Amanda Forrester / news@whmi.com

In an effort to crack down on underage tobacco usage, Michigan retailers could face stiffer penalties if they are caught selling the products to people under 21.

Michigan House Bill 6002 would increase fines for those violating the “Tobacco 21” legislation, as well as require licensing for stores to sell tobacco products, similar to a liquor license.

According to the Michigan Department of Health and Human Services Tobacco Prevention and Control, in 2022, 23.7% of 18 to 24 year olds said they used e-cigarettes. 16.5% of high school students said they used tobacco products in 2023, with 13.7% using e-cigarettes.

The bill states that it is designed to “create the nicotine and tobacco regulation fund in the state treasury; to require the licensure and regulation of establishments; to impose fees for licensure; to authorize the promulgation of rules.”

Kristian Grant (D-82), Stephanie Young (D-16), Phil Scaggs (D-80), Carol Glanville (D-84) and Carrie Rheingans (D-47) are sponsoring the bill.

President of the Michigan Petroleum Association/Michigan Association of Convenience Stores Mark Griffin said the organization agrees that underaged people shouldn’t have access to tobacco products and encourages their members to take steps to prevent the sales.

“We agree it’s wrong,” Griffin told WILX Lansing. “ We talk to our members all the time about that. They need to put training in place and the vast majority of them do.”

Under the proposed legislation, the first violation would carry a fine $1,500. The fines increase by $500 for each violation within a 36-month period. A retailer could also have their license suspended for a year if they have three violations within the 36-month period. After four or more violations, the license is revoked and a fine of $3,000 is imposed.

Current laws have those who are caught giving tobacco products to people under 21 paying fines from $100 to $2,500, depending on the number of offenses, according to the Michigan Department of Health and Human Services.

Griffin said there is concern about how the bill is written.

“While we understand the goal of this legislation, we’re concerned in a couple of areas,” Griffin said to WILX. “One: it’s targeting us, all of us. Two: we currently pay over $700 million a year in tobacco taxes. If the store owners know it and the kids know it, why don’t the police know it? Why aren’t they cracking down on those locations?”

91% of high school students said they were not prevented from buying cigarettes based on their age, while 95% said they were able to buy e-cigarettes, according to the Michigan Department of Health and Human Services Tobacco Prevention and Control.

In the WILX article, Griffin said that according to the CDC, 70% of the time, “youths do get access to tobacco from what they call ‘social sources.’” That includes friends and family. He said that parents account for 25% of the time.

The national “Tobacco 21” legislation was signed into law in 2019. Governor Whitmer signed the Michigan version in 2022.