Virginia Vape Vending Machine Laws and Licensing Requirements

E-Cigarette and Nicotine Vending Machine Laws, Ordinances, Placement Restrictions, and Taxes

Virginia law prohibits the sale of retail tobacco products, including nicotine vapor products, from vending machines:

“No person shall sell or dispense any tobacco product, including liquid nicotine or nicotine vapor products, in a vending machine.”
Code of Virginia § 18.2-371.2

This restriction aims to prevent underage access to such products. Read more on the Virginia Legislative Information System .

Retail Licensing Requirements

Retailers selling tobacco products, including vape products, must obtain a tobacco retail license from the Virginia Department of Taxation:

“Every retail dealer shall obtain a license for each location where tobacco products are sold.”
Virginia Department of Taxation Tobacco Retail License Guidelines

More information is available at StateRegsToday .

Taxation

Virginia imposes a Tobacco Products Tax on various products, including liquid nicotine used in vaping devices:

“Effective July 1, 2024, liquid nicotine is taxed at $0.11 per milliliter.”
Virginia Tobacco Products Tax Guidelines

Details are provided by the Virginia Department of Taxation .

Age Verification

It is illegal to sell vape products to individuals under 21 years of age in Virginia:

“It shall be unlawful for any person to sell or distribute any nicotine vapor product to any individual under the age of 21.”
Code of Virginia § 18.2-371.2

Retailers must implement robust age verification processes. Further details can be found on the Public Health Law Center .


Virginia Vape Vending Machine Laws - Frequently Asked Questions

Understanding the regulations surrounding vape vending machines in Virginia is crucial for compliance and responsible retailing. Below are answers to common questions regarding these laws.

Frequently Asked Questions

  1. Are vape vending machines legal in Virginia?

    No, Virginia law prohibits the sale or dispensing of any tobacco product, including liquid nicotine or nicotine vapor products, through vending machines. This is outlined in Code of Virginia § 18.2-371.2 .

  2. What is the legal age to purchase vape products in Virginia?

    Individuals must be 21 years of age or older to legally purchase nicotine vapor products in Virginia. Selling to anyone under 21 is unlawful as per Code of Virginia § 18.2-371.2 .

  3. Do retailers need a license to sell vape products in Virginia?

    Yes, retailers must obtain a tobacco retail license from the Virginia Department of Taxation for each location where tobacco products are sold. Detailed guidelines are available on the Virginia Department of Taxation website .

  4. Is there a tax on liquid nicotine in Virginia?

    Yes, effective July 1, 2024, liquid nicotine is taxed at $0.11 per milliliter. More information can be found in the Virginia Tobacco Products Tax Guidelines .

  5. Are there specific packaging requirements for vape products in Virginia?

    While the provided information does not specify packaging requirements, retailers should ensure compliance with federal regulations and consult the FDA Tobacco Products guidelines for packaging standards.

  6. Can vape products be sold online to Virginia residents?

    Yes, but online sales must comply with age verification requirements and other regulations to prevent sales to minors. Retailers should consult the Public Health Law Center for detailed information.

  7. Are there restrictions on advertising vape products in Virginia?

    While specific state restrictions are not detailed, retailers should adhere to federal advertising regulations and avoid marketing that targets minors. Refer to the FDA's guidelines on tobacco advertising and promotion .

  8. What penalties exist for violating vape product laws in Virginia?

    Violations can result in fines, suspension of licenses, and other legal actions. For detailed penalties, consult Code of Virginia § 18.2-371.2 .

  9. Are there flavor restrictions for vape products in Virginia?

    The provided information does not specify flavor restrictions. Retailers should stay informed about local ordinances and federal guidelines regarding flavored vape products.

  10. Do employees need training to sell vape products in Virginia?

    While specific training requirements are not mentioned, it is advisable for retailers to train employees on age verification and compliance with state and federal laws. Resources are available at the Public Health Law Center .

  11. Can vape products be sold in vending machines in Virginia?

    No, the sale of vape products through vending machines is prohibited in Virginia. This is specified in Code of Virginia § 18.2-371.2 .

  12. Are there location restrictions for selling vape products in Virginia?

    While specific location restrictions are not detailed, retailers should ensure compliance with local zoning laws and avoid proximity to schools and youth centers. Consult local ordinances for guidance.

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