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Tobacco and Vapes Under Twenty One

MCL 722.641 — the seller checks for 21, and the young buyer is fined too

A person may not sell, give or furnish a tobacco product, vapor product or alternative nicotine product to a minor, vending machines included. Before selling or giving one, the seller verifies the buyer is at least 21, by government photo ID if the buyer appears to be less than 27, or by an independent age verification service for an online sale.

  • MCL 722.641
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Who handles this in Michigan: State Bar of Michigan Lawyer Referral Service; and legal aid programs and the state offices, listed in the Michigan directory.

The sign at the counter says it in so many words. Every retailer posts a state sign stating that the purchase of a tobacco product, vapor product or alternative nicotine product by a minor under 21 years of age, and providing one to a minor, are prohibited by law, and that a minor who buys or uses one is subject to criminal penalties.

  • MCL 722.641
Who did whatWhat it is
Who did whatSold, gave or furnished it to a minorWhat it isMisdemeanor, fine up to $100 the first time, $500 the second, $2,500 after that
Who did whatA minor bought, had, or used tobacco in public, or showed false IDWhat it isMisdemeanor, fine up to $50, and up to 16 hours of community service the first time
Who did whatA minor bought, had, or used a vape or nicotine product in publicWhat it isState civil infraction, fine up to $50, the first and second time; a misdemeanor after 2 prior judgments
  • MCL 722.641
  • MCL 722.642

A court may also send a minor to a health promotion and risk reduction program, at the minor's own cost, and the community service rises to 32 hours on a second violation and 48 hours after that.

  • MCL 722.642

A store's written and enforced policy against underage sales is an affirmative defense for the seller, and a minor carrying these products for work is outside both sections. A particular charge is a question for a licensed Michigan attorney.

  • MCL 722.641
  • MCL 722.642
Sources for this section (2)
  1. MCL 722.641 — Selling, giving or furnishing tobacco, vapor or alternative nicotine products to a minor
  2. MCL 722.642 — Prohibited conduct by a minor for tobacco, vapor or alternative nicotine products

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.

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