Summary — SB 653 (Amendment to the Age of Majority Act re: Tobacco/Marihuana laws)
Status & Citations
- Bill: SB 653 — amends the Age of Majority Act of 1971 (1971 PA 79), specifically sections 2 and 3 (MCL 722.52 & 722.53).
- Primary change: adds the 1915 PA 31 (the Nicotine and Tobacco Act; MCL 722.641–722.645) to the list of statutes to which the Age of Majority Act does not apply.
- Procedural note in the bill text: the amendment is packaged with related measures and includes an enacting provision that conditions effective operation on related legislation (SB 654 in the cited materials).
Purpose / Intent
- The Age of Majority Act generally declares that a person 18 years of age is an adult “for all purposes.” SB 653 clarifies that this general rule does not override or alter specific age‑based rules in (at least) two areas: the Michigan Regulation and Taxation of Marihuana Act (MRTMA) and the Nicotine and Tobacco Act (1915 PA 31).
- In practical terms, the bill preserves higher age-based restrictions that those other statutes impose (for example, age 21 minimums for purchase/possession in marijuana and tobacco laws), preventing an automatic reduction to age 18 by virtue of the Age of Majority Act.
Key Provisions
- Amends MCL 722.52 and MCL 722.53 to add an explicit exception: the Age of Majority Act “does not apply to” the Nicotine and Tobacco Act (1915 PA 31, MCL 722.641–722.645). The bill language also references the existing carve‑out for the MRTMA.
- Leaves intact the Age of Majority Act’s general rule that individuals 18 and older have adult legal capacity, but prevents that rule from superseding the listed statutes.
- The bill includes an enacting section that ties its operation to companion legislation (notably SB 654 in the committee reports), so final effect may depend on passage of related bills.
Who is Affected
- Young adults (ages 18–20): maintains statutory age thresholds imposed by the Nicotine and Tobacco Act and MRTMA rather than defaulting to age 18 for all purposes.
- Retailers, regulators, and law enforcement: ensures that tobacco and marijuana sale/possession restrictions set by those statutes remain enforceable as written (typically with age 21 limits).
- State agencies (e.g., Department of Health and Human Services) — limited administrative/fiscal effects noted in committee materials (minor costs to produce required signage; potential misdemeanor fine revenue to local law libraries discussed in companion analyses).
Fiscal & Procedural Notes
- Nonpartisan committee analyses cited with the bill indicate only minor fiscal impacts (e.g., modest DHHS sign production/distribution costs), largely because the bill’s substance is legal clarification rather than new regulatory programs.
- Some materials state the bill’s enactment is contingent on companion legislation (SB 654), so implementation timing depends on that broader package’s progress.
Bottom line
SB 653 is a technical but policy‑relevant amendment: it prevents the Age of Majority Act’s general declaration that 18 is the age of majority from unintentionally nullifying higher age limits or other age‑specific rules in Michigan’s marijuana and tobacco statutes, thereby preserving those statutes’ separate age‑based policy choices.
