragraph shall be liable to a civil penalty of not less than $500 for the first violation, not less than $1,000 for the second violation, and $2,000 for the third and each subsequent violation." | |
| New Mexico | N.M. Stat. Ann. § 30-49-7 (Repealed by Laws 2020, ch. 46, § 26, eff. Jan. 1, 2021): "Repealed." N.M. Stat. Ann. § 30-49-3 (in force): "A. It is unlawful for a person to sell or give a tobacco product, electronic cigarette product or e-liquid container to a person under twenty-one years of age. B. A person who violates the provisions of this section is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978." | |
| New York | N.Y. Pub. Health Law § 1399-aa(13) (definition): "'Electronic cigarette' means an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device." N.Y. Pub. Health Law § 1399-dd: "No person, firm, partnership, company or corporation shall operate a vending machine which dispenses tobacco products, herbal cigarettes or electronic cigarettes unless such machine is located: (a) in a bar, or the bar area of a food service establishment with a valid, on-premises full liquor license; (b) in a private club; (c) in a tobacco business; or (d) in a place of employment which has an insignificant portion of its regular workforce comprised of people under the age of twenty-one years and only in such locations that are not accessible to the general public; provided, however, that the vending machine is located in plain view and under the direct supervision and control of the person in charge of the location or his or her designated agent or employee." N.Y. Pub. Health Law § 1399-mm-1(2): "No person shall sell or offer for sale any flavored vapor product to a consumer or to another person for resale to a consumer." | |
| North Carolina | N.C. Gen. Stat. § 14-313(b1): "It shall be unlawful to distribute tobacco products, tobacco-derived products, vapor products, or components of vapor products through the use of vending machines. ... Any person distributing tobacco products, tobacco-derived products, vapor products, or components of vapor products through vending machines in violation of this subsection shall be guilty of a Class 2 misdemeanor." | |
| North Dakota | N.D. Cent. Code § 12.1-31-03.1: "1. It is an infraction for any person to sell or furnish cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in which it may be utilized for smoking or chewing, electronic smoking devices, or alternative nicotine products through any vending machine, except: a. Vending machines located in establishments where individuals under twenty-one years of age are not permitted; or b. Vending machines located in establishments under the direct supervision of the owner or an employee, where the machine is disabled until unlocked by such person before each purchase. ... 3. It is an infraction for any person to sell or furnish cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in which it may be utilized for smoking or chewing, electronic smoking devices, or alternative nicotine products through any vending machine, if those products are placed together with any nontobacco product, other than matches, in the vending machine." | |
| Ohio | Ohio Rev. Code § 2927.02(A)(2)(a) (definition): "'Alternative nicotine product' means, subject to division (A)(2)(b) of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling." Ohio Rev. Code § 2927.02(C): "No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: (1) An area within a factory, business, office, or other place not open to the general public; (2) An area to which persons under twenty-one years of age are not generally permitted access; (3) Any other place, upon all of the following conditions: (a) The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place where the machine is located, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the machine will be readily observed by the person who owns or operates the place or an employee of that person. A vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediate vicinity, plain view, and control of the person who owns or operates the place or an employee of that person; (b) The vending machine is inaccessible to the public when the place where the machine is located is closed; (c) A clearly visible notice is posted in the area where the vending machine is located that reads as follows: 'It is illegal for any person under the age of 21 to purchase tobacco or alternative nicotine products.'" | |
| Oklahoma | Okla. Stat. tit. 63, § 1-229.17: "It shall be unlawful for any person to sell tobacco products, nicotine products or vapor products through a vending machine unless the vending machine is located: 1. In areas of factories, businesses, offices or other places that are not open to the public; and 2. In places that are open to the public, but to which persons under twenty-one (21) years of age are not admitted." | |
| Oregon | Or. Rev. Stat. § 167.780: "(1) As used in this section, 'vending machine' means a device that, upon the insertion of tokens, money or another form of payment, dispenses tobacco products or inhalant delivery systems. (2) A person may not sell or dispense tobacco products or inhalant delivery systems from a vending machine, except in an establishment where the premises are permanently and entirely off-limits to persons under 21 years of age as required by rules adopted by the Oregon Liquor and Cannabis Commission. (3) A person who violates this section commits a Class B violation. Each day that the person commits the violation constitutes a separate offense." | |
| Pennsylvania | 18 Pa. C.S. § 6305(a): "Except as set forth in subsection (f), a person is guilty of a summary offense if the person: (1) sells a tobacco product to any minor; (2) furnishes, by purchase, gift or other means, a tobacco product to a minor; (3) ... (4) locates or places a tobacco vending machine containing a tobacco product in a location accessible to minors; (5) displays or offers a cigarette for sale out of a pack of cigarettes; or (6) displays or offers for sale tobacco products in any manner which enables an individual other than the retailer or an employee of the retailer to physically handle tobacco products prior to purchase unless the tobacco products are located within the line of sight or under the control of a cashier or other employee during business hours, except that this paragraph shall not apply to retail stores which derive 75% or more of sales revenues from tobacco products." | |
| Rhode Island | R.I. Gen. Laws § 11-9-13.4(6) (definition): "'Electronic nicotine-delivery system' means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, e-liquids, e-liquid products, or any related device and any cartridge or other component of such device." R.I. Gen. Laws § 11-9-13.1(a): "No cigarettes, nor any other tobacco product, nor electronic nicotine-delivery system product shall be sold from any device or vending machine that is in an area not continuously supervised and in direct line of sight of an authorized person employed by the business, nor shall any tobacco product, nor electronic nicotine-delivery system product be sold from any device or vending machine that is in an area supervised by such an authorized person unless the device or vending machine is equipped with an electronic locking device that will not allow the device to dispense unless it is electronically unlocked from a secured position inaccessible to the public and under the supervision of an authorized person. ... For the purposes of this section, 'direct line of sight' means the vending machine and the purchaser must be visible to the authorized person pressing the unlock button while the unlock button is being activated. Provided, a locking device shall not be required to be installed on a vending machine in an establishment that is licensed to sell alcoholic beverages by the drink and that limits access to the establishment to persons over the age of twenty-one (21) years." R.I. Gen. Laws § 11-9-13.1(b): "No tobacco product or electronic nicotine-delivery system product shall be sold from any device or vending machine from which non-tobacco products are sold." | |
| South Carolina | S.C. Code Ann. § 16-17-500(D): "It is unlawful to sell a tobacco product or an alternative nicotine product through a vending machine unless the vending machine is located in an establishment: (1) which is open only to individuals who are eighteen years of age or older; or (2) where the vending machine is under continuous control by the owner or licensee of the premises or an employee of the owner or licensee, can be operated only by activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed." | |
| South Dakota | S.D. Codified Laws § 34-46-2(5): "It is unlawful: ... (5) To sell tobacco products through a vending machine located in a place other than a place that is open to the public but to which persons under the age of twenty-one are denied access." | |
| Tennessee | Tenn. Code Ann. § 39-17-1507(a): "It is unlawful for any person to sell tobacco, smoking hemp, vapor products, or smokeless nicotine products through a vending machine unless the vending machine is located in any of the following: (1) In areas of factories, businesses, offices, or other places that are not open to the public; (2) In places that are open to the public but to which persons under twenty-one (21) years of age are denied access; (3) In places where alcoholic beverages are sold for consumption on the premises, but only if the vending machine is under the continuous supervision of the owner or lessee of the premises or an employee, and is inaccessible to the public when the establishment is closed; or (4) In other places, but only if the machine is under the continuous supervision of the owner or lessee of the premises or an employee, or the machine can be operated only by the use of a token purchased from the owner or lessee of the premises or an employee." Tenn. Code Ann. § 39-17-1507(b): "In each location where a vending machine is located pursuant to subdivision (a)(3) or (a)(4), the person responsible for that supervision or the sale of the token shall demand proof of age from a prospective purchaser if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under thirty (30) years of age." | |
| Texas | Tex. Health & Safety Code § 161.086: "(a) Except as provided by Subsection (b), a retailer or other person may not: (1) offer cigarettes, e-cigarettes, or tobacco products for sale in a manner that permits a customer direct access to the cigarettes, e-cigarettes, or tobacco products; or (2) install or maintain a vending machine containing cigarettes, e-cigarettes, or tobacco products. (b) Subsection (a) does not apply to: (1) a facility or business that is not open to persons younger than 21 years of age at any time; (2) that part of a facility that is a humidor or other enclosure designed to store cigars in a climate-controlled environment and that is not open to persons younger than 21 years of age at any time; or (3) a premises for which a person holds a package store permit issued under the Alcoholic Beverage Code and that is not open to persons younger than 21 years of age at any time. (c) The comptroller or a peace officer may, with or without a warrant, seize, seal, or disable a vending machine installed or maintained in violation of this section." | |
| Utah | Utah Code Ann. § 76-10-105.1(2)-(3): "(2) A retailer may sell a tobacco product, electronic cigarette product, or nicotine product only in a direct, face-to-face exchange between an employee of the retailer and the customer. (3) The face-to-face sale requirement in Subsection (2) does not apply to: (a) a mail-order, telephone, or Internet sale made in compliance with Section 59-14-509; (b) a sale from a vending machine or self-service display that is located in an area of a retailer's facility: (i) that is distinct and separate from the rest of the facility; and (ii) where the retailer ensures that no person younger than 21 years of age is present, or permitted to enter, at any time, unless accompanied by a parent or legal guardian." | |
| Vermont | Vt. Stat. Ann. tit. 7, § 1003(b): "All vending machines selling tobacco products are prohibited." Vt. Stat. Ann. tit. 7, § 1003(c)(1): "Persons holding a tobacco license may only display or store tobacco products, tobacco substitutes, or tobacco paraphernalia: (A) behind a sales counter or in any other area of the establishment that is inaccessible to the public; or (B) in a locked case." | |
| Virginia | Va. Code Ann. § 18.2-371.2 (definition): "'Retail tobacco product' means (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, a heated tobacco product, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (ii) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and (iii) any component, part, or accessory of (i) or (ii), whether or not any of these contain tobacco or nicotine." Va. Code Ann. § 18.2-371.2(A): "No person shall sell retail tobacco products or hemp products intended for smoking from a vending machine." Va. Code Ann. § 18.2-371.2(B): "No person shall sell a retail tobacco product or hemp product intended for smoking to any individual who does not demonstrate, by producing a driver's license or similar photo identification issued by a government agency, that the individual is at least 21 years of age." | |
| Washington | Wash. Rev. Code § 82.24.530: "In addition to the cigarette retailer's license required under chapter 82.32 RCW and the fees imposed therein, a fee of thirty additional dollars shall accompany each application for a license or renewal of a license issued to a retail dealer operating a cigarette vending machine. The additional fee shall be imposed for each cigarette vending machine operated by the retail dealer." | |
| West Virginia | W. Va. Code § 16-9A-8: "No person or business entity may offer for sale any cigarette or other tobacco product in a vending machine. Any person or business entity which violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined two hundred fifty dollars: Provided, That an establishment is exempt from this prohibition if individuals under the age of eighteen years are not permitted to be in the establishment or if the establishment is licensed by the alcohol beverage control commissioner as a Class A licensee. The alcohol beverage control commissioner shall promulgate rules which shall establish standards for the location and control of the vending machines in Class A licensed establishments for the purpose of restricting access by minors." | |
| Wisconsin | Wis. Stat. § 134.66(2)(a): "No retailer, manufacturer, distributor, jobber, or subjobber, no agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products, or tobacco products to any person under the age of 18. ... A vending machine operator is not liable under this paragraph for the purchase of cigarettes, nicotine products, or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase." Wis. Stat. § 134.66(2)(d): "1m. A retailer or vending machine operator may not sell cigarettes or tobacco products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years. 2. Notwithstanding subd. 1m., no retailer may place a vending machine within 500 feet of a school." | |
| Wyoming | Wyo. Stat. Ann. § 14-3-301 (definitions): "'Electronic cigarette' means any device that can be used to deliver aerosolized or vaporized nicotine or synthetic nicotine material to the person using the device and includes any component, part and accessory and any vapor material intended to be aerosolized or vaporized during the use of the device, including any electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vapor pen and any similar product or device. 'Nicotine products' means tobacco products and electronic cigarettes. 'Vending machine' means any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses nicotine products." Wyo. Stat. Ann. § 14-3-302(c): "No retailer shall sell, permit the sale, offer for sale, give away or deliver nicotine products to any person under the age of twenty-one (21) years." Wyo. Stat. Ann. § 14-3-303(b): "It is unlawful for any person to display nicotine products, in any retail store or other establishment, in such a manner as to allow customer access to the products without the assistance of the retailer or an employee or agent of the retailer, except in a vending machine that meets the requirements of subsection (a) of this section or in any retail store or other establishment where persons under twenty-one (21) years of age are prohibited by law from entering at any time." |
Disclaimer: Informational only, not legal advice. Statutes and regulations change frequently. Verify current text at the official .gov source linked for each provision. Consult counsel for jurisdiction-specific compliance questions.
Source material: Justia Law (law.justia.com); official .gov legislative databases (ecfr.gov, federalregister.gov, congress.gov, uscode.house.gov, ncleg.gov, legislature.ky.gov, sdlegislature.gov, ndlegis.gov, le.utah.gov, legislature.idaho.gov, malegislature.gov, leginfo.legislature.ca.gov, gc.nh.gov, lis.virginia.gov, docs.legis.wisconsin.gov, wyoleg.gov, statutes.capitol.texas.gov, app.leg.wa.gov, revisor.mn.gov, legislature.maine.gov, legislature.vermont.gov, oregon.public.law, delcode.delaware.gov, billstatus.ls.state.ms.us, alison.legislature.state.al.us, code.wvlegislature.gov, codes.ohio.gov, cga.ct.gov, atc.louisiana.gov).
Source material: Justia Law (law.justia.com); official .gov legislative databases (ecfr.gov, federalregister.gov, congress.gov, uscode.house.gov, ncleg.gov, legislature.ky.gov, sdlegislature.gov, ndlegis.gov, le.utah.gov, legislature.idaho.gov, malegislature.gov, leginfo.legislature.ca.gov, gc.nh.gov, lis.virginia.gov, docs.legis.wisconsin.gov, wyoleg.gov, statutes.capitol.texas.gov, app.leg.wa.gov, revisor.mn.gov, legislature.maine.gov, legislature.vermont.gov, oregon.public.law, delcode.delaware.gov, billstatus.ls.state.ms.us, alison.legislature.state.al.us, code.wvlegislature.gov, codes.ohio.gov, cga.ct.gov, atc.louisiana.gov).