Michigan Lawmakers Advance Tobacco Retailer Licensing Bills to Protect Minors From Youth Tobacco Use

Michigan Lawmakers Consider Licensing Requirements for Tobacco Retailers

LANSING, Mich. — Michigan is one of only eight states where retailers do not need a license to sell tobacco products, but that is changing. A package of House bills making its way through committee would require retailers to obtain a license to sell tobacco or nicotine products, introducing fines for noncompliance and increasing penalties for selling to minors.

The legislation seeks to strengthen existing regulations and protect minors from youth tobacco use, a significant public health concern in the state.

"We know how potentially dangerous tobacco usage is, and we need to prevent teens from starting in the first place, helping them to avoid lifelong health challenges that are caused by smoking and vaping," said Rep. Bradley Slagh, R-Zeeland, who sponsored the bills.

Bipartisan Support for Tobacco Control

A version of the package already passed the state Senate, and the House bills are now moving through committee. The legislation includes House Bill 5370, which is the most comprehensive of the five bills in the package and contains the majority of the proposed changes to the Michigan Youth Tobacco Act.

Currently, Michigan law places misdemeanor punishments for sellers and buyers who violate the 21-and-up law. A retailer can face escalating consequences for selling tobacco or nicotine to someone under 21, with offense counts based on violations in a three-year period:

• First offense: fine of not more than $100
• Second offense: fine of not more than $500
• Third or subsequent offense: fine of not more than $2,500

The proposed bills would add a fourth offense fine increase of up to $10,000, as well as grounds for license suspensions or revocation. The legislation also introduces fines for selling a nicotine or tobacco accessory to someone under 21, rather than focusing on only the sale of nicotine or tobacco products themselves.

Those "accessory sale" fines start at $100 for a first offense and go up to $400 for a fourth offense.

Penalties for Individuals

The bills also include penalties for individuals who violate the 21-and-up law. Employees can face civil infraction fines between $50 and $200, depending on whether they are an employee or a manager. Individuals who do not work for a retailer at all but are caught giving nicotine or tobacco products to someone under 21 can face fines up to $5,000 for a fourth offense, or up to $500 for a fourth offense if it involves an accessory instead of a product.

If a person under 21 uses a fake ID, there are some exceptions to punishments so long as the seller made a "diligent and good-faith" effort to verify the under 21 person's age.

Concerns About Enforcement

Not everyone supports the legislation. Jeff Griffith of The Youth Connection opposed the bills, arguing that licensing tobacco retailers is unnecessary.

"We license people that might give me a bad haircut, but we're not going to license people selling tobacco, and increasingly more to our youth," Griffith said.

Rep. Helena Scott, D-Detroit, also raised concerns about the effectiveness of the proposed laws.

"There is no evidence demonstrating that these laws are effective in reducing youth initiation, use of or addiction to tobacco products," Scott said. "Research shows that African American and Hispanic youth were more likely to receive these citations. We do not want to increase interactions between young people of color and law enforcement."

Youth Tobacco Use Remains a Concern

According to the 2023 Michigan Youth Tobacco survey, 29 percent of minors obtained their tobacco products through retailers. Only 9 percent of respondents reported that retailers refused to sell cigarettes to them because of age.

The survey also found that 28 percent of minors reported using nicotine products without a prescription, highlighting the prevalence of vaping among youth in the state.

What Comes Next

The House bills are currently in committee and will need to be voted on by the full House chamber before heading to the governor's desk. The Senate version of the legislation has already been passed, but the House still needs to act.

If approved, the legislation would amend the Michigan Youth Tobacco Act and require all retailers selling tobacco or nicotine products to obtain a license from the state.

The proposal represents a significant shift in Michigan's approach to tobacco control, as the state moves to increase oversight of tobacco retailers and strengthen penalties for selling to minors.

Broader Context

Michigan is one of a handful of states that does not currently require retailers to obtain a license to sell tobacco products. The new legislation would bring Michigan in line with other states that have implemented similar licensing requirements.

The bills also reflect growing concern about youth tobacco use in Michigan, with vaping rates among minors remaining high despite state efforts to reduce tobacco consumption.

If passed, the new licensing requirements would add another layer of oversight to the existing tobacco regulatory framework in Michigan.