Section 24-3-5-4.5 - Delivery sale by merchant; penalties(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.As added by P.L. 160-2005, SEC.8.