Signed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to pass a bill that prohibits selling vaping products to minors.

Highlights:

• Prohibits a person from selling, giving, or furnishing a tobacco product, vapor product, or alternative nicotine product to a minor, including but not limited to, through a vending machine (Sec. 1). 

• Specifies that a person who violates the above highlight is guilty of a misdemeanor punishable by the following fines (Sec. 1):

• No more than $100 for the first offense;

• No more than $500 for the second offense; and 

• No more than $2,500 for the third or any subsequent offense. 

• Requires a person to verify that an individual is at least 18 years old before selling, offering to sell, giving, or furnishing a tobacco product, vapor product, or alternative nicotine product to said individual, by doing one of the following (Sec. 1):

• If the individual appears to be under 27 years old, examining a government-issued photographic identification that establishes they are at least 18 years old; or

• For sales made through the internet or other remote sales method, verifying age through an independent, third-party service.

• Prohibits a minor from doing any of the following (Sec. 2):

• Purchasing or attempting to purchase a vapor product or alternative nicotine product;

• Possessing or attempting to possess a vapor product or alternative nicotine product;

• Using a vapor product or alternative nicotine product in a public place; and

• Presenting or offering to an individual a purported proof of age that is false, fradulent, or not actually proof of their age for attempting to purchase a vapor product or alternative nicotine product.

• Specifies that a person who violates the above highlight is responsible for a state civil infraction or guilty of a misdemeanor as follows (Sec. 2):

• For the first offense, the individual is responsible for a state civil infraction and will be fined no more than $50, and the court can order the individual to participate in a health promotion and risk reduction assessment program and perform no more than 16 hours of community service;

• For the second violation, the individual is responsible for a state civil infraction and will be fined no more than $50, and the court can order the individual to participate in a health promotion and risk reduction assessment program and perform no more than 32 hours of community service; and

• If a violation occurs after two or more prior judgements, the individual is guilty of a misdemeanor punishable by a fine of no more than $50 for each violation, and the court can require the individual to participate in a health promotion and risk reduction assessment program, in addition to performing no more than 48 hours of community service.

Full Bill Text