Michigan Statewide Rule
Michigan Tobacco 21. State + Federal Floor
Key Facts
- Minimum age
- Statewide minimum age 21
- Statutes
- PA 167 of 2022, PA 168 of 2022
- Products covered
- Cigarettes, cigars, vapor, nicotine pouches
- Preemption
- Locals cannot lower the age
- Verification
- Check ID for buyers under 27
- Enforcement
- MDHHS and FDA
Summary
Michigan set the minimum age to buy, possess, or use tobacco and vapor products at 21 through PA 167 of 2022, which amended the Youth Tobacco Act (MCL 722.641), aligning with federal Tobacco 21. Local governments cannot lower the age but may add retail licensing.
A person who sells tobacco products, vapor products, or alternative nicotine products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the department of health and human services that includes the following statement: "The purchase of a tobacco product, vapor product, or alternative nicotine product by a minor under 21 years of age and the provision of a tobacco product, vapor product, or alternative nicotine product to a minor are prohibited by law. A minor who unlawfully purchases or uses a tobacco product, vapor product, or alternative nicotine product is subject to criminal penalties.".
Full Breakdown
PA 167 of 2022 amended the Youth Tobacco Act (MCL 722.641 et seq.), effective July 21, 2022, raising the minimum age for sale, purchase, possession, or use of tobacco and vapor products from 18 to 21 to match the December 2019 federal Tobacco 21 law. A companion, PA 168 of 2022, barred anyone under 21 from entering a tobacco specialty retailer or cigar bar. Retailers must verify ID for any buyer who appears younger than 27. MDHHS and the FDA run compliance checks. Sale, gift, or furnishing to a person under 21 is a misdemeanor. Michigan has no statewide flavor ban.
Violations & Penalties
Retailer civil fines run up to $100 for a first violation, $500 for a second, and $2,500 for third and later violations, plus possible license sanctions. Furnishing tobacco to a person under 21 is a misdemeanor under MCL 722.641.
Frequently Asked Questions
Can a Michigan city set the tobacco age at 18?
Does Michigan ban flavored vapes?
Are vapes and nicotine pouches covered?
Sources
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