Vape Vending Machines Sales Laws and Regulations in Montana

Thinking of Launching a Vape Vending Machine in Montana?
Here’s What You Need to Know First

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

Placement Restrictions

Montana law does not currently provide a vending-machine-specific statute for vapor products. However, general provisions do apply:

  • Vapor products cannot be sold to anyone under 18, per Mont. Code Ann. § 16-11-305(1).
    ⚠️ Note: While state law still reads 18, federal law (Tobacco 21) preempts this and sets the minimum sales age at 21 nationwide.
  • If there is reasonable doubt of age, ID must be verified using a photo ID:
    “If there is reasonable doubt... the seller must require presentation of a driver’s license or other generally accepted identification that includes a picture of the individual.”
    Mont. Code Ann. § 16-11-305(2)
  • Montana law does not define or restrict vape vending machine placement in terms of age-controlled locations, supervision, or line-of-sight requirements as some other states do. That means the vending machine would still need to comply with general laws on age restrictions and possible local ordinances.

Licensing & Permitting Requirements

  1. Retail License Requirement:
    1. “A license issued by the Montana Department of Revenue is required to sell alternative nicotine products.”
      Mont. Code Ann. § 16-11-303
  2. License for Vending:
    1. While there is no vending-specific language for nicotine pouches or vapes in the Montana code, any sale of alternative nicotine products or vapor products requires a license, whether sold through a store or a vending machine.
  3. Business Registration:
    You must register your business with the Montana Secretary of State and the Montana Department of Revenue.

Applicable Taxes & Fees

  1. Excise Tax:
    As of now, Montana does not impose an excise tax specifically on vapor products or alternative nicotine products, though general sales tax (Montana does not have a state sales tax) and federal taxes may still apply.
  2. Local Option Taxes:
    Some cities or counties may impose local excise or licensing taxes, even though there is no statewide excise tax on vapor products. You must check with local city/county finance or health departments.

Regulatory Authorities

  • Montana Department of Revenue:
    Responsible for licensing and enforcement related to tobacco and vapor product retailing.
    https://mtrevenue.gov
  • Montana Secretary of State:
    Handles business formation and registration.
    https://sosmt.gov
  • Local County/City Governments:
    May impose additional rules for vending, placement, and zoning.

Municipal or City-Specific Ordinances

There is no preemption clause found in Montana’s tobacco or vape statutes. This means:

  • Cities and counties in Montana may impose their own restrictions on:
    • Placement of vending machines
    • Local licensing requirements
    • Distance from schools, parks, etc.

For example:

  • Missoula and Bozeman have passed tobacco retail licensing ordinances that may apply to vape vending machines.
  • Always check with the local city clerk or county health department where you plan to place the machine.

Legal Product Definitions

  • “Alternative nicotine product” is defined in Mont. Code Ann. § 16-11-302(1).
  • “Vapor product” is separately defined and includes electronic cigarettes and cartridges, even if they do not contain nicotine, as long as they are intended for use in the device.

Other Compliance Considerations

  • Child-resistant packaging and labeling may be federally required.
  • Products regulated by the FDA (e.g., nicotine pouches, e-liquids) must comply with federal labeling, marketing, and distribution rules.
  • Flavored product bans: As of this writing, Montana has no statewide ban on flavored vape or nicotine pouch products, but municipalities may impose such bans.

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

 

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