No, vaping is not illegal in Indiana. But it is against the law to vape in many public places and businesses. Vaping is a hot topic these days and many people are wondering if it’s illegal in Indiana. The answer to that question depends on the type of vaping you’re doing, so we’ve created this post to help clarify what’s legal and what isn’t.
Full Answer
What states allow vaping in the workplace?
These states include Colorado, California, Delaware, District of Columbia, Hawaii, Indiana, Maine, Maryland, Nevada, New Jersey, New Mexico, North Carolina, Pennsylvania, South Dakota, Utah, Vermont, West Virginia, and Wyoming. The laws of these states do not all specifically mention vaping in the workplace.
Can You vape in the workplace?
Many states and local governments have banned vaping e-cigarettes at work. In most of the country, workplace smoking is either banned or highly regulated by state law.
Is it legal to vape indoors?
Whether vaping indoors is allowed is very much up to the rules of the establishment, and the local state laws. It is challenging to keep up with what the current status is regarding vaping indoors, but the trend is shaping up as such: wherever smoking indoors is banned, vaping is sure to follow.
Is it illegal to vape under 18 in Indiana?
According to article 17-15 of the Criminal Code, it is not illegal for anyone over 18 years old to possess any vaping product without nicotine as long as they do so in a private location. Can I Vape At 18 In Indiana? Vaping is only legal for people 18 years or older according to Indiana state law.
What states have vaping laws?
Where is vaping banned?
What are the rules of vaping?
Is vaping legal at work?
Can an employer ban vaping?
Does the ADA prohibit discrimination?
Can you vape at work?
See 4 more
About this website
What are the vaping laws in Indiana?
Indiana's law took effect on 7/1/2020. This new law increases the minimum age of sale to 21 and includes all tobacco products including non-combustible tobacco products, e-cigarette devices, and e-liquid.
Can I vape in my workplace?
Some may ban vaping outright. To gain clarity on the situation, anyone looking to vape in their workspace should consult their line manager, human resource manager, or other senior member of their work's staff. Politely ask if vaping is allowed in the office, and if you're told that it's banned abide by that rule.
Is vaping legal indoors in Indiana?
The statewide policy went into effect on July 1, 2012. Smoking a lit cigarette, cigar, pipe or other tobacco smoking equipment is not permitted indoors, except in businesses not included in the policy. The policy does not address the use of electronic cigarettes.
Is vaping banned in Indiana?
Indiana LAWS & TAXES The possession of tobacco or vapor products by a person under 18 years of age is prohibited. Manufacture (including mixing, bottling, and packaging) and sale of e-liquids restricted to persons with proper permits.
Can you get fired for vaping at work?
Can you fire an employee for vaping? If your company policy, state, or local law prohibits vaping at work, then yes, you can fire an employee for vaping at work.
Is it illegal to use a vape indoors?
Yes, you can vape in public places. There is no law which forbids the use of vaping products in public places. However, rules on the use of e-cigarettes and vape products can be imposed by the setting which you are in.
What are the new laws for 2022 in Indiana?
New laws that take effect in Indiana on July 1, 2022HEA1013: STATE FOSSIL. ... HEA1296: FIREARM MATTERS. ... HEA1041: PARTICIPATION IN SCHOOL SPORTS. ... HEA1217: COERCED ABORTION. ... HEA1130: OPEN MEETINGS. ... SEA83: OPEN MEETINGS. ... HEA1190: FREE SPEECH AT STATE EDUCATIONAL INSTITUTIONS. ... SEA115: SCHOOL EMPLOYEE MISCONDUCT.More items...•
Where are Vapes illegal?
Prohibition is most common in Asia, the Middle East, and South America. Australia has a bizarre prescription-only model for vaping products, and unauthorized importation can result in huge fines. In Japan, nicotine vaping products are illegal, but heated tobacco products like IQOS are completely legal and widely used.
Is vaping considered smoking?
Vaping is not smoking, but some people find vaping works to help them quit because it offers experiences similar to smoking a cigarette. Vaping has a similar hand-to-mouth action as smoking, and it can also be social.
Are Juuls banned in Indiana?
The new law takes effect after the U.S. Food and Drug Administration announced last week that Juul, an e-cigarette maker, must stop selling its vaping device and its tobacco and menthol flavored cartridges.
Is there a vape tax in Indiana?
Indiana was the only state to add a tax to vaping products in 2022: 15 percent of the gross income received by retailers. California added a retail tax of 12.5 percent in addition to raising its tax to 61.74 percent on wholesale transactions.
How much is vape tax in Indiana?
15%The new tax rate will be an added 15% of the wholesale price on all e-cigarette cartridges and vaping products. This tax is additional to sales tax, which is 7% in the state of Indiana. Currently, there are 30 other states with a statewide vape tax. Copyright 2022 Nexstar Media Inc.
Can you vape inside Victoria?
Electronic cigarettes (e-cigarettes), commonly known as 'vaping' In Victoria it is illegal for any person aged 18 or over to obtain, possess or use nicotine e-cigarettes, or e-cigarette cartridges containing nicotine, or nicotine liquids for use in a vaporiser, without a prescription.
Can you vape indoors in Texas?
For the most part, vapers can enjoy their devices in public with the exception of schools, daycares, and government buildings. This includes playgrounds, parking areas and drop off lines. However, college campuses, hospitals, and other places may designate smoking areas on site where it is safe to vape.
How does vaping affect your job?
Vaping in the workplace may impact nonusers in a variety of ways, including potential exposure to secondhand aerosol, which may be bothersome or perceived as harmful and lead to decreased productivity.
Where is vaping allowed UK?
It's not illegal to vape in pubs and restaurants, but most places will have banned it and require that you go outside to the smoking area. Some pubs do still allow vaping indoors, however, check the website or ask behind the bar before you get your e-cig out.
How Are You Handling Vaping at Work? - SHRM
Employers should consider state and local laws, company culture, health risks, and accommodations when developing their e-cigarette policies.
E-Cig State Laws in 2022 - License to Vape
It’s important to have the latest information on all laws that affect vaping. We’ve compiled the latest laws in all 50 states for you. Just check out the
Vaping At Work Rules | DavidsonMorris
Whether or not it is acceptable to vape at work will depend on any prohibition or restrictions put in place by your employer. Vaping in the workplace is not illegal, although many organisations will limit this to designated outside areas.
Vaping and E-Cigarette Laws by State - Findlaw
Vaping and e-cigarette laws are complex. Vape pens vary and can be adapted to use tobacco, liquid nicotine, marijuana, herbs, and more. Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21.
6 Strategies for Addressing Workplace Vaping - HR Daily Advisor
The biggest HR concerns parallel challenges from previous years: improving culture, enhancing performance, and filling talent needs. However, our 2021 responses indicate HR is focusing on newly- uncovered facets of these challenges as they keep employees safe, connected, and satisfied; ensure their organizations stay compliant; and navigate hiring in a difficult market.
How does the state define an e-cigarette?
Electronic cigarette means “a device that is capable of providing an inhalable dose of nicotine by delivering a vaporized solution… [and] includes the components and cartridges.” Ind. Code §§ 35-46-1-1.5; 24-3-7-4 (2021)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
Consumable material and vapor products taxed at rate of 15% of gross retail income received by the retail dealer for the sale. Ind. Code § 6-7-4-9 (b) (2021) (effective July 1, 2022)
What regulations are in place for e-cigarette packaging?
Nicotine liquids/gels must be sold in child-resistant packaging (except prefilled containers not intended to be opened by consumer). Ind. Code § 24-3-7-7 (2021)
About the Indiana Smoke-Free Air Law
The purpose of the Indiana Smoke-Free Air Law is to protect Hoosiers from the harmful effects of exposure to secondhand smoke. Secondhand smoke contains more than 4,000 substances, including 200 known poisons and 43 cancer-causing agents. The U.S. Environmental Protection Agency has classified secondhand smoke as a cause of cancer in humans.
Local Ordinances
Local communities have the ability to adopt stronger smoke-free laws than state law.
Frequently Asked Questions
Smoke-Free Air Law - The Alcohol and Tobacco Commission (ATC) has three Frequently Asked Questions documents to assist the general public and business owners in better understanding Indiana's smoke-free air law. Please review the Frequently Asked Questions below or on their website at http://www.in.gov/atc.
Resources for Businesses
Visit http://www.breatheindiana.com/ for materials to help your business comply with the law.
Quitting Tobacco
For free assistance quitting smoking and other tobacco, please call the Indiana Tobacco Quitline at 1-800-QUITNOW (1-800-784-8669) or visit the website at http://www.in.gov/quitline/.
What states have vaping laws?
Some states include e-cigarettes or vaping in their statutory definition of smoking, tobacco, or nicotine. These states include Colorado, California, Delaware, District of Columbia, Hawaii, Indiana, Maine, Maryland, ...
Where is vaping banned?
School buildings, playgrounds, college campuses, childcare facilities, and hospitals are places where vaping is often banned by specific statute. If you work in one of these facilities there is a good chance that you will have no right to vape, even in the absence of a state statute that expressly bans vaping in the workplace.
What are the rules of vaping?
While the rules surrounding vaping are subject to change, there are two rules of thumb that you should follow: Comply with your employer’s Vaping policy. In general, private employers have broad discretion when it comes to instituting work-related policies.
Is vaping legal at work?
Many states and local governments have banned vaping e-cigarettes at work. In most of the country, workplace smoking is either banned or highly regulated by state law. In states where smoking is permitted at work, it is often limited to a designated area of the work premises and may be illegal within a certain distance of ...
Can an employer ban vaping?
If your employer has banned vaping there is a good chance it is legally entitled to do so by state statute, administrative code, or locally enacted regulations. In addition, remember, your employer is generally entitled to act even when there is no state law or regulation on the books.
Does the ADA prohibit discrimination?
The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace based on an individual’s qualified disability. If your employer permits vaping and you have a disability that’s aggravated by secondhand smoke you may be entitled to a reasonable accommodation at work.
Can you vape at work?
By including e-cigarettes or vaping in the definition of tobacco, nicotine, or smoking, these states generally don't allow you an unrestricted right to vape at work. Some states specifically ban vaping at work. California is one of those states.
How to know if it's ok to vape inside?
The only way to know if it is ok to vape inside is to ask at the establishment before vaping. It may also help to check the website of the location as they may have some rules posted.
Is vaping a grey area?
Since vaping and e-cigarettes are relatively new, vaping rules and regulations usually fall into a grey area.
Is vaping legal in New York?
Vaping indoors is to be banned in New York – so vapers will face the same rules as smokers https://t.co/ibQQKhcZtr
Is vaping the same as smoking?
Vaping is in a sort of a grey area when it comes to regulating it as a smoking product. The way things are headed is that it is treated the same as cigarette smoking even though the consensus is that the clouds of vapor are not nearly as bad as second-hand smoke.
Is there a vaping policy for double chocolate fudge?
If there is no specific vaping at work policy, it is best to ask for clarification on what to expect as a vaper in that particular workplace.
Can you vape at work?
The one general rule of thumb when it comes to vaping at work, or anywhere really, is to ask what the guidelines are. Some workplaces may have a designated area set aside just for vapers. Some may only allow vaping to take place in a smoker’s area either outside or an appointed smoker lounge inside. It may be the case, however doubtful, that vaping ...
Can you smoke in the workplace?
Yes, smoking entirely can be prohibited in the workplace and would be very tough to challenge that law or workplace rule if it is in an area where vaping is regulated the same way as smoking. Especially if employers offer a space where smokers can go. In a city where vaping is treated the same as smoking, vapers will likely be forced to follow ...
Which states have banned vaping?
Some states—such as Alaska, California, Delaware, Hawaii, Maine, Massachusetts, New Jersey, New York, North Dakota, Rhode Island, Utah and Vermont, as well as Washington, D.C.—broadly prohibit vaping in places where smoking is banned. Other states ban vaping in specific places such as child care facilities, state government buildings, schools and enclosed workspaces.
What is an electronic cigarette?
Electronic cigarettes (which are also called e-cigarettes, e-cigs, vaporizers and electronic nicotine delivery systems) are battery-operated devices that sometimes look like a traditional cigarette, a pen or a USB flash drive but can take on a variety of other forms . Users puff them to inhale an aerosol that usually contains nicotine, flavorings and other chemicals—though not all e-cigarettes contain nicotine. Use of these devices is commonly called vaping.
Is vaping harmful to pregnant women?
The CDC does say that vaping can be harmful to children, pregnant women and adults who have never used nicotine products.
Can employers have vaping?
Depending on their location, employers may have the discretion to treat vaping as they want , said Jay Hux, an attorney with Fisher Phillips in Chicago. But employers should consider state and local regulations when developing a policy.
Should employers evaluate their smoking policies?
Employers should evaluate their smoking policies to ensure clarity about the scope of the products covered and what areas of the worksite are covered by any smoking ban, Betts said. Consider whether employees can bring e-cigarettes into certain areas, or if they are completely banned from the property.
Is it illegal to smoke an e-cigarette in the workplace?
Some local municipalities also have enacted bans on e-cigarettes in enclosed workplaces . As a result, in some jurisdictions, allowing e-cigarette use in the workplace would be unlawful, Betts noted.
Is vaping good for quitting smoking?
The U.S. Food and Drug Administration has not approved e-cigarettes as a smoking-cessation product.
How should employers approach vaping at work?
Ideally, therefore, you should implement a clear workplace policy, in writing, setting out the rules relating to both tobacco and e-cigarette smoking onsite, including the potential disciplinary consequences of any breach of these rules.
Is it safe to smoke e-cigarettes?
While debate continues about the level of safety of e-cigarettes, as the long-term impact of their use on people’s health remains inconclusive, they are generally considered to be safer for users than smoked tobacco. There is also very little evidence of harm to bystanders from exposure to e-cigarette vapour, where any health risks from passive vaping are likely to be low.
Is it OK to vape at work?
Whether or not it is acceptable to vape at work will depend on any prohibition or restrictions put in place by your employer. Vaping in the workplace is not illegal, although many organisations will limit this to designated outside areas.
Can I be sacked for vaping at work?
If vaping at work is banned, or limited to designated areas, any unauthorised use of vaping devices, such as outside of normal rest breaks or in prohibited areas, could potentially result in disciplinary action, including dismissal.
Can you vape in the workplace UK?
In the UK, vaping in the workplace is a matter of discretion for the employer, although many organisations treat the use of e-cigarettes much in the same way as smoking, by only allowing this in designated outside areas.
Is it illegal to vape in a business?
It is not illegal, of itself, to vape on business premises. This is because e-cigarettes fall outside the legal definition of ‘smoking’ set out under the UK’s smoke-free legislation. However, some organisations may still ban vaping onsite.
Can you be disciplinary for vaping at work?
Still, any disciplinary action taken against an employee for vaping at work must be fair. This means that the employee must be made aware of any prohibition or restriction on vaping, either through clear warnings or a written workplace policy. For example, if your organisation already has a smoking policy, but it doesn’t reference electronic cigarettes, employees may be confused about whether vaping at work is covered. As such, the language within that policy will need to be revised. Your workforce should also be informed of any changes to a workplace policy before they take effect, providing reasonable notice of these changes.
What states have vaping laws?
Some states include e-cigarettes or vaping in their statutory definition of smoking, tobacco, or nicotine. These states include Colorado, California, Delaware, District of Columbia, Hawaii, Indiana, Maine, Maryland, ...
Where is vaping banned?
School buildings, playgrounds, college campuses, childcare facilities, and hospitals are places where vaping is often banned by specific statute. If you work in one of these facilities there is a good chance that you will have no right to vape, even in the absence of a state statute that expressly bans vaping in the workplace.
What are the rules of vaping?
While the rules surrounding vaping are subject to change, there are two rules of thumb that you should follow: Comply with your employer’s Vaping policy. In general, private employers have broad discretion when it comes to instituting work-related policies.
Is vaping legal at work?
Many states and local governments have banned vaping e-cigarettes at work. In most of the country, workplace smoking is either banned or highly regulated by state law. In states where smoking is permitted at work, it is often limited to a designated area of the work premises and may be illegal within a certain distance of ...
Can an employer ban vaping?
If your employer has banned vaping there is a good chance it is legally entitled to do so by state statute, administrative code, or locally enacted regulations. In addition, remember, your employer is generally entitled to act even when there is no state law or regulation on the books.
Does the ADA prohibit discrimination?
The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace based on an individual’s qualified disability. If your employer permits vaping and you have a disability that’s aggravated by secondhand smoke you may be entitled to a reasonable accommodation at work.
Can you vape at work?
By including e-cigarettes or vaping in the definition of tobacco, nicotine, or smoking, these states generally don't allow you an unrestricted right to vape at work. Some states specifically ban vaping at work. California is one of those states.
About The Indiana Smoke-Free Air Law
Enforcement
- The Indiana Smoke-Free Air Law will primarily be enforced by: 1. The Indiana Alcohol and Tobacco Commission The following entities may also enforce the law: 1. The Indiana Department of Health 2. Local health departments 3. A health and hospital corporation 4. The Division of Fire and Building Safety established within the Department of Homeland Se...
Local Ordinances
- Local communities have the ability to adopt stronger smoke-free laws than state law. 1. If a local law covers more workplaces than the state law, the local law remains in effect. 2. If a local law does not cover as many workplaces or is less restrictive than the state law, the state law prevails.
Frequently Asked Questions
- Smoke-Free Air Law - The Alcohol and Tobacco Commission (ATC) has three Frequently Asked Questions documents to assist the general public and business owners in better understanding Indiana's smoke-free air law. Please review the Frequently Asked Questions below or on their website at http://www.in.gov/atc. 1. General Information
Quitting Tobacco
- For free assistance quitting smoking and other tobacco, please call the Indiana Tobacco Quitline at 1-800-QUITNOW (1-800-784-8669) or visit the website at http://www.in.gov/quitline/.