News/Pubs/Events

Indiana’s Tobacco 21 Law Is in Effect

Indiana’s Tobacco 21 law went into effect today, July 1, 2020. The new law encompasses all tobacco products including non-combustible tobacco products, e-cigarette devices and e-liquid.

Tobacco 21 Overview

  • Minimum legal sale age increased from 18 to 21;
  • Includes cigarettes, non-combustible tobacco products including refillable e-liquid and other combustible tobacco products;
  • Requires updated signage for tobacco vending machines, stores and point of sales (links to required signs below);
  • Age of requesting photo identification increased from appearance of 27 to 30;
  • Tobacco and vaping shops cannot be located within 1000 ft. of public schools, increased from 200 ft.;
  • Clubs and fraternal clubs with designated smoking rooms must prohibit individuals under the age of 21 from entering their smoking room;
  • Tobacco shops must prohibit anyone under the age of 21 from entering, including employees;
  • Forbids sale of products containing Vitamin E Acetate;
  • Increased criminal penalties;
    • Class C Misdemeanor for underage possession, use, or purchase
    • Retail penalties based on previous 1 year:
      • 0 previous citations: $400
      • 1 previous citation: $800
      • 2 previous citations: $1400
      • 3 or more citations: $2000
      • Class B Misdemeanor for 6 or more retail citations in 1 year.

If you have any questions, please contact the Bose McKinney & Evans Hospitality and Alcoholic Beverage Law team.

Resources:

Retailer Tobacco 21 FAQ
Tobacco Point of Sale, Door & Tobacco Machine Sign #1
Tobacco Machine Sign #2 (Tobacco machines require signs #1 and #2)
Tobacco Store Sign
Senate Enrolled Act 1