Vape Vending Machines Sales Laws and Regulations in West Virginia

Curious about laws as it relates to vape vending in the state of West Virginia?  This will walk through the relevant statues that restrict placement of vape vending machines.   

Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official West Virginia government resources for the most current regulations.

In summary, in West Virginia, someone can own and operate vape vending machines in 21+ establishments or if locations hold a Class A (on-premise liquor) license.  

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"A person or business entity may not offer for sale any 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 $250: Provided, That an establishment is exempt from this prohibition if individuals younger than 21 years of age 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 for legislative approval pursuant to 29A-3-1 et seq. of this code, to establish standards for the location and control of the vending machines in Class A licensed establishments for the purpose of restricting access by persons younger than 21 years of age".

2024 West Virginia Code
Chapter 16. Public Health
Article 9A. Tobacco Usage Restrictions
§16-9A-8. Selling of Tobacco Products in Vending Machines Prohibited Except in Certain Places

Universal Citation:
WV Code § 16-9A-8 (2024)

1. Placement Restrictions (Vending Machines)

Statutory Requirement:

**“No vapor products shall be sold from a vending machine unless the vending machine is located in an establishment that:

  • prohibits individuals under the age of 18 from being in the establishment; or
  • is licensed by the alcohol beverage control commissioner as a Class A licensee.”**
    W. Va. Code § 16-9A-8

Additional Rule (For Class A Establishments):

“The alcohol beverage control commissioner is authorized to promulgate rules to establish standards for the location and control of the vending machine in Class A licensed establishments for the purpose of restricting access by minors.”
W. Va. Code § 16-9A-8

Operational Guidance:

  • Must be either:
    • In an adults-only venue (e.g., 18+ bar, strip club), or
    • In a Class A alcohol licensed venue (as regulated by WV Alcohol Beverage Control Commissioner).
  • Avoid placing machines in restaurants, gas stations, or anywhere minors may be present.
  • If using a Class A licensee venue, confirm vending placement complies with Commissioner’s rules on visibility and access control.

2. Licensing and Permitting Requirements

Retail Licenses:

“Retailers and wholesalers are required to obtain a license to sell tobacco products, but a license is not currently required to sell e-cigarette products.”
W. Va. Code § 16-9A-2(b)(3)

Notes:

  • No state-level license required for vape/nicotine pouch vending as of now.
  • This may change in the future—especially with ongoing federal enforcement pressure.
  • Tobacco product licensing requirements do not currently extend to “alternative nicotine” or “vapor” products.

Local Requirements:

“Additional city, county, and state vending license requirements may apply. Check with local municipality.”
W. Va. Code R. § 110-15-46

Municipalities May Require:

  • Business license for each machine
  • Vending-specific license (e.g., Charleston, Morgantown)
  • Local zoning approval for vending locations

3. Applicable Taxes and Fees

Excise Tax:

“E-cigarette liquid is subject to an excise tax at the rate of 7.5 cents per milliliter.”
W. Va. Code § 11-17-4b (Implied by document)

  • Applies only to e-liquid, regardless of nicotine strength.
  • Does not explicitly cover nicotine pouches unless they contain liquid nicotine.

Sales Tax:

“Sales of tangible personal property through the use of vending machines are subject to the consumers sales tax… The person who has control of the machine… is responsible…”
W. Va. Code R. § 110-15-46

  • 6% state sales tax applies to vape and pouch products sold via vending machines.
  • Vending operator must:
    • Register for WV Sales Tax Permit
    • Collect and remit sales tax monthly
    • Maintain detailed records of sales and commissions

4. Regulatory Authorities

Function Regulatory Body
Excise & Sales Tax West Virginia State Tax Department
Vending Machine Access in Liquor Establishments Alcohol Beverage Control Commissioner
Public Health Enforcement West Virginia Department of Health & Human Resources
Local Business Licensing City or County Clerk’s Office

5. Municipal Ordinances to Check

Some cities may impose local laws or zoning restrictions beyond state law. You should contact the following for any machine deployment:

  • Charleston City Clerk’s Office – May require vending machine registration or zoning review.
  • Morgantown Business Licensing Division
  • Huntington City Hall – Licensing & Permits Department
  • Berkeley or Kanawha County Commission Offices (for unincorporated areas)

6. Additional Legal/Compliance Rules

Federal Age Restriction Enforcement:

“Federal law takes precedence… the minimum age to sell or purchase any tobacco product is 21.”
W. Va. Code § 16-9A-2(b)(3) (State law still uses 18)

  • Even though WV code says 18, federal law prohibits vape or pouch sales to persons under 21.
  • Use ID scanning technology or a manual employee-activated vending system to comply.

7. Machine Labeling and Operation Requirements

“Tax stamps should be clearly visible on the vapor products.”
“Products should be placed so at least one package is available in each column.”
W. Va. Code R. § 175-9-4

Operational Rules:

  • All items must display visible excise tax stamps
  • At least one visible product per vending column
  • No mixing with unrelated products (e.g., chips, soda)
  • Strongly recommended to display “21+ ONLY” signage even though WV law says 18

Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official West Virginia government resources for the most current regulations.

 

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