Tobacco, e-liquid, and vapor devices., the official text

Second Regular Session of the 124th General Assembly (2026)

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 2025 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 144

   AN ACT to amend the Indiana Code concerning criminal law and
procedure.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 7.1-1-3-47.5, AS AMENDED BY P.L.163-2025,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 47.5. (a) "Tobacco product", except as provided
in subsection (b), has the meaning set forth in IC 7.1-6-1-3.

   (b) "Tobacco product", for purposes of IC 7.1-3-18.5, means a
product that:

      (1) contains tobacco or nicotine, including e-liquid (as defined by
      IC 7.1-7-2-10) and e-liquid products (as defined by
      IC 7.1-7-2-10.5);
      (2) is intended for human consumption; and
      (3) is not approved by the federal Food and Drug Administration
      for tobacco cessation.
   SECTION 2. IC 7.1-7-6-5, AS AMENDED BY ESB 185-2026,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. A person who knowingly or intentionally makes
a delivery sale of an e-liquid, an e-liquid product, or a vapor device to
an individual who is less than twenty-one (21) years of age commits a
Class C Class B infraction.
   SECTION 3. IC 35-31.5-2-107.5, AS ADDED BY P.L.49-2020,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 107.5. "E-liquid" for purposes of IC 35-46-1, has

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the meaning set forth in IC 35-46-1-1.4.
   SECTION 4. IC 35-31.5-2-345.4 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 345.4. "Vapor device" means a
powered vaporizer that converts e-liquid to a vapor intended for
inhalation.

   SECTION 5. IC 35-46-1-10, AS AMENDED BY P.L.163-2025,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) A person may not be charged with a
violation under this section and a violation under IC 7.1-7-6-5.

   (b) A person who knowingly:
      (1) sells or distributes a tobacco product or a vapor device to a
      person less than twenty-one (21) years of age; or
      (2) purchases a tobacco product or a vapor device for delivery to
      another person who is less than twenty-one (21) years of age;

commits a Class C Class B infraction. For a sale to take place under
this section, the buyer must pay the seller for the tobacco product or
vapor device.

   (c) It is not a defense that the person to whom the tobacco product
or vapor device was sold or distributed did not smoke, chew, inhale,
or otherwise consume the tobacco product or vapor device.

   (d) The following defenses are available to a person accused of
selling or distributing a tobacco product or a vapor device to a person
who is less than twenty-one (21) years of age:

      (1) The buyer or recipient produced a driver's license bearing the
      purchaser's or recipient's photograph, showing that the purchaser
      or recipient was of legal age to make the purchase.
      (2) The buyer or recipient produced a photographic identification
      card issued under IC 9-24-16-1, or a similar card issued under the
      laws of another state or the federal government, showing that the
      purchaser or recipient was of legal age to make the purchase.
      (3) The appearance of the purchaser or recipient was such that an
      ordinary prudent person would believe that the purchaser or
      recipient was not less than thirty (30) years of age.
   (e) It is a defense that the accused person sold or delivered the
tobacco product or vapor device to a person who acted in the ordinary
course of employment or a business concerning tobacco products or
vapor devices including the following activities:
      (1) Agriculture.
      (2) Processing.
      (3) Transporting.
      (4) Wholesaling.

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      (5) Retailing.
   (f) As used in this section, "distribute" means to give a tobacco
product or a vapor device to another person as a means of promoting,
advertising, or marketing the tobacco product or vapor device to the
general public.
   (g) Unless the person buys or receives a tobacco product or a vapor
device under the direction of a law enforcement officer as part of an
enforcement action, a person who sells or distributes a tobacco product
or a vapor device is not liable for a violation of this section unless the
person less than twenty-one (21) years of age who bought or received
the tobacco product or vapor device is issued a citation or summons
under section 10.5 of this chapter.
   (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
this section must be deposited in the Richard D. Doyle tobacco
education and enforcement fund (IC 7.1-6-2-6).
   SECTION 6. IC 35-46-1-10.5, AS AMENDED BY P.L.163-2025,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10.5. (a) A person less than twenty-one (21) years
of age who:

      (1) purchases a tobacco product or vapor device;
      (2) accepts a tobacco product or vapor device for personal use;
      or
      (3) possesses a tobacco product or vapor device on the person's
      person;
commits a Class C infraction.
   (b) It is a defense under subsection (a) that the accused person acted
in the ordinary course of employment in a business concerning a
tobacco product or vapor device for the following activities:
      (1) Agriculture.
      (2) Processing.
      (3) Transporting.
      (4) Wholesaling.
      (5) Retailing.
   (c) A person less than twenty-one (21) years of age who has in the
person's possession false or fraudulent evidence of majority or identity
with the intent to purchase a tobacco product or vapor device commits
a Class C infraction.
   SECTION 7. IC 35-46-1-11.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 11.1. (a) A person may not
advertise an e-liquid or a vapor product (as defined in
IC 7.1-7-2-23), by any medium, within one thousand (1,000) feet of

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school property (as defined in IC 35-31.5-2-285).
   (b) A person who violates this section commits a Class C

infraction. However, the violation is a Class C misdemeanor if the
person has a prior unrelated judgment for violating this section.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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