Summary — HB 6002 (Nicotine and Tobacco Act)
Status / Timeline
- Introduced Sept. 26, 2024 (Rep. Kristian Grant).
- Passed the Michigan House (substitute H-2) Dec. 13, 2024 (immediate effect).
- Referred to Committee on Government Operations; committee activity and reports occurred in early 2025 (public hearing 3/14/25; favorable report 4/14/25).
- The House substitute added section 1p (temporary sales at fairs/festivals) and includes an enactment clause contingent on several related bills (SB 651, SB 654, HB 6004).
Purpose and intent
- Rename the existing “Youth Tobacco Act” as the “Nicotine and Tobacco Act.”
- Establish a comprehensive state licensing and regulatory regime for retail establishments that sell nicotine- or tobacco-containing products, expand the statutory definitions of covered products, and strengthen prohibitions and penalties for sales to persons under 21.
Key definitions (selected)
- “Nicotine or tobacco product” — broadly includes products that contain/are derived from nicotine or tobacco (from any source) that are intended or likely to be consumed by humans and are not regulated by the FDA as drugs/devices. This covers tobacco products, alternative nicotine products, qualified vapor products, and components/accessories (e.g., filters, rolling papers, cartridges), excluding FDA-regulated drugs/devices.
- “Vapor product” — noncombustible device producing inhalable vapor (e-cigarettes, cartridges, etc.).
- “Minor” — an individual under 21 years of age.
Licensure and regulated establishments
- Requires establishments (places of business or areas within them) to hold a state license to sell nicotine or tobacco products at retail. Itinerant/“flash retail” (pop-up/mobile/temporary sales) are generally ineligible.
- License requirement becomes effective when the Department of Health and Human Services (DHHS) begins accepting affidavits and license applications; DHHS must begin accepting them no later than 15 months after the act takes effect.
- DHHS will set application and renewal fees; license fees must cover administration and enforcement costs. DHHS issues licenses and may suspend/revoke them for violations.
Prohibitions and operational requirements
- Prohibits selling, giving, or furnishing nicotine/tobacco/vapor/alternative nicotine products to persons under 21. Requires in-person photographic ID checks before sale.
- Establishments holding licenses must conspicuously display their certificate of licensure and a DHHS-prescribed sign near each point of sale that informs customers of the age restriction.
- Unlicensed establishments must keep nicotine/tobacco products out of public view and refrain from advertising that would reasonably indicate availability for lawful sale.
- Prohibits deliveries to consumers off the establishment’s premises and sales intended to be delivered by third parties as part of commercial transactions. Sales itinerantly, remotely, or by “flash retail” are barred (subject to limited exceptions in the substitute).
Enforcement, fines and sanctions (summary)
- The bill creates the Nicotine Regulation (or Nicotine and Tobacco Regulation) Fund in the state treasury to receive license fees and civil fines; DHHS may collect fines.
- Administrative fines and license penalties are imposed on persons and establishments for violations. (The bill text and the House substitute include multiple fine schedules; for example, one analysis version lists administrative penalties for persons of $500 / $1,000 / $2,000 for first, second, and third violations within 36 months, and corresponding license ineligibility periods. The introduced bill text and substitute include different fine amounts and suspensions for establishments. DHHS authority to suspend/revoke licenses escalates with repeat violations.)
- Some criminal misdemeanor penalties for persons who sell to minors appear in the introduced text (varying by offense number).
Affirmative defenses and employer obligations
- Provides an affirmative defense where an establishment had and enforced a written policy to prevent sales to persons under 21 (procedural notice required before trial).
- Requires wholesalers and certain suppliers to make DHHS signs available for distribution to retailers free of charge.
House substitute provision (section 1p)
- Allows a licensee to sell at fairs, festivals, or farmers’ markets if the licensee: displays its license certificate, displays the DHHS sign within 6 feet of each point of sale, and otherwise complies with the Act. Violations of the display rules carry separate fines (e.g., $50 per day for failure to display license certificate; up to $2,500 for sign violations).
- The substitute’s enactment is contingent on passage of related bills noted above.
Who is affected
- Retailers and establishments that sell nicotine/tobacco products, their owners/operators and employees (nonmanagerial employees who unknowingly sell may be treated differently), wholesalers and suppliers, DHHS (enforcement and rulemaking), and persons under age 21 (sales/possession prohibitions). Also affects temporary vendors at fairs/festivals under the substitute.
Procedural notes / next steps
- Passed the House with substitute; further committee and legislative consideration in the Senate required. The substitute contains contingent enactment language tied to other bills, which may affect final implementation. DHHS rulemaking and fee-setting will follow after enactment; licensing intake must begin no later than 15 months after the act takes effect.
For full statutory language, attached sections, and version-by-version differences, consult the bill text and House Fiscal Agency analysis.
