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Michigan CALLS TO ACTION
A raft of legislation that failed to pass in 2020 is being brought back in the Michigan Senate for a second bite at the apple. Senate Bills 572 through 577 would impose new taxes, marketing restrictions,and raise the state’s minimum sales age for tobacco products to 21.
After multiple attempts to enact a flavor ban in Michigan without adequate stakeholder input, Governor Gretchen Whitmer is turning to the state’s Department of Health and Human Services (MDHHS) again to enact a dangerous ban on flavored vapor products.
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Michigan LAWS & TAXES
- The purchase of tobacco and vapor products by a minor under 18 years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products is subject to criminal penalties.1,4
- State definition of “tobacco products” does not include vapor products.
- Michigan’s Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited.
- Use of electronic smoking devices prohibited in Third Judicial Circuit Court.2
- The following municipalities have ordinances that prohibit vaping where smoking is prohibited (some exclude bars and restaurants): East Lansing, Marquette County, Washtenaw County
- Online sales require age verification via a third party service. This requirement could cause many out-of-state online retailers to refuse to ship to the state.1
Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding. Ann Arbor and Genesee County, includes Flint (ON HOLD), already prohibit sales to persons under 21 years of age.
Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
A statewide ban by emergency order of Governor Whitmer took effect October 2, 2019 until March 30, 2020. Court of Claims Judge Cynthia Stephens issued a preliminary injunction on October 15, 2019. Governor Whitmer’s motion to reinstate a ban on flavored vaping nicotine products was denied by the Michigan Supreme Court on December 27, 2019, effectively leaving flavored products legal to sell.
- Vapor products do not have an additional state excise tax.
- Smoke-free tobacco products are subject to a state excise tax of 32% / wholesale price.3