Vaping Laws in Indiana: Age, Sales Ban Bill & Tax Guide

Vaping Laws in Indiana

Indiana has established a detailed and evolving set of regulations for vaping products, including e-cigarettes, vape pens, and e-liquids. Driven by public health objectives, the Hoosier State combines strict age restrictions, comprehensive public use prohibitions, specific taxation policies, and rigorous retailer responsibilities. It is crucial for consumers, retailers, and manufacturers to understand this multifaceted legal framework .

This guide provides an in-depth look at Indiana’s current vaping laws, incorporating recent legislative updates and authoritative sources to help you navigate the regulatory landscape with clarity and ensure compliance.

At the core of Indiana’s approach to vaping is a clear focus on preventing underage access, supported by both state and federal law, alongside specific definitions that categorize these products for regulatory purposes.

Defining “Electronic Cigarette,” “E-Liquid,” and “Vapor Product”

Indiana law provides specific definitions to ensure comprehensive regulatory coverage:

  • Electronic Cigarette: Defined as a device that delivers nicotine or other substances to the person inhaling from the device through a vaporized solution. This includes components and cartridges, as per Indiana Code § 35-46-1-1.5.
  • E-liquid: A substance that may or may not contain nicotine and is intended to be vaporized and inhaled using an electronic cigarette, as defined in Indiana Code § 7.1-7-2-10.
  • Vapor Product: A powered vaporizer that converts e-liquid to an inhalable vapor, subject to specific taxation under Indiana Code § 6-7-4-2.
  • Tobacco Product: This broader category includes any product that contains tobacco or nicotine and is intended for human consumption, explicitly encompassing e-liquids containing nicotine.

These definitions ensure that a wide range of vaping devices and consumables fall under state regulatory control.

Indiana firmly enforces a minimum legal sales age of 21 for all tobacco and nicotine products, which explicitly includes all e-cigarettes, vapor products, and e-liquids. This “Tobacco 21” standard became effective statewide on July 1, 2020, aligning Indiana with federal legislation aimed at curbing youth nicotine initiation. It is illegal for anyone under 21 to purchase, possess, or use these products.

Retailers are legally mandated to verify the age of any purchaser who appears to be under 40 years old (some interpretations suggest under 30 for initial appearance, then under 40 for ID check) by examining a valid government-issued photographic identification. Selling, giving, or otherwise furnishing a vapor product to anyone under 21 is a serious offense. Violations by retailers can lead to escalating fines, starting at $400 for a first offense and rising to $2,000 for three or more citations within a year, with the potential for a Class B Misdemeanor for six or more violations. For individuals under 21, possession or use is typically a Class C infraction, which can result in fines up to $500.

Where Vaping is Prohibited in Indiana

Where Vaping is Prohibited in Indiana

Indiana has robust laws restricting where vaping can occur, primarily aimed at protecting the public from secondhand aerosol exposure and denormalizing the use of these products in shared environments.

Indiana’s Smoke-Free Air Law: Extended to Vaping

Indiana’s statewide Smoke-Free Air Law (IC 7.1-5-12), which originally targeted traditional smoking, has been interpreted or amended to include electronic cigarettes and vapor products. This means that vaping is prohibited in most public places and places of employment where smoking is also banned. These locations typically include:

  • Most workplaces and offices.
  • Restaurants (with limited exceptions for separately ventilated bar areas in some cases, though local laws are often stricter).
  • Retail stores.
  • Public buildings and government facilities.
  • Healthcare facilities and hospitals.
  • Childcare facilities.
  • Within eight (8) feet of a public entrance to a public place or a place of employment.

Educational Institutions

Vaping is strictly prohibited on all K-12 public school property, in school vehicles, and at school-sponsored events. Most, if not all, college and university campuses in Indiana have also implemented comprehensive smoke-free and vape-free policies covering their entire grounds.

Exemptions and Local Ordinances

The statewide Smoke-Free Air Law does have some exemptions where smoking (and potentially vaping, subject to owner policy) might be permitted, such as:

  • Private residences (unless used as a licensed childcare or healthcare facility).
  • Tobacco and vape shops that derive at least 85% of their revenue from tobacco or vaping products and restrict entry to those 21 and older.
  • Designated smoking/vaping rooms in hotels and motels (a limited percentage).
  • Private clubs and fraternal organizations (membership-based and meeting specific criteria).

However, it is crucial to note that many Indiana municipalities and counties have enacted their own, often stricter, local ordinances that eliminate these exemptions or extend vaping bans to other public areas like parks, outdoor dining, or even bars and casinos. Cities like Austin, Bloomington, Carmel, Columbus, Franklin, Goshen, Indianapolis, and South Bend are examples of municipalities with more comprehensive local smoke-free/vape-free laws. Therefore, always check local signage and regulations.

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Selling Vaping Products: Retailer Regulations and Licensing

The sale and distribution of vaping products in Indiana are tightly controlled, with specific requirements for retailers.

Mandatory Retailer Licensing and Operational Requirements

  • E-Cigarette Retailer Certificate: All businesses that sell e-cigarettes and vapor products must obtain an E-Cigarette Retailer Certificate from the Indiana Alcohol & Tobacco Commission (ATC). Some sources indicate a specific retail dealer’s certificate from the Indiana Department of State Revenue is needed, valid for one year, non-transferable, with a $25 application fee and a minimum $1,000 surety bond. Retailers should verify current requirements directly with the ATC.
  • Location Restrictions: New specialty e-cigarette/e-liquid stores established after July 1, 2020, cannot be located within 1,000 feet of a public school.
  • No Self-Service Displays: Self-service displays and vending machine sales of electronic cigarettes are generally restricted to tobacco/vape shops or other areas inaccessible to individuals under 21.
  • Nicotine Content Cap: Retailers are prohibited from selling e-liquids with a nicotine content exceeding 75 mg/ml.
  • No Modified Risk Marketing: Manufacturers, distributors, and retailers are prohibited from marketing e-liquids as modified risk tobacco products unless specifically authorized by the FDA.

Online Sales and Delivery

Indiana law presents significant hurdles for online sales of vaping products directly to consumers. A key provision requires that the delivery sale of e-liquids must be completed face-to-face at the time of purchase. This requirement effectively bans most direct-to-consumer online sales from out-of-state retailers shipping to Indiana residents, as remote age verification and signature upon delivery by a common carrier do not meet this stringent face-to-face transaction mandate at the point of sale. Shipping documents for any permissible e-liquid sales (e.g., business-to-business) must explicitly state: “E-LIQUIDS: Indiana law prohibits the sale of this product to a person who is less than 21 years of age.“

Taxation of Vaping Products

As of July 1, 2022, Indiana levies two distinct state excise taxes on e-cigarettes, in addition to the standard state sales tax. This taxation aims to generate revenue and potentially discourage use, particularly among youth.

  1. Closed System Cartridge Tax: A tax of 15% of the wholesale price is applied to pre-filled e-cigarette cartridges or pods that are sealed by the manufacturer and not intended to be refilled by the consumer. This tax is collected by distributors or remote sellers.
  2. Electronic Cigarette Tax (Open Systems & E-Liquids): A tax of 15% of the gross retail income is applied to the sale of consumable materials (e-liquids sold in bottles for use in open, refillable systems) and vapor products (the open system devices themselves). This tax is collected by retailers at the point of sale.

Retailers are mandated to register as retail merchants and are responsible for diligently collecting and remitting the applicable taxes. They may also need to obtain an Open System Retail Dealer’s Certificate and file monthly reports for the electronic cigarette tax.

Product Regulations: Flavors and Nicotine

  • Flavor Ban Status: As of now (mid-2025), Indiana does not have a statewide ban on the sale of flavored vaping products. However, federal FDA regulations restrict flavors in pre-filled cartridge-based systems (like JUUL in its original form) to only tobacco and menthol, unless a specific flavored product has received FDA marketing authorization. This federal rule does not apply to open-system e-liquids or most disposable vapes, meaning many flavored products remain legally available in Indiana, subject to local ordinances.
  • Nicotine Strength Caps: As mentioned, Indiana law prohibits the sale of e-liquids with a nicotine concentration exceeding 75 mg/ml.
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ECIGATOR

Ecigator is one of the well-known vape brands spun off from FM Technology Co., Ltd, it’s an ISO-certified disposable vape manufacturer for OEMs, ODMs, and OBM since 2010. The founder team comes from top firms with more than 10 years of experience in the vaping industry and has devoted thousands of hours to providing users with a better and better experience.

Impending and Proposed Legislation

The regulatory landscape in Indiana remains dynamic, with ongoing legislative efforts to further restrict vaping products.

House Bill 1218: The Proposed Statewide Ban (Status as of June 2025)

A significant proposal that generated considerable attention was House Bill 1218 (H.B. 1218), introduced in the 2025 legislative session. This bill aimed to enact a complete statewide ban on the sale and distribution of all e-liquids and vapor products in Indiana, with a proposed effective date of July 1, 2025. If passed as originally written, this would have effectively closed all vape shops and prohibited all online sales of these products within the state, imposing severe penalties for violations.

However, as of June 10, 2025, legislative tracking indicated that H.B. 1218 was referred to the Committee on Public Policy in January 2025 and had not seen further action or passed into law. This suggests that while the push for a total ban exists, it has not yet succeeded. Stakeholders should continue to monitor legislative developments closely.

Other Regulatory Considerations: House Bill 1650

Another piece of proposed legislation, H.B. 1650, aimed to establish a burdensome regulatory framework, including a state-level Premarket Tobacco Product Application (PMTA) registry. Critics argued such measures could further restrict product availability and potentially favor larger tobacco companies by creating significant barriers to market entry for smaller businesses. The status of this bill also requires ongoing monitoring.

Conclusion

Indiana has established a comprehensive and actively evolving regulatory framework for vaping products, clearly prioritizing public health and the prevention of youth access to nicotine. The strict 21+ age limit, extensive prohibitions on public indoor vaping, specific taxation structure, and the particularly restrictive rules effectively banning most direct-to-consumer online sales create a tightly controlled market. While a statewide flavor ban has not been enacted, and a proposed total sales ban under H.B. 1218 has not (yet) passed, the legislative intent towards stricter control is evident.

For consumers, this means being acutely aware of age restrictions and where vaping is permissible. For retailers, meticulous adherence to licensing, age verification, tax collection, and sales practice regulations is non-negotiable to avoid significant penalties. As public health understanding of vaping continues to develop and legislative sessions bring new proposals, Indiana’s vaping laws are likely to see further refinements. Staying informed through official state resources like the Indiana Alcohol & Tobacco Commission and the Indiana General Assembly website is crucial for all stakeholders to ensure ongoing compliance and responsible engagement with vaping products in the Hoosier State.

References

  1. Indiana Alcohol & Tobacco Commission – Tobacco Information (General resource for retailer compliance)
  2. Public Health Law Center – U.S. E-Cigarette Regulations – Indiana (Comprehensive overview)
  3. LegiScan – Indiana House Bill 1218 (2025) (Bill tracking for proposed ban)
  4. FindLaw – Indiana Code § 35-46-1-10.5 (Sale of tobacco product to a minor)
  5. Reddit – Discussion on Indiana Vape Ban (HB1218) (Public discussion, not an official source but reflects sentiment)
  6. Indiana Code § 7.1-7-5-1.1(e) (Regarding nicotine content limit – specific link needed if available, general reference from Part 3)
  7. Indiana Code §§ 35-46-1-11.8, 35-46-1-11.5(c) (Regarding self-service displays/vending – specific links needed, general reference from Part 3)
  8. Breathe Easy Indiana – Statewide Policy (Smoke-Free Air Law)
  9. Indiana Code § 7.1-7-4-1(a) (Regarding manufacturing permits – specific link needed, general reference from Part 3)
  10. Indiana State Department of Health – Tobacco Prevention and Cessation (General resource)
  11. Indiana General Assembly (Official legislative information)
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