Indiana 2025 Regular Session

Indiana Senate Bill SB0372 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 372
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 7.1-7-6-5; IC 35-31.5-2-345.5; IC 35-46-1.
7	7	Synopsis: E-liquids and tobacco. Increases the penalty for a person
8	8	who: (1) makes a delivery sale of an e-liquid to an individual less than
9	9	21 years of age; (2) sells or distributes tobacco, an e-liquid, or an
10	10	electronic cigarette to a person less than 21 years of age; and (3)
11	11	purchases tobacco, an e-liquid, or an electronic cigarette for a person
12	12	less than 21 years of age; from a Class C infraction to a Class B
13	13	infraction. Makes it a Class B infraction for a person to make a delivery
14	14	sale of a vapor product to an individual less than 21 years of age.
15	15	Makes it a Class B infraction for a person to: (1) sell or distribute a
16	16	vapor product to a person less than 21 years of age; and (2) purchase
17	17	a vapor product for a person less than 21 years of age. Makes it a Class
18	18	C infraction for a person less than 21 years of age to possess an e-liquid
19	19	or vapor product.
20	20	Effective: July 1, 2025.
21	21	Alexander
22	22	January 13, 2025, read first time and referred to Committee on Corrections and Criminal
23	23	Law.
24	24	2025 IN 372—LS 7284/DI 107 Introduced
25	25	First Regular Session of the 124th General Assembly (2025)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2024 Regular Session of the General Assembly.
35	35	SENATE BILL No. 372
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	alcohol and tobacco.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 7.1-7-6-5, AS AMENDED BY P.L.49-2020,
40	40	2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	41	3 JULY 1, 2025]: Sec. 5. A person who knowingly or intentionally makes
42	42	4 a delivery sale of an e-liquid or a vapor product to an individual who
43	43	5 is less than twenty-one (21) years of age commits a Class C Class B
44	44	6 infraction.
45	45	7 SECTION 2. IC 35-31.5-2-345.5 IS ADDED TO THE INDIANA
46	46	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
47	47	9 [EFFECTIVE JULY 1, 2025]: Sec. 345.5. "Vapor product" means a
48	48	10 powered vaporizer that converts e-liquid to a vapor intended for
49	49	11 inhalation.
50	50	12 SECTION 3. IC 35-46-1-9.8 IS ADDED TO THE INDIANA CODE
51	51	13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
52	52	14 1, 2025]: Sec. 9.8. A person less than twenty-one (21) years of age
53	53	15 who possesses an e-liquid or a vapor product commits a Class C
54	54	16 infraction.
55	55	17 SECTION 4. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
56	56	2025 IN 372—LS 7284/DI 107 2
57	57	1 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
58	58	2 JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
59	59	3 violation under this section and a violation under IC 7.1-7-6-5.
60	60	4 (b) A person who knowingly:
61	61	5 (1) sells or distributes tobacco, an e-liquid, a vapor product, or
62	62	6 an electronic cigarette to a person less than twenty-one (21) years
63	63	7 of age; or
64	64	8 (2) purchases tobacco, an e-liquid, a vapor product, or an
65	65	9 electronic cigarette for delivery to another person who is less than
66	66	10 twenty-one (21) years of age;
67	67	11 commits a Class C Class B infraction. For a sale to take place under
68	68	12 this section, the buyer must pay the seller for the tobacco, e-liquid,
69	69	13 vapor product, or electronic cigarette.
70	70	14 (c) It is not a defense that the person to whom the tobacco, e-liquid,
71	71	15 a vapor product, or electronic cigarette was sold or distributed did not
72	72	16 smoke, chew, inhale, or otherwise consume the tobacco, e-liquid,
73	73	17 vapor product, or electronic cigarette.
74	74	18 (d) The following defenses are available to a person accused of
75	75	19 selling or distributing tobacco, an e-liquid, a vapor product, or an
76	76	20 electronic cigarette to a person who is less than twenty-one (21) years
77	77	21 of age:
78	78	22 (1) The buyer or recipient produced a driver's license bearing the
79	79	23 purchaser's or recipient's photograph, showing that the purchaser
80	80	24 or recipient was of legal age to make the purchase.
81	81	25 (2) The buyer or recipient produced a photographic identification
82	82	26 card issued under IC 9-24-16-1, or a similar card issued under the
83	83	27 laws of another state or the federal government, showing that the
84	84	28 purchaser or recipient was of legal age to make the purchase.
85	85	29 (3) The appearance of the purchaser or recipient was such that an
86	86	30 ordinary prudent person would believe that the purchaser or
87	87	31 recipient was not less than thirty (30) years of age.
88	88	32 (e) It is a defense that the accused person sold or delivered the
89	89	33 tobacco, e-liquid, vapor product, or electronic cigarette to a person
90	90	34 who acted in the ordinary course of employment or a business
91	91	35 concerning tobacco, an e-liquid, a vapor product, or electronic
92	92	36 cigarettes including the following activities:
93	93	37 (1) Agriculture.
94	94	38 (2) Processing.
95	95	39 (3) Transporting.
96	96	40 (4) Wholesaling.
97	97	41 (5) Retailing.
98	98	42 (f) As used in this section, "distribute" means to give tobacco, an
99	99	2025 IN 372—LS 7284/DI 107 3
100	100	1 e-liquid, vapor product, or an electronic cigarette to another person as
101	101	2 a means of promoting, advertising, or marketing the tobacco, e-liquid,
102	102	3 vapor product, or electronic cigarette to the general public.
103	103	4 (g) Unless the person buys or receives tobacco, an e-liquid, a vapor
104	104	5 product, or an electronic cigarette under the direction of a law
105	105	6 enforcement officer as part of an enforcement action, a person who
106	106	7 sells or distributes tobacco, an e-liquid, vapor product, or an
107	107	8 electronic cigarette is not liable for a violation of this section unless the
108	108	9 person less than twenty-one (21) years of age who bought or received
109	109	10 the tobacco, e-liquid, vapor product, or electronic cigarette is issued
110	110	11 a citation or summons under section 10.5 of this chapter.
111	111	12 (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
112	112	13 this section must be deposited in the Richard D. Doyle youth tobacco
113	113	14 education and enforcement fund (IC 7.1-6-2-6).
114	114	2025 IN 372—LS 7284/DI 107