What is a vending machine?

Any coin-in-the-slot device or other automated device that accepts payment and is used for the automatic merchandising of cigars, cigarettes, or loose or smokeless tobacco. See O.C.G.A. § 48-11-1(45).

Are vapor products legally allowed to be sold from vending machines in Georgia?

No, vapor products may not be sold from vending machines. Under Georgia law, it is unlawful to sell vapor products by any means other than an in-person, face-to-face sale. Additionally, a seller of vapor products must request proper identification which shows that such person is at least 21 years of age from each person attempting to purchase any vapor products. Any person attempting to purchase any vapor products must provide proper identification to the seller at the time of purchase. See O.C.G.A. § 48-11-4.1 and Rule 560-8-5-.03.

Does Title 16 of the Georgia Code authorize vapor products to be sold from vending machines?

No. O.C.G.A. § 16-12-173 is a criminal statute found in Title 16 of the Georgia Code that provides penalties for certain violations. It does not give ATD the authority to register vending machines that sell vapor products.Rather, O.C.G.A. § 48-11-4.1 expressly requires an in-person, face-to-face transaction to purchase vapor products, which means vapor products shall not be sold from vending machine anywhere in Georgia.

What products are allowed to legally be sold from vending machines?

Cigars, cigarettes, loose or smokeless tobacco, and other tobacco products. Each vending machine must be annually registered with ATD. See O.C.G.A. § 48-11-4(d).

Vending Machine FAQ's

The Department of Revenue’s Alcohol and Tobacco Division (“ATD”) has recently received inquiries regarding the legality of vending machines that sell vapor products. Here is a list of frequently asked questions and answers related to vending machines.

Vending Machine FAQs:

What is a vending machine?

Any coin-in-the-slot device or other automated device that accepts payment and is used for the automatic merchandising of cigars, cigarettes, or loose or smokeless tobacco. See O.C.G.A. § 48-11-1(45).
Are vapor products legally allowed to be sold from vending machines in Georgia?

No, vapor products may not be sold from vending machines. Under Georgia law, it is unlawful to sell vapor products by any means other than an in-person, face-to-face sale. Additionally, a seller of vapor products must request proper identification which shows that such person is at least 21 years of age from each person attempting to purchase any vapor products. Any person attempting to purchase any vapor products must provide proper identification to the seller at the time of purchase. See O.C.G.A. § 48-11-4.1 and Rule 560-8-5-.03.
Does Title 16 of the Georgia Code authorize vapor products to be sold from vending machines?

No. O.C.G.A. § 16-12-173 is a criminal statute found in Title 16 of the Georgia Code that provides penalties for certain violations. It does not give ATD the authority to register vending machines that sell vapor products.
Rather, O.C.G.A. § 48-11-4.1 expressly requires an in-person, face-to-face transaction to purchase vapor products, which means vapor products shall not be sold from vending machine anywhere in Georgia.
What products are allowed to legally be sold from vending machines?

Cigars, cigarettes, loose or smokeless tobacco, and other tobacco products. Each vending machine must be annually registered with ATD. See O.C.G.A. § 48-11-4(d).