Vape and tobacco laws in Indiana

Sec. 4.5. (a) This section applies to a merchant that is not a cigarette manufacturer. (b) Except as provided in subsection (d), a merchant may not mail or ship cigarettes as part of a delivery sale to an Indiana resident or retailer (as defined in IC 24-3-2-2 (d)) that is not a distributor. (c) If the commission determines that a merchant has violated subsection (b): (1) a distributor may not accept a shipment of cigarettes from the merchant for a period, not to exceed one (1) year, determined by the commission; and (2) the commission may impose a civil penalty, not to exceed five thousand dollars ($5,000), on the merchant for each violation of subsection (b), as determined by the commission. (d) A merchant may make a drop shipment of tobacco products to an Indiana resident or retailer that is billed through a distributor.

Sec. 1.1. (a) A retailer must have a valid sales certificate issued by the commission in accordance with IC 7.1-3-18.5-1 that contains a separate box to check for identifying a retailer that sells e-liquids or e-liquid products. (b) A retailer may purchase e-liquid or an e-liquid product only from an Indiana manufacturing permit holder or an Indiana wholesaler permit holder.
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(e) A retailer may not sell an e-liquid or e-liquid product that contains more than seventy-five (75) milligrams per milliliter of nicotine.

(e) A retailer may not sell an e-liquid or e-liquid product that contains more than seventy-five (75) milligrams per milliliter of nicotine.

Sec. 12.5. (a) "Foreign adversary product" means an: (1) e-liquid; (2) e-liquid containing an ingredient; or (3) e-liquid product; that is manufactured by, sourced from, or otherwise imported from a nation listed as a foreign adversary in 15 CFR 791.4. (b) The term does not include the following: (1) A vapor device, including a part to be utilized in an open or closed system to convert e-liquid to a vapor for inhalation. (2) E-liquid or an e-liquid product that is manufactured by, sourced from, or otherwise imported from a nation listed as a foreign adversary in 15 CFR 791.4, if the e-liquid or e-liquid product: (A) has been approved or authorized by the federal Food and Drug Administration; or (B) is pending review by the federal Food and Drug Administration under 21 U.S.C. 387j.
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(b) A retailer that holds or is required to hold a tobacco sales certificate under IC 7.1-3-18.5-1 may not possess, sell, or otherwise distribute a foreign adversary product.

Sec. 5. (a) As used in this section, "nicotine analogue" means a substance that: (1) has a chemical structure substantially similar to the chemical structure of nicotine and produces; or (2) has, purports to have, or is represented to have; an effect on the central nervous system that is similar to or greater than the effect that nicotine has on the central nervous system. (b) A person may not sell or offer for sale a product that contains a nicotine analogue.

(a) Prohibition.—
(1) In general .—All cigarettes and smokeless tobacco (as those terms are defined in section 1 of the Act of October 19, 1949, commonly referred to as the Jenkins Act) are nonmailable and shall not be deposited in or carried through the mails. The United States Postal Service shall not accept for delivery or transmit through the mails any package that it knows or has reasonable cause to believe contains any cigarettes or smokeless tobacco made nonmailable by this paragraph.
(2) Reasonable cause .—For the purposes of this subsection reasonable cause includes—
(A) a statement on a publicly available website, or an advertisement, by any person that the person will mail matter which is nonmailable under this section in return for payment; or
(B) the fact that the person is on the list created under section 2A(e) of the Jenkins Act.
(b) Exceptions.—
(1) Cigars .—Subsection (a) shall not apply to cigars (as defined in section 5702(a) of the Internal Revenue Code of 1986).
(2) Geographic exception .—Subsection (a) shall not apply to mailings within the State of Alaska or within the State of Hawaii.
(3) Business purposes.—
(A) In general .—Subsection (a) shall not apply to tobacco products mailed only—
(i) for business purposes between legally operating businesses that have all applicable State and Federal Government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; or
(ii) for regulatory purposes between any business described in clause (i) and an agency of the Federal Government or a State government.
(4) Certain individuals.—
(A) In general .—Subsection (a) shall not apply to tobacco products mailed by individuals who are not minors for noncommercial purposes, including the return of a damaged or unacceptable tobacco product to the manufacturer.

(5) Minimum age of sale
It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age.

UPS does not provide service to any person or entity listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives PACT Act – Non-Compliant List.
UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.
UPS prohibits the shipment of all Vaping Products (as defined below) throughout its U.S. domestic network, including import and export, regardless of nicotine content and destination state.
All Tobacco Product Shipments must be made using UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery.
Vaping Products are considered Tobacco Products for the purpose of this policy. UPS no longer accepts for U.S. domestic shipment, including import and export into or from the U.S., any Vaping Product, including but not limited to e-cigarette devices and e-liquids or gels, regardless of nicotine content, even if a Shipper or consignee is permitted to ship and receive Vaping Products under applicable laws or regulations.

UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.

We prohibit the shipping of tobacco and tobacco products . Even if you have proper licenses and are authorized to ship tobacco products, we will be unable to accept your shipment. Tobacco and all tobacco products cannot be accepted at any FedEx or FedEx Office location. This includes but is not limited to:
Cigarettes
Cigars
Loose tobacco
Smokeless tobacco
Hooka or shisha
Vaporizers
E-cigarettes