Considering becoming a vape vending machine host in Massachusetts? 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 Massachusetts.

1. Placement Restrictions – Vending Machines

Massachusetts General Laws Chapter 270, § 6

“No person shall sell or distribute a tobacco product, as defined in section 6 of chapter 270, or a nicotine delivery product, or a vapor product in a vending machine... unless the vending machine is located in an area to which persons under 21 years of age are not permitted access, or is under the continuous supervision of the owner or the owner's agent.”

Thus:

• Vape vending machines must be located in 21+ venues or
• Must be under continuous staff supervision
• Not allowed in general public or unsupervised access areas

105 CMR 665.010(A) (Massachusetts DPH Regulation)

“Self-service displays of tobacco products, including electronic nicotine delivery systems, are prohibited unless located in a retail tobacco store or smoking bar.”

• “Self-service” vending machines are included in this prohibition unless the machine is in a licensed adult-only tobacco shop or smoking bar.

2. Licensing & Permitting

Retail Tobacco Sales Permit

• Required from the local Board of Health in the city/town of operation
• Required for each location with a vending machine
• Governed under 105 CMR 665.000
• Must be renewed annually
• Local boards may cap the number of licenses or impose stricter zoning (see below)

Example:

Boston, Cambridge, Somerville have reduced or capped permits to control youth access.

3. Taxes and Registration

Sales Tax

• Massachusetts imposes a 6.25% sales tax on vapor products and nicotine pouches.

No Excise Tax (as of 2025)

• Unlike tobacco cigarettes, vapor products and pouches are not currently subject to a Massachusetts excise tax.

Registration

• All vending operators must register via MassTaxConnect with the Massachusetts Department of Revenue (DOR) to collect and remit sales tax.

4. Required Signage and Labeling

Under 105 CMR 665.010(F):

“A sign must be posted at every point of sale stating: ‘The sale of tobacco or nicotine products to persons under 21 is prohibited by law.’”

For vending machines, signage must be:

• Clearly visible
• Affixed to the machine
• Include age restriction language

5. Local Ordinances and Municipal Variations

Municipalities can (and do) impose stricter requirements than the state minimum:

Examples:

• Boston: Prohibits sale of flavored tobacco products (including flavored vapes and pouches), regardless of vending method.
• Somerville: Caps the number of permits; prohibits sale of tobacco/nicotine in pharmacies and near schools.
• Brookline: Prohibits sale to anyone born after January 1, 2000 — effectively phasing out tobacco product sales over time.

These local ordinances are authorized under M.G.L. c. 111, § 31, which gives Boards of Health broad regulatory powers.

Summary Compliance Checklist

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