§ 35-46-1-10 — Sale or distribution of tobacco product

Indiana § 35-46-1-10

• Jurisdiction: Indiana
• Art. 46: MISCELLANEOUS OFFENSES
• Ch. 1: Offenses Against the Family

Text

(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 to a person less than
twenty-one (21) years of age; or
(2) purchases a tobacco product for delivery to another person
who is less than twenty-one (21) years of age;
commits a Class C infraction. For a sale to take place under this
section, the buyer must pay the seller for the tobacco product.
(c) It is not a defense that the person to whom the tobacco product
was sold or distributed did not smoke, chew, inhale, or otherwise
consume the tobacco product.
(d) The following defenses are available to a person accused of
selling or distributing a tobacco product 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 to a person who acted in the ordinary course of
employment or a business concerning tobacco products including the
following activities:
(1) Agriculture.
(2) Processing.
(3) Transporting.
(4) Wholesaling.
(5) Retailing.
(f) As used in this section, "distribute" means to give a tobacco
product to another person as a means of promoting, advertising, or
marketing the tobacco product to the general public.
(g) Unless the person buys or receives a tobacco product under the
direction of a law enforcement officer as part of an enforcement action,
a person who sells or distributes a tobacco product 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 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).
As added by Acts 1980, P.L.209, SEC.1. Amended by
P.L.330-1983, SEC.1; P.L.318-1987, SEC.3; P.L.125-1988, SEC.4;
P.L.177-1999, SEC.10; P.L.1-2001, SEC.37; P.L.204-2001, SEC.65;
P.L.252-2003, SEC.17; P.L.20-2013, SEC.5; P.L.49-2020, SEC.30;
P.L.32-2021, SEC.97; P.L.163-2025, SEC.62.