Vape Vending Machines Sales Laws and Regulations in Maryland

Thinking of Launching a Vape Vending or Zyn Vending Machine in Maryland?

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

  • Maryland: Any product that contains nicotine is considered a tobacco product under §16–3A–02.
  • A person may not sell, dispense, or offer to sell or dispense a tobacco product through a vending machine in the State, unless the vending machine is located in an establishment that individuals under the age of 21 years are prohibited by law from entering at any time.
  • To own and operate vape vending machines or nicotine pouch vending machines in the State of Maryland, an operator must obtain Maryland Form 723 – Electronic Smoking Devices (ESD). This form is required to register and license electronic smoking device sales, including vending operations, in compliance with state law.
  • Maryland Form 723 – Electronic Smoking Devices (ESD) ensures that vending machines are only placed in age-restricted locations and that the operator is authorized to dispense nicotine products in accordance with state tobacco regulations.

VapeTMWhether 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 Maryland.

PLACEMENT RESTRICTIONS

Maryland Criminal Law § 10–107(c)

“A person may not sell, distribute, or offer for sale a tobacco product through a vending machine except in an establishment that persons under the age of 21 are prohibited by law from entering at any time.”

This restricts vape/nicotine vending machines to:

  • Bars, 21+ nightclubs, adult lounges
  • Tobacco-only retail stores with verified restricted entry
  • Private clubs that prohibit minors

Unlawful: Placement in gas stations, general convenience stores, restaurants, or mixed-age public venues.

LICENSING & PERMITS

🔹 Retail License – Tobacco & Vape

Statute: Md. Code, Bus. Reg. § 16.5–203

Required for:

  • Retailers selling electronic smoking devices (ESDs) including vapes, pods, cartridges, or nicotine pouches
  • Applies equally to vending machines, which are classified as retail points of sale

Fee: $25 per location

Valid for: 1 year (renewed annually)

How to Apply:

🔹 Local Zoning & Use Permit

Depending on city or county:

  • A Use & Occupancy Permit (U&O) may be required to legally place a vending machine.
  • Contact local planning/zoning departments for each vending location.

TAXATION & FEES

🔸 Excise Tax – Md. Tax-General § 12.3–102

Product Type Tax Rate
Closed vaping systems 60% of the wholesale price
Vaping liquids sold separately 12% of the retail price
Nicotine pouches Currently taxed as “Other Tobacco Products” (OTP)
under §12–102

Wholesale licenses and tax collection responsibility depend on whether you import or purchase from licensed Maryland distributors.

🔸 Sales and Use Tax – Md. Tax-General § 11–102

  • All sales (including through vending machines) are subject to the 6% Maryland sales tax.

STATE REGULATORY AUTHORITIES

Role Agency Contact
Vape & tobacco license Comptroller of Maryland marylandtaxes.gov
Youth access enforcement MD Dept. of Health
(Tobacco Prevention)		 health.maryland.gov
Excise tax collection Revenue Administration Division 410-260-7980
Local enforcement City/County Zoning
and Licensing Units		 Contact jurisdiction directly

MUNICIPAL ORDINANCES TO WATCH

Some cities and counties impose additional rules:

  • Montgomery County bans certain types of self-service tobacco sales and requires additional signage.
  • Baltimore City has zoning overlays that prohibit tobacco/vape sales within 500 feet of schools, parks, or youth centers.
  • Prince George’s County applies stricter zoning for vending devices—vending machines must be listed on the use permit.

COMPLIANCE CHECKLIST

Requirement Mandatory? Statute / Source
Must be in 21+ venue ✅ Md. Criminal Law § 10–107(c)
Tobacco/vape retail license ✅ Md. Bus. Reg. § 16.5–203
Vending machine license
(treated as retail)		 ✅ Same statute – each machine = retail point
Excise tax registration ✅ Md. Tax-General § 12.3–102
Sales tax permit ✅ Md. Tax-General § 11–102
Warning signage on machine ✅ Md. Criminal Law § 10–107(e)
Local U&O or zoning approval ✅ (if applicable) Local code

SAMPLE WARNING SIGN TEXT

 As per Md. Criminal Law § 10–107(e):

“The sale of tobacco or vaping products to persons under 21 is prohibited. Valid government-issued photo ID is required.”

Sign must be placed on the vending machine, near the purchase interface.

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

 

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