A person shall not sell, give, or furnish any cigarette, cigar, chewing
tobacco, tobacco snuff, or tobacco in any other form to a person under
the age of 18.
Beginning 90 days after the effective date of this section, a person
who sells tobacco 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 that includes the following
statement:
The purchase of tobacco 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.
If the sign required under Subsection B is more than six feet from
the point of sale, it shall be 5 1/2 inches by 8 1/2 inches,
and the statement required in Subsection B shall be printed in thirty-six-point
boldface type. If the sign required under Subsection B is less than
six feet from the point of sale, it shall be two inches by four inches,
and the statement required under Subsection B shall be printed in
twenty-point boldface type.
A person under the age of 18 years shall not possess or smoke cigarettes
or cigars; or possess or chew, suck, or inhale chewing tobacco or
tobacco snuff; or possess or use tobacco in any other form, on a public
highway, street, alley, park, or other lands used for public purposes,
or in a public place of business or amusement.
Pursuant to a probation order, the court may require a person who
violates this section to participate in a health promotion and risk
reduction assessment program, if available. A probationer who is ordered
to participate in a health promotion and risk reduction assessment
program under this section is responsible for the costs of participating
in the program. In addition, a person who violates this section is
subject to the following:
For a second violation, in addition to participating in a health
promotion and risk reduction program, the court may order the person
to perform not more than 32 hours of community service in a hospice,
nursing home, or long-term care facility.
For a third or subsequent violation, in addition to participation
in a health promotion and risk reduction program, the court may order
the person to perform not more than 48 hours of community service
in a hospice, nursing home, or long-term care facility.
If the person is under the age of 17 years, then that person shall
be responsible for a municipal civil infraction, subject to payment
of a civil fine of not less than $50, plus costs and other sanctions,
for each infraction. Repeat offenses shall be subject to increased
fines as provided herein:
Except as provided in Subsection B, a person, in a place of public
accommodations to which access by minors is not prohibited by law,
shall not sell or distribute cigarettes, cigars, or other tobacco
products through the use of vending machines, or install or maintain
vending machines with the intent of selling or distributing cigarettes,
cigars, or other tobacco products. For the purpose of this section
"place of public accommodation" is the same as used in Section 301(a)
of the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCLA
37.1301.
Is located in an area, office, plant, factory, or private membership
club that is not open to the public and is located not less than 20
feet from ingress or egress to the building.
A person who violates this section of this article is guilty of a
misdemeanor, punishable by imprisonment for not more than six months,
service to the community for a period of not more than 45 days, or
a fine of not more than $1,000, or any combination of imprisonment,
community service, or fine. Each day that a person has a vending machine
that dispenses cigarettes, cigars, or other tobacco products constitutes
a separate offense.[1]