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Indiana Senate Bill SB0138

Indiana 2025 Regular Session

Indiana Senate Bill SB0138 Compare Versions

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1-*SB0138.2*
2-Reprinted
3-February 18, 2025
1+*SB0138.1*
2+February 14, 2025
43 SENATE BILL No. 138
54 _____
6-DIGEST OF SB 138 (Updated February 17, 2025 2:30 pm - DI 106)
5+DIGEST OF SB 138 (Updated February 11, 2025 12:58 pm - DI 106)
76 Citations Affected: IC 7.1-7; IC 24-4; IC 35-31.5; IC 35-46; IC 35-52.
87 Synopsis: Sale of low THC products to persons less than 21. Makes
98 possession of low THC hemp extract or a cannabinoid by a minor a
109 Class B misdemeanor. Makes the sale of low THC hemp extract or a
1110 cannabinoid to a minor a Class A misdemeanor, and increases the
12-penalty under certain circumstances. Prohibits the sale of a vapor
13-product to a minor and the possession of a vapor product by a minor.
14-Increases the penalty for certain infractions involving minors and
15-tobacco or e-liquids containing nicotine.
11+penalty under certain circumstances. Makes possession of an e-liquid
12+or a vapor product by a minor a Class D infraction, and increases the
13+penalty to a Class C infraction if the minor possesses an e-liquid that
14+contains nicotine. Prohibits the sale of a vapor product to a minor and
15+the possession of a vapor product by a minor. Increases the penalty for
16+certain infractions involving minors and tobacco or e-liquids containing
17+nicotine.
1618 Effective: July 1, 2025.
17-Bohacek, Crider, Young M, Alting,
18-Doriot, Randolph Lonnie M
19+Bohacek, Crider, Alting, Doriot
1920 January 8, 2025, read first time and referred to Committee on Corrections and Criminal
2021 Law.
2122 February 13, 2025, amended, reported favorably — Do Pass.
22-February 17, 2025, read second time, amended, ordered engrossed.
23-SB 138—LS 6526/DI 92 Reprinted
24-February 18, 2025
23+SB 138—LS 6526/DI 92 February 14, 2025
2524 First Regular Session of the 124th General Assembly (2025)
2625 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2726 Constitution) is being amended, the text of the existing provision will appear in this style type,
2827 additions will appear in this style type, and deletions will appear in this style type.
2928 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3029 provision adopted), the text of the new provision will appear in this style type. Also, the
3130 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3231 a new provision to the Indiana Code or the Indiana Constitution.
3332 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3433 between statutes enacted by the 2024 Regular Session of the General Assembly.
3534 SENATE BILL No. 138
3635 A BILL FOR AN ACT to amend the Indiana Code concerning trade
3736 regulation.
3837 Be it enacted by the General Assembly of the State of Indiana:
3938 1 SECTION 1. IC 7.1-7-6-5, AS AMENDED BY P.L.49-2020,
4039 2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4140 3 JULY 1, 2025]: Sec. 5. A person who knowingly or intentionally makes
4241 4 a delivery sale of an e-liquid or a vapor product to an individual who
4342 5 is less than twenty-one (21) years of age commits a Class C infraction.
4443 6 However, the violation is a Class B infraction if the person makes
4544 7 a delivery sale of an e-liquid that contains nicotine.
4645 8 SECTION 2. IC 24-4-22-1.5 IS ADDED TO THE INDIANA CODE
4746 9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4847 10 1, 2025]: Sec. 1.5. As used in this chapter, "minor" means a person
4948 11 less than twenty-one (21) years of age.
5049 12 SECTION 3. IC 24-4-22-5 IS ADDED TO THE INDIANA CODE
5150 13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5251 14 1, 2025]: Sec. 5. (a) A person who recklessly, knowingly, or
5352 15 intentionally sells, barters, exchanges, provides, or furnishes to a
5453 16 minor a product containing:
5554 17 (1) low THC hemp extract; or
5655 SB 138—LS 6526/DI 92 2
5756 1 (2) any quantity of a cannabinoid, including a precursor or
5857 2 isomer of a cannabinoid;
5958 3 commits dealing low THC hemp extract to a minor, a Class A
6059 4 misdemeanor.
6160 5 (b) However, the offense described in subsection (a) is:
6261 6 (1) a Level 6 felony if the person has a prior unrelated
6362 7 conviction under this section; and
6463 8 (2) a Level 5 felony if the consumption, ingestion, or use of the
6564 9 product containing low THC hemp extract or a cannabinoid
6665 10 is the proximate cause of the serious bodily injury or death of
6766 11 any person.
6867 12 (c) A minor who knowingly or intentionally possesses a product
6968 13 containing:
7069 14 (1) low THC hemp extract; or
7170 15 (2) any quantity of a cannabinoid, including a precursor or
7271 16 isomer of a cannabinoid;
7372 17 commits possession of low THC hemp extract by a minor, a Class
7473 18 B misdemeanor.
7574 19 (d) Nothing in this section may be construed, under the "inclusio
7675 20 unius, exclusio alterius" canon of construction or in any other
7776 21 manner, to suggest that the sale or possession of low THC hemp
7877 22 extract or any quantity of a cannabinoid by an adult is legal in
7978 23 Indiana.
8079 24 SECTION 4. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
8180 25 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8281 26 JULY 1, 2025]: Sec. 100. (a) "Distribute", for purposes of
8382 27 IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
8483 28 (b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
8584 29 forth in IC 35-46-1-10(f). IC 35-46-1-10(g).
8685 30 (c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
8786 31 set forth in IC 35-46-1-10.2(g).
8887 32 (d) "Distribute", for purposes of IC 35-47.5, has the meaning set
8988 33 forth in IC 35-47.5-2-6.
9089 34 (e) "Distribute", for purposes of IC 35-48, has the meaning set forth
9190 35 in IC 35-48-1-14.
9291 36 (f) "Distribute", for purposes of IC 35-49, has the meaning set forth
9392 37 in IC 35-49-1-2.
9493 38 SECTION 5. IC 35-31.5-2-345.5 IS ADDED TO THE INDIANA
9594 39 CODE AS A NEW SECTION TO READ AS FOLLOWS
9695 40 [EFFECTIVE JULY 1, 2025]: Sec. 345.5. "Vapor product" means a
9796 41 powered vaporizer that converts e-liquid to a vapor intended for
9897 42 inhalation.
9998 SB 138—LS 6526/DI 92 3
100-1 SECTION 6. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
101-2 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
102-3 JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
103-4 violation under this section and a violation under IC 7.1-7-6-5.
104-5 (b) A person who knowingly:
105-6 (1) sells or distributes tobacco, an e-liquid that does not contain
106-7 nicotine, a vapor product, or an electronic cigarette to a person
107-8 less than twenty-one (21) years of age; or
108-9 (2) purchases tobacco, an e-liquid that does not contain
109-10 nicotine, a vapor product, or an electronic cigarette for delivery
110-11 to another person who is less than twenty-one (21) years of age;
111-12 commits a Class C infraction. For a sale to take place under this
112-13 section, the buyer must pay the seller for the tobacco, e-liquid, vapor
113-14 product, or electronic cigarette.
114-15 (c) A person who knowingly:
115-16 (1) sells or distributes tobacco or an e-liquid that contains
116-17 nicotine to a person less than twenty-one (21) years of age; or
117-18 (2) purchases tobacco or an e-liquid that contains nicotine for
118-19 delivery to another person who is less than twenty-one (21)
119-20 years of age;
120-21 commits a Class B infraction. For a sale to take place under this
121-22 section, the buyer must pay the seller for the tobacco or e-liquid,
122-23 vapor product, or electronic cigarette.
123-24 (c) (d) It is not a defense that the person to whom the tobacco,
124-25 e-liquid, vapor product, or electronic cigarette was sold or distributed
125-26 did not smoke, chew, inhale, or otherwise consume the tobacco,
126-27 e-liquid, vapor product, or electronic cigarette.
127-28 (d) (e) The following defenses are available to a person accused of
128-29 selling or distributing tobacco, an e-liquid, a vapor product, or an
129-30 electronic cigarette to a person who is less than twenty-one (21) years
130-31 of age:
131-32 (1) The buyer or recipient produced a driver's license bearing the
132-33 purchaser's or recipient's photograph, showing that the purchaser
133-34 or recipient was of legal age to make the purchase.
134-35 (2) The buyer or recipient produced a photographic identification
135-36 card issued under IC 9-24-16-1, or a similar card issued under the
136-37 laws of another state or the federal government, showing that the
137-38 purchaser or recipient was of legal age to make the purchase.
138-39 (3) The appearance of the purchaser or recipient was such that an
139-40 ordinary prudent person would believe that the purchaser or
140-41 recipient was not less than thirty (30) years of age.
141-42 (e) (f) It is a defense that the accused person sold or delivered the
99+1 SECTION 6. IC 35-46-1-9.8 IS ADDED TO THE INDIANA CODE
100+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
101+3 1, 2025]: Sec. 9.8. A person less than twenty-one (21) years of age
102+4 who possesses an e-liquid or a vapor product commits a Class D
103+5 infraction. However, the violation is a Class C infraction if the
104+6 person possesses an e-liquid that contains nicotine.
105+7 SECTION 7. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
106+8 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
107+9 JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
108+10 violation under this section and a violation under IC 7.1-7-6-5.
109+11 (b) A person who knowingly:
110+12 (1) sells or distributes tobacco, an e-liquid that does not contain
111+13 nicotine, a vapor product, or an electronic cigarette to a person
112+14 less than twenty-one (21) years of age; or
113+15 (2) purchases tobacco, an e-liquid that does not contain
114+16 nicotine, a vapor product, or an electronic cigarette for delivery
115+17 to another person who is less than twenty-one (21) years of age;
116+18 commits a Class C infraction. For a sale to take place under this
117+19 section, the buyer must pay the seller for the tobacco, e-liquid, vapor
118+20 product, or electronic cigarette.
119+21 (c) A person who knowingly:
120+22 (1) sells or distributes tobacco or an e-liquid that contains
121+23 nicotine to a person less than twenty-one (21) years of age; or
122+24 (2) purchases tobacco or an e-liquid that contains nicotine for
123+25 delivery to another person who is less than twenty-one (21)
124+26 years of age;
125+27 commits a Class B infraction. For a sale to take place under this
126+28 section, the buyer must pay the seller for the tobacco or e-liquid,
127+29 vapor product, or electronic cigarette.
128+30 (c) (d) It is not a defense that the person to whom the tobacco,
129+31 e-liquid, vapor product, or electronic cigarette was sold or distributed
130+32 did not smoke, chew, inhale, or otherwise consume the tobacco,
131+33 e-liquid, vapor product, or electronic cigarette.
132+34 (d) (e) The following defenses are available to a person accused of
133+35 selling or distributing tobacco, an e-liquid, a vapor product, or an
134+36 electronic cigarette to a person who is less than twenty-one (21) years
135+37 of age:
136+38 (1) The buyer or recipient produced a driver's license bearing the
137+39 purchaser's or recipient's photograph, showing that the purchaser
138+40 or recipient was of legal age to make the purchase.
139+41 (2) The buyer or recipient produced a photographic identification
140+42 card issued under IC 9-24-16-1, or a similar card issued under the
142141 SB 138—LS 6526/DI 92 4
143-1 tobacco, e-liquid, vapor product, or electronic cigarette to a person
144-2 who acted in the ordinary course of employment or a business
145-3 concerning tobacco, an e-liquid, a vapor product, or electronic
146-4 cigarettes including the following activities:
147-5 (1) Agriculture.
148-6 (2) Processing.
149-7 (3) Transporting.
150-8 (4) Wholesaling.
151-9 (5) Retailing.
152-10 (f) (g) As used in this section, "distribute" means to give tobacco, an
153-11 e-liquid, a vapor product, or an electronic cigarette to another person
154-12 as a means of promoting, advertising, or marketing the tobacco,
155-13 e-liquid, vapor product, or electronic cigarette to the general public.
156-14 (g) (h) Unless the person buys or receives tobacco, an e-liquid, a
157-15 vapor product, or an electronic cigarette under the direction of a law
158-16 enforcement officer as part of an enforcement action, a person who
159-17 sells or distributes tobacco, an e-liquid, a vapor product, or an
160-18 electronic cigarette is not liable for a violation of this section unless the
161-19 person less than twenty-one (21) years of age who bought or received
162-20 the tobacco, e-liquid, vapor product, or electronic cigarette is issued
163-21 a citation or summons under section 10.5 of this chapter.
164-22 (h) (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected
165-23 under this section must be deposited in the Richard D. Doyle youth
166-24 tobacco education and enforcement fund (IC 7.1-6-2-6).
167-25 SECTION 7. IC 35-46-1-10.5, AS AMENDED BY P.L.49-2020,
168-26 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169-27 JULY 1, 2025]: Sec. 10.5. (a) A person less than twenty-one (21) years
170-28 of age who:
171-29 (1) purchases tobacco, an e-liquid, a vapor product, or an
172-30 electronic cigarette;
173-31 (2) accepts tobacco, an e-liquid, a vapor product, or an
174-32 electronic cigarette for personal use; or
175-33 (3) possesses tobacco, an e-liquid, a vapor product, or an
176-34 electronic cigarette on the person's person;
177-35 commits a Class C infraction.
178-36 (b) It is a defense under subsection (a) that the accused person acted
179-37 in the ordinary course of employment in a business concerning tobacco,
180-38 an e-liquid, a vapor product, or an electronic cigarette for the
181-39 following activities:
182-40 (1) Agriculture.
183-41 (2) Processing.
184-42 (3) Transporting.
142+1 laws of another state or the federal government, showing that the
143+2 purchaser or recipient was of legal age to make the purchase.
144+3 (3) The appearance of the purchaser or recipient was such that an
145+4 ordinary prudent person would believe that the purchaser or
146+5 recipient was not less than thirty (30) years of age.
147+6 (e) (f) It is a defense that the accused person sold or delivered the
148+7 tobacco, e-liquid, vapor product, or electronic cigarette to a person
149+8 who acted in the ordinary course of employment or a business
150+9 concerning tobacco, an e-liquid, a vapor product, or electronic
151+10 cigarettes including the following activities:
152+11 (1) Agriculture.
153+12 (2) Processing.
154+13 (3) Transporting.
155+14 (4) Wholesaling.
156+15 (5) Retailing.
157+16 (f) (g) As used in this section, "distribute" means to give tobacco, an
158+17 e-liquid, a vapor product, or an electronic cigarette to another person
159+18 as a means of promoting, advertising, or marketing the tobacco,
160+19 e-liquid, vapor product, or electronic cigarette to the general public.
161+20 (g) (h) Unless the person buys or receives tobacco, an e-liquid, a
162+21 vapor product, or an electronic cigarette under the direction of a law
163+22 enforcement officer as part of an enforcement action, a person who
164+23 sells or distributes tobacco, an e-liquid, a vapor product, or an
165+24 electronic cigarette is not liable for a violation of this section unless the
166+25 person less than twenty-one (21) years of age who bought or received
167+26 the tobacco, e-liquid, vapor product, or electronic cigarette is issued
168+27 a citation or summons under section 10.5 of this chapter.
169+28 (h) (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected
170+29 under this section must be deposited in the Richard D. Doyle youth
171+30 tobacco education and enforcement fund (IC 7.1-6-2-6).
172+31 SECTION 8. IC 35-52-24-20.5 IS ADDED TO THE INDIANA
173+32 CODE AS A NEW SECTION TO READ AS FOLLOWS
174+33 [EFFECTIVE JULY 1, 2025]: Sec. 20.5. IC 24-4-22-5 defines crimes
175+34 concerning minors and low THC hemp extract.
185176 SB 138—LS 6526/DI 92 5
186-1 (4) Wholesaling.
187-2 (5) Retailing.
188-3 SECTION 8. IC 35-52-24-20.5 IS ADDED TO THE INDIANA
189-4 CODE AS A NEW SECTION TO READ AS FOLLOWS
190-5 [EFFECTIVE JULY 1, 2025]: Sec. 20.5. IC 24-4-22-5 defines crimes
191-6 concerning minors and low THC hemp extract.
192-SB 138—LS 6526/DI 92 6
193177 COMMITTEE REPORT
194178 Mr. President: The Senate Committee on Corrections and Criminal
195179 Law, to which was referred Senate Bill No. 138, has had the same
196180 under consideration and begs leave to report the same back to the
197181 Senate with the recommendation that said bill be AMENDED as
198182 follows:
199183 Page 1, between the enacting clause and line 1, begin a new
200184 paragraph and insert:
201185 "SECTION 1. IC 7.1-7-6-5, AS AMENDED BY P.L.49-2020,
202186 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
203187 JULY 1, 2025]: Sec. 5. A person who knowingly or intentionally makes
204188 a delivery sale of an e-liquid or a vapor product to an individual who
205189 is less than twenty-one (21) years of age commits a Class C infraction.
206190 However, the violation is a Class B infraction if the person makes
207191 a delivery sale of an e-liquid that contains nicotine.".
208192 Page 1, delete lines 5 through 16, begin a new paragraph and insert:
209193 "SECTION 2. IC 24-4-22-5 IS ADDED TO THE INDIANA CODE
210194 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
211195 1, 2025]: Sec. 5. (a) A person who recklessly, knowingly, or
212196 intentionally sells, barters, exchanges, provides, or furnishes to a
213197 minor a product containing:
214198 (1) low THC hemp extract; or
215199 (2) any quantity of a cannabinoid, including a precursor or
216200 isomer of a cannabinoid;
217201 commits dealing low THC hemp extract to a minor, a Class A
218202 misdemeanor.
219203 (b) However, the offense described in subsection (a) is:
220204 (1) a Level 6 felony if the person has a prior unrelated
221205 conviction under this section; and
222206 (2) a Level 5 felony if the consumption, ingestion, or use of the
223207 product containing low THC hemp extract or a cannabinoid
224208 is the proximate cause of the serious bodily injury or death of
225209 any person.
226210 (c) A minor who knowingly or intentionally possesses a product
227211 containing:
228212 (1) low THC hemp extract; or
229213 (2) any quantity of a cannabinoid, including a precursor or
230214 isomer of a cannabinoid;
231215 commits possession of low THC hemp extract by a minor, a Class
232216 B misdemeanor.
233217 (d) Nothing in this section may be construed, under the "inclusio
234218 unius, exclusio alterius" canon of construction or in any other
235-SB 138—LS 6526/DI 92 7
219+SB 138—LS 6526/DI 92 6
236220 manner, to suggest that the sale or possession of low THC hemp
237221 extract or any quantity of a cannabinoid by an adult is legal in
238222 Indiana.
239223 SECTION 3. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
240224 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
241225 JULY 1, 2025]: Sec. 100. (a) "Distribute", for purposes of
242226 IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
243227 (b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
244228 forth in IC 35-46-1-10(f). IC 35-46-1-10(g).
245229 (c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
246230 set forth in IC 35-46-1-10.2(g).
247231 (d) "Distribute", for purposes of IC 35-47.5, has the meaning set
248232 forth in IC 35-47.5-2-6.
249233 (e) "Distribute", for purposes of IC 35-48, has the meaning set forth
250234 in IC 35-48-1-14.
251235 (f) "Distribute", for purposes of IC 35-49, has the meaning set forth
252236 in IC 35-49-1-2.
253237 SECTION 4. IC 35-31.5-2-345.5 IS ADDED TO THE INDIANA
254238 CODE AS A NEW SECTION TO READ AS FOLLOWS
255239 [EFFECTIVE JULY 1, 2025]: Sec. 345.5. "Vapor product" means a
256240 powered vaporizer that converts e-liquid to a vapor intended for
257241 inhalation.
258242 SECTION 5. IC 35-46-1-9.8 IS ADDED TO THE INDIANA CODE
259243 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
260244 1, 2025]: Sec. 9.8. A person less than twenty-one (21) years of age
261245 who possesses an e-liquid or a vapor product commits a Class D
262246 infraction. However, the violation is a Class C infraction if the
263247 person possesses an e-liquid that contains nicotine.
264248 SECTION 6. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
265249 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
266250 JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
267251 violation under this section and a violation under IC 7.1-7-6-5.
268252 (b) A person who knowingly:
269253 (1) sells or distributes tobacco, an e-liquid that does not contain
270254 nicotine, a vapor product, or an electronic cigarette to a person
271255 less than twenty-one (21) years of age; or
272256 (2) purchases tobacco, an e-liquid that does not contain
273257 nicotine, a vapor product, or an electronic cigarette for delivery
274258 to another person who is less than twenty-one (21) years of age;
275259 commits a Class C infraction. For a sale to take place under this
276260 section, the buyer must pay the seller for the tobacco, e-liquid, vapor
277261 product, or electronic cigarette.
278-SB 138—LS 6526/DI 92 8
262+SB 138—LS 6526/DI 92 7
279263 (c) A person who knowingly:
280264 (1) sells or distributes tobacco or an e-liquid that contains
281265 nicotine to a person less than twenty-one (21) years of age; or
282266 (2) purchases tobacco or an e-liquid that contains nicotine for
283267 delivery to another person who is less than twenty-one (21)
284268 years of age;
285269 commits a Class B infraction. For a sale to take place under this
286270 section, the buyer must pay the seller for the tobacco or e-liquid,
287271 vapor product, or electronic cigarette.
288272 (c) (d) It is not a defense that the person to whom the tobacco,
289273 e-liquid, vapor product, or electronic cigarette was sold or distributed
290274 did not smoke, chew, inhale, or otherwise consume the tobacco,
291275 e-liquid, vapor product, or electronic cigarette.
292276 (d) (e) The following defenses are available to a person accused of
293277 selling or distributing tobacco, an e-liquid, a vapor product, or an
294278 electronic cigarette to a person who is less than twenty-one (21) years
295279 of age:
296280 (1) The buyer or recipient produced a driver's license bearing the
297281 purchaser's or recipient's photograph, showing that the purchaser
298282 or recipient was of legal age to make the purchase.
299283 (2) The buyer or recipient produced a photographic identification
300284 card issued under IC 9-24-16-1, or a similar card issued under the
301285 laws of another state or the federal government, showing that the
302286 purchaser or recipient was of legal age to make the purchase.
303287 (3) The appearance of the purchaser or recipient was such that an
304288 ordinary prudent person would believe that the purchaser or
305289 recipient was not less than thirty (30) years of age.
306290 (e) (f) It is a defense that the accused person sold or delivered the
307291 tobacco, e-liquid, vapor product, or electronic cigarette to a person
308292 who acted in the ordinary course of employment or a business
309293 concerning tobacco, an e-liquid, a vapor product, or electronic
310294 cigarettes including the following activities:
311295 (1) Agriculture.
312296 (2) Processing.
313297 (3) Transporting.
314298 (4) Wholesaling.
315299 (5) Retailing.
316300 (f) (g) As used in this section, "distribute" means to give tobacco, an
317301 e-liquid, a vapor product, or an electronic cigarette to another person
318302 as a means of promoting, advertising, or marketing the tobacco,
319303 e-liquid, vapor product, or electronic cigarette to the general public.
320304 (g) (h) Unless the person buys or receives tobacco, an e-liquid, a
321-SB 138—LS 6526/DI 92 9
305+SB 138—LS 6526/DI 92 8
322306 vapor product, or an electronic cigarette under the direction of a law
323307 enforcement officer as part of an enforcement action, a person who
324308 sells or distributes tobacco, an e-liquid, a vapor product, or an
325309 electronic cigarette is not liable for a violation of this section unless the
326310 person less than twenty-one (21) years of age who bought or received
327311 the tobacco, e-liquid, vapor product, or electronic cigarette is issued
328312 a citation or summons under section 10.5 of this chapter.
329313 (h) (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected
330314 under this section must be deposited in the Richard D. Doyle youth
331315 tobacco education and enforcement fund (IC 7.1-6-2-6).".
332316 Page 2, line 3, delete "the sale of a product containing" and insert
333317 "minors and".
334318 Page 2, line 3, after "extract" insert ".".
335319 Page 2, delete line 4.
336320 Renumber all SECTIONS consecutively.
337321 and when so amended that said bill do pass.
338322 (Reference is to SB 138 as introduced.)
339323 FREEMAN, Chairperson
340324 Committee Vote: Yeas 8, Nays 0.
341-_____
342-SENATE MOTION
343-Mr. President: I move that Senate Bill 138 be amended to read as
344-follows:
345-Page 3, delete lines 1 through 6.
346-Page 4, between lines 30 and 31, begin a new paragraph and insert:
347-"SECTION 8. IC 35-46-1-10.5, AS AMENDED BY P.L.49-2020,
348-SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
349-JULY 1, 2025]: Sec. 10.5. (a) A person less than twenty-one (21) years
350-of age who:
351-(1) purchases tobacco, an e-liquid, a vapor product, or an
352-electronic cigarette;
353-(2) accepts tobacco, an e-liquid, a vapor product, or an
354-electronic cigarette for personal use; or
355-(3) possesses tobacco, an e-liquid, a vapor product, or an
356-electronic cigarette on the person's person;
357-commits a Class C infraction.
358-SB 138—LS 6526/DI 92 10
359-(b) It is a defense under subsection (a) that the accused person acted
360-in the ordinary course of employment in a business concerning tobacco,
361-an e-liquid, a vapor product, or an electronic cigarette for the
362-following activities:
363-(1) Agriculture.
364-(2) Processing.
365-(3) Transporting.
366-(4) Wholesaling.
367-(5) Retailing.".
368- Renumber all SECTIONS consecutively.
369-(Reference is to SB 138 as printed February 14, 2025.)
370-FREEMAN
371325 SB 138—LS 6526/DI 92