Minnesota Clean Indoor Air Act (MCIAA)
Overview of Indoor Smoking Restrictions

What is the definition of smoking?

Minnesota law defines smoking as inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe, or similar device containing tobacco, cannabis, or other plant intended for inhalation. It also considers carrying or using activated electronic delivery device (e-cigarette or vape) to be a type of smoking. 

Where is smoking banned?

Smoking is banned in virtually all indoor public places and indoor places of employment. Examples include, but are not limited to:

• Bars, restaurants, and private clubs
• Offices and industrial workplaces
• Retail stores
• Public transportation, including taxis
• Work vehicles, if more than one person is present
• Public and private schools
• Day cares
• Health facilities and clinics
• Common areas (hallways, laundry rooms, etc.) of apartment buildings and hotels

What is an indoor area?

A space is considered indoors if at least 50% enclosed by walls, doorways or windows (open or closed). It must have a ceiling. Temporary materials like plastic sheeting or retractable divider are considered walls. A standard screen is not a wall.

Where is smoking allowed?

• Outdoors, regardless of distance from the building openings. Some cities and counties have local ordinances that specify a certain distance from the building, but the state law does not restrict smoking outdoors. 
• Private places such as homes, residences, or cars when they are not being used as a place of employment.
• Sleeping rooms of hotels and motels.
• Commercial vehicles that weigh more than 26,000 pounds.
• Family farm buildings, trucks and equipment.
• Some licensed residential healthcare facilities.
• Locked psychiatric units.
• Approved scientific studies.
• Sampling in licensed tobacco shops.
• Traditional Native American ceremonies.
• Theatrical productions - actors and actress who are smoking as part of the performance.
• The Disabled Veterans Rest Camp in Washington County.

What are proprietors required to do?

Employers, business owners, managers and others that control an indoor area play an important role. They are responsible for stopping smoking in their buildings and other indoor spaces. In general, they are required to:

• Make reasonable efforts to prevent indoor smoking.
• Post “no smoking” signs at all entrances.
• If someone is smoking, ask them to sop. If they refuse, ask them to leave. If they won't leave, handle the situation as you would for disorderly behavior or trespassing. 
• Refuse to serve noncompliant person.
• Do not provide ashtrays, matches, or other smoking equipment.

Can other government agencies or building owners create requirements for indoor smoking?

Yes, other government agencies and proprietors can create more stringent rules or ordinances around indoor smoking. Examples include:

• Some landlords ban smoking in all areas of a rental apartment building, in their leases.
• Some local governments have created ordinances that prohibit tobacco shops from allowing sampling indoors and prohibit smoking by building entrances.
• Federal agencies have no smoking policies in certain housing.
• Cannabis use is regulated by the Office of Cannabis Management and there are additional smoking restrictions in their regulations.

Enforcement of the MCIAA

The Minnesota Department of Health (MDH) enforces the MCIAA and may delegate compliance activities to local governments. Enforcement of the MCIAA is complaint based. To file a complaint, please contact MDH at health.indoorair@state.mn.us.

Local law enforcement has authority to issue petty misdemeanor citations to businesses and people who knowingly fail to comply with the MCIAA.

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