*SB0138.2*
Reprinted
February 18, 2025
SENATE BILL No. 138
_____
DIGEST OF SB 138 (Updated February 17, 2025 2:30 pm - DI 106)
Citations Affected: IC 7.1-7; IC 24-4; IC 35-31.5; IC 35-46; IC 35-52.
Synopsis: Sale of low THC products to persons less than 21. Makes
possession of low THC hemp extract or a cannabinoid by a minor a
Class B misdemeanor. Makes the sale of low THC hemp extract or a
cannabinoid to a minor a Class A misdemeanor, and increases the
penalty under certain circumstances. Prohibits the sale of a vapor
product to a minor and the possession of a vapor product by a minor.
Increases the penalty for certain infractions involving minors and
tobacco or e-liquids containing nicotine.
Effective: July 1, 2025.
Bohacek, Crider, Young M, Alting,
Doriot, Randolph Lonnie M
January 8, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
February 13, 2025, amended, reported favorably — Do Pass.
February 17, 2025, read second time, amended, ordered engrossed.
SB 138—LS 6526/DI 92 Reprinted
February 18, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 138
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 7.1-7-6-5, AS AMENDED BY P.L.49-2020,
2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 5. A person who knowingly or intentionally makes
4 a delivery sale of an e-liquid or a vapor product to an individual who
5 is less than twenty-one (21) years of age commits a Class C infraction.
6 However, the violation is a Class B infraction if the person makes
7 a delivery sale of an e-liquid that contains nicotine.
8 SECTION 2. IC 24-4-22-1.5 IS ADDED TO THE INDIANA CODE
9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2025]: Sec. 1.5. As used in this chapter, "minor" means a person
11 less than twenty-one (21) years of age.
12 SECTION 3. IC 24-4-22-5 IS ADDED TO THE INDIANA CODE
13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
14 1, 2025]: Sec. 5. (a) A person who recklessly, knowingly, or
15 intentionally sells, barters, exchanges, provides, or furnishes to a
16 minor a product containing:
17 (1) low THC hemp extract; or
SB 138—LS 6526/DI 92 2
1 (2) any quantity of a cannabinoid, including a precursor or
2 isomer of a cannabinoid;
3 commits dealing low THC hemp extract to a minor, a Class A
4 misdemeanor.
5 (b) However, the offense described in subsection (a) is:
6 (1) a Level 6 felony if the person has a prior unrelated
7 conviction under this section; and
8 (2) a Level 5 felony if the consumption, ingestion, or use of the
9 product containing low THC hemp extract or a cannabinoid
10 is the proximate cause of the serious bodily injury or death of
11 any person.
12 (c) A minor who knowingly or intentionally possesses a product
13 containing:
14 (1) low THC hemp extract; or
15 (2) any quantity of a cannabinoid, including a precursor or
16 isomer of a cannabinoid;
17 commits possession of low THC hemp extract by a minor, a Class
18 B misdemeanor.
19 (d) Nothing in this section may be construed, under the "inclusio
20 unius, exclusio alterius" canon of construction or in any other
21 manner, to suggest that the sale or possession of low THC hemp
22 extract or any quantity of a cannabinoid by an adult is legal in
23 Indiana.
24 SECTION 4. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
25 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 100. (a) "Distribute", for purposes of
27 IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
28 (b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
29 forth in IC 35-46-1-10(f). IC 35-46-1-10(g).
30 (c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
31 set forth in IC 35-46-1-10.2(g).
32 (d) "Distribute", for purposes of IC 35-47.5, has the meaning set
33 forth in IC 35-47.5-2-6.
34 (e) "Distribute", for purposes of IC 35-48, has the meaning set forth
35 in IC 35-48-1-14.
36 (f) "Distribute", for purposes of IC 35-49, has the meaning set forth
37 in IC 35-49-1-2.
38 SECTION 5. IC 35-31.5-2-345.5 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2025]: Sec. 345.5. "Vapor product" means a
41 powered vaporizer that converts e-liquid to a vapor intended for
42 inhalation.
SB 138—LS 6526/DI 92 3
1 SECTION 6. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
2 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
4 violation under this section and a violation under IC 7.1-7-6-5.
5 (b) A person who knowingly:
6 (1) sells or distributes tobacco, an e-liquid that does not contain
7 nicotine, a vapor product, or an electronic cigarette to a person
8 less than twenty-one (21) years of age; or
9 (2) purchases tobacco, an e-liquid that does not contain
10 nicotine, a vapor product, or an electronic cigarette for delivery
11 to another person who is less than twenty-one (21) years of age;
12 commits a Class C infraction. For a sale to take place under this
13 section, the buyer must pay the seller for the tobacco, e-liquid, vapor
14 product, or electronic cigarette.
15 (c) A person who knowingly:
16 (1) sells or distributes tobacco or an e-liquid that contains
17 nicotine to a person less than twenty-one (21) years of age; or
18 (2) purchases tobacco or an e-liquid that contains nicotine for
19 delivery to another person who is less than twenty-one (21)
20 years of age;
21 commits a Class B infraction. For a sale to take place under this
22 section, the buyer must pay the seller for the tobacco or e-liquid,
23 vapor product, or electronic cigarette.
24 (c) (d) It is not a defense that the person to whom the tobacco,
25 e-liquid, vapor product, or electronic cigarette was sold or distributed
26 did not smoke, chew, inhale, or otherwise consume the tobacco,
27 e-liquid, vapor product, or electronic cigarette.
28 (d) (e) The following defenses are available to a person accused of
29 selling or distributing tobacco, an e-liquid, a vapor product, or an
30 electronic cigarette to a person who is less than twenty-one (21) years
31 of age:
32 (1) The buyer or recipient produced a driver's license bearing the
33 purchaser's or recipient's photograph, showing that the purchaser
34 or recipient was of legal age to make the purchase.
35 (2) The buyer or recipient produced a photographic identification
36 card issued under IC 9-24-16-1, or a similar card issued under the
37 laws of another state or the federal government, showing that the
38 purchaser or recipient was of legal age to make the purchase.
39 (3) The appearance of the purchaser or recipient was such that an
40 ordinary prudent person would believe that the purchaser or
41 recipient was not less than thirty (30) years of age.
42 (e) (f) It is a defense that the accused person sold or delivered the
SB 138—LS 6526/DI 92 4
1 tobacco, e-liquid, vapor product, or electronic cigarette to a person
2 who acted in the ordinary course of employment or a business
3 concerning tobacco, an e-liquid, a vapor product, or electronic
4 cigarettes including the following activities:
5 (1) Agriculture.
6 (2) Processing.
7 (3) Transporting.
8 (4) Wholesaling.
9 (5) Retailing.
10 (f) (g) As used in this section, "distribute" means to give tobacco, an
11 e-liquid, a vapor product, or an electronic cigarette to another person
12 as a means of promoting, advertising, or marketing the tobacco,
13 e-liquid, vapor product, or electronic cigarette to the general public.
14 (g) (h) Unless the person buys or receives tobacco, an e-liquid, a
15 vapor product, or an electronic cigarette under the direction of a law
16 enforcement officer as part of an enforcement action, a person who
17 sells or distributes tobacco, an e-liquid, a vapor product, or an
18 electronic cigarette is not liable for a violation of this section unless the
19 person less than twenty-one (21) years of age who bought or received
20 the tobacco, e-liquid, vapor product, or electronic cigarette is issued
21 a citation or summons under section 10.5 of this chapter.
22 (h) (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected
23 under this section must be deposited in the Richard D. Doyle youth
24 tobacco education and enforcement fund (IC 7.1-6-2-6).
25 SECTION 7. IC 35-46-1-10.5, AS AMENDED BY P.L.49-2020,
26 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 10.5. (a) A person less than twenty-one (21) years
28 of age who:
29 (1) purchases tobacco, an e-liquid, a vapor product, or an
30 electronic cigarette;
31 (2) accepts tobacco, an e-liquid, a vapor product, or an
32 electronic cigarette for personal use; or
33 (3) possesses tobacco, an e-liquid, a vapor product, or an
34 electronic cigarette on the person's person;
35 commits a Class C infraction.
36 (b) It is a defense under subsection (a) that the accused person acted
37 in the ordinary course of employment in a business concerning tobacco,
38 an e-liquid, a vapor product, or an electronic cigarette for the
39 following activities:
40 (1) Agriculture.
41 (2) Processing.
42 (3) Transporting.
SB 138—LS 6526/DI 92 5
1 (4) Wholesaling.
2 (5) Retailing.
3 SECTION 8. IC 35-52-24-20.5 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 20.5. IC 24-4-22-5 defines crimes
6 concerning minors and low THC hemp extract.
SB 138—LS 6526/DI 92 6
COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections and Criminal
Law, to which was referred Senate Bill No. 138, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 7.1-7-6-5, AS AMENDED BY P.L.49-2020,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. A person who knowingly or intentionally makes
a delivery sale of an e-liquid or a vapor product to an individual who
is less than twenty-one (21) years of age commits a Class C infraction.
However, the violation is a Class B infraction if the person makes
a delivery sale of an e-liquid that contains nicotine.".
Page 1, delete lines 5 through 16, begin a new paragraph and insert:
"SECTION 2. IC 24-4-22-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 5. (a) A person who recklessly, knowingly, or
intentionally sells, barters, exchanges, provides, or furnishes to a
minor a product containing:
(1) low THC hemp extract; or
(2) any quantity of a cannabinoid, including a precursor or
isomer of a cannabinoid;
commits dealing low THC hemp extract to a minor, a Class A
misdemeanor.
(b) However, the offense described in subsection (a) is:
(1) a Level 6 felony if the person has a prior unrelated
conviction under this section; and
(2) a Level 5 felony if the consumption, ingestion, or use of the
product containing low THC hemp extract or a cannabinoid
is the proximate cause of the serious bodily injury or death of
any person.
(c) A minor who knowingly or intentionally possesses a product
containing:
(1) low THC hemp extract; or
(2) any quantity of a cannabinoid, including a precursor or
isomer of a cannabinoid;
commits possession of low THC hemp extract by a minor, a Class
B misdemeanor.
(d) Nothing in this section may be construed, under the "inclusio
unius, exclusio alterius" canon of construction or in any other
SB 138—LS 6526/DI 92 7
manner, to suggest that the sale or possession of low THC hemp
extract or any quantity of a cannabinoid by an adult is legal in
Indiana.
SECTION 3. IC 35-31.5-2-100, AS AMENDED BY P.L.49-2020,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 100. (a) "Distribute", for purposes of
IC 35-45-4-8, has the meaning set forth in IC 35-45-4-8.
(b) "Distribute", for purposes of IC 35-46-1-10, has the meaning set
forth in IC 35-46-1-10(f). IC 35-46-1-10(g).
(c) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
set forth in IC 35-46-1-10.2(g).
(d) "Distribute", for purposes of IC 35-47.5, has the meaning set
forth in IC 35-47.5-2-6.
(e) "Distribute", for purposes of IC 35-48, has the meaning set forth
in IC 35-48-1-14.
(f) "Distribute", for purposes of IC 35-49, has the meaning set forth
in IC 35-49-1-2.
SECTION 4. IC 35-31.5-2-345.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 345.5. "Vapor product" means a
powered vaporizer that converts e-liquid to a vapor intended for
inhalation.
SECTION 5. IC 35-46-1-9.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 9.8. A person less than twenty-one (21) years of age
who possesses an e-liquid or a vapor product commits a Class D
infraction. However, the violation is a Class C infraction if the
person possesses an e-liquid that contains nicotine.
SECTION 6. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
violation under this section and a violation under IC 7.1-7-6-5.
(b) A person who knowingly:
(1) sells or distributes tobacco, an e-liquid that does not contain
nicotine, a vapor product, or an electronic cigarette to a person
less than twenty-one (21) years of age; or
(2) purchases tobacco, an e-liquid that does not contain
nicotine, a vapor product, or an electronic cigarette for delivery
to another person who is less than twenty-one (21) years of age;
commits a Class C infraction. For a sale to take place under this
section, the buyer must pay the seller for the tobacco, e-liquid, vapor
product, or electronic cigarette.
SB 138—LS 6526/DI 92 8
(c) A person who knowingly:
(1) sells or distributes tobacco or an e-liquid that contains
nicotine to a person less than twenty-one (21) years of age; or
(2) purchases tobacco or an e-liquid that contains nicotine for
delivery to another person who is less than twenty-one (21)
years of age;
commits a Class B infraction. For a sale to take place under this
section, the buyer must pay the seller for the tobacco or e-liquid,
vapor product, or electronic cigarette.
(c) (d) It is not a defense that the person to whom the tobacco,
e-liquid, vapor product, or electronic cigarette was sold or distributed
did not smoke, chew, inhale, or otherwise consume the tobacco,
e-liquid, vapor product, or electronic cigarette.
(d) (e) The following defenses are available to a person accused of
selling or distributing tobacco, an e-liquid, a vapor product, or an
electronic cigarette to a person who is less than twenty-one (21) years
of age:
(1) The buyer or recipient produced a driver's license bearing the
purchaser's or recipient's photograph, showing that the purchaser
or recipient was of legal age to make the purchase.
(2) The buyer or recipient produced a photographic identification
card issued under IC 9-24-16-1, or a similar card issued under the
laws of another state or the federal government, showing that the
purchaser or recipient was of legal age to make the purchase.
(3) The appearance of the purchaser or recipient was such that an
ordinary prudent person would believe that the purchaser or
recipient was not less than thirty (30) years of age.
(e) (f) It is a defense that the accused person sold or delivered the
tobacco, e-liquid, vapor product, or electronic cigarette to a person
who acted in the ordinary course of employment or a business
concerning tobacco, an e-liquid, a vapor product, or electronic
cigarettes including the following activities:
(1) Agriculture.
(2) Processing.
(3) Transporting.
(4) Wholesaling.
(5) Retailing.
(f) (g) As used in this section, "distribute" means to give tobacco, an
e-liquid, a vapor product, or an electronic cigarette to another person
as a means of promoting, advertising, or marketing the tobacco,
e-liquid, vapor product, or electronic cigarette to the general public.
(g) (h) Unless the person buys or receives tobacco, an e-liquid, a
SB 138—LS 6526/DI 92 9
vapor product, or an electronic cigarette under the direction of a law
enforcement officer as part of an enforcement action, a person who
sells or distributes tobacco, an e-liquid, a vapor product, or an
electronic cigarette is not liable for a violation of this section unless the
person less than twenty-one (21) years of age who bought or received
the tobacco, e-liquid, vapor product, or electronic cigarette is issued
a citation or summons under section 10.5 of this chapter.
(h) (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected
under this section must be deposited in the Richard D. Doyle youth
tobacco education and enforcement fund (IC 7.1-6-2-6).".
Page 2, line 3, delete "the sale of a product containing" and insert
"minors and".
Page 2, line 3, after "extract" insert ".".
Page 2, delete line 4.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 138 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 8, Nays 0.
_____
SENATE MOTION
Mr. President: I move that Senate Bill 138 be amended to read as
follows:
Page 3, delete lines 1 through 6.
Page 4, between lines 30 and 31, begin a new paragraph and insert:
"SECTION 8. IC 35-46-1-10.5, AS AMENDED BY P.L.49-2020,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10.5. (a) A person less than twenty-one (21) years
of age who:
(1) purchases tobacco, an e-liquid, a vapor product, or an
electronic cigarette;
(2) accepts tobacco, an e-liquid, a vapor product, or an
electronic cigarette for personal use; or
(3) possesses tobacco, an e-liquid, a vapor product, or an
electronic cigarette on the person's person;
commits a Class C infraction.
SB 138—LS 6526/DI 92 10
(b) It is a defense under subsection (a) that the accused person acted
in the ordinary course of employment in a business concerning tobacco,
an e-liquid, a vapor product, or an electronic cigarette for the
following activities:
(1) Agriculture.
(2) Processing.
(3) Transporting.
(4) Wholesaling.
(5) Retailing.".
Renumber all SECTIONS consecutively.
(Reference is to SB 138 as printed February 14, 2025.)
FREEMAN
SB 138—LS 6526/DI 92