Ind. Code » Title 35
Indiana Code

Ind. Code § 35-46-1-10 (2026)

Sale or distribution of tobacco product

✓ current as of May 2026
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     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 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.

 

Notes of Decisions
Cited in 3 cases, 1998–2017 · leading case: Hevenor v. State, 784 N.E.2d 937 (Ind. Ct. App. 2003).
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Hevenor v. State, 784 N.E.2d 937 (Ind. Ct. App. 2003). · cites it 2× “Further, Indiana Code § 35-46-1-10 makes it a Class C infraction to knowingly sell tobacco to a person under the age of eighteen, but it is a defense that the seller reasonably believed the person was at least eighteen.”
State v. Shelton, 692 N.E.2d 947 (Ind. Ct. App. 1998). · cites it 2× “Further, Indiana Code § 35-46-1-10 makes it a Class C infraction to knowingly sell tobacco to a person under the age of eighteen, but it is a defense that the seller reasonably believed the person was at least eighteen.”
United States v. German Hernandez-Lopez, 704 F. App'x 367 (5th Cir. 2017). “, Ind. Code § 35-46-1-10 .5(a) (possession of tobacco by a person under 18, a “Class C infraction”), with Ind.”
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