Introduced Version
SENATE BILL No. 322
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-3-18.5; IC 7.1-6-2-4; IC 7.1-7; IC 24-3-5;
IC 35-46-1.
Synopsis: Sale of tobacco products. Prohibits a person from selling
tobacco, an e-liquid, or an electronic cigarette to an individual born
after June 30, 2004.
Effective: July 1, 2025.
Charbonneau
January 13, 2025, read first time and referred to Committee on Health and Provider
Services.
2025 IN 322—LS 6268/DI 137 Introduced
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. 322
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 7.1-3-18.5-5, AS AMENDED BY P.L.49-2020,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 5. (a) Subject to subsection (b), the commission
4 may suspend the certificate of a person who fails to pay a civil penalty
5 imposed for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11,
6 IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7,
7 or IC 35-46-1-11.8.
8 (b) Before enforcing the imposition of a civil penalty or suspending
9 or revoking a certificate under this chapter, the commission shall
10 provide written notice of the alleged violation to the certificate holder
11 and conduct a hearing. The commission shall provide written notice of
12 the civil penalty or suspension or revocation of a certificate to the
13 certificate holder.
14 (c) Subject to subsection (b), the commission shall revoke the
15 certificate of a person upon a finding by a preponderance of the
16 evidence that the person:
17 (1) has violated IC 35-45-5-3, IC 35-45-5-3.5, IC 35-45-5-4,
2025 IN 322—LS 6268/DI 137 2
1 IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, or
2 IC 35-46-1-11.8;
3 (2) has committed habitual illegal sale of tobacco as established
4 under IC 35-46-1-10.2(j); IC 35-46-1-10.2(i); or
5 (3) has committed habitual illegal entrance by a minor as
6 established under IC 35-46-1-11.7(f).
7 SECTION 2. IC 7.1-3-18.5-8, AS AMENDED BY P.L.49-2020,
8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 8. The commission may mitigate civil penalties
10 imposed against a certificate holder for violating IC 35-46-1-10,
11 IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4,
12 IC 35-46-1-11.5, IC 35-46-1-11.7, IC 35-46-1-11.8, or any of the
13 provisions of this chapter if a certificate holder provides a training
14 program for the certificate holder's employees that includes at least the
15 following topics:
16 (1) Laws governing the sale of tobacco products and electronic
17 cigarettes.
18 (2) Methods of recognizing and handling customers who are less
19 than twenty-one (21) years of age. were born after June 30,
20 2004.
21 (3) Procedures for proper examination of identification cards to
22 verify that customers are under twenty-one (21) years of age.
23 were born after June 30, 2004.
24 SECTION 3. IC 7.1-6-2-4, AS AMENDED BY P.L.49-2020,
25 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 4. (a) An enforcement officer vested with full
27 police powers and duties may engage a person less than twenty-one
28 (21) years of age born after June 30, 2004, as part of an enforcement
29 action under this article if the initial or contemporaneous receipt or
30 purchase of a tobacco product, e-liquid, or electronic cigarette by a
31 person less than twenty-one (21) years of age born after June 30,
32 2004, occurs under the direction of an enforcement officer vested with
33 full police powers and duties and is part of the enforcement action.
34 (b) An enforcement officer vested with full police powers and duties
35 shall not:
36 (1) recruit or attempt to recruit a person less than twenty-one (21)
37 years of age born after June 30, 2004, to participate in an
38 enforcement action under subsection (a) at the scene of a violation
39 of section 2 of this chapter; or
40 (2) if a person is a minor, allow a person less than twenty-one
41 (21) years of age born after June 30, 2004, to purchase or
42 receive a tobacco product, e-liquid, or electronic cigarette as part
2025 IN 322—LS 6268/DI 137 3
1 of an enforcement action under subsection (a) without the written
2 permission of the person's parents or legal guardians.
3 SECTION 4. IC 7.1-7-5.5-1, AS AMENDED BY P.L.49-2020,
4 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 1. A retailer may not make a delivery sale of
6 e-liquid to an individual who does not meet the minimum age
7 requirement as set forth in IC 7.1-7-6-5. was born after June 30,
8 2004.
9 SECTION 5. IC 7.1-7-5.5-5, AS AMENDED BY P.L.49-2020,
10 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 5. A retailer who ships an e-liquid from a delivery
12 sale order shall include as part of the shipping documents a document
13 with the following statement: "E-LIQUIDS: Indiana law prohibits the
14 sale of this product to a person who is less than 21 years of age.". born
15 after June 30, 2004.".
16 SECTION 6. IC 7.1-7-6-2.1, AS ADDED BY P.L.49-2020,
17 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 2.1. A person who sells or distributes an e-liquid
19 to a person less than twenty-one (21) years of age born after June 30,
20 2004, may be in violation of IC 35-46-1.
21 SECTION 7. IC 7.1-7-6-5, AS AMENDED BY P.L.49-2020,
22 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 5. A person who knowingly or intentionally makes
24 a delivery sale of an e-liquid to an individual who is less than
25 twenty-one (21) years of age was born after June 30, 2004, commits
26 a Class C infraction.
27 SECTION 8. IC 24-3-5-5, AS AMENDED BY P.L.111-2021,
28 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 5. (a) A merchant who mails or ships cigarettes as
30 part of a delivery sale shall:
31 (1) use a mailing or shipping service that requires the customer or
32 a person at least twenty-one (21) years of age born before July
33 1, 2004, who is designated by the customer to:
34 (A) sign to accept delivery of the cigarettes; and
35 (B) present a valid driver's license issued under IC 9-24-3 or
36 an identification card issued under IC 9-24-16 if the customer
37 or the customer's designee, in the opinion of the delivery agent
38 or employee of the mailing or shipping service, appears to be
39 less than thirty (30) years of age; born after June 30, 2004;
40 (2) provide to the mailing or shipping service used under
41 subdivision (1) proof of compliance with section 6(a) of this
42 chapter; and
2025 IN 322—LS 6268/DI 137 4
1 (3) include the following statement in bold type or capital letters
2 on an invoice or shipping document:
3 INDIANA LAW PROHIBITS THE MAILING OR SHIPPING
4 OF CIGARETTES TO A PERSON LESS THAN
5 TWENTY-ONE (21) YEARS OF AGE BORN AFTER
6 JUNE 30, 2004, AND REQUIRES PAYMENT OF ALL
7 APPLICABLE TAXES.
8 (b) The commission may impose a civil penalty of not more than
9 one thousand dollars ($1,000) if a mailing or shipping service:
10 (1) delivers cigarettes as part of a delivery sale without first
11 receiving proof from the merchant of compliance with section
12 6(a) of this chapter; or
13 (2) fails to obtain a signature and proof of identification of the
14 customer or the customer's designee under subsection (a)(1).
15 The commission shall deposit amounts collected under this subsection
16 into the Richard D. Doyle youth tobacco education and enforcement
17 fund established by IC 7.1-6-2-6.
18 (c) The following apply to a merchant that mails or ships cigarettes
19 as part of a delivery sale without using a third party service as required
20 by subsection (a)(1):
21 (1) The merchant shall require the customer or a person at least
22 twenty-one (21) years of age born before July 1, 2004, who is
23 designated by the customer to:
24 (A) sign to accept delivery of the cigarettes; and
25 (B) present a valid driver's license issued under IC 9-24-3 or
26 identification card issued under IC 9-24-16 if the customer or
27 the customer's designee, in the opinion of the merchant or the
28 merchant's employee making the delivery, appears to be less
29 than thirty (30) years of age. born after June 30, 2004.
30 (2) The commission may impose a civil penalty of not more than
31 one thousand dollars ($1,000) if the merchant:
32 (A) delivers the cigarettes without first complying with section
33 6(a) of this chapter; or
34 (B) fails to obtain a signature and proof of identification of the
35 customer or the customer's designee under subdivision (1).
36 The commission shall deposit amounts collected under this
37 subdivision into the Richard D. Doyle youth tobacco education
38 and enforcement fund established by IC 7.1-6-2-6.
39 SECTION 9. IC 24-3-5-8, AS AMENDED BY P.L.49-2020,
40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 8. The commission may impose a civil penalty of
42 not more one thousand dollars ($1,000) on a:
2025 IN 322—LS 6268/DI 137 5
1 (1) customer who signs another person's name to a statement
2 required under section 4(1) of this chapter; or
3 (2) merchant who sells cigarettes by delivery sale to a person less
4 than twenty-one (21) years of age. born after June 30, 2004.
5 The commission shall deposit amounts collected under this section into
6 the Richard D. Doyle youth tobacco education and enforcement fund
7 established by IC 7.1-6-2-6.
8 SECTION 10. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
9 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
11 violation under this section and a violation under IC 7.1-7-6-5.
12 (b) A person who knowingly:
13 (1) sells or distributes tobacco, an e-liquid, or an electronic
14 cigarette to a person less than twenty-one (21) years of age; born
15 after June 30, 2004; or
16 (2) purchases tobacco, an e-liquid, or an electronic cigarette for
17 delivery to another person who is less than twenty-one (21) years
18 of age; was born after June 30, 2004;
19 commits a Class C infraction. For a sale to take place under this
20 section, the buyer must pay the seller for the tobacco, e-liquid, or
21 electronic cigarette.
22 (c) It is not a defense that the person to whom the tobacco, e-liquid,
23 or electronic cigarette was sold or distributed did not smoke, chew,
24 inhale, or otherwise consume the tobacco, e-liquid, or electronic
25 cigarette.
26 (d) The following defenses are available to a person accused of
27 selling or distributing tobacco, an e-liquid, or an electronic cigarette to
28 a person who is less than twenty-one (21) years of age: born after
29 June 30, 2004:
30 (1) The buyer or recipient produced a driver's license bearing the
31 purchaser's or recipient's photograph, showing that the purchaser
32 or recipient was of legal age to make the purchase.
33 (2) The buyer or recipient produced a photographic identification
34 card issued under IC 9-24-16-1, or a similar card issued under the
35 laws of another state or the federal government, showing that the
36 purchaser or recipient was of legal age to make the purchase.
37 (3) The appearance of the purchaser or recipient was such that an
38 ordinary prudent person would believe that the purchaser or
39 recipient was not less than thirty (30) years of age. born before
40 July 1, 2004.
41 (e) It is a defense that the accused person sold or delivered the
42 tobacco, e-liquid, or electronic cigarette to a person who acted in the
2025 IN 322—LS 6268/DI 137 6
1 ordinary course of employment or a business concerning tobacco, an
2 e-liquid, or electronic cigarettes including the following activities:
3 (1) Agriculture.
4 (2) Processing.
5 (3) Transporting.
6 (4) Wholesaling.
7 (5) Retailing.
8 (f) As used in this section, "distribute" means to give tobacco, an
9 e-liquid, or an electronic cigarette to another person as a means of
10 promoting, advertising, or marketing the tobacco, e-liquid, or electronic
11 cigarette to the general public.
12 (g) Unless the person buys or receives tobacco, an e-liquid, or an
13 electronic cigarette under the direction of a law enforcement officer as
14 part of an enforcement action, a person who sells or distributes tobacco,
15 an e-liquid, or an electronic cigarette is not liable for a violation of this
16 section unless the person less than twenty-one (21) years of age who
17 bought or received the tobacco, e-liquid, or electronic cigarette is
18 issued a citation or summons under section 10.5 of this chapter.
19 (h) (g) Notwithstanding IC 34-28-5-5(c), civil penalties collected
20 under this section must be deposited in the Richard D. Doyle youth
21 tobacco education and enforcement fund (IC 7.1-6-2-6).
22 SECTION 11. IC 35-46-1-10.2, AS AMENDED BY P.L.32-2021,
23 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 10.2. (a) A person may not be charged with a
25 violation under this section and a violation under IC 7.1-7-6-5.
26 (b) A retail establishment that sells or distributes tobacco, an
27 e-liquid, or an electronic cigarette to a person less than twenty-one (21)
28 years of age born after June 30, 2004, commits a Class C infraction.
29 For a sale to take place under this section, the buyer must pay the retail
30 establishment for the tobacco, e-liquid, or electronic cigarette.
31 (c) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
32 infraction committed under this section must be imposed as follows:
33 (1) If the retail establishment at that specific business location has
34 not been issued a citation or summons for a violation of this
35 section in the previous one (1) year, a civil penalty of up to four
36 hundred dollars ($400).
37 (2) If the retail establishment at that specific business location has
38 had one (1) citation or summons issued for a violation of this
39 section in the previous one (1) year, a civil penalty of up to eight
40 hundred dollars ($800).
41 (3) If the retail establishment at that specific business location has
42 had two (2) citations or summonses issued for a violation of this
2025 IN 322—LS 6268/DI 137 7
1 section in the previous one (1) year, a civil penalty of up to one
2 thousand four hundred dollars ($1,400).
3 (4) If the retail establishment at that specific business location has
4 had three (3) or more citations or summonses issued for a
5 violation of this section in the previous one (1) year, a civil
6 penalty of up to two thousand dollars ($2,000).
7 A retail establishment may not be issued a citation or summons for a
8 violation of this section more than once every twenty-four (24) hours
9 for each specific business location.
10 (d) It is not a defense that the person to whom the tobacco, e-liquid,
11 or electronic cigarette was sold or distributed did not smoke, chew,
12 inhale, or otherwise consume the tobacco, e-liquid, or electronic
13 cigarette.
14 (e) The following defenses are available to a retail establishment
15 accused of selling or distributing tobacco, an e-liquid, or an electronic
16 cigarette to a person who is less than twenty-one (21) years of age:
17 born after June 30, 2004:
18 (1) The buyer or recipient produced a driver's license bearing the
19 purchaser's or recipient's photograph showing that the purchaser
20 or recipient was of legal age to make the purchase.
21 (2) The buyer or recipient produced a photographic identification
22 card issued under IC 9-24-16-1 or a similar card issued under the
23 laws of another state or the federal government showing that the
24 purchaser or recipient was of legal age to make the purchase.
25 (3) The appearance of the purchaser or recipient was such that an
26 ordinary prudent person would believe that the purchaser or
27 recipient was not less than thirty (30) years of age. born before
28 July 1, 2004.
29 (f) It is a defense that the accused retail establishment sold or
30 delivered the tobacco, e-liquid, or electronic cigarette to a person who
31 acted in the ordinary course of employment or a business concerning
32 tobacco, an e-liquid, or electronic cigarettes for the following activities:
33 (1) Agriculture.
34 (2) Processing.
35 (3) Transporting.
36 (4) Wholesaling.
37 (5) Retailing.
38 (g) As used in this section, "distribute" means to give tobacco, an
39 e-liquid, or an electronic cigarette to another person as a means of
40 promoting, advertising, or marketing the tobacco or electronic cigarette
41 to the general public.
42 (h) Unless a person buys or receives tobacco, an e-liquid, or an
2025 IN 322—LS 6268/DI 137 8
1 electronic cigarette under the direction of a law enforcement officer as
2 part of an enforcement action, a retail establishment that sells or
3 distributes tobacco, an e-liquid, or an electronic cigarette is not liable
4 for a violation of this section unless the person less than twenty-one
5 (21) years of age, who bought or received the tobacco, e-liquid, or
6 electronic cigarette is issued a citation or summons under section 10.5
7 of this chapter.
8 (i) (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected
9 under this section must be deposited in the Richard D. Doyle youth
10 tobacco education and enforcement fund (IC 7.1-6-2-6).
11 (j) (i) A person who violates subsection (b) at least six (6) times in
12 any one (1) year commits habitual illegal sale of tobacco, a Class B
13 infraction.
14 SECTION 12. IC 35-46-1-11, AS AMENDED BY P.L.56-2023,
15 SECTION 323, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) A tobacco or electronic
17 cigarette vending machine that is located in a public place must bear
18 the following conspicuous notices:
19 (1) A notice:
20 (A) that reads as follows, with the capitalization indicated: "If
21 you are under 21 years of age, YOU ARE FORBIDDEN by
22 Indiana law to buy tobacco or electronic cigarettes from this
23 machine."; or
24 (B) that:
25 (i) conveys a message substantially similar to the message
26 described in clause (A); and
27 (ii) is formatted with words and in a form authorized under
28 the rules adopted by the alcohol and tobacco commission.
29 (2) A notice that reads as follows, "Smoking by Pregnant Women
30 May Result in Fetal Injury, Premature Birth, and Low Birth
31 Weight.".
32 (3) A notice printed in letters and numbers at least one-half (1/2)
33 inch high that displays a toll free phone number for assistance to
34 callers in quitting smoking, as determined by the Indiana
35 department of health.
36 (b) A person who owns or has control over a tobacco or electronic
37 cigarette vending machine in a public place and who:
38 (1) fails to post a notice required by subsection (a) on the vending
39 machine; or
40 (2) fails to replace a notice within one (1) month after it is
41 removed or defaced;
42 commits a Class C infraction.
2025 IN 322—LS 6268/DI 137 9
1 (c) An establishment selling tobacco or electronic cigarettes at retail
2 shall post and maintain in a conspicuous place, at the point of sale, the
3 following:
4 (1) Signs printed in letters at least one-half (1/2) inch high,
5 reading as follows:
6 (A) "The sale of tobacco or electronic cigarettes to persons
7 under 21 years of age born after June 30, 2004, is forbidden
8 by Indiana law.".
9 (B) "Smoking by Pregnant Women May Result in Fetal Injury,
10 Premature Birth, and Low Birth Weight.".
11 (2) A sign printed in letters and numbers at least one-half (1/2)
12 inch high that displays a toll free phone number for assistance to
13 callers in quitting smoking, as determined by the Indiana
14 department of health.
15 (d) A person who:
16 (1) owns or has control over an establishment selling tobacco or
17 electronic cigarettes at retail; and
18 (2) fails to post and maintain the sign required by subsection (c);
19 commits a Class C infraction.
2025 IN 322—LS 6268/DI 137