About Indiana Smoking Laws
In an effort to safeguard the health of the state’s citizens, Indiana adopted smoking laws that limit smoking in public places and workplaces. Although lawmakers covet a future when smoking is extinguished the minute you step into an establishment that sells food or drink, that hasn’t happened yet. However, the Indiana law does now regulate where you can and cannot light up. And, per those regulations, you can’t light up just anywhere.
The Indiana Clean Indoor Air Act, Indiana Code 7.1-5-12-1 et seq., took effect on July 1, 2012. Under the law, smoking is prohibited in work spaces and most other enclosed public places in Indiana — including restaurants , shopping malls, parks, loading docks and more — with a few exceptions, which include:
Related to the smoking law, we’ve done a lot of research on where smoking is permitted, where smoking is banned, tips to break the smoking habit, and much more. The truth is, Indiana smoking laws are a lot different from nearby Illinois smoking regulations. And, the Indiana smoking law has nuances even within its basic rules.
As part of our goal to be your partner for Indiana, we’re committed to being your best resource to break down smoking laws for you and your employees.
The law also applies to electronic cigarettes. Vaping is not allowed in tobacco-free areas in Indiana.
Restrictions on Smoking in Public
Where smoking is prohibited
Indiana laws prohibit smoking in public buildings and public places, work places and in all government owned locations. Any building that is owned by the State of Indiana or any political subdivision of the State of Indiana forbids smoking. In addition any building that is leased or under the control of the State of Indiana or any political subdivision of the State of Indiana prohibits smoking. Public Places that are owned or leased by government entities also forbid smoking. Specifically any building that is owned by the State of Indiana, any political subdivision of the State of Indiana, any facility for public meetings, a library, educational facility, recreational facility, childcare facility, child development facility, a central administrative office, or an enclosed sports facility. Certain exceptions to this rule are for nursing homes or facilities which provide care for individuals with developmental disabilities, or for facilities including bars or taverns. Smoking is also not allowed in restaurants, either public or private. An establishment in which food or beverages are prepared and sold for consumption on the premises is included in this law. Exceptions to this rule include establishments that do not employ any employees to serve food or beverages, establishments that do not possess a retail food establishment permit, establishments where each dining area is a completely separate room, areas which are completely separated by m-legal doors, a bar or tavern, or certain other establishments such as country clubs, fraternal or private service organizations, and lounges primarily selling alcoholic drinks for consumption on the premises.
Restrictions on Age and Tobacco Sales
In Indiana, it is illegal to sell or give away tobacco products to anyone under 18 years of age. The law also prohibits retailers from selling cigarettes or other tobacco products to anyone who cannot present a valid government-issued photo identification at the time of purchase.
The minimum legal age for the purchase of all tobacco products is 18. Persons under age 18 may possess tobacco products only under the supervision of parents and for religious, medical, or dental purposes. Likewise, those under age 18 may possess tobacco products in connection with legitimate employment that involves the selling, distribution, or delivery of tobacco products.
In Indiana, all retailers and employees of retailers must be trained on the Tobacco Age Restriction Law. Signage with information regarding this training must be displayed on the premises at point of sale. The Law prohibits any person from accepting a fake or real identification card to determine the buyer’s age. Only government-issued photo identification cards can be accepted for this purpose.
The penalty for a first violation of the Indiana Tobacco Age Restriction Law is a written warning. For a second violation, the retailer or employee of the retailer must be fined as follows: For retailers or their employees, the penalty for a third or subsequent violation of the law is a civil penalty of $500 for each violation. For persons selling cigarettes, the penalty for a third or subsequent violation of the law is a civil penalty of $2,500 for each violation.
Violations of Smoking Laws and Their Penalties
Violations of the Indiana smoking law can give rise to civil and criminal penalties. Businesses and individuals found in violation of the smoking laws face fines usually between $100-$500. These fines are imposed for the violation of a designated non-smoking area, obstruction of a designated non-smoking area, failure of the person in charge of a place to remove a smoking person from a designated non-smoking area, and refusal to lawfully comply with the law enforcement officers or other agency determined to be in charge of enforcing the law. The smoking law also provides that a person (not necessarily the business) can be fined for reckless provision of or allowing smoking when prohibited or "allowing smoking" a condition of employment is a Class C misdemeanor, which is punishable by up to 60 days’ incarceration and/or a fine of up to $500.
Resources for Indiana Smoking Cessation
Recognizing the challenges that come with quitting smoking and the toll that smoking takes on health and finances, Indiana offers a range of support and assistance for those wishing to quit. The Indiana Quit Line is a free and confidential resource for all those looking to kick the habit. This telephone-based service provides support to all Hoosiers regardless of income, education level, or smoking status. Smokers can receive individualized support, counseling, and even self-help materials.
Programs such as "Freedom From Smoking," conducted at churches, churches and public organizations across the state give a more structured approach to quitting smoking. This series of sessions helps individuals develop the tools and strategies necessary to successfully quit smoking, while offering group support to deal with cravings and building confidence in their ability to remain smoke-free . Free training for community health workers is also available and helps individuals to quit by teaching them how to address nicotine withdrawal and helping clients set and achieve short and long-term goals.
One such option is the My Quit Plan, which utilizes a questionnaire and the answers provided to create a personalized quit plan to help lead you through the process. Smoking cessation materials are also displayed at many pharmacies and community centers and provide another venue for those looking for help quitting.
If you are a resident of Indiana struggling with a smoking addiction, we encourage you to utilize these great resources put fourth by the state in order to give yourself the best possible chance at quitting.
Effects of Smoking Laws on Indiana
The effect of smoking laws in Indiana translates into a significant savings in health care costs. According to a report conducted by the Indiana Department of Health, smoke-free air policies translate into lower healthcare costs for the private and public sector. The report attributes this to decreases in heart disease and respiratory illness among the population. Direct medical costs relating to smoking totaled $2.55 billion in Indiana between 2006 and 2007. Tobacco-use litigation returned $329 million in the form of anti-smoking education and tobacco-related research. Smoker taxes brought in an additional $310 million to the state treasury. According to the National Institute of Health (NIH), smoking bans push individuals to quit smoking and discourage young people from starting. A study at the University of California, San Francisco, revealed that smoking bans have reduced the number of young smokers in California by 5.5 percent, according to NIH. The findings of this study resulted in a decrease by three stroke cases out of every 1,000 residents. According to a study published in the American Journal of Public Health, public smoking bans protect people from secondhand smoke-related deaths. The research team at Drexel University found that the laws have been responsible for 163 lives saved between 2002 and 2007. This is particularly significant, as the team noted only a small portion of the approximately 2,500 states in the United States adopted such measures in that time. Past studies have revealed that smoke-free laws are directly related to higher rates of smoking cessation.
Prospective Changes in Indiana’s Smoking Laws
The current trend in many states is to tighten regulations further, with potential amendments that could include e-cigarettes and vaping devices in the definition of "smoking." It is estimated that as of 2015, there were over 2.5 million adult e-cigarette users. Of these, about 60% use them in places where smoking is otherwise banned .
Many other states and municipalities have already enacted bans on e-cigarette use in public places and in the workplace. As the popularity of e-cigarettes continues to rise, it is likely that Indiana will follow this trend with amended definitions to Indiana smoking laws in an attempt to account for their use by Hoosiers.