Vape Vending Machines Sales Laws and Regulations in Minnesota
Thinking of Launching a Vape Vending Machine in Minnesota?
Here’s What You Need to Know First
Considering becoming a vape vending machine host in Minnesota? Familiarize yourself with the current state laws to ensure compliance and successful operations. Here's a quick breakdown of current state regulations for vapor products, vape machines, and sales.
Whether you're a retailer, entrepreneur, or operator, understanding these regulations is essential not only for compliance but also for safeguarding your investment. Below is a detailed guide that breaks down the current rules, requirements, and best practices for operating a vape vending machine in Minnesota.
461.18 BAN ON SELF-SERVICE SALES; EXCEPTIONS.
Subdivision 1.Except in facilities for persons 21 years of age and older.
(a) No person shall offer for sale tobacco or tobacco-related devices, or electronic delivery devices as defined in section 609.6855, subdivision 1, or nicotine or lobelia delivery products as described in section 609.6855, in open displays which are accessible to the public without the intervention of a store employee.
(b) This subdivision shall not apply to retail stores that have an entrance door opening directly to the outside and that derive at least 90 percent of their gross revenue from the sale of tobacco, tobacco-related devices, and electronic delivery devices as defined in section 609.685, subdivision 1, and where the retailer ensures that no person under the age of 21 years is present, or permitted to enter, at any time.
Subd. 2.Vending machine sales prohibited.
No person shall sell tobacco products, electronic delivery devices, or nicotine or lobelia delivery products from vending machines. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons under the age of 21 years.
Subd. 3.Federal regulations for cartons, multipacks.
Code of Federal Regulations, title 21, part 1140.16(c), as amended from time to time, is incorporated by reference with respect to cartons and other multipack units.
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, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately.” Minn. Stat. § 609.685, subdiv. 1(c) (2025)
Placement Restrictions
In Minnesota, vending machines selling tobacco products, including electronic delivery devices (e.g., vapes) and nicotine pouches, are subject to strict placement regulations:
- Age-Restricted Locations: Vending machines are prohibited unless located in facilities inaccessible to persons under 21 years of age at any time.
- Self-Service Displays: Self-service displays of electronic delivery devices are restricted to adult-only, tobacco-only businesses.
Licensing & Permits
To legally operate vape or nicotine pouch vending machines in Minnesota, the following licenses and permits are required:
- Retail Tobacco License: Required for each vending machine location. Licenses are issued and administered by the city, county, or town where the business is located.
- Distributor License: Entities selling or distributing tobacco products must obtain a license from the Minnesota Department of Revenue.
- Sales and Use Tax Permit: Operators must register for a Minnesota Tax ID Number to collect and remit sales tax.
Excise and Sales Taxes
Minnesota imposes the following taxes on vaping products:
- Tobacco Tax: Nicotine solution products are subject to a 95% tax on the wholesale sales price.
- Sales Tax: A state sales tax of 6.875% applies to all retail sales, including those from vending machines.
Local Ordinances
Municipalities in Minnesota may have additional regulations:
- Minneapolis: Proposed ordinance to establish a minimum price of $25 for vape pens and e-cigarettes and ban new tobacco shops within 300 feet of K-12 schools.
- Flavor Bans: Several cities have enacted bans on flavored tobacco and vaping products, including menthol.
Compliance Requirements
Operators must adhere to the following:
- Age Verification: Ensure that vending machines are located in areas inaccessible to individuals under 21.
- Signage: Post clear signage indicating that sales to persons under 21 are prohibited.
- Packaging: All e-liquid containers must be in child-resistant packaging and labeled to indicate nicotine content.
Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official Minnesota government resources for the most current regulations.
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