New electronic cigarette law in Michigan : Lansing Update

a clean cigarette logo michigan lawHello and welcome back (or for the first time) to the A Clean Cigarette blog. It’s Dawn here again and I am doing my best to keep you informed about what’s going on in the world that may affect your e-cigarette rights. With that in mind, today we are going to look at the new electronic cigarette law in Michigan.

The new bill (SB 106), which is also known as the under 18 bill. was sponsored by Rick Outman a republican out of the 33rd district here in Michigan. It was then signed into law by Governor Whitmer last Monday. The thing with under 18 bills is that in a majority of the state cases the bills have a lot more to do with taxes than keeping products away from the kiddos. Is anyone surprised by that?

Don’t get me wrong, we here at A Clean Cigarette FULLY support 18+ sales on nicotine products. In fact, we support the idea of pushing that number up to 21 for both burning tobacco and e-cigarettes. What we don’t support is taxes and over-regulation hidden inside great sounding ideas. Only to find out later that yet again the government had an ulterior agenda all along.

But we NEED under 18 laws and Michigan was one of only 2 states that didn’t have a version of an under 18 act. So how did Michigan do with it’s new under 18 law? Is it designed to protect our youth or line the pockets of big government?

New electronic cigarette law in Michigan: Did they get it right?

Yes, they sure did! Not only does Michigan have an under 18 law, its a law not chalked full of backdoor tactics. In fact, the law goes beyond typical under 18 laws. Here is a basic break down of how this law is a little different than most:

18+ Typical electronic cigarette law:

No sales to minors, No possession of nicotine by minors

18+ Electronic Cigarette law in Michigan:

No Sales to minors, AND no possession of any alternative smoking products by minors. Both with and without nicotine.

Why that’s important:

Imagine you are a teacher and one of your kids has a vape. Of course, you take it way. Probably you have no idea whether the device contains nicotine or even illegal drugs. That afternoon, when school gets out, an irate parent comes in demanding you return the device. Now, with no grounds to stand on, the device with whatever fluid is in it ends up back in the hands of the minor.

With a standard under 18 bill since the teacher can’t prove what’s in the device, there is nothing that they can do. With the Michigan bill, they have options. They can take the device and throw it away, or call the cops and have it tested if they think drugs are involved. Either way, it un-ties not only teachers and educator’s hands, but cops hands also.

Before the law, unless they had probable cause. they had to take the word of the kid using the vape. The kid says 0 nic/ e-juice. That could be the truth or it could be meth. Either way, there was nothing the cop could really do since it wasn’t illegal to own and use the devices as long as they had 0 nic and no drugs in it. or at least said they did. All that has changed with this new electronic cigarette law in Michigan.

Q) Won’t that criminalize mear possession of something and work against our kids? 

A) No, at worst-case scenario it’s only a civil infraction as long as the device does not contain illegal drugs. To put it in an easy to understand scenario, underage drinking is a criminal infraction. That means it goes on a person’s criminal record. On the other hand, parking on the wrong side of the street and getting a ticket that you need to pay is a civil infraction.

What about the people selling them to minors?

When it comes to sales to minors the FDA actually made 18+ a federal legislation years ago. Of course, that does not keep people from selling them to kids anyway. This new electronic cigarette law in Michigan adds on to the Federal penalties:

1st offense sale to minor: Up to $100

2nd offense sale to minor: $500

3rd or more offense sales to minor: $2500

If you would like to review the law in its entirety visit HERE

All in All

The new electronic cigarette law in Michigan seems to be a keeper. Anybody that knows me knows I am not huge on government regulation. I tend to lean towards freedom vs overreach. That is unless it makes sense. Which this does. It makes sense that these devices are kept out of kids hands. Not just for the drug factor. Which is a HUGE factor all in its own, but also for the nicotine factor.

Okay okay, I can hear some people saying, but Dawn the nicotine is not really all that bad for you if you get away from the burning tobacco delivery system.

My answer to that:

So what?? Sure studies have shown that nicotine is not the MAIN villain in traditional tobacco. (We all know that’s TAR’s job in cigs) And that without all the smoke and tar going into the lungs of an already smoker e-cigarettes may be an alternative that offers current smokers options for the first time in history.

But not being the main villain doesn’t make you a good guys. While nicotine has been linked to promising results regarding its ability to help with neurological issues. Like Alzheimer’s or Parkinson’s Disease. It has also been linked to major damage to the cardiovascular system. Heart disease is no joke.

Most importantly though, it’s crazy addictive. So even when minors grow out of the whole young rebellious thing and start wanting to make healthier choices for themselves, they may not be able to. Now they are stuff inhaling stuff into their lungs (nothing you inhale into your lungs besides clean air is healthy.) for years or decades. Worse one of those ingredients is putting their heart health at real risk.

On the upside

Due to the nicotine, they might remember things really well and will be able to remember that our generation did not work hard enough to avoid this.

So yea, don’t come at me with the argument that as long as kids get nicotine from e-cigs at least it won’t be “that bad”. How much worse does something have to get than a life long addiction to a drug that can damage your heart before it is considered “that bad”?

Conclusion: We at A Clean Cigarette fully support the new electronic cigarette law in Michigan. We are still keeping watch though and know that it is just a matter of time before they try to implement a tax. Please keep an eye out on for more information from us regarding any future calls to action. We need every voice, and that means yours too.

For more information on A Clean Cigarette brand e-cigarette visit: www.ACleanCigarette.Com 

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Thanks for visiting!




4 thoughts on “New electronic cigarette law in Michigan : Lansing Update”

  1. Thanks for always keeping us up to date on the important things Dawn. I am glad it is now a law 18 or older Im proud we have followed this even before it became a law.

    1. Agreed HB106 is a good thing! We’ve followed this policy from the beginning! I think the passing of HB106 will help schools resolve the issue of e-cigs/vapes being brought to school. The schools now have the legal right to confiscate them. Teens and Parents-It’s against the law!!

  2. Thank You for keeping us informed. HB106 will finally address the issue of keeping electronic cigarettes out of the hands of the youth.Starting to smoke anything is not a smart idea.

