New proposed Michigan law removes penalties for underage tobacco buyers, going after sellers

FOX 2 - A new law proposal would eliminate penalties for underage purchasing and use of tobacco products, but switch the focus on retailers with harsher fines and possible.

The backstory:

The Protect MI Kids legislation of House Bills 5371 and 5372 are making their way in Lansing and would require state licenses for tobacco retailers.

Stores would also face heavier fines up to $10,000 and revoking licenses for sales to minors as part of the package of bills.

Currently the legal age is 21 for cigarettes, cigars, chewing tobacco, vape pens, and e-cigarettes. The age limit was raised from 18 in 2022.

According to the Michigan Legislature website, the bills are currently in committee.

House Rep. Stephanie Young (D-Detroit) is one of the bill's sponsors and wrote about the bills which she said has bipartisan support 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," she said. "House Bills 5371 and 5372 aim to eliminate current penalties imposed on minors who purchase, use, or possess tobacco products, which are commonly referred to as (PUP) laws."

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.

Other bill sponsors are Reps Scott (D-8th District), Jennifer Wortz (R-35th District) and Bradley Slagh (R-85th District).

Dig deeper:

The PUP laws are meant to reduce the use of tobacco by minors but are not strong enough in the penalizing the retailers, according to some.

"PUP laws unfairly punish and stigmatize children for becoming victim to the tobacco industry’s aggressive marketing practices towards kids," Young wrote. "Our bills focus on protecting minors - not criminalizing."

The bills would require a $500 annual license fee for every retail establishment selling tobacco or nicotine products. Michigan is one of 15 states that do not 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, currently.

The new Michigan bills promise increased retailer penalties for stores selling to minors including:

First offense: $250 fine

Second offense: $500 fine

Third offense: $2,500 and seven-day suspension of license.

Fourth offense: $10,000 and license revocation.

The current penalties for retailers selling to minors are 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.