Michigan

Michigan lawmakers consider bills to require licenses for tobacco retailers

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Convenience stores, smoke shops and even drug stores across Michigan often offer a wall of tobacco products behind the counter. Michigan is one of only eight states where retailers aren’t required to obtain a license to sell the items, and now lawmakers want to change that.

A package of House bills making its way through committee would strengthen regulations, seeking to protect minors.

“We know how potentially dangerous tobacco usage is, and that we need to prevent teens from starting in the first place, helping them to avoid a lifelong health challenges that are caused by smoking and vaping,” Rep. Bradley Slagh (R-Zeeland) said.

The package, a version of which already passed the state Senate, would require retailers to obtain a license to sell tobacco or nicotine products.

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It would also penalize those who sell to minors, from the cashier to the store’s owner.

“We license people that might give me a bad haircut, but we’re not going to license people selling tobacco, and increasingly more to our youth,” Jeff Griffith, of The Youth Connection, said.

The bills would further remove penalties for minors that obtain or attempt to buy tobacco products.

“There is no evidence demonstrating that these laws are effective in reducing youth initiation, use of or addiction to tobacco products,” Rep. Helena Scott (D-Detroit) said. “Research shows that African American and Hispanic youth were more likely to receive these citations. We do not want to increase interactions between young people of color and law enforcement.”

The 2023 Michigan Youth Tobacco survey found 29% of minors got their products through retailers.

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Only 9% of respondents reported that retailers refused to sell cigarettes to them because of age, and only 5% said the same for vapes.

According to Food and Drug Administration (FDA) data, within just the past five years, more than 3,100 enforcement actions have been taken against retailers for selling to minors.

Among them, five violations since 2022 at just one store, Deering’s Market in Traverse City. Last year, the FDA even sought a 30-day ban on tobacco sales at the store.

Under the bills, Deering’s would have been fined $10,000 and their license would have been revoked.

Two other stores, one in Ann Arbor and the other in Detroit, also received those orders.

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“They continue to operate and profit in the State of Michigan, while, as it was pointed out, the kids pay the price for the laws that criminalize them,” Jodi Radke, regional director for Campaign for Tobacco-Free Kids, said. “Today, Michigan kids are counting on you to place accountability where it belongs.”

Critics note mistakes are made and welcome regulation, but call the effort as a cash grab, with its $500 license fee.

They also point out the bills fail to address the 64% of minors who got their tobacco elsewhere, citing the 2023 survey.

“Quite frankly, we have little faith that based on our past experience with regulation enforcement and all these investigations we’ve seen that this is going to solve the problem of mom and dad and aunt and uncle giving smokes to kids,” Mark Griffin, president of the Michigan Association of Convenience Stores, said.

Supporters acknowledge the bills won’t completely solve the issue, but believe it shows Michigan is serious on the matter.

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