Considering becoming a vape vending machine host in Rhode Island? 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 Rhode Island.

Placement Restrictions

Under R.I. Gen. Laws § 11-9-13.16, vending machines may only be used to sell electronic nicotine-delivery systems (ENDS), which includes vapes and pouches, in adult-only facilities. Specifically:

“A person or retail establishment shall not sell or offer to sell an electronic nicotine-delivery system to a consumer through a self-service display or a vending machine unless the machine is located in a facility in which the dealer ensures that no person younger than twenty-one (21) years of age is present or permitted to enter at any time” .

Effectively, this prohibits vape vending machines in any location accessible to those under 21, unless staff-controlled access is enforced.

Licensing & Permitting Requirements

Under R.I. Gen. Laws § 44-20.1-2.1, any person selling electronic nicotine-delivery systems must register with the Rhode Island Division of Taxation:

“No person shall engage in the business of selling or distributing electronic nicotine-delivery systems or ENDS without first obtaining a license” .

Licenses must be renewed annually, and a separate license is required for each location where vending occurs.

Further, vending machine operators must comply with additional tax registration obligations through the Division of Taxation (see below).

Applicable Taxes & Fees

Rhode Island imposes the following:

1. Sales Tax – The general sales tax of 7% applies to all vape and nicotine pouch sales, including vending machine sales.
2. ENDS Excise Tax – Per R.I. Gen. Laws § 44-20.1-3, a tax of $0.80 per fluid milliliter of e-liquid applies to closed-system cartridges or prefilled devices.

Note: This applies only to ENDS containing nicotine; pouches may be subject to general taxation depending on classification.

Regulatory Authorities

Key agencies include:

• Rhode Island Division of Taxation
  • https://tax.ri.gov
  • Issues retail licenses and enforces excise/sales tax compliance.
• Rhode Island Department of Health
  • Regulates age restriction enforcement and public health policy, including vending placement compliance.
• Office of the Attorney General
  • May enforce consumer protection violations related to youth sales or improper machine placement.

Municipal Ordinances

Under R.I. Gen. Laws § 11-9-13.17, municipalities retain authority to enact stricter local laws, including complete bans or zoning limitations for vape vending. Providence and other cities may impose zoning restrictions or local licensing ordinances.

You must check with the city/town clerk or local board of health in the jurisdiction where the vending machine will operate.

Other Legal & Compliance Considerations

• Minimum Age to Purchase: Rhode Island enforces the federal minimum age of 21 under R.I. Gen. Laws § 11-9-13.8.
• Signage: Warning signs regarding age restrictions must be posted at each point of sale, including vending machines.
• Child-Resistant Packaging: Required by federal law and enforced at the state level.
• Online Registration: For tax purposes, vending operators must also register for a Sales Tax Permit through the RI Business Portal.

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