Permitted Smoking
Minnesota Clean Indoor Air Act

The Minnesota Clean Indoor Air Act (MCIAA) allows indoor smoking in locations listed in the Minnesota Statute 144.4167 and in some specific settings listed in Minnesota Statute 144.414. Information about permitted smoking in residential healthcare facilities, tobacco and vape shops, and rental apartment buildings can be found in the factsheets about these facilities.

Even though Minnesota law allows smoking in the settings described below, proprietors and local governments are allowed to establish their own internal policies or ordinances that ban smoking in these places.

Commercial, farm, and construction vehicles

The MCIAA allows smoking and vaping inside the cabs of vehicles registered with the Minnesota Department of Transportation (MN DOT) under the following categories:

• Commercial vehicles with gross weight over 26,000 pounds.
• Farm trucks, implement of husbandry, and special mobile equipment.

Disabled veterans rest camp

The MCIAA does not ban indoor smoking in the disabled veterans rest camp in Washington County. Note that this exception applies only to this location.

Family childcare

Smoking and vaping are not allowed in Minnesota licensed family home day care during the hours of operation.

If a family day care provider allows smoking in a home used for daycare outside business hours, the provider must let the clients know by:

• Posting a written notice on or immediately inside of all the entrances to the daycare area, and
• Verbally informing parents or guardians that smoking is allowed in the home outside of business hours.

Family farms

Smoking is allowed inside homes, garages, barns, and other buildings on family farms, if the farm meets the statutory definitions of farming and family farm, and employs two or fewer people who are not family members.

Native American use

Smoking is permitted by a Native American as part of a traditional Native American ceremony. Also, an American Indian students may carry a medicine pouch with loose tobacco in public schools. Under a separate law (MN statute 121A.08), American Indian students or staff may smudge, under direct staff supervision and according to a process determined by the administrator.

Private places

Individuals are allowed to smoke or vape in their private home, residence, or automobile when they are not being used as a place of employment. Additionally, hotel and motel proprietors may allow smoking in sleeping rooms.

There may be additional restrictions related to the smoking and vaping of cannabis in these settings. Contact the Office of Cannabis Management for more information. 

Public transportation vehicles for personal use

Drivers of public transportation vehicles, such as taxis, may smoke inside the vehicle when it is being used for personal use. Personal use means that no for-hire passengers are present. If the driver chooses to smoke in the vehicle, they must post a sign where passengers can see it stating that smoking occurs when the vehicle is being privately used.

Psychiatric units

Minnesota Statutes, Section 246.0141, bans smoking, vaping, and the possession of tobacco by patients, staff, guests, and visitors "on the grounds or in a state regional treatment center, the Minnesota Security Hospital, the Minnesota Sex Offender Program, or the Minnesota extended treatment options program."

Outside of those facilities listed above, smoking or vaping by patients in a locked psychiatric unit may be allowed if the following criteria are met:

• The treating physician approves smoking if, in their personal opinion, the benefits outweigh the negative impacts of smoking.
• Smoking is only allowed in designated, separate, well-ventilated area in the unit.
• A sign is posted at the entrance that states "Smoking is prohibited, except in designated areas."
• A sign is posted at the entrance to the designated smoking rooms that states "Smoking permitted."

Scientific studies

Participants in scientific studies may be allowed to smoke or vape indoors if all the following criteria are met:

• The study must be peer reviewed and related to the health effects of smoking.
• The study administrator must create a policy to minimize secondhand exposure to nonsmokers.
• The smoking policy must be submitted to the commissioner of health. The commissioner must approve the policy before indoor smoking can be allowed.
• Smoking may only be allowed in a designated, separate room that is ventilated at a rate of 60 cubic feet per minute, per person.
• A sign must be posted a the entrance of the facility that states "smoking is prohibited, except in designated areas."
• A sign stating "smoking permitted" must be posted at the entrance of each designated smoking area.

Theatrical productions

Actors and actresses area allowed to smoke or vape as part of a theatrical production if:

• Theater patrons are notified in advance that smoking will take place as part of the production, and
• The performance programs include a written notice that smoking will occur as part of theatrical production.

Theatrical productions are public events held in public places. Members of the public and employees are prohibited from smoking indoors where a theatrical production is taking place.

Compliance and enforcement

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

Retaliation prohibited

An employer, manager or other person in charge cannot fire, refuse to hire, penalize, discriminate or retaliate against an employee, applicant, or customer who exercises any right to a smoke-free environment provided under the MCIAA.

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