Vape Vending Machines Sales Laws and Regulations in Maryland
Thinking of Launching a Vape Vending Machine in Maryland?
Here’s What You Need to Know First
Considering becoming a vape vending machine host in Maryland? 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.
Whether 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:
- Online via the Comptroller of Maryland
https://www.marylandtaxes.gov
→ Business Tax Resources → Tobacco Licensing & Permits
🔹 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.
Questions? Call us at +1 888-537-8273
