Vape Vending Laws and Age Restrictions in the USA, State by State overview chart
State |
Important Restrictions |
Limitations on Displays and Employee Requirements |
Do You Need a Permit to Sell E-Cigarettes? |
Alabama |
|
An employee over 21 years old must be present for anyone under 21 to sell to customers (Section 28-11-13(a)) |
No |
Alaska |
|
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 |
|
None |
No |
Arkansas |
|
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 |
|
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 |
|
No vending machine sales allowed (Section 44-7-103(2)) |
No |
Connecticut |
|
Self-service machines only allowed in adult-only facilities (Section 21a-416(b)) |
Yes – Section 21a-415(a) |
Delaware |
|
Self-service and vending machines only allowed in 18+ businesses (Section 11-1119) |
Yes – Section 30-5301(15) |
District of Columbia |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
Self-service machines allowed in adult-only businesses (Section 720-677/10) |
No |
Indiana |
|
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 |
|
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 |
|
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 |
|
Any vending machines must be in 18+ businesses or within the employee’s line of sight (Section 438.315(3)) |
No |
Louisiana |
|
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 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 |
|
N/A |
Yes – Sections 16.7-201, 16.7-211(a), and 16.7-213(a) |
Massachusetts |
|
Self-service and vending machines only allowed in adult-only businesses (Section 940-21.04(2), (4)) |
No |
Michigan |
|
N/A |
No |
Minnesota |
|
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 |
|
N/A |
No |
Missouri |
|
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 |
|
Vending machines allowed in bars with line-of-sight from supervisor (Section 16-11-306(1)) |
Yes - Section 16-11-303(1) |
Nebraska |
|
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 |
|
N/A |
No |
New Hampshire |
|
N/A |
No |
New Jersey |
|
N/A |
No |
New Mexico |
|
Self-service displays banned (Section 30-49-7(A)) and vending machines restricted to 18+ businesses (Section 30-49-7(b)) |
No |
New York |
|
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 |
|
Vending machines must be inaccessible to anyone under 18 (Section 14-313(b1)) |
No |
North Dakota |
|
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 |
|
Vending machines allowed in 18+ businesses or under the supervision of the owner (Section 2927.02(C)) |
No |
Oklahoma |
|
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 |
|
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 |
|
N/A |
Yes - Section 72-8220-A(a) |
Rhode Island |
|
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 |
|
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 |
|
Self-service displays only allowed in 18+ areas of shops (Section 34-46-2(5)) and 34-46-21) |
No |
Tennessee |
|
Minor employees must be supervised by a 21+ employee (Section 39-17-1505(f)) |
No |
Texas |
|
Vending machines or self-service displays only allowed in 18+ business areas (Section 161.086)
|
Yes – Section 161.456 |
Utah |
|
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 |
|
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 |
|
Vending machines must be in 21+ restricted areas of a business or shop (Section 18.2-371.2(A)) |
No |
Washington |
|
Self-service displays allowed in 18+ businesses only (Section 70.345.080) |
Yes – Section 70.345.030(1)(a) |
West Virginia |
|
Vending machines restricted to 18+ areas of businesses (Section 16-9A-8) |
No |
Wisconsin |
|
All samples of products restricted to 18+ areas of businesses (Section 134.66(2)(am)) |
No |
Wyoming |
|
Self-service and vending machines restricted to 18+ locations (Section 14-3-303(b)) |
No |
SSource: https://www.findlaw.com/smallbusiness/business-laws-and-regulations/vaping-and-e-cigarette-laws-by-state--sellers.html