MCIAA Frequently Asked Questions (FAQ's)
Minnesota Clean Indoor Air Act

In 1975, Minnesota was the first state in the U.S. to enact comprehensive law restricting smoking indoors in pubic and work places. The MCIAA has undergone significant updates over the years.

• 2007: "Freedom to Breathe" amendments to the MCIAA banned smoking in virtually all places of employment and public places - including bars and restaurants.
• 2019: vaping was added to the MCIAA, prohibiting use where smoking is prohibited.
• 2023: adult - use cannabis was legalized in Minnesota. Cannabis smoking is prohibited under the MCIAA with additional restrictions in the cannabis laws.

Secondhand smoke tobacco contains hundred of toxic chemicals, including about 70 that cause cancer. The aerosols from e-cigarettes are a mix of particles and chemicals, including heavy metals, cancer-causing chemicals, and possibly nicotine. The health risks of second hand smoke exposure including lung damage, heart disease, asthma, respiratory infections, and cancer. Children are particularly vulnerable.

Learn more: Secondhand Smoke and Aerosol

No, the MCIAA only restricts smoking in indoor public and work places. Other types of indoor air contaminants are not regulated by law. While the name of the law is broad ('clean indoor air act'), the law's purpose is specific: "to protect employees and the general public from the hazards of secondhand smoke and involuntary exposure to aerosol or vapor from electronic delivery devices."

Minnesota Statute 144.417 Subd. 2(a) states that any proprietor, person, or entity allows indoor smoking in an area where it is banned under the MCIAA is guilty of a petty misdemeanor.

MDH is the agency tasked with enforcement of the MCIAA and has authority to take enforcement actions that may include a fine of up to $10,000. Local government agencies may have other enforcement tools that could include fines, potential suspensions or revocations.

The first step is to notify management of the facility and ask that they follow the MCIAA. If management is not willing to comply, you can contact MDH to file a formal complaint. The best way to reach MDH is to email health.indoorair@state.mn.us.

The MCIAA permits smoking through common interest communities. The common areas of condominium and cooperative housing buildings are considered private places under Minnesota law. The MCIAA does not regulate smoking in these areas.

The MCIAA regulates the act of smoking and where a person is located when they are smoking. The statute does not regulate the drift of smoke from an area where smoking is permitted, such as a private residence in an apartment building or from an outdoor location.

No, MDH does not regulate smoking in apartment units. MDH can make sure that a property owner or manage is following the MCIAA, which bans smoking in the common areas of apartment buildings. Landlords have the right to designate the entire building, including private residences, smoke-free. It is up to the landlord to follow the lease and enforce the parts that are more restrictive than the MCIAA.

No. The ban on smoking and vaping of cannabis is part of the laws administered by the Office of Cannabis Management (OCM). Further information and a complaint form can be found on the OCM site.

Yes. If a meeting is open to the public, the facility where the meeting is being held is considered a public place. Smoking is banned in virtually all public places.

No. Casinos in Minnesota located on tribal land are considered part of sovereign nations. These casinos are not covered by state regulations like the MCIAA.

No. Smoking shelters that meet the definition of an indoor area are not allowed. Employee lounges, smoking shacks outside of bars, and similar indoor areas are considered public places or places of employment.

No. Although the MCIAA does not allow limited sampling of tobacco and vaping products indoors in licensed retail tobacco shops, the law does not allow a business to establish an indoor smoking lounge.

No. The MCIAA was written to reduce the secondhand exposure to environmental tobacco smoke. Secondhand smoke is exposure to smoke or vapor from someone else's smoking. Thirdhand smoke is an exposure to the residue and chemicals left behind in an area where a person previously smoked. The MCIAA regulates the act of smoking and where a person is located when they smoke or vape.

The MCIAA does not regulate outdoor smoking. It does not require a person to be a certain distance from a building entrance to smoke. Some counties and cities have passed local ordinances that require smokers to be a certain distance from buildings. For example: Ramsey County ordinance requires people to be 25 feet from public entrances to smoke.