Is Vape Vending Legal?

Are Vape Vending Machines Legal? Your Complete State-by-State Legal Compliance Guide

Vape machines are legal in many states, provided businesses comply with rigorous federal, state, and local laws. With regulatory scrutiny intensifying in 2026, understanding legal requirements related to placement restrictions, permits and licensing requirements, excise nicotine taxes, age verification, and product selection is essential for vape machine and nicotine pouch vending operators.

Disclaimer: This content is for informational purposes only and is not legal or compliance advice. No attorney–client relationship is formed. Laws and regulations change and vary by jurisdiction. Information is provided “as is,” without warranties. Links to third-party sites are for convenience and do not constitute endorsement; we are not responsible for their content. Consult official government resources and your attorney for guidance specific to you.

Federal Vape Vending Machine Regulations

At the national level, vape vending falls under the Family Smoking Prevention and Tobacco Control Act and FDA oversight, categorizing vape and e-cigarette products as tobacco products.

State-by-State Vape Vending Machine Laws & Permits

While federal law sets the minimum standard, state laws vary widely in their stringency and enforcement. Some states require: specific retail licenses or tobacco permits, excise taxes, on-site employee supervision, and restrictions on vape machine placement.

To help you navigate this, VapeTM maintains a state-by-state compliance directory. Use the grid below to jump to your state.

Understanding Vape Taxes
Types, Rates, and State-Specific Variations

As of mid-2025, more than 32 states and the District of Columbia have enacted excise taxes on vaping products. Staying compliant means checking the latest state tax laws before installing or managing vape machines.

Ad Valorem Taxes

Levied as a percentage of the wholesale or retail price.

Example: Minnesota 95% wholesale • Vermont 92% wholesale.

Volume-Based Taxes (Ad Quantum)

Calculated per unit or milliliter.

Example: Connecticut $0.40/mL • Delaware/Kansas $0.05/mL.

State-by-State Vaping Tax Guide for 2026

For the full list of updated tax rates and regulations, visit our State-by-State Tax on Vapor Products page.

Contact VapeTM Today

Questions? Call us at +1 888-537-8273

50-State Comprehensive Cheat Sheet

Verbatim statutory text for every jurisdiction — searchable, filterable, sourced directly from Justia Law and official .gov legislative databases.

Legal Reference · Verbatim Statutes · All 50 States + Federal

Vape & Nicotine Pouch
Vending Machine Laws

Verbatim statutory text governing vending machine sales of e‑cigarettes, vapor products, and alternative nicotine products across all 50 states and federal law. Sourced from Justia Law and official .gov legislative databases.

51 Jurisdictions

50 States + Federal

Verbatim Statutes Only

Updated April 2026

Federal Law Banned — No Exceptions Not Prohibited (conditions apply)

State / Jurisdiction	Summary	Product Definitions (Vapes & Nicotine Pouches)	Vending Machine Regulation or Prohibition	Sources
🇺🇸 FEDERAL	Federal law classifies ENDS/e-cigarettes as tobacco products under FDA jurisdiction. Vending machine sales of covered tobacco products restricted to adult-only facilities (no person under 21 permitted at any time). Federal minimum age for all tobacco product sales is 21.	"Tobacco product" means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory. (21 U.S.C. § 387a(b)) ENDS/e-cigarettes are "deemed" tobacco products under the 2016 FDA Deeming Rule. "Electronic nicotine delivery systems" include e-cigarettes, e-hookah, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes. (81 Fed. Reg. 28,974)	21 C.F.R. § 1140.16(c): No manufacturer, distributor, or retailer may sell any covered tobacco product through a vending machine unless the vending machine is located in a facility where the retailer ensures that no person younger than 21 years of age is present, or permitted to enter, at any time. Further Consolidated Appropriations Act, 2020, § 603: It shall be unlawful for any retailer to sell tobacco products to any person younger than 21 years of age.	www.ecfr.gov www.federalregister.gov
Alabama	Alabama explicitly covers ENDS and alternative nicotine products in its vending machine statute alongside tobacco. Machines must be in 21+ areas or operated through a permit-holder-controlled device. No co-mingling with non-nicotine products.	"Electronic nicotine delivery system" and "alternative nicotine product" are expressly covered alongside tobacco products. (Ala. Code § 28-11-6.1)	Ala. Code § 28-11-6.1: (a) No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be distributed by use of a vending machine unless the machine: (1) Is located in an area in which individuals under the age of 21 years are not permitted access; or (2) Dispenses tobacco, tobacco products, alternative nicotine products, or electronic nicotine delivery systems through the operation of a device that requires the tobacco permit holder or an employee of the permit holder to control the distribution of the product. (b) No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be distributed at retail by use of a vending machine if placed together with any non-tobacco product or non-nicotine product, other than matches, in the machine.	law.justia.com
Alaska	Alaska prohibits maintaining vending machines dispensing electronic smoking products or nicotine products unless located in a licensed bar/club/package store under continuous employee supervision, or in a private employee break room with posted warning. Separate offense for failure to supervise. Business license endorsement required for vending machine operators.	"Electronic smoking product" means any product containing or delivering nicotine or any other substance intended for human consumption through inhalation of vapor or aerosol, of any size or shape, whether manufactured as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other product name; or a component, solution, alternative tobacco product, e-liquid, e-juice, vapor product, flavoring, or other related product. (Alaska Stat. § 11.81.900(b)(23))	Alaska Stat. § 11.76.109(a)(3): A person commits the offense of selling or giving an electronic smoking product or a product containing nicotine to a minor if the person... (3) maintains a vending machine that dispenses electronic smoking products or products containing nicotine. Alaska Stat. § 11.76.109(d): ...a person who maintains a vending machine is not in violation of (a)(3) if the vending machine is located (1) on premises licensed as a beverage dispensary, club, or package store; and (A) as far as practicable from the primary entrance; and (B) in a place that is directly and continually supervised by a person employed on the licensed premises during the hours the vending machine is accessible to the public; or (2) in an employee break room...with a posted warning sign at least 11 inches by 8.5 inches. Alaska Stat. § 11.76.107: Failure to supervise a vending machine is a violation punishable by a fine of not less than $300. Alaska Stat. § 43.70.075(a): A person may not sell or allow a vending machine to sell tobacco products, electronic smoking products, or products containing nicotine without a business license endorsement for each location.	law.justia.com law.justia.com law.justia.com
Arizona	Arizona restricts tobacco product vending machines to adult-only establishments or non-public employee lounges. Requires minimum 80 sq-in warning sign. Local governments may impose stricter standards. Violation is a petty offense.	"Vapor product" means a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges. (A.R.S. § 13-3622 (2013 def.))	A.R.S. § 36-798.02: A. A person shall not sell tobacco products through a vending machine unless the vending machine is located in either: [an adult-only establishment; or] an employee lounge area that is not open to the public and the business in which the lounge area is located does not employ minors. B. A sign measuring at least eighty square inches shall be obviously affixed to the front of each vending machine. The sign shall state in block letters that it is illegal for a person who is under twenty-one years of age to purchase cigarettes or tobacco products and, on conviction, a fine of up to $300 may be imposed. C. This article does not invalidate or prohibit adoption of an ordinance by a county, city or town to further restrict the location of vending machines... D. A person who violates this section is guilty of a petty offense.	law.justia.com
Arkansas	Arkansas expressly prohibits placement of tobacco, vapor product, alternative nicotine product, or e-liquid vending machines in any public place. Permitted only in restricted non-public business areas, 21+ licensed alcohol premises, or under owner/employee supervision. Signage required. Violation subject to penalties under § 26-57-256.	"Vapor product" and "alternative nicotine product" are expressly defined and regulated. "Alternative nicotine product" includes nicotine pouches (tobacco-free, oral nicotine). "E-liquid product" separately defined. (Ark. Code § 5-27-227 definitions)	Ark. Code Ann. § 5-27-227(h): (h)(1)(A) Except as provided in (h)(2), it is unlawful for any person who owns or leases a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine to place such a vending machine in a public place. (B) "Public place" means a publicly or privately owned place to which the public or a substantial number of people have access. (2) A tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine may be placed in a: (A) Restricted area within a factory, business, office, or other structure to which a member of the general public is not given access; (B) Permitted premises with a permit for on-premises alcoholic beverage consumption that restricts entry to persons 21 or older; or (C) Place where the machine is under the supervision of the owner or an employee. § 5-27-227(e): It is unlawful to fail to display on each vending machine a sign indicating that the sale of tobacco products, vapor products, alternative nicotine products, e-liquid products to a minor is prohibited by law.	law.justia.com
California	California generally prohibits all tobacco product vending machines except within licensed on-sale alcohol premises (bars), where machines must be at least 15 feet from the entrance inside the premises. Local governments may impose complete bans.	California's tobacco product definition includes e-cigarettes and vapor products under general retail law. See Cal. Health & Safety Code § 104495 for electronic cigarette definition.	Cal. Bus. & Prof. Code § 22960: (a) Except as provided in subdivision (b), no cigarette or tobacco product shall be sold, offered for sale, or distributed from a vending machine or appliance, or any other coin or token operated mechanical device... (b)(1) Cigarette or tobacco product vending machines or appliances may be located at least 15 feet away from the entrance of a premise issued an on-sale public premises license by the Department of Alcoholic Beverage Control to sell alcoholic beverages. (2) "At least 15 feet away from the entrance" means within the premises and not outside those premises. (c) This section sets forth minimum state restrictions and does not preempt local standards that further restrict or impose a complete ban on vending machines. A local standard shall control in the event of any inconsistency.	law.justia.com
Colorado	Colorado effectively bans tobacco, tobacco products, and nicotine product vending machines except for cigarettes in age-restricted areas of licensed gaming establishments. Nicotine products (which include vapor products) are expressly included in the prohibition.	"Nicotine products" includes vapor products / e-cigarettes under Colorado law. (Colo. Rev. Stat. § 44-7-101)	Colo. Rev. Stat. § 44-7-103(2): A retailer shall not sell or offer to sell any cigarettes, tobacco products, or nicotine products by use of a vending machine or other coin-operated machine; except that cigarettes may be sold at retail through vending machines only in an age-restricted area of a licensed gaming establishment, as defined in section 44-30-103(18). § 44-7-103(3): Warning sign required on any vending or coin-operated machine reading: IT IS ILLEGAL TO SELL CIGARETTES, TOBACCO PRODUCTS, OR NICOTINE PRODUCTS TO ANY PERSON UNDER TWENTY-ONE YEARS OF AGE...	law.justia.com
Connecticut	Connecticut requires dealer registration for ENDS/vapor product retailers under Ch. 420g. A specific vending machine placement statute for ENDS was not identified in Justia as of this compilation. Operators should consult the CT Dept. of Consumer Protection.	Connecticut regulates "electronic nicotine delivery systems" and "vapor products" under Chapter 420g (Conn. Gen. Stat. § 21a-415 et seq.).	Conn. Gen. Stat. § 21a-415: Requires registration for each place of business where electronic nicotine delivery systems or vapor products are sold, offered for sale, or possessed with intent to sell. No specific vending machine placement statute for ENDS/vapor products was returned in Justia search results. Connecticut prohibits sales to persons under 21.	law.justia.com
Delaware	Delaware prohibits tobacco and tobacco substitute vending machines in public places. Permitted in taprooms, taverns, tobacco shops, and 21+ premises. Machine must be at least 25 feet from entrance and directly visible to owner/supervisor. Tobacco substitutes expressly include ENDS/vapor devices.	"Tobacco substitute" means an electronic smoking device employing a mechanical heating element, battery, or circuit to produce aerosol or vapor for inhalation, including liquids with or without nicotine. Does not include FDA-authorized drugs or devices. "Vending machine" means any mechanical, electronic or other similar device which automatically dispenses tobacco products or tobacco substitutes, usually upon the insertion of a coin, token or slug. (Del. Code tit. 11, § 1115(11)–(12))	Del. Code Ann. tit. 11, § 1119: (a) It shall be unlawful for any person to distribute or permit the distribution of tobacco products or tobacco substitutes through the operation of a vending machine in a public place, except as provided in subsection (b). (b) A person may distribute tobacco products or tobacco substitutes through a vending machine in a taproom, tavern, tobacco shop or in premises in which an individual who has not attained the age of 21 years is prohibited by law from entering. A tobacco vending machine must be operated a minimum of 25 feet from any entrance to the premises and must be directly visible to the owner or supervisor of the premises.	law.justia.com delcode.delaware.gov
Florida	Florida requires a per-location retail nicotine products dealer permit for vending machine operators. Machines must have operational lockout devices controlled by the dealer or employee. The lockout must dispense only one product at a time. Adult-only establishments are exempt from the lockout device requirement.	"Nicotine product" includes any nicotine dispensing device, which expressly covers e-cigarettes and vapor products. (Fla. Stat. § 569.31 definitions)	Fla. Stat. § 569.32(1)(a): Each person that seeks to allow a nicotine products vending machine to be located on its premises must obtain a retail nicotine products dealer permit for each place of business. Each dealer owning, leasing, furnishing, or operating vending machines through which nicotine products are sold must obtain a permit for each machine and shall post the permit in a conspicuous place on or near the machine. Fla. Stat. § 569.37: Nicotine device sales only permissible from a machine equipped with an operational lockout device under the control of the dealer, dealer's agent, or employee. The lockout device must include: (1) a mechanism to restrict the machine from operating if the power source does not work or the device is disabled; and (2) a mechanism to ensure a single nicotine product is dispensed at a time. A dealer does not need a lockout device at establishments that prohibit persons under 21.	law.justia.com
Georgia	Georgia permits vending machines for cigarettes, tobacco, alternative nicotine products, and vapor products only in adult-only locations, locations with 21+ restrictions, places selling alcohol, or under continuous employee supervision. Required signage, no co-mingling with non-tobacco products. Misdemeanor for violations.	Georgia separately defines "alternative nicotine products" and "vapor products" and both are expressly regulated alongside tobacco in the vending machine statute. (Ga. Code § 16-12-170 definitions)	Ga. Code Ann. § 16-12-173: (a)(1) Any person that maintains a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall place on such vending machine: "THE PURCHASE OF CIGARETTES, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS FROM THIS VENDING MACHINE BY ANY INDIVIDUAL UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW." (2) Such vending machine shall not dispense any other type of product, other than matches. (e)(1) Such vending machines shall not be permitted except: (A) In locations not readily accessible to individuals under 21 years, including: (i) Factories, businesses, offices, and other places not open to the general public; (ii) Places open to the general public which do not admit individuals under 21 years; and (iii) Places where alcoholic beverages are offered for sale; (B) In areas in the immediate vicinity, in plain view, and under the continuous supervision of the proprietor or an employee; and (C) In rest areas adjacent to roads and highways.	law.justia.com
Hawaii	Hawaii prohibits cigarette vending machines except in bars, cabarets, or 18+ admission establishments. Electronic smoking devices are regulated separately with required signage. Business location definition expressly includes vending machines. Retail tobacco permit required.	"Electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including e-cigarettes, e-cigars, e-cigarillos, or e-pipes and any cartridge or other component. "Tobacco product" includes electronic smoking devices. (Haw. Rev. Stat. § 712-1258(7); § 245-1)	Haw. Rev. Stat. § 328J-16(a): The sale or distribution of cigarettes is prohibited: (1) From cigarette vending machines unless the vending machine is located in a bar, cabaret, or any establishment for which the minimum age for admission is eighteen. (b) Violations are subject to a fine of up to $1,000 per day. Haw. Rev. Stat. § 712-1258(4): Signs stating "The sale of tobacco products or electronic smoking devices to persons under twenty-one is prohibited" shall be posted on or near any vending machine in letters at least one-half inch high.	law.justia.com law.justia.com
Idaho	Idaho requires permitting for tobacco products and electronic smoking devices retailers (§ 39-5704). A specific vending machine placement statute was confirmed in title but full operative text was not returned. Operators should consult legislature.idaho.gov.	Idaho Code § 39-5701 defines "tobacco product" and "electronic smoking device."	Idaho Code § 39-5704 — PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES RETAILERS. [Full operative text not returned in search results. Title confirms permitting requirements apply to vending machine operators as retailers. Operators should retrieve complete current text at legislature.idaho.gov.]	law.justia.com
Illinois	Illinois permits vending machine sales of tobacco, electronic cigarettes, and alternative nicotine products only in specific locations (no non-tobacco co-mingling) and in compliance with the youth access statute. Permitted in places where alcoholic beverages are sold and consumed on the premises under direct owner/manager supervision.	"Electronic cigarette" means: (1) any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (2) any cartridge or container of a solution or substance intended to be used with or in the device; or (3) any solution or substance, whether or not it contains nicotine, intended for use in the device. "Alternative nicotine product" means a product not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. (720 ILCS 675/1)	720 ILCS 675/1(b): Tobacco products, electronic cigarettes, and alternative nicotine products may be sold through a vending machine only if such products are not placed together with any non-tobacco product, other than matches, in the vending machine and the vending machine is in any of the following locations: ... (3) Places where alcoholic beverages are sold and consumed on the premises and vending machine operation is under the direct supervision of the owner or manager. 720 ILCS 677/15: This Act does not prohibit the sale of tobacco products, electronic cigarettes, or alternative nicotine products from vending machines if the location of the vending machines are in compliance with the provisions of Section 1 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act.	law.justia.com law.justia.com
Indiana	Indiana requires specific warning notices on tobacco and electronic cigarette vending machines located in public places. Machines must display three required notices including the age prohibition, health warning, and a quit-smoking helpline number.	"Electronic cigarette" is expressly included alongside tobacco in the vending machine notice statute. (Ind. Code § 35-46-1-11)	Ind. Code § 35-46-1-11(a): A tobacco or electronic cigarette vending machine that is located in a public place must bear the following conspicuous notices: (A) reading: "If you are under 21 years of age, YOU ARE FORBIDDEN by Indiana law to buy tobacco or electronic cigarettes from this machine."; (2) A notice reading: "Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight."; (3) A notice printed in letters and numbers at least one-half (1/2) inch high that displays a toll free phone number for assistance to callers in quitting smoking.	law.justia.com
Iowa	Iowa prohibits the sale, gift, or supply of tobacco, alternative nicotine products, or vapor products to any person under 21. Iowa's tobacco chapter expressly covers vapor products and alternative nicotine products. A cigarette vendor is defined as a person responsible for furnishing, installing, servicing, operating, or maintaining cigarette vending machines.	"Vapor product" means any noncombustible product, which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other substance including an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any cartridge or other container of a solution or other substance. (Iowa Code § 453A.1(29)) "Alternative nicotine product" means a product, not consisting of or containing tobacco, that provides for the ingestion of nicotine, whether by chewing, absorbing, dissolving, inhaling, snorting, or sniffing, or by any other means. (Iowa Code § 453A.1)	Iowa Code § 453A.2: 1. A person shall not sell, give, or otherwise supply any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under twenty-one years of age. 2. A person under twenty-one years of age shall not smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes.	law.justia.com www.legis.iowa.gov
Kansas	Kansas requires a master vending machine operator license plus a separate permit for each vending machine dispensing cigarettes or electronic cigarettes. The permit must be visibly attached to the machine. Key to lower storage compartment must remain with the operator. Machines must be constructed to show tax indicia.	Kansas expressly includes "electronic cigarettes" in vending machine operator licensing requirements. (Kan. Stat. Ann. § 79-3303(a) (2014))	Kan. Stat. Ann. § 79-3303: (a) Each person engaged in the business of selling cigarettes or electronic cigarettes in the state of Kansas and each vending machine distributor shall obtain a license as provided by this act. A vending machine operator is required to obtain a vending machine operator's master license and, in addition, a separate permit for each vending machine operated by the operator. The license shall be displayed in the dealer establishment and the vending machine permit shall remain securely and visibly attached to the vending machine. No permit shall be issued for a vending machine unless it is constructed so that at least one package of each vertical column of cigarettes located therein is visible showing tax indicia. (d) The key to the lower or storage compartment of a vending machine shall remain only in the possession of the vending machine operator or the operator's authorized agent. All vending machines shall be subject to inspection by the director or the director's authorized agents.	law.justia.com
Kentucky	Kentucky KRS § 438.315 expressly governs vending machine sales of tobacco products, alternative nicotine products, and vapor products, prohibiting sales to or purchases by persons under age 18 and specifying location requirements. Full operative text must be obtained from the Kentucky Legislature.	Kentucky defines "vapor products" and "alternative nicotine products" separately from tobacco. (KRS § 438.305 definitions)	Ky. Rev. Stat. Ann. § 438.315 — Title: "Sales of tobacco products, alternative nicotine products, or vapor products to or purchases by persons under age 18 from vending machine prohibited — Location of vending machine — Penalty — Issuance of uniform citation." [Full operative text not returned in search results. Retrieve at legislature.ky.gov.]	law.justia.com
Louisiana	Louisiana prohibits vending machine sales of tobacco, alternative nicotine products, and vapor products unless in a 21+ establishment or within line-of-sight of a responsible employee. Required 22-pt type signage. Permit required per vending machine. Vapor products require PMTA-based directory registration.	"Vapor product" means any noncombustible product containing nicotine or other substances that employ a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, used to produce vapor from nicotine in a solution or other form. Includes any electronic cigarette, cigar, cigarillo, pipe, or similar product or device. (La. R.S. § 26:901) "Vending machine" means any mechanical, electric, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, automatically dispenses tobacco products, alternative nicotine products, or vapor products. (La. R.S. § 26:901(33))	La. R.S. § 26:910: The sale or delivery of tobacco products, alternative nicotine products, or vapor products through a vending machine is prohibited unless: (1) The machine is located in an establishment to which persons under 21 are denied access; OR (2) The machine is located in facilities where the dealer ensures no person younger than 21 is present or permitted to enter at any time and the machine is within the unobstructed line of sight of a dealer or dealer's agent responsible for preventing underage purchases. La. R.S. § 14:91.8(D): It is unlawful for a vending machine operator to place in use a vending machine to vend any tobacco product, alternative nicotine product, or vapor product automatically, unless the machine displays a sign or sticker in not less than twenty-two-point type on the front of the machine stating: "LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER AGE 21." La. R.S. § 26:906(A): A permit required for each place of business and each vending machine.	law.justia.com law.justia.com law.justia.com
Maine	Maine permits tobacco product vending machines only when under the unobstructed line-of-sight and direct supervision of an adult at all times, in areas where minors are only allowed when accompanied by an adult. Required signage. Only tobacco products may be dispensed.	Maine's vending machine statute covers "cigarettes or any other tobacco product." ENDS/vapor products are regulated under the tobacco chapter (Me. Rev. Stat. tit. 22, § 1551 et seq.).	Me. Rev. Stat. tit. 22, § 1553-A: In addition to the tobacco license required in section 1551-A, the sale of cigarettes or any other tobacco product through a vending machine is subject to the following provisions: 1. Vending requirements: (A) Only cigarettes or any other tobacco products may be dispensed by that machine. (B) A sign must be affixed conspicuously to the front of the machine containing lettering at least 3/8 inches in height stating: "WARNING. It is unlawful for any person under the age of 18 to purchase cigarettes in this State." (C) At all times during the hours the vending machine is accessible, it must be located within the unobstructed line of sight and under the direct supervision of an adult. That adult is responsible for preventing persons under 18 years of age from purchasing from that vending machine. Vending machines may be located only in areas in which minors are allowed only when accompanied by an adult. 2. Penalty: Civil violation, forfeiture of not less than $100 nor more than $500, or prohibition for not more than 6 months.	law.justia.com
Maryland	Maryland nearly completely prohibits tobacco product vending machines — permitted only in establishments that individuals under 21 are prohibited by law from entering at any time. Required labeling on each vending machine including operator identification.	Maryland regulates tobacco products; ENDS/vapor products are subject to similar age restrictions and dealer requirements. (Md. Code, Bus. Reg. § 16-101 et seq.)	Md. Code, Bus. Reg. § 16-3A-02: A person may not sell or dispense or offer to sell or dispense a tobacco product through a vending machine in the State, unless the vending machine is located in an establishment that individuals under the age of 21 years are prohibited by law from entering at any time. Md. Code, Bus. Reg. § 16-209: A licensee shall: (i) identify each vending machine with a conspicuous label that states the licensee's name, address, and telephone number; and (ii) display on a conspicuous label applicable prohibitions and penalties under § 10-107 of the Criminal Law Article.	law.justia.com law.justia.com
Massachusetts	Massachusetts requires a vending machine operator license for cigarette vending machines. Machines must have commissioner-issued disc or marker. Vending machines prohibited to persons under 21. Sign required. ENDS/vapor products are classified as "tobacco products" under Massachusetts law.	"Tobacco product" includes any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization. (Mass. Gen. Laws ch. 270, § 6)	Mass. Gen. Laws ch. 64C, § 10: No person shall have in his possession a machine for vending cigarettes for a period in excess of seventy-two hours unless there shall be attached to the same a disc or marker as provided by section two... Any operator of a vending machine for the sale of cigarettes or tobacco and any owner or tenant of a location where a vending machine is located who shall permit any person under 21 to use such machines, shall be punished by a fine of not more than fifty dollars. Each vending machine containing cigarettes or tobacco shall have attached on the front of it a notice to be furnished by the commissioner reading "Persons under 21 are prohibited from using this machine", and any person owning or operating a vending machine who fails to display such a notice shall be punished by a fine of not more than fifty dollars.	law.justia.com malegislature.gov
Michigan	Michigan prohibits the sale, gift, or furnishing of tobacco products, vapor products, or alternative nicotine products to a minor, expressly including through a vending machine. Violation is a misdemeanor.	Michigan expressly defines and regulates "vapor product" and "alternative nicotine product" alongside tobacco. (Mich. Comp. Laws § 722.641 et seq.)	Mich. Comp. Laws § 722.641(1): A person shall not sell, give, or furnish a tobacco product, vapor product, or alternative nicotine product to a minor, including, but not limited to, through a vending machine. A person who violates this subsection or subsection (8) is guilty of a misdemeanor punishable by a fine...	law.justia.com
Minnesota	Minnesota defines "electronic delivery device" broadly to include all vape products and requires a two-year licensing period. Retail license required. A "place of business" expressly includes vending machines. Minnesota imposes a 95% wholesale tax on tobacco products including vapor products.	"Electronic delivery device" means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Includes devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, mods, tank systems, or under any other product name. (Minn. Stat. § 609.685(1)(c)) "Nicotine solution products" means any cartridge, bottle, or other package that contains nicotine, including nicotine made or derived from tobacco or sources other than tobacco, that is in a solution consumed through a heating element, power source, electronic circuit, or other means that produces vapor or aerosol. (Minn. Stat. § 297F.01 Subd. 22b)	Minn. Stat. § 297F.01 Subd. 13: "Place of business" means a place where cigarettes or tobacco products are sold or where cigarettes or tobacco products are manufactured, stored, or kept for the purpose of sale or consumption, including any vessel, vehicle, airplane, train, or vending machine. Minn. Stat. § 609.685: Prohibits sale of tobacco products, electronic delivery devices, and nicotine solution products to persons under 21. Vending machine operators must ensure compliance.	law.justia.com law.justia.com
Mississippi	Mississippi prohibits tobacco product vending machines unless in establishments where persons under 18 are denied access or required to be accompanied by an adult. Penalty up to $250.	Mississippi law covers tobacco products; vapor products and alternative nicotine products are regulated separately under the Youth Tobacco Access Prevention Act.	Miss. Code Ann. § 97-32-15: It shall be unlawful for any person to sell tobacco products through a vending machine, unless the vending machine is located in an establishment to which individuals under the age of eighteen (18) years are denied access or are required to be accompanied by an adult. A person who violates this section shall be punished by a penalty of not more than Two Hundred Fifty Dollars ($250.00).	law.justia.com
Missouri	Missouri requires all vending machines dispensing tobacco, alternative nicotine, or vapor products to be within line-of-sight and under direct adult supervision, or equipped with a lockout device. Lockout must allow only a single sale per activation. Exemption for non-public locations.	Missouri expressly covers "alternative nicotine products" and "vapor products" in addition to tobacco in its vending machine statute. (Mo. Rev. Stat. § 407.931)	Mo. Rev. Stat. § 407.931(1): It shall be unlawful for any person to sell, provide or distribute tobacco products, alternative nicotine products, or vapor products to persons under eighteen years of age. § 407.931(2): All vending machines that dispense tobacco products, alternative nicotine products, or vapor products shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than eighteen years of age from purchasing from such machine OR shall be equipped with a lock-out device to prevent the machines from being operated until the person responsible for monitoring sales disables the lock. Such locking device shall be of a design that prevents it from being left in an unlocked condition and which will allow only a single sale when activated. A locking device shall not be required on machines that are located in areas where persons less than eighteen years of age are not permitted or prohibited by law. Nothing in this section shall apply to a vending machine if located in a factory, private club or other location not generally accessible to the general public.	law.justia.com
Montana	Montana requires a retail license for all sales of tobacco products, alternative nicotine products, or vapor products — whether over the counter or by vending machine. No separate vending machine placement restriction identified; the license requirement applies universally.	Montana expressly covers "alternative nicotine products" and "vapor products" in its retail licensing statute. (Mont. Code Ann. § 16-11-303)	Mont. Code Ann. § 16-11-303: (1) A person may not sell tobacco products, alternative nicotine products, or vapor products at retail, whether over the counter, by vending machine, or otherwise, without a license obtained from the department of revenue. (2) A license for the retail sale of tobacco products, alternative nicotine products, or vapor products may be obtained from the department of revenue. (3) The fee collected by the department must be deposited in the general fund.	law.justia.com
Nebraska	Nebraska's legislature expressly intended to ban vending machines dispensing tobacco products in all public areas. Statute extends to electronic nicotine delivery systems and alternative nicotine products. Permitted only in non-public business areas or on licensed alcohol premises in the same room as alcohol dispensing.	Nebraska expressly covers "electronic nicotine delivery systems" and "alternative nicotine products" in its vending machine statute. (Neb. Rev. Stat. § 28-1429.02 (2022))	Neb. Rev. Stat. § 28-1429.01: It is the intent of the Legislature to ban the use of vending machines and similar devices to dispense tobacco products in facilities, buildings, or areas which are open to the general public within Nebraska. Neb. Rev. Stat. § 28-1429.02: (1) Except as provided in subsection (2), it shall be unlawful to dispense cigarettes, other tobacco products, electronic nicotine delivery systems, or alternative nicotine products from a vending machine or similar device. Violation is a Class III misdemeanor. Second offense: 6-month license suspension. Third or subsequent offense: permanent license revocation. (2) Permitted when such machine is located in: (A) an area, office, business, plant, or factory which is not open to the general public; OR (B) on licensed alcohol premises for on-premises consumption in the same room in which the alcoholic liquor is dispensed. (3) Local governing bodies may establish ordinances at least as stringent as this section.	law.justia.com law.justia.com
Nevada	Nevada prohibits self-service cigarette displays except for vending machines complying with NRS 202.2494. Cigarette vending machines may not be used to dispense non-tobacco products. Age verification signage required for all tobacco, vapor, and alternative nicotine products.	"Vapor product" means any noncombustible product containing nicotine or any other substance that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size, that can be used to produce vapor from nicotine or any other substance in a solution or other form... including an electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device; and the components of such a product or device. (Nev. Rev. Stat. § 370.054)	Nev. Rev. Stat. § 202.2494(2): A coin-operated vending machine containing cigarettes must not be used to dispense any product not made or derived from tobacco. Nev. Rev. Stat. § 202.2493(3): It is unlawful for any retailer to sell cigarettes through the use of any type of display: (a) Which contains cigarettes and is located in any area to which customers are allowed access; and (b) From which cigarettes are readily accessible to a customer without the assistance of the retailer, except a vending machine used in compliance with NRS 202.2494. Nev. Rev. Stat. § 202.2493(2)(a): Required signage: The sale of cigarettes, any product containing, made or derived from tobacco, vapor product, alternative nicotine product or product containing, made or derived from nicotine to persons under 21 years of age is prohibited by law.	law.justia.com law.justia.com law.justia.com
New Hampshire	New Hampshire requires persons monitoring tobacco vending machine sales to demand proof of age from any purchaser appearing under 21. Prohibits sales of tobacco products, e-cigarettes, e-liquid, and alternative nicotine products to persons under 21. Vending machine operators are specifically identified in the licensing framework.	"Tobacco products" means any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including but not limited to cigarettes, e-cigarettes, loose tobacco, smokeless tobacco, and cigars. Does not include premium cigars or FDA-approved cessation products. (N.H. Rev. Stat. Ann. § 175:1 LXIV-d) "Vending machine" means any self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco, cigarettes, or any other tobacco product. (N.H. Rev. Stat. Ann. § 126-K:2(XII))	N.H. Rev. Stat. Ann. § 126-K:3: Any person responsible for monitoring sales from a tobacco vending machine...which vending machine or other sale is to be made to any person who does not appear to be at least 21 years of age, shall require the purchaser to furnish documentation that such person is 21 years of age or over. N.H. Rev. Stat. Ann. § 126-K:4: No person shall sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products, e-cigarettes, e-liquid, or alternative nicotine products to a person who has not attained 21 years of age. The prohibition shall not be deemed to prohibit persons who have not attained 21 years of age employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products during the duration of their employment.	law.justia.com gc.nh.gov gc.nh.gov
New Jersey	New Jersey expressly bans flavored vapor product sales via vending machines. No retailer — directly, through an agent, or through a vending machine — may sell any characterizing-flavored vapor product. Penalties escalate per violation.	"Vapor product" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Vapor product" includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. Does not include FDA-approved drugs/devices. (N.J. Rev. Stat. § 2A:170-51.12)	N.J. Rev. Stat. § 2A:170-51.12(1)(a): No retailer, either directly or indirectly by an agent or employee, or by a vending machine owned by the retailer or located in the retailer's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person any vapor product that has a characterizing flavor. Penalties: Not less than $500 for first violation, $1,000 for second, $2,000 for third and each subsequent violation.	law.justia.com
New Mexico	No specific vending machine placement statute for vapor products or alternative nicotine products was located in Justia or official .gov sources. N.M. Stat. Ann. § 30-49-3 prohibits sale of tobacco products and alternative nicotine products to persons under 21.	New Mexico regulates "alternative nicotine products" alongside tobacco products. (N.M. Stat. Ann. § 30-49-1 definitions)	N.M. Stat. Ann. § 30-49-3: Governs sale of cigarettes, tobacco products, or alternative nicotine products to persons under 21. [Specific vending machine placement statute not located. Operators should consult the New Mexico Legislature at nmlegis.gov.]	nmlegis.gov
New York	New York restricts electronic cigarette vending machines to bars, private clubs, tobacco businesses, and qualifying workplaces. Flavored vapor products (with nicotine) prohibited statewide via vending machines and other channels. Certificate of Registration required per vending machine.	"Electronic cigarette" means an electronic device that delivers vapor which is inhaled by an individual user, and includes any refill, cartridge and any other component of such a device. (N.Y. Pub. Health Law § 1399-aa(13)) "Vapor products" means any noncombustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette. (N.Y. Pub. Health Law § 1399-aa(17))	N.Y. Pub. Health Law § 1399-dd: No person, firm, partnership, company or corporation shall operate a vending machine which dispenses tobacco products, herbal cigarettes or electronic cigarettes unless such machine is located: (a) in a bar, or the bar area of a food service establishment with a valid, on-premises full liquor license; (b) in a private club; (c) in a tobacco business; or (d) in a place of employment which has an insignificant portion of its regular workforce comprised of people under the age of twenty-one years and only in such locations that are not accessible to the general public; provided, however, that the vending machine is located in plain view and under the direct supervision and control of the person in charge. N.Y. Pub. Health Law § 1399-mm-1(2): Sale of flavored vapor products intended to be used for the consumption of nicotine prohibited.	law.justia.com health.ny.gov
North Carolina	North Carolina requires removal of vending machines distributing tobacco-derived products, vapor products, or components of vapor products in establishments not meeting minimum access restrictions. Violation is a Class 2 misdemeanor. Vending machines exempted from alternative nicotine product preemption provision.	"Alternative nicotine product" and "vapor product" are defined and regulated under N.C. Gen. Stat. § 14-313. Vapor products must be certified by the Secretary of Revenue and listed on a state directory starting March 1, 2025.	N.C. Gen. Stat. § 14-313 / S.L. 2024-31: Vending machines distributing tobacco-derived products, vapor products, or components of vapor products in establishments not meeting the above conditions shall be removed prior to August 1, 2013. Any person distributing tobacco products through vending machines in violation of this subsection shall be guilty of a Class 2 misdemeanor. S.L. 2024-31: This subsection does not apply to the regulation of vending machines, nor does it prohibit the Secretary of Revenue from adopting rules with respect to the administration of the tobacco products taxes levied under Article 2A of Chapter 105 of the General Statutes.	www.ncleg.gov
North Dakota	No specific vending machine placement statute for vapor products or alternative nicotine products was located in Justia or official .gov sources. N.D. Cent. Code § 12.1-31-03 governs tobacco product sales to minors.	North Dakota defines "electronic smoking device" and "nicotine product" under its tobacco control statutes.	N.D. Cent. Code § 12.1-31-03: Prohibits sale of tobacco products to minors. [Specific vending machine placement statute not located. Operators should consult the North Dakota Legislative Branch at legis.nd.gov.]	legis.nd.gov
Ohio	Ohio permits tobacco, tobacco product, and alternative nicotine product vending machines only in non-public areas, 21+ restricted areas, or under line-of-sight supervision with locking device and required signage. Expressly excludes unmonitored areas (restrooms, hallways, outer waiting areas) from qualifying as "immediate vicinity."	"Alternative nicotine product" means an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. (Ohio Rev. Code § 2927.02(A)(2)(a)) "Vapor product" means a product, other than a cigarette or other tobacco product, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. Includes any product containing nicotine, regardless of concentration. (Ohio Rev. Code § 2927.02(A)(8))	Ohio Rev. Code § 2927.02(C): No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations: (1) An area within a factory, business, office, or other place not open to the general public; (2) An area to which persons under twenty-one years of age are not generally permitted access; (3) Any other place, upon all of the following conditions: (a) The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee, so that all purchases will be readily observed; (b) The vending machine is inaccessible to the public when the place is closed; (c) A clearly visible notice is posted stating: "It is illegal for any person under the age of 21 to purchase tobacco or alternative nicotine products." A vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall NOT be considered located within the immediate vicinity, plain view, and control.	law.justia.com
Oklahoma	Oklahoma restricts tobacco products, nicotine products, and vapor products through vending machines to non-public business areas and 21+ public establishments. "Nicotine products" expressly included alongside vapor products.	Oklahoma expressly covers "nicotine products" and "vapor products" separately from tobacco. (Okla. Stat. tit. 63, § 1-229.17)	Okla. Stat. tit. 63, § 1-229.17: It shall be unlawful for any person to sell tobacco products, nicotine products or vapor products through a vending machine unless the vending machine is located: 1. In areas of factories, businesses, offices or other places that are not open to the public; and 2. In places that are open to the public, but to which persons under twenty-one (21) years of age are not admitted.	law.justia.com
Oregon	Oregon prohibits vending machine sales of tobacco products and inhalant delivery systems except in establishments where premises are permanently and entirely off-limits to persons under 21 as required by OLCC rules. Each day of violation is a separate Class B offense.	Oregon uses "inhalant delivery systems" as the statutory term for ENDS/vapor products, which are expressly covered alongside tobacco products in the vending machine statute. (ORS § 167.780)	Or. Rev. Stat. § 167.780: (1) "Vending machine" means a device that, upon the insertion of tokens, money or another form of payment, dispenses tobacco products or inhalant delivery systems. (2) A person may not sell or dispense tobacco products or inhalant delivery systems from a vending machine, except in an establishment where the premises are permanently and entirely off-limits to persons under 21 years of age as required by rules adopted by the Oregon Liquor and Cannabis Commission. (3) A person who violates this section commits a Class B violation. Each day that the person commits the violation constitutes a separate offense.	law.justia.com
Pennsylvania	Pennsylvania makes it a summary offense to locate or place a tobacco vending machine in a location accessible to minors. Vendor-assisted sales required — tobacco products must be within line-of-sight or under control of cashier/employee during business hours.	"Tobacco vending machine" means a mechanical or electrical device from which one or more tobacco products are dispensed for a consideration. (18 Pa. C.S. § 6305 definitions)	18 Pa. C.S. § 6305(a): Except as set forth in subsection (f), a person is guilty of a summary offense if the person: (1) sells a tobacco product to any minor; (2) furnishes, by purchase, gift or other means, a tobacco product to a minor; ... (4) locates or places a tobacco vending machine containing a tobacco product in a location accessible to minors; (5) displays or offers a cigarette for sale out of a pack of cigarettes; or (6) displays or offers for sale tobacco products in any manner which enables an individual other than the retailer or an employee of the retailer to physically handle tobacco products prior to purchase unless the tobacco products are located within the line of sight or under the control of a cashier or other employee during business hours, except that this paragraph shall not apply to retail stores which derive 75% or more of sales revenues from tobacco products.	law.justia.com
Rhode Island	Rhode Island requires both continuous line-of-sight supervision AND an electronic locking device on vending machines dispensing tobacco or ENDS products. Lockout device must prevent dispensing unless electronically unlocked by authorized employee. Non-tobacco products may not be co-mingled. Adult-only licensed alcohol establishments exempt from lockout requirement.	"Electronic nicotine-delivery system" means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, e-liquids, e-liquid products, or any related device. (R.I. Gen. Laws § 11-9-13.4(6)) "Tobacco product" means any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption, including ENDS products and any added substance. (R.I. Gen. Laws § 11-9-13.4(16))	R.I. Gen. Laws § 11-9-13.1(a): No cigarettes, nor any other tobacco product, nor electronic nicotine-delivery system product shall be sold from any device or vending machine that is in an area not continuously supervised and in direct line of sight of an authorized person employed by the business, nor shall any tobacco product, nor electronic nicotine-delivery system product be sold from any device or vending machine that is in an area supervised by such an authorized person unless the device or vending machine is equipped with an electronic locking device that will not allow the device to dispense unless it is electronically unlocked from a secured position inaccessible to the public and under the supervision of an authorized person. "Direct line of sight" means the vending machine and the purchaser must be visible to the authorized person pressing the unlock button while the unlock button is being activated. Provided, a locking device shall not be required in an establishment licensed to sell alcoholic beverages that limits access to persons over 21. (b) No tobacco product or ENDS product shall be sold from any device or vending machine from which non-tobacco products are sold. Penalties: 1st offense $75; 2nd offense $150; 3rd and subsequent offenses $500.	law.justia.com
South Carolina	South Carolina prohibits vending machine sales of tobacco products and alternative nicotine products unless in an establishment open only to persons 18+, or under continuous control of the owner/licensee/employee with a per-purchase activation lockout and inaccessibility when establishment is closed.	"Alternative nicotine product" is expressly included alongside tobacco products in the South Carolina vending machine statute. (S.C. Code Ann. § 16-17-500)	S.C. Code Ann. § 16-17-500(D): It is unlawful to sell a tobacco product or an alternative nicotine product through a vending machine unless the vending machine is located in an establishment: (1) which is open only to individuals who are eighteen years of age or older; or (2) where the vending machine is under continuous control by the owner or licensee of the premises or an employee of the owner or licensee, can be operated only by activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed.	law.justia.com
South Dakota	No specific vending machine placement statute for vapor products or alternative nicotine products was located in Justia or official .gov sources. S.D. Codified Laws § 34-46-2 prohibits the sale of tobacco products to persons under 21.	South Dakota regulates tobacco products and alternative nicotine products under S.D. Codified Laws Title 34, Chapter 46.	S.D. Codified Laws § 34-46-2: Prohibits sale of tobacco products to persons under 21. [Specific vending machine placement statute not located. Operators should consult the South Dakota Legislature at sdlegislature.gov.]	sdlegislature.gov
Tennessee	Tennessee permits tobacco, smoking hemp, vapor products, and smokeless nicotine product vending machines only in non-public areas, 21+ establishments, supervised bars, or any location where continuous supervision or token-access control is in place. Supervisor must demand proof of age for purchasers appearing under 30.	Tennessee expressly covers "vapor products" and "smokeless nicotine products" in its vending machine statute alongside tobacco and smoking hemp. (Tenn. Code Ann. § 39-17-1507)	Tenn. Code Ann. § 39-17-1507(a): It is unlawful for any person to sell tobacco, smoking hemp, vapor products, or smokeless nicotine products through a vending machine unless the vending machine is located in any of the following: (1) In areas of factories, businesses, offices, or other places that are not open to the public; (2) In places that are open to the public but to which persons under twenty-one (21) years of age are denied access; (3) In places where alcoholic beverages are sold for consumption on the premises, but only if the vending machine is under the continuous supervision of the owner or lessee of the premises or an employee, and is inaccessible to the public when the establishment is closed; (4) In other places, but only if the machine is under the continuous supervision of the owner or lessee of the premises or an employee, or the machine can be operated only by the use of a token purchased from the owner. (b) ...the person responsible for that supervision or the sale of the token shall demand proof of age from a prospective purchaser if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under thirty (30) years of age.	law.justia.com
Texas	Texas effectively bans tobacco and e-cigarette vending machines except in specific adult-only contexts (humidors not open to under-21s; package store permit premises not open to under-21s). Violating machines may be seized, sealed, or disabled without a warrant. Vendor-assisted sales required.	Texas expressly includes "e-cigarettes" alongside tobacco products in its vendor-assisted sales and vending machine prohibition statute. (Tex. Health & Safety Code § 161.086)	Tex. Health & Safety Code § 161.086: (a) Except as provided by Subsection (b), a retailer or other person may not: (1) offer cigarettes, e-cigarettes, or tobacco products for sale in a manner that permits a customer direct access to the cigarettes, e-cigarettes, or tobacco products; or (2) install or maintain a vending machine containing cigarettes, e-cigarettes, or tobacco products. [Exceptions:] (2) that part of a facility that is a humidor or other enclosure designed to store cigars in a climate-controlled environment and that is not open to persons younger than 21 years of age at any time; or (3) a premises for which a person holds a package store permit issued under the Alcoholic Beverage Code and that is not open to persons younger than 21 years of age at any time. (c) The comptroller or a peace officer may, with or without a warrant, seize, seal, or disable a vending machine installed or maintained in violation of this section.	law.justia.com
Utah	No specific vending machine placement statute for vapor products or alternative nicotine products was located in Justia or official .gov sources. Utah Code Ann. § 76-10-104 prohibits sales of tobacco products to persons under 21.	Utah regulates "electronic cigarette products" and "nicotine products" under Utah Code Ann. § 76-10-101 definitions.	Utah Code Ann. § 76-10-104: Prohibits sale of tobacco products to persons under 21. [Specific vending machine placement statute not located. Operators should consult the Utah State Legislature at le.utah.gov.]	le.utah.gov
Vermont ⛔	Vermont completely prohibits all vending machines selling tobacco products. This is one of the most restrictive states — no exceptions exist for bars or adult-only establishments. Self-service displays also prohibited.	Vermont regulates tobacco products; ENDS/vapor devices are regulated under the tobacco chapter. (Vt. Stat. Ann. tit. 7, § 1001 definitions)	Vt. Stat. Ann. tit. 7, § 1003(b): (b) All vending machines selling tobacco products are prohibited. § 1003(c)(1): Persons holding a tobacco license may only display or store tobacco products or tobacco substitutes: (A) behind a sales counter or in any other area of the establishment that is inaccessible to the public; or... [Historical note: From August 28, 1997 through December 31, 2000, vending machines were permitted only in commercial establishments legally prohibiting anyone younger than 18 from entering. Effective January 1, 2001, all vending machines selling tobacco products became prohibited.]	law.justia.com
Virginia ⛔	Virginia imposes a complete ban on vending machine sales of all retail tobacco products — the broadest statutory definition in the country, encompassing tobacco, nicotine products, ENDS, snuff, snus, and all accessories. No exceptions for adult-only venues.	"Retail tobacco product" means (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, a heated tobacco product, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (ii) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and (iii) any component, part, or accessory. "Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. (Va. Code Ann. § 18.2-371.2 definitions)	Va. Code Ann. § 18.2-371.2(A): No person shall sell retail tobacco products or hemp products intended for smoking from a vending machine. B. No person shall sell a retail tobacco product or hemp product intended for smoking to any individual who does not demonstrate, by producing a driver's license or similar photo identification issued by a government agency, that the individual is at least 21 years of age.	law.justia.com
Washington	Washington requires a $30 additional fee per vending machine on the retailer's cigarette license. Primary placement rules for vapor products are in WAC administrative code promulgated by the Washington State Liquor and Cannabis Board. A consolidated statutory placement provision for vapor products was not returned in Justia.	Washington regulates "vapor products" and "electronic cigarettes" under the tobacco control statutes. (RCW § 26.28.080 et seq.)	Wash. Rev. Code § 82.24.530: A fee of thirty additional dollars for each vending machine must accompany each application or renewal for a license issued to a retail dealer operating a cigarette vending machine. [Note: Washington's placement requirements for vapor product vending machines are primarily in WAC regulations under the Liquor and Cannabis Board. Operators should consult the Washington State Liquor and Cannabis Board at lcb.wa.gov for current placement requirements.]	law.justia.com lcb.wa.gov
West Virginia	West Virginia prohibits tobacco product vending machines (now extended by statute title to tobacco-derived products, alternative nicotine products, and vapor products) unless the establishment legally prohibits persons under 18 or is a Class A licensed alcohol establishment with ABC-promulgated location/control rules. Violation is a misdemeanor with a $250 fine.	West Virginia expressly expanded the vending machine prohibition statute title to include "Tobacco-Derived Products, Alternative Nicotine Products or Vapor Products" in 2015. (W. Va. Code § 16-9A-8 (2015–2024))	W. Va. Code § 16-9A-8: No person or business entity may offer for sale any cigarette or other tobacco product in a vending machine. Any person or business entity which violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined two hundred fifty dollars: Provided, That an establishment is exempt from this prohibition if individuals under the age of eighteen years are not permitted to be in the establishment or if the establishment is licensed by the alcohol beverage control commissioner as a Class A licensee. The alcohol beverage control commissioner shall promulgate rules which shall establish standards for the location and control of the vending machines in Class A licensed establishments for the purpose of restricting access by minors. [Note: The 2024 Justia title for § 16-9A-8 reads "Selling of Tobacco Products in Vending Machines Prohibited Except in Certain Places" while the 2015–2022 Justia versions expand the title to include "Tobacco-Derived Products, Alternative Nicotine Products or Vapor Products."]	law.justia.com law.justia.com
Wisconsin	Wisconsin restricts tobacco product vending machines to adult-only locations (no person under 18 present or permitted unless with parent/guardian). No machine within 500 feet of a school. Required signage on machine. Vending machine operators not liable for underage purchases if unaware.	Wisconsin defines "nicotine products" and "tobacco products" separately. "Vending machine" has the meaning given in Wis. Stat. § 139.30(14). (Wis. Stat. § 134.66(1)(k)–(L))	Wis. Stat. § 134.66(2)(d): 1m. A retailer or vending machine operator may not sell cigarettes or tobacco products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years. 2. Notwithstanding subd. 1m., no retailer may place a vending machine within 500 feet of a school. § 134.66(2)(a): No retailer...may sell...cigarettes, nicotine products, or tobacco products to any person under the age of 18...A vending machine operator is not liable under this paragraph for the purchase of cigarettes, nicotine products, or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.	law.justia.com
Wyoming	Wyoming restricts vending machine and self-service display sales of electronic cigarettes and nicotine products to locations inaccessible to persons under 21. Vending machine defined to cover all nicotine products including electronic cigarettes. Retailer prohibited from selling nicotine products to persons under 21.	"Electronic cigarette" means any device that can be used to deliver aerosolized or vaporized nicotine or synthetic nicotine material to the person using the device and includes any component, part and accessory and any vapor material intended to be aerosolized or vaporized during the use of the device, including any electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vapor pen and any similar product or device. "Nicotine products" means tobacco products and electronic cigarettes. "Vending machine" means any mechanical, electric or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses nicotine products. "Vapor material" means any liquid solution or other material containing nicotine or synthetic nicotine that is depleted as an electronic cigarette is used. (Wyo. Stat. Ann. § 14-3-301)	Wyo. Stat. Ann. § 14-3-303(b): Self-service displays and vending machine sales of electronic cigarettes [and nicotine products] restricted to locations inaccessible to persons under age 21. (Public Health Law Center citation to 2025 text; full operative text at wyoleg.gov.) Wyo. Stat. Ann. § 14-3-302(c): No retailer shall sell, permit the sale, offer for sale, give away or deliver nicotine products to any person under the age of twenty-one (21) years.	law.justia.com law.justia.com wyoleg.gov www.publichealthlawcenter.org

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Source material: Justia Law (law.justia.com), official state .gov legislative websites, and the Public Health Law Center's U.S. E-Cigarette Regulations 50-State Review. “NOT PROHIBITED” means at least one legal pathway exists — conditions always apply.