Considering becoming a vape vending machine host in Maine? 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.

1. Placement Restrictions

Statute: 22 M.R.S. §1555-B(2)(A)–(C)

“A person may not sell, furnish or give away in this State a tobacco product by any means other than vendor-assisted sales.”

Exceptions (22 M.R.S. §1555-B(2)(B)):

“Sales from vending machines are permitted only in facilities where persons under 21 years of age are prohibited.”

Permissible Locations:

• 21+ Bars
• Tobacco specialty shops with restricted access
• Adult-only nightclubs or casinos

Not Allowed:

• Restaurants or convenience stores accessible to those under 21
• Locations without direct staff supervision or age restriction

2. Licensing & Permitting Requirements

A. Retail Tobacco License (Vape/Nicotine Pouch Vending)

Authority: 22 M.R.S. §1555-C

• Required for each location selling tobacco or vape products, including vending machines
• License application must be submitted to the Maine DHHS (Division of Disease Prevention – Tobacco Enforcement)

Fee: $100 annually (as of latest update via DHHS guidance)

To Apply:
📄 Retail Tobacco License Application (DHHS)

B. Sales Tax Registration

Authority: [36 M.R.S. §1752(11)], [§1811]

• Vending machine operators must register with Maine Revenue Services (MRS)
• Sales tax (5.5%) must be collected on all sales

Apply online through:
https://www.maine.gov/revenue → “Sales and Use Tax Registration”

C. Business/Vending License (Local Jurisdiction)

Many cities/towns (e.g. Portland, Bangor) require:

• Business registration
• Vending machine permit (fee varies)
• Local health inspection approval if nicotine pouches are sold

Contact the City/Town Clerk's Office where the machine will be placed.

3. Applicable Excise Tax

Statute: 36 M.R.S. §4403-C(1)

“A tax is imposed on electronic nicotine delivery systems sold in this State at the rate of 43% of the wholesale sales price.”

Applies to:

• Disposable vapes
• Cartridges
• Open system hardware if pre-filled with nicotine

Reporting: Distributors file monthly reports with MRS

Nicotine pouches (non-vapor) are not taxed under this statute but may fall under “other tobacco products” in some localities depending on content and labeling.

4. Regulatory Authorities

• Maine Department of Health and Human Services (DHHS) – Tobacco Enforcement
  📞 (207) 287-4627
  🔗 https://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/tobacco
• Maine Revenue Services (MRS)
  📞 (207) 624-9693
  🔗 https://www.maine.gov/revenue

5. City-Specific Ordinances

Portland, ME

Code §17-109:

“No person shall sell or offer for sale flavored tobacco products.”

This includes flavored vapes and possibly nicotine pouches unless FDA-authorized.

✅ Only unflavored or tobacco-flavored products allowed for vending in Portland.

Bangor, ME

Requires tobacco license + separate vending machine permit (in-person application via Code Enforcement)

6. Additional Legal Considerations

• All vending machines must be inaccessible when the facility is closed.
• Age verification technology is not a substitute for placement restrictions.
• Products must comply with federal FDA labeling, PMTA, and packaging standards.
• No flavored products unless FDA-approved under 21 U.S.C. §387j(c) (federal PMTA).

Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official Maine government resources for the most current regulations or consult your attorney.