Anaya Nolan
Indiana's tobacco laws are different from those of other states in the US. The state has a set of unique regulations that govern the sale, distribution, and consumption of tobacco products, including cigarettes, e-cigarettes, and other smoking devices. Indiana's Smoke Free Air Law, enacted in 2012, sets a minimum standard for indoor workplaces and public places where smoking is regulated, prohibiting smoking in most public spaces and workplaces. The state also has specific requirements for signage related to tobacco sales and consumption, age restrictions, and restrictions on the display and sale of tobacco products through vending machines. Indiana's tobacco tax is also lower than the national average, and the state has invested less in its quit line per smoker compared to the national average.
| Characteristics | Values |
|---|---|
| Cigarette tax | 99.5 cents per pack of 20 cigarettes |
| Moist snuff tax | 40 cents per ounce |
| Tax on other tobacco products | 24% of the wholesale price |
| Smoking prohibited in | All government workplaces, private workplaces, schools, childcare facilities, restaurants, retail stores (except tobacco and cigar specialty stores), and recreational/cultural facilities |
| Federal minimum age of sale of tobacco products | 21 |
| E-cigarette self-service displays and vending machine sales restricted to | Tobacco/vape shops and places inaccessible to underage persons |
| Self-service sale of | E-liquids prohibited |
| E-liquid marketing | Prohibited as a modified risk product |
| E-liquid manufacture and sale restricted to | Persons with proper permits |
| Maximum nicotine in e-liquids | 75 mg/ml |
| Specialty e-cigarette/e-liquid store proximity to schools | Cannot be located within 1,000 feet |
| Smoke-free air law exemption | Bars, casinos, private clubs, retail tobacco shops, and electronic cigarettes |
| Smoke-free signage | "Smoking is prohibited within eight feet of this entrance" |
| Free samples of smokeless tobacco allowed in | "Qualified adult-only facility" where no person younger than 21 is present |
| Vending machine sales allowed in | "Qualified adult-only facility" where no person younger than 21 is present |
| Affirmative defense for selling/distributing tobacco to underage individuals | Buyer produced valid identification showing they are of legal age |
| Retailer supervision and training | Required to handle and sell tobacco and vaping products |
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What You'll Learn
Indiana's Smoke Free Air Law
The purpose of the Smoke Free Air Law is to protect Hoosiers from the harmful effects of exposure to secondhand smoke, which contains over 4,000 substances, including 200 known poisons and 43 cancer-causing agents. The law sets a minimum standard for indoor workplaces and public places where smoking is regulated and allows cities and counties to pass stricter laws or include additional smoking regulations if desired.
To comply with the law, businesses must post signs stating that smoking is prohibited within eight feet of entrances, and these signs must be visible at each public entrance. Local smoke-free air laws supersede the statewide law, and violations are considered infractions, which do not result in criminal convictions or jail time.
Indiana also has specific regulations for e-cigarettes and e-liquids. The sale of e-liquids containing more than 75 mg/ml of nicotine is prohibited, and delivery sales of e-liquids must be prepaid and shipped only to the purchaser after verifying their age. Self-service sales of e-liquids are prohibited, and manufacturers, distributors, and retailers are restricted in how they can market and package these products. As of July 1, 2020, specialty e-cigarette/e-liquid stores cannot be located within 1,000 feet of a school.
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Cigarette tax
Indiana's cigarette tax laws have undergone significant changes in recent years, with the state implementing various measures to regulate the sale and consumption of tobacco products. One of the most notable changes took place in 2025, with the state's cigarette tax experiencing a substantial increase.
Prior to the change, Indiana had a cigarette tax of $0.995 per pack of 20 cigarettes, which was enacted in July 2007. This placed the state 39th in the US for cigarette tax, with a lower rate than many of its neighbouring states. However, this was set to change with the announcement of a tax hike in June 2025.
The new law, approved by lawmakers and Governor Braun, saw a dramatic rise in the state's cigarette tax. As of July 1, 2025, the tax on cigarettes tripled, increasing from just under $1 per pack to nearly $3 per pack, or $2.995 to be precise. This represented a tax hike of around 200%, a move that was expected to generate $800 million over two years for Indiana's Medicaid program. With this increase, Indiana now has the 12th highest state cigarette tax in the country, surpassing many of its neighbouring states.
The justification for this tax hike was twofold. Firstly, it aimed to address a budget deficit of $2 billion faced by the state. Secondly, and more importantly, it was a critical public health initiative. Proponents of the measure, including the American Cancer Society and the Indiana Chamber of Commerce, argued that higher cigarette taxes would likely lead to a reduction in smoking rates, particularly among youth. This could result in significant health benefits for the state's population.
However, there were also concerns raised about the impact of the tax hike. Convenience store operators and industry representatives warned that the increase would impose financial burdens on lower-income smokers and might even drive business out of the state, potentially leading to job losses. Nevertheless, the tax increase moved forward, reflecting Indiana's commitment to addressing tobacco use and its associated health and economic costs.
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E-cigarette and e-liquid restrictions
Indiana's "Smoke Free Air" Law prohibits smoking in most public places and workplaces. This includes the use of electronic cigarettes. However, some businesses are exempt from the policy, including bars, casinos, tobacco retail shops, and private clubs.
Indiana's "Tobacco 21" Law prohibits the sale of tobacco products, including e-cigarettes and e-liquids, to anyone under the age of 21. This law also requires updated signage for tobacco vending machines and prohibits individuals under 21 from entering tobacco shops and designated smoking rooms in clubs and fraternal clubs.
In addition, Indiana has the following restrictions on e-cigarettes and e-liquids:
- Self-service displays and vending machine sales of e-cigarettes are restricted to tobacco/vape shops and places inaccessible to underage persons.
- The self-service sale of e-liquids is prohibited.
- Manufacturers, distributors, and retailers are prohibited from marketing e-liquids as a modified-risk product.
- The manufacture and sale of e-liquids are restricted to persons with proper permits.
- Retailers are prohibited from selling e-liquids with more than 75 mg/ml of nicotine.
- Specialty e-cigarette/e-liquid stores cannot be located within 1,000 feet of a school.
- The sale of e-liquids or electronic cigarettes containing vitamin E acetate is prohibited.
A bill has also been proposed to ban the distribution, sale, delivery, barter, or exchange of e-liquids and vapor products in Indiana, set to take effect on July 1, 2025.
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Retailer requirements
In Indiana, retailers must comply with federal laws and regulations for retailers.
Retail establishments, such as vape shops, that mix and/or prepare e-liquids or assemble vaporizers are considered "tobacco product manufacturers." Many separate regulations will apply.
Retailers that operate as an adult-only facility, such as tobacco-only stores or vape stores, are required to post the following on all entrances:
- A sign in boldface type that states: "NOTICE: It is unlawful for a person less than 21 years old to enter this store."
- A sign printed in letters and numbers at least one-half (1/2) inch high that displays a toll-free phone number for assistance to callers in quitting smoking, as determined by the state department of health.
Retailers must check photo ID for everyone under 30 who attempts to purchase tobacco products, including cigarettes, cigarette tobacco, or roll-your-own tobacco. Tobacco products can only be sold to customers aged 21 or older.
Retailers are prohibited from selling e-liquids with more than 75 mg/ml of nicotine. A retailer who ships an e-liquid from a delivery sale order must include a document with the following statement: "E-LIQUIDS: Indiana law prohibits the sale of this product to a person who is less than 21 years of age."
The illegal sale of tobacco products to persons under 21 years old is a criminal Class C infraction punishable by a judgment and fine of up to $500. In addition, violators are subject to civil penalties: $400 for the first offense, $800 for a second offense within one year, $1,400 for a third offense within one year, and $2,000 for the fourth and subsequent offenses within a year.
A person accused of selling or distributing tobacco to a person under 21 years old may assert an affirmative defense if:
- The buyer produced a driver's license showing that they were of legal age to make the purchase.
- The buyer produced a state photographic identification card or a card issued by another state or the federal government, showing that they were of legal age to make the purchase.
- The appearance of the buyer was such that an ordinary prudent person would believe that the buyer was 30 or older.
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Enforcement and penalties
Indiana's Tobacco 21 law, which came into effect on July 1, 2020, imposes several penalties for non-compliance. The law prohibits the sale of tobacco products, including cigarettes, non-combustible tobacco products, e-cigarette devices, and e-liquids, to individuals under the age of 21.
The sale or distribution of tobacco products to minors by retail establishments is considered a Class C infraction. Civil penalties for such violations range from \$200 to \$2,000, depending on the number of citations issued within a specific timeframe. For instance, a first-time violation may result in a civil penalty of up to \$400, while subsequent violations within a year can lead to penalties of up to \$800 for the second offence, \$1,400 for the third, and \$2,000 for the fourth and subsequent offences.
Retailers are required to display specific signage at the point of sale, warning about the illegality of selling tobacco products to individuals under 21 and the health risks associated with smoking during pregnancy. Failure to comply with these signage requirements may result in additional penalties.
To enforce the Tobacco 21 law, the FDA conducts compliance checks and inspections of retail stores. They may use minors, under the supervision of law enforcement officers and with parental consent, to attempt to purchase tobacco products and identify non-compliant retailers. The FDA has various enforcement tools at its disposal, including civil money penalties, warning letters, seizures, injunctions, no-sale orders, and criminal prosecution.
Additionally, Indiana's law introduces penalties for individuals under 21 who possess, use, or purchase tobacco products. This includes a Class C infraction for possessing tobacco products or false identification, and a Class B infraction for habitual illegal sale of tobacco, defined as violating the law at least six times in a year.
The civil penalties collected under these provisions are deposited into the Richard D. Doyle youth tobacco education and enforcement fund, contributing to tobacco education and prevention initiatives.
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Frequently asked questions
Indiana's Smoke-Free Air Law, also known as House Enrolled Act 1149, came into effect on July 1, 2012. It prohibits smoking in most public places and workplaces, including government and private workplaces, schools, childcare facilities, restaurants, retail stores, and recreational/cultural facilities.
In Indiana, it is illegal to sell tobacco, e-liquid, or electronic cigarettes to anyone under the age of 21. Retailers are required to post signs stating that sales to underage consumers are prohibited and must also display a toll-free phone number for assistance with quitting smoking.
Yes, there are several restrictions on the sale of e-cigarettes and e-liquids in Indiana. Self-service displays and vending machine sales of e-cigarettes are limited to tobacco/vape shops and places inaccessible to minors. The self-service sale of e-liquids is prohibited, and retailers are restricted from selling e-liquids with more than 75 mg/ml of nicotine. Additionally, specialty e-cigarette/e-liquid stores cannot be located within 1,000 feet of a school.
