Considering becoming a vape vending machine host in New Mexico? 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 New Mexico.

1. Placement Restrictions (Vending Machines)

Statutory Authority:

“A person shall not sell tobacco products or nicotine products in vending machines except in areas where persons under twenty-one years of age are prohibited.”
N.M. Stat. Ann. § 30-49-4(A)

Interpretation:
Vape and nicotine vending machines can only be placed in locations strictly restricted to individuals 21 and older. This includes:

• Bars or lounges requiring ID at the entrance
• Clubs with controlled access
• Private workplaces with enforced age restrictions

2. Licensing & Permitting Requirements

🔹 Retail and Vending Machine Licensing

“No person shall engage in the business of manufacturing, distributing or selling tobacco products or nicotine products in this state unless the person has a license.”
N.M. Stat. Ann. § 61-37-3(A)

Issued by:
📌 New Mexico Regulation and Licensing Department (RLD) – Alcoholic Beverage Control Division, Tobacco Section
Website: www.rld.nm.gov

Application Details:

• Separate license required for each vending machine or location
• Annual renewal required
• Background check may be included

🔹 Vending Machine Identification (Tax)

Every vending machine operator must also register for Gross Receipts Tax with:

📌 New Mexico Taxation and Revenue Department (TRD)
Website: www.tax.newmexico.gov

Enforcement: Violations are classified as misdemeanors under N.M. Stat. Ann. § 30-49-5.

3. Taxes and Fees

🔸 Excise Tax (on Vapor and Nicotine Products)

“Excise tax is imposed at the rate of $0.50 per closed cartridge or container of e-liquid and 12.5% of the product value for open system e-liquids.”
N.M. Stat. Ann. § 7-12A-3 (2020)

• Applies to all retail sales, including through vending machines
• Must be paid by licensed vendors
• Collected and enforced by Taxation and Revenue Department (TRD)

🔸 Sales Tax / Gross Receipts Tax (GRT)

• GRT applies to sales of all tangible property sold in New Mexico
• Rates vary by location (typically ~5.125% to 9%)
• Operators are responsible for monthly filings

4. State Regulatory Bodies

Primary Oversight Agencies:

• New Mexico Regulation and Licensing Department (RLD)
  Handles: Vendor licensing and enforcement
  https://www.rld.nm.gov/boards-and-commissions/tobacco-products-act/
• New Mexico Taxation and Revenue Department (TRD)
  Handles: Excise taxes, GRT, vending tax registration
  https://www.tax.newmexico.gov/
• New Mexico Department of Health (DOH)
  Enforces underage sales violations and signage compliance
  https://www.nmhealth.org/

5. Municipal or City Ordinances

“A municipality or county shall not adopt ordinances regulating the sale, use, distribution or advertising of tobacco products or nicotine products that are more stringent than the provisions of the Tobacco Products Act.”
N.M. Stat. Ann. § 30-49-7

Implication:
Cities cannot create stricter laws, such as local flavor bans or age requirements. However, local business licenses and zoning permits may still be required. Always consult:

• City Clerk or Business Licensing Department
• Local zoning office

6. Additional Compliance Requirements

• Signage Requirement: A sign must be posted near vending machines:

"It is unlawful to sell nicotine or tobacco products to persons under 21 years of age."

Packaging:
All vape or nicotine liquid containers must be:

• Child-resistant
• Labeled with a nicotine warning (federal compliance)

Free Samples Prohibited:
Giving away or sampling nicotine/vape products is illegal in NM under N.M. Stat. Ann. § 30-49-3(A).

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