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HB 6004

Tobacco: other; criminal penalties and civil sanctions for minors that purchase, possess, or use tobacco products, vapor products, or alternative nicotine products; sunset. Amends title & secs. 1, 2 & 5 of 1915 PA 31 (MCL 722.641 et seq.).

2023-2024 Regular Session Introduced by Abraham Aiyash and 6 co-sponsors

HB 6004-H1 retains minors’ bans on tobacco/vape purchase, possession, and use, and adds a temporary licensure exemption for certain retailers; enactment depends on companion bills.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
#civilprocedure:civilactions #crimes:penalties #tobacco:other
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Bill Summary · HB 6004

Summary — HB 6004 (102nd Legislature)

Status: Passed House (Dec. 13, 2024); referred to Committee on Government Operations (Jan. 22, 2025). Introduced Sept. 26, 2024 by Rep. Stephanie A. Young.

Purpose

HB 6004 amends Michigan’s Youth Tobacco Act (1915 PA 31). The bill as introduced sought to eliminate penalties for minors who purchase, possess, or use tobacco, vapor, or alternative nicotine products and to revise retailer signage and the act’s title. The substitute version (H‑1), which passed the House, instead (a) adds a temporary licensure exemption for certain retailers, (b) retains prohibitions and penalties applying to minors with some procedural clarifications and exemptions, and (c) makes the act conditional on companion legislation.

Key provisions (as passed by the House — H‑1)

  • Adds a new section (Sec. 1m): a temporary exemption from licensure for persons who lawfully sold nicotine/tobacco products before the effective date and who have a pending license application. The exemption ends when the application is no longer pending.
  • Retains and restates prohibitions on minors (under 21) regarding:
    • Purchasing or attempting to purchase tobacco products, vapor products, or alternative nicotine products.
    • Possessing or attempting to possess those products.
    • Using those products in public places.
    • Presenting or offering false proof of age for those purposes.
  • Maintains penalties and sanctions for minors:
    • Violations generally punishable by fines up to $50.
    • First/second offenses for vapor/alternative products may be treated as state civil infractions (fine up to $50); third/subsequent offenses become misdemeanors.
    • Courts may order community service (up to 16/32/48 hours for first/second/third+ violations), require participation in a health promotion/risk reduction assessment program, and require payment of program costs.
  • Clarifies exceptions: undercover operations, compliance checks done under approved procedures, and handling/transportation of products under employment terms are excluded from the minor offense provisions.
  • Contains an enacting clause: the amendatory act does not take effect unless Senate Bills 651 and 654 and House Bill 6002 are also enacted.

Who is affected

  • Minors (under age 21): remain subject to purchase/possession/use prohibitions and associated fines/community service under the House-passed text.
  • Retailers: newly provided temporary licensure relief if they meet the affidavit/application criteria; (introduced version also contained signage changes, but the H‑1 text focuses on licensure and offense provisions).
  • Courts and local enforcement: continue to process youth tobacco-related infractions/misdemeanors and may oversee ordered programs/community service.

Procedural / timeline notes

  • Introduced Sept. 26, 2024; substitute (H‑1) adopted and bill passed the House with immediate effect on Dec. 13, 2024 (Roll Call #532, Yeas 56–Nays 0). Transmitted and referred to the Senate Committee on Government Operations (Jan. 22, 2025).
  • The act will not take effect unless the three specified companion bills are enacted.

Fiscal impact

  • The House Fiscal Agency analysis attached to the introduced version (which proposed eliminating penalties) concluded an indeterminate fiscal impact, noting potential reductions in fine revenue if penalties were removed. Because the House-passed substitute retains penalties, the fiscal implications would be smaller or different; final fiscal impact will depend on the Senate’s actions and any further amendments.

Notable differences between versions

  • Introduced bill: would have eliminated penalties on minors and revised signage requirements and the act’s title (rename to “Nicotine and Tobacco Act”).
  • Substitute H‑1 / Passed House: keeps minors’ prohibitions and penalties, adds temporary licensure exemption for retailers, and makes enactment conditional on companion bills.

Compiled from official sources — confirm details with the bill’s official record.

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