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SB-463, As Passed Senate, April 22, 2026
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SUBSTITUTE FOR
SENATE BILL NO. 463
A bill to amend 1915 PA 31, entitled
"Youth tobacco act,"
by amending section 2 (MCL 722.642), as amended by 2019 PA 18.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Subject to subsection subsections (6) and (7), a 1
minor shall not do any of the following: 2
(a) Purchase or attempt to purchase a tobacco product. 3
(b) Possess or attempt to possess a tobacco product. 4
(c) Use a tobacco product in a public place. 5
(d) Present or offer to an individual a purported proof of age 6
that is false, fraudulent, or not actually his or her the minor's 7
own proof of age for the purpose of purchasing, attempting to 8
purchase, possessing, or attempting to possess a tobacco product. 9
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(2) An individual who violates subsection (1) is guilty of a 1
misdemeanor punishable by a fine of not more than $50.00 for each 2
violation. Pursuant to a probation order, the court may also 3
require an the individual who violates subsection (1) to 4
participate in a health promotion and risk reduction assessment 5
program, if available. In addition, an the individual who violates 6
subsection (1) is subject to the following: 7
(a) For the a first violation, the court may order the 8
individual to do 1 of the following: 9
(i) Perform not more than 16 hours of community service. 10
(ii) Participate in a health promotion and risk reduction 11
assessment program. 12
(b) For a second violation, in addition to participation in a 13
health promotion and risk reduction assessment program, the court 14
may order the individual to perform not more than 32 hours of 15
community service. 16
(c) For a third or subsequent violation, in addition to 17
participation in a health promotion and risk reduction assessment 18
program, the court may order the individual to perform not more 19
than 48 hours of community service. 20
(3) Subject to subsection subsections (6) and (7), a minor 21
shall not do any of the following: 22
(a) Purchase or attempt to purchase a vapor product or 23
alternative nicotine product. 24
(b) Possess or attempt to possess a vapor product or 25
alternative nicotine product. 26
(c) Use a vapor product or alternative nicotine product in a 27
public place. 28
(d) Present or offer to an individual a purported proof of age 29
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that is false, fraudulent, or not actually his or her the minor's 1
own proof of age for the purpose of purchasing, attempting to 2
purchase, possessing, or attempting to possess a vapor product or 3
alternative nicotine product. 4
(4) An individual who violates subsection (3) is responsible 5
for a state civil infraction or guilty of a misdemeanor as follows: 6
(a) For the a first violation, the individual is responsible 7
for a state civil infraction and shall must be fined not more than 8
$50.00. The court may order the individual to participate in a 9
health promotion and risk reduction assessment program, if 10
available. In addition, the court may order the individual to 11
perform not more than 16 hours of community service. 12
(b) For the a second violation, the individual is responsible 13
for a state civil infraction and shall must be fined not more than 14
$50.00. The court may order the individual to participate in a 15
health promotion and risk reduction assessment program, if 16
available. In addition, the court may order the individual to 17
perform not more than 32 hours of community service. 18
(c) If a violation of subsection (3) occurs after 2 or more 19
prior judgments, the individual is guilty of a misdemeanor 20
punishable by a fine of not more than $50.00 for each violation. 21
Pursuant to a probation order, the court may also require the 22
individual to participate in a health promotion and risk reduction 23
assessment program, if available. In addition, the court may order 24
the individual to perform not more than 48 hours of community 25
service. 26
(5) An individual who is ordered to participate in a health 27
promotion and risk reduction assessment program under subsection 28
(2) or (4) is responsible for the costs of participating in the 29
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program. 1
(6) Subsections (1) and (3) do not apply to a minor 2
participating in any of the following: 3
(a) An undercover operation in which the minor purchases or 4
receives a tobacco product, vapor product, or alternative nicotine 5
product under the direction of the minor's employer and with the 6
prior approval of the local prosecutor's office as part of an 7
employer-sponsored internal enforcement action. 8
(b) An undercover operation in which the minor purchases or 9
receives a tobacco product, vapor product, or alternative nicotine 10
product under the direction of the state police or a local police 11
agency as part of an enforcement action, unless the initial or 12
contemporaneous purchase or receipt of the tobacco product, vapor 13
product, or alternative nicotine product by the minor was not under 14
the direction of the state police or the local police agency and 15
was not part of the undercover operation. 16
(c) Compliance checks in which the minor attempts to purchase 17
tobacco products for the purpose of satisfying federal substance 18
abuse block grant youth tobacco access requirements, if the 19
compliance checks are conducted under the direction of a substance 20
use disorder coordinating agency and with the prior approval of the 21
state police or a local police agency. 22
(7) Subsections (1) and (3) do not apply to the handling or 23
transportation of a tobacco product, vapor product, or alternative 24
nicotine product by a minor under the terms of the minor's 25
employment. 26
(8) This section does not prohibit an individual from being 27
charged with, convicted of, or sentenced for any other violation of 28
law that arises out of the a violation of subsection (1) or (3). 29
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(9) Subsections (1) to (8) do not apply after the effective 1
date of the amendatory act that added this subsection. 2