Michigan Lawmakers Propose Tobacco Retail Licensure to Replace Underage Buyer Penalties

LANSING, Mich. — Michigan state representatives are advancing legislation that would require tobacco retailers to obtain state licenses and face steeper fines for selling to minors, while simultaneously removing penalties for underage buyers and users of tobacco products.

The Protect MI Kids package, consisting of House Bills 5371 and 5372, represents a significant shift in how Michigan approaches youth tobacco prevention. Currently, Michigan is one of only eight states where retailers aren't required to obtain a license to sell tobacco products.

Focus on Retailers, Not Minors

Under current law, Michigan minors who buy, use or possess tobacco under the age of 21 can be fined up to $50 each time and receive up to 48 hours of community service. The new bills would eliminate these penalties for minors, according to state representatives who sponsor the legislation.

House Rep. Stephanie Young (D-Detroit), one of the bill's sponsors, wrote about the bills last week on Facebook. "My colleague, Representative Helena Scott, and I testified before the House Regulatory Reform Committee in support of the bipartisan tobacco retail licensure bill package," Young said.

"The bills aim to eliminate current penalties imposed on minors who purchase, use, or possess tobacco products, which are commonly referred to as (PUP) laws," Young explained.

The Protect MI Kids legislation would require state licenses for tobacco retailers, with stores facing heavier fines and possible license revocation for selling to minors.

Stricter Retailer Penalties

The new bills would require a $500 annual license fee for every retail establishment selling tobacco or nicotine products. Michigan is currently one of 15 states that doesn't charge a license fee, according to TobaccoPolicyCenter.org.

The fee of $500 would make Michigan the most expensive state according to the Tobacco Policy Center, which lists New York at $300 as the most expensive.

Retailers selling to minors would face escalating penalties:

  • First offense: $250 fine
  • Second offense: $500 fine
  • Third offense: $2,500 fine and seven-day suspension of license
  • Fourth offense: $10,000 fine and license revocation

These penalties represent a significant increase from current rules, where retailers face up to $100 for the first offense, up to $500 for the second offense, and up to $2,500 for a third or more offenses.

Bipartisan Support and Rationale

Other bill sponsors include Representatives Helena Scott (D-8th District), Jennifer Wortz (R-35th District), and Bradley Slagh (R-85th District). The legislation has bipartisan support, reflecting a growing consensus that current approaches to youth tobacco prevention need to focus more on retailers.

Rep. Bradley Slagh, a Republican from Zeeland, explained the rationale behind the bills: "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."

Rep. Helena Scott, a Democrat from Detroit, emphasized why removing penalties for minors is important: "PUP laws unfairly punish and stigmatize children for becoming victim to the tobacco industry's aggressive marketing practices towards kids."

Scott added: "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."

Current Reality of Tobacco Sales to Minors

A 2023 Michigan Youth Tobacco survey found that 29% of minors got their tobacco products through retailers. Only 9% of respondents reported obtaining products from other sources.

Jeff Griffith of The Youth Connection noted the absurdity of the current system: "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."

What This Means for Michigan

If approved, this legislation would make Michigan more like other states in regulating tobacco sales. The bills are currently in committee and would need to pass both chambers of the Michigan Legislature before reaching Governor Gretchen Whitmer's desk.

The combination of stricter retailer regulations and removal of penalties for underage buyers represents a two-pronged approach that advocates say better targets the tobacco industry's marketing practices while avoiding unnecessary interactions between youth and law enforcement.

The legislation is making its way through committee in the Michigan House, with advocates hoping to see it advance to floor consideration in the coming weeks.