Regulations for vapes and e-cigarettes are complex and vary from state to state. Some states have no regulations, while others ban vapes altogether. Across the country, many municipalities and states have passed laws raising the legal smoking age to 21. Raising the minimum age for the purchase and/or consumption of tobacco products to 21 years is a promising strategy to reduce smoking and other forms of tobacco use among young people. California and Hawaii have both passed laws banning the sale of tobacco to people under 21, along with 200 other cities nationwide, citing all health risks as the main reason. The Internet sale of vaping products, which is authorized after verification by the purchaser, is at least 18 years old through a third-party service. Me. Comp. Laws § 722.641(8)(b) (2022) Self-service display of vaping products prohibited. Laws § 722.642c (2022) The terms “e-cigarettes” and “e-cigarettes” are often used for e-cigarettes, as well as e-pens, e-tubes, electronic hookahs, and e-cigars. These products are also sometimes called “JUULs” (after the eponymous electronic cigarette of a brand), “vapes” and “vape pens”. Vapour product means “a non-combustible product that uses a heating element, energy source, electronic circuit or other electronic, chemical or mechanical means, regardless of its shape or size, that can be used to produce vapour from nicotine or any other substance and whose use or inhalation simulates smoking.
[including] an electronic cigarette, electronic cigar, electronic cigarette, electronic pipe or similar product or apparatus, and a vapour cartridge or other container containing nicotine or any other substance contained in a solution or other form intended for use with or in a [device referred to above]. Me. Comp. Laws § 722.644(h) (2022) Use of electronic cigarettes in trams and tram stations prohibited. Laws § 257.791b (1) (2022) The ban, which is intended to restrict vaping by youth, takes effect in 30 days and does not apply to menthol and tobacco flavored products. Michigan Governor Gretchen Whitmer banned flavored vaporizers earlier this year, but that was suspended by a court order this fall. Despite this legal view that state law precedes local ordinance, Local Tobacco Ordinances21 remain in effect in Genesee and Ann Arbor. As a result, enforcement actions under local tobacco laws21 remain uncertain. Tobacco retailers located in jurisdictions with local tobacco laws21 should contact the local law enforcement authority for any compliance issues.
In Ann Arbor, please contact Chief Jim Baird at 734-794-6920 and in Genesee County at 810-257-3194. Below are each state`s vaping laws. The laws listed here include all vaping bans, whether vapes are considered tobacco products or not, and age limits for buying or using vapes. States will also have other regulations and laws for vapes and e-cigarettes, such as: How vapes are defined by law, taxes, licenses required to sell e-cigarette products, and more. The legislation raises the minimum age to buy products such as cigarettes and vapes in Michigan from 18 to 21, in line with the federal Tobacco 21 bill passed in 2019. Raising the legal smoking age is also gaining momentum in Michigan. Recently, the City of Ann Arbor and Genesee County issued ordinances prohibiting the sale of tobacco to anyone under the age of 21 in their jurisdiction. Proponents insist the measure will make it harder for teens to get cigarettes, prevent early tobacco addiction and save lives. However, Michigan law states that the legal age to purchase and/or use tobacco products is 18.
On February 2, 2017, Attorney General Bill Schuette issued a legal opinion on a potential conflict between state law and local tobacco ordinances.21 Specifically, the Attorney General stated that “the regulation directly conflicts with state law by prohibiting the sale or supply of tobacco products to 18- to 20-year-olds because the Age of Majority Act prohibits treating these young adults differently from those 21 and older in terms of their legal capacity to purchase tobacco products.” See Age of Majority Act, 1071 PA 79, MCL 722.51 et seq. A House bill increases the minimum legal sale of tobacco products, vaping products and alternatives to nicotine from 18 to 21, in accordance with federal law. Michigan regulations on e-cigarettes starting June 15, 2022. The use of electronic smoking devices is prohibited by the Third Circuit Court. R 3 CIR Rule § 8.115(F)(1) (2022) Vaping on daycare premises and in homes and vehicles used to transport children in care when used for childcare. Me. Admin. Code R. 400.1903(8) (2022); Me. Admin. Code r. 400.8110(13) (2022) Liquid nicotine means “a liquid or other substance containing nicotine in any concentration, sold, marketed or intended for use in a non-combustible product using a heating element, energy source, electronic circuit or any other chemical or mechanical electronic means, regardless of its shape or size, used to produce vapor from nicotine or any other substance.
and whose use or inhalation simulates smoking. Laws § 722.642b (3) (a) (2022) Michigan`s 18-year-olds can vote, buy guns or sign up for military service, but they are now too young to legally purchase cigarettes or vaping devices. Liquid nicotine containers must be child-resistant (unless pre-filled, sealed and not intended to be opened by the consumer). Me. Comp. Laws § 722.642b (1) (2022) Keep liquid nicotine and e-cigarettes closed, out of sight and out of reach. Make sure liquid nicotine is stored in child-resistant containers. LANSING – You now have to be 21 to buy tobacco products in Michigan. In 2016, the Food and Drug Administration (FDA) began considering e-cigarettes as a tobacco product, banning their sale to minors.
In particular, the FDA`s deeming rule restricts young people`s access to tobacco products. Recently, there has been a problem with young children and teens using e-cigarettes and vapour pens. This circumstance has led to many unfortunate events such as nicotine addiction, health problems and death. To effectively address this issue, all 51 states and districts have decided to make it harder for youth to access these vaping products. In December 2019, every state in the country raised the age of purchase of vaping products. However, some States have raised their ages differently than others. Twenty-seven States have raised the age to 18 years; Five raised the age to 19 and 19 to 21. In the meantime, retailers in other parts of the state where Tobacco 21 regulations are not in effect should continue to do their part to support federal and state legislation by verifying identity to ensure they are not selling tobacco products to individuals under the age of 18. LANSING, Mich. (WLNS) — Governor Whitmer signed a Michigan bill Thursday to raise the minimum age to buy tobacco.
“A lot of people are aware of this and angry,” said Hamze Ezzeddine, manager of a Shell station on Woodward Avenue in Midtown Detroit, located near Wayne State University. Ezzedine sells a lot of cigarettes and sees a lot of young customers who are students. The new minimum age went into effect immediately, surprising many retailers who expected some sort of transition period. The timing of the rule change – just before Christmas – was also unexpected. “Most of our employees are 21 and older, but they still love fruity vaping,” he said. “They`ll have to switch to menthol or tobacco.” Across the country, youth use rates have skyrocketed. Today, e-cigarettes are the most commonly used tobacco products among those under 18. In fact, experts classify it as a public health epidemic in this age group, both in Michigan and the United States as a whole.
Wayne County Sheriff Raphael Washington welcomed the sweeping change, saying children and teens shouldn`t even be exposed to tobacco products, “period.” However, some retailers have raised their minimum age of purchase to 21 to avoid possible problems with the authorities. They offer cool, colorful and stylish product designs, as well as thousands of flavors, all of which are part of the attraction for teens who believe that the widespread claims that these products are not addictive and are not safe to use. Unlike traditional cigarettes, e-cigarettes consist of a battery-powered heating part – a cartridge (unit) that typically contains nicotine and other chemicals that, when heated, turn into an chemical-filled aerosol. On September 4, 2019, Governor Gretchen Whitmer took strong action to protect Michigan children from the harmful effects of vaping. These measures included making Michigan the first state in the country to ban nicotine-flavored vaping products. There is still confusion among Michigan officials about when the new age restriction will be enforced. Some stores and gas stations still display signs at 18 as the age for tobacco products. More: FDA bans mint- and fruit-flavored vaping products, but excludes menthol and tobacco Most of his student-aged customers buy vaping products instead of cigarettes, he said. Wayne State prohibits smoking or the use of e-cigarettes on campus. Currently, Michigan has two laws governing e-cigarettes – Public Acts 17 and 18 of 2019. Together, this legislative package brings the state into compliance with federal “Tobacco 21” legislation and raises the age of tobacco sales from 18 to 21, Whitmer`s office said in a press release.