Minnesota Vape Laws, Licensing, and Compliance

Minnesota Vape Vending & Self-Service Laws

In Minnesota, the sale of vape products, including electronic delivery devices, is subject to comprehensive regulations aimed at controlling accessibility, preventing underage use, and ensuring compliance with both state and federal laws. This guide provides an in-depth overview of current laws, pending legislation, licensing procedures, taxation, and lobbying efforts related to flavored vapes and vending machines in Minnesota.

Self-Service Displays Are Banned Statewide

Minnesota Statutes § 461.18 forbids open, customer-accessible displays of tobacco, electronic delivery devices, and nicotine products. Products must stay behind a counter or in a locked case unless the store is a 21-and-over tobacco specialty shop that derives at least 90 % of its revenue from tobacco or vape sales.

Vending Machines Allowed Only in 21-Plus Venues

Subdivision 2 of § 461.18 prohibits sales from vending machines except inside premises that never admit people under 21—such as age-restricted bars, clubs, and adult businesses. Any machine in a mixed-age restaurant, convenience store, or similar setting is illegal.

Kiosk & Mobile Sales Ban

Under § 461.21, retail sales from a “movable place of business”—including kiosks, carts, or vehicles—are prohibited. All vape or tobacco retailers must operate from a fixed, licensed location.

Bottom line: Vape or tobacco vending machines are lawful only in permanent, adults-only (21+) establishments, and Minnesota completely bars self-service access in ordinary retail stores. Mobile or kiosk-based sales are expressly illegal.

Tobacco vs. Vapor & Nicotine Products

Topic Combustible Tobacco E-Cigarettes / Nicotine Pouches
Minimum age 21+ 21+
Self-service Prohibited Prohibited
Packaging Standard Child-resistant e-liquid bottles required (§ 461.20)
Signage & ID check Mandatory (§ 461.22) Same requirements
Excise tax Per-pack cigarette tax; wholesale tax on other tobacco 95 % wholesale rate (see below)

Aside from child-resistant packaging for e-liquids, Minnesota treats vapor products virtually the same as traditional tobacco.

Excise Tax on Vapor Products & Nicotine Pouches

95 % Wholesale “Tobacco Products” Tax

Minnesota imposes a 95 % excise tax on the wholesale price of all non-cigarette tobacco products, explicitly including e-liquids, vaping devices, and even zero-nicotine juice.

New Tax on Nicotine Pouches (Effective July 1 2024)

A 2023 law re-classified oral nicotine pouches as “moist snuff.” They now pay either 95 % of wholesale or a minimum tax of $3.04 per 1.2-oz container, whichever is greater.

Distributor Licensing & Enforcement

Wholesalers must hold a state tobacco distributor license and remit tax. Retailers must buy from licensed distributors; purchasing untaxed inventory creates direct liability and severe penalties.

Local Licensing for Retailers & Vending Machines

  • Local license required: Cities and counties issue tobacco licenses under § 461.12.

  • One license per location: Each physical address (including a bar hosting a vending machine) needs its own license.

  • Compliance checks: Every licensed outlet faces at least one unannounced youth-access inspection per year.

  • Penalties: Minimum administrative fines start at $300 for a first under-age sale and escalate to $1,000 plus potential suspension.

Recent & Pending Legislative Activity (2023 – 2025)

  1. 2023 Tax Code Update – Expanded the definition of “moist snuff” to cover nicotine pouches, ensuring full taxation parity.

  2. Tobacco-21 (2020) – Aligned Minnesota with federal law, raising the sales age to 21 for all tobacco and vape products.

  3. Flavor-ban proposals – Statewide flavor-ban bills were introduced but not enacted as of April 2025; local flavor bans remain common.

  4. No relaxation of vending rules – Lawmakers have not introduced any bills to ease vending-machine restrictions; focus remains on tightening youth access.

 Works Cited

  1. Minnesota Statutes, Chapter 461, Section 461.12, Subdivisions 1-3. Revisor of Statutes. 

  2.  Minnesota Statutes, Chapter 461, Section 461.18, Subdivisions 1-2. Revisor of Statutes

  3. Minnesota Statutes, Chapter 609, Section 609.685, Subdivision 1a. Revisor of Statutes. 

  4. Minnesota Department of Revenue. "Cigarette and Tobacco Licensing Information.

  5. Minnesota House of Representatives. "Proposed Ban on Flavored Tobacco.

  6. Minnesota Department of Health. "E-Cigarettes and Youth Tobacco Use.