Introduced Version
SENATE BILL No. 372
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-7-6-5; IC 35-31.5-2-345.5; IC 35-46-1.
Synopsis: E-liquids and tobacco. Increases the penalty for a person
who: (1) makes a delivery sale of an e-liquid to an individual less than
21 years of age; (2) sells or distributes tobacco, an e-liquid, or an
electronic cigarette to a person less than 21 years of age; and (3)
purchases tobacco, an e-liquid, or an electronic cigarette for a person
less than 21 years of age; from a Class C infraction to a Class B
infraction. Makes it a Class B infraction for a person to make a delivery
sale of a vapor product to an individual less than 21 years of age.
Makes it a Class B infraction for a person to: (1) sell or distribute a
vapor product to a person less than 21 years of age; and (2) purchase
a vapor product for a person less than 21 years of age. Makes it a Class
C infraction for a person less than 21 years of age to possess an e-liquid
or vapor product.
Effective: July 1, 2025.
Alexander
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 372—LS 7284/DI 107 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. 372
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 7.1-7-6-5, 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 Class B
6 infraction.
7 SECTION 2. IC 35-31.5-2-345.5 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2025]: Sec. 345.5. "Vapor product" means a
10 powered vaporizer that converts e-liquid to a vapor intended for
11 inhalation.
12 SECTION 3. IC 35-46-1-9.8 IS ADDED TO THE INDIANA CODE
13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
14 1, 2025]: Sec. 9.8. A person less than twenty-one (21) years of age
15 who possesses an e-liquid or a vapor product commits a Class C
16 infraction.
17 SECTION 4. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
2025 IN 372—LS 7284/DI 107 2
1 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
3 violation under this section and a violation under IC 7.1-7-6-5.
4 (b) A person who knowingly:
5 (1) sells or distributes tobacco, an e-liquid, a vapor product, or
6 an electronic cigarette to a person less than twenty-one (21) years
7 of age; or
8 (2) purchases tobacco, an e-liquid, a vapor product, or an
9 electronic cigarette for delivery to another person who is less than
10 twenty-one (21) years of age;
11 commits a Class C Class B infraction. For a sale to take place under
12 this section, the buyer must pay the seller for the tobacco, e-liquid,
13 vapor product, or electronic cigarette.
14 (c) It is not a defense that the person to whom the tobacco, e-liquid,
15 a vapor product, or electronic cigarette was sold or distributed did not
16 smoke, chew, inhale, or otherwise consume the tobacco, e-liquid,
17 vapor product, or electronic cigarette.
18 (d) The following defenses are available to a person accused of
19 selling or distributing tobacco, an e-liquid, a vapor product, or an
20 electronic cigarette to a person who is less than twenty-one (21) years
21 of age:
22 (1) The buyer or recipient produced a driver's license bearing the
23 purchaser's or recipient's photograph, showing that the purchaser
24 or recipient was of legal age to make the purchase.
25 (2) The buyer or recipient produced a photographic identification
26 card issued under IC 9-24-16-1, or a similar card issued under the
27 laws of another state or the federal government, showing that the
28 purchaser or recipient was of legal age to make the purchase.
29 (3) The appearance of the purchaser or recipient was such that an
30 ordinary prudent person would believe that the purchaser or
31 recipient was not less than thirty (30) years of age.
32 (e) It is a defense that the accused person sold or delivered the
33 tobacco, e-liquid, vapor product, or electronic cigarette to a person
34 who acted in the ordinary course of employment or a business
35 concerning tobacco, an e-liquid, a vapor product, or electronic
36 cigarettes including the following activities:
37 (1) Agriculture.
38 (2) Processing.
39 (3) Transporting.
40 (4) Wholesaling.
41 (5) Retailing.
42 (f) As used in this section, "distribute" means to give tobacco, an
2025 IN 372—LS 7284/DI 107 3
1 e-liquid, vapor product, or an electronic cigarette to another person as
2 a means of promoting, advertising, or marketing the tobacco, e-liquid,
3 vapor product, or electronic cigarette to the general public.
4 (g) Unless the person buys or receives tobacco, an e-liquid, a vapor
5 product, or an electronic cigarette under the direction of a law
6 enforcement officer as part of an enforcement action, a person who
7 sells or distributes tobacco, an e-liquid, vapor product, or an
8 electronic cigarette is not liable for a violation of this section unless the
9 person less than twenty-one (21) years of age who bought or received
10 the tobacco, e-liquid, vapor product, or electronic cigarette is issued
11 a citation or summons under section 10.5 of this chapter.
12 (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
13 this section must be deposited in the Richard D. Doyle youth tobacco
14 education and enforcement fund (IC 7.1-6-2-6).
2025 IN 372—LS 7284/DI 107