Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
No.
How does the state define an e-cigarette?
Vapor product means “a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking…[including] an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine or other substance in a solution or other form that is intended to be used with or in an [aforementioned device].”
Mich. Comp. Laws § 722.644(h) (2023)
Liquid nicotine means “a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking.”
Mich. Comp. Laws § 722.642b(3)(a) (2023)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
N/A
What regulations are in place for e-cigarette packaging?
Liquid nicotine containers must be child-resistant (unless prefilled, sealed and not intended to be opened by the consumer).
Mich. Comp. Laws § 722.642b(1) (2023)
What restrictions are in place for retail or youth access?
Sale of vapor products to persons under age 21 years prohibited.
Mich. Comp. Laws §§ 722.641(1), 722.644(b) (definition of “minor”) (2023)
Persons under age 21 years prohibited from purchasing/possessing vapor products or using vapor products in a public place.
Mich. Comp. Laws §§ 722.642(3), 722.644(b) (definition of “minor”) (2023)
Internet sales of vapor products permitted after verifying purchaser is at least 21 years of age through a third-party service.
Mich. Comp. Laws § 722.641(8)(b) (2023)
Self-service displays of vapor products prohibited.
Mich. Comp. Laws § 722.642c (2023)
Is a retail license or permit required to sell e-cigarettes?
No
What smoke-free restrictions exist for e-cigarette use?
Use of electronic smoking devices prohibited in Third Judicial Circuit Court.
R 3 CIR Rule § 8.115 (F)(1) (2023)
Vaping prohibited on child care center property and in homes and vehicles used to transport children in care when in operation for child care.
Mich. Admin. Code r. 400.1903(8) (2023), 400.8110(13) (2023)
Use of e-cigarettes prohibited on streetcars and street railway stations.
Mich. Comp. Laws § 257.791b(1) (2023)
Michigan e-cigarette regulations as of March 15, 2023.