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

It is illegal to sell vapor products or alternative nicotine products to persons under the age of 21 in the State of Virginia, unless the purchaser is active duty military and 18 years of age or older.

 -          Va. Code Ann. § 18.2-371.2(A)

Nicotine vapor products and alternative nicotine products may not be sold to any individual who does not demonstrate, by producing a driver’s license or similar photo identification issued by government agency, that the individual is at least 21 years of age.  Such identification is not required from an individual whom the person has reason to believe is at least 21 years of age or who the person knows is at least 21 years of age.

-          Va. Code Ann. § 18.2-371.2(C)

“Nicotine vapor product” is defined as any noncombustible product containing nicotine that employes 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 nicotine in a solution or other form including any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any cartridge or other container of nicotine in a solution of other from that is intended to be used with or in an aforementioned device.

-          Va. Code Ann. § 18.2-371.2(l)

 “Alternative nicotine product” is defined as any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means.  “Alternative nicotine product” does not include any nicotine vapor product, tobacco product, or product regulated as a drug or device the U.S. Food and Drug Administration under 21 U.S.C. § 351 et. seq. of the Federal Food, Drug and Cosmetic Act.

 -          Va. Code Ann. § 18.2-371.2(l)

As of December 15, 2023, no retail license or permit is required to sell e-cigarettes in Virgina. 

Vape Vending Machines

Nicotine vapor products and alternative nicotine products may be sold through a vending machine only if the machine is: 

1.      posted with a notice, in a conspicuous manner and place indicating that the purchase or possession of such products by persons under 21 years of age is unlawful; and

2.      located in a place that is not open to the general public and is not generally accessible to persons under 21 years of age.  An establishment that prohibits the presence of persons under 21 years of age unless accompanied by a person 21 years of age or older is not open to the general public. -          Va. Code Ann. §§ 18.2-371.2(A) and (F)

 Vending Machines in General

Every person engaged in the business of placing vending machines and selling tangible personal property through such machines must apply for a Certificate of Registration for each county and city in which machines are placed. 

Dealers holding or applying for multiple vending registrations may request permission at the time of application to file consolidated vending or non-vending tax returns.

Records must be kept for three (3) years and must show the location of each machine; purchases and inventories of merchandise bought for sales through vending machines; and the cost price of merchandise for each machine.       Va. Admin. Code § 10-210-6041.

Additional city, county, and state vending license requirements may apply.  Check with local municipality. 

Taxes and Additional Rules and Regulations

Excise Tax:      Liquid nicotine is taxed at the rate of 6.6 cents per milliliter. -          Va. Code Ann. § 58.1-1021.02

Sales Tax:  The sales tax rate for most locations in Virgina is 5.3%.  Several localities have an   additional regional or local tax. 

Packaging:

All liquid nicotine containers in Virginia must meet child-resisting packaging standards. -          Va. Code Ann. § 59.1-293.11(A)

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