Vaping FAQs

does michigan vaping ban prevent sales or use

by Maximillia Frami Published 2 years ago Updated 1 year ago
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Michigan is the first state that has banned selling flavored vape juices. Under this state order, the sale of flavored nicotine juices is prohibited. Other states have since joined this ban in the hopes of lower hospital visits due to lung issues.

Full Answer

Are flavored vaping nicotine products legal in Michigan?

Governor Whitmer’s motion to reinstate a ban on flavored vaping nicotine products was denied by the Michigan Supreme Court on December 27, 2019, effectively leaving flavored products legal to sell.

What is Michigan doing to protect kids from vaping?

On September 4, 2019, Governor Gretchen Whitmer took aggressive action to protect Michigan kids from the harmful effects of vaping. These actions included making Michigan the first state in the nation to ban flavored nicotine vaping products.

Why did Whitmer’s flavored vaping ban fail?

Whitmer's previous attempt to ban flavored vaping — vying to become the first state in the nation to ban the product — failed when two vape shops filed a lawsuit challenging it .

How do I report sales of e-cigarettes to the FDA?

Call the FDA at 1-877-287-1373 to report sales to minors. There are currently two laws in Michigan that govern e-cigarettes — Public Acts 17 and 18 of 2019. Michigan Public Act 17 of 2019 (signed June 5, 2019; effective Sept. 2, 2019):

How long does the Michigan ban last?

Is vaping better than smoking?

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Can Vapes be sold in Michigan?

Sale of vapor products to persons under age 18 years prohibited. Persons under age 18 years prohibited from purchasing/possessing vapor products or using vapor products in a public place. Internet sales of vapor products permitted after verifying purchaser is at least 18 years of age through a third-party service.

What states have banned vaping sales?

U.S. bans on flavored vapes and online salesArkansas – online sales ban. ... California – flavor ban (on hold until 2022) ... Maine – online sales ban. ... Massachusetts – flavor ban. ... New Jersey – flavor ban. ... New York – flavor ban + online sales ban. ... Oregon – online sales ban. ... Rhode Island – flavor ban.More items...•

Is vaping still banned in Michigan?

Lansing — The Michigan Department of Health and Human Services this week abruptly pulled back rules that would have banned the sale of flavored nicotine products in Michigan.

What are the legal conditions of buying and using a vape?

E-cigarettes that do not contain nicotine are legal in NSW. Adults can buy and use e-cigarettes that do not contain nicotine. From 1 October 2021 e-cigarettes and e-liquids containing nicotine are a prescription only medicine. It is illegal to display, advertise or promote e-cigarettes.

Will Juul be banned 2022?

WEDNESDAY, July 6, 2022 (HealthDay News) -- The U.S. Food and Drug Administration on Tuesday temporarily suspended its ban on e-cigarettes sold by Juul Labs while the company while appeals the agency's action.

Why are they banning vapes?

Voters largely in favor of vape bans Last week, the FDA banned Juul from selling any of its vaping products in the United States, including tobacco-flavored cartridges, citing insufficient health and safety data.

How old do you have to be to buy Vapes in Michigan 2022?

"The purchase of a tobacco product, vapor product, or alternative nicotine product by a minor under 21 years of age and the provision of a tobacco product, vapor product, or alternative nicotine product to a minor are prohibited by law.

Why is breeze banned in Michigan?

Based on Governor Whitmer's statement that flavors are being used to hook young consumers, vaping retailers are no longer allowed to sell, possess, distribute, or offer to sell any vaping products with a characterizing flavor other than nicotine.

Is it legal to vape indoors in Michigan?

Michigan LAWS & TAXES State definition of “tobacco products” does not include vapor products. Michigan's Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited.

What happens if I get caught vaping?

Typical consequences may include confiscation of the vape, notification of parents, an administrative investigation and in some cases requiring the student attend an anti-smoking or anti-vaping class.

Does smoking ban include vaping?

And as such the use of e-cigarettes is becoming increasing prevalent. E-cigarettes are not covered by smoke free legislation such as the Health Act 2006. This is because they do not burn tobacco or create smoke. However, there are still a number of things you should be aware of when it comes to vaping in public.

Can you still buy disposable vapes?

Despite all of the commotion in the industry, disposable vapes are still very much accessible. There have been even more disposable vapes released onto the market, which have significantly increased the options for consumers.

Where are Vapes banned?

China has banned the sale of flavoured e-cigarettes as part of a wide-ranging crackdown on the industry. The new rules mean vapes that have flavourings other than tobacco – such as those that taste fruity or sweet – cannot be sold on the domestic market.

Is vaping illegal in some states?

Laws regulating the use of electronic cigarettes, also known as "vaping", vary across the United States. Some states and municipalities prohibit vaping in every location where smoking is prohibited, while others contain more permissive laws or no laws at all regarding vaping.

Is vaping getting banned in the US?

After a two-year review, the Food and Drug Administration announced Thursday it will ban all vaping and e-cigarette products sold by Juul.

Are Vapes banned in Texas?

The more you know about vaping, the better you can help teens avoid its dangers. In Texas, an individual must be at least 21 years old to legally buy or own tobacco products, including e-cigarettes or vape devices.

When will Michigan stop selling vapes?

During the second week of October, 2021, Michigan abandoned its two-year effort to ban the sale of flavored nicotine vaping products in favor of imposing 18% tax on flavored nicotine liquid and banning the products from being marketed towards minors.

What is the legal age to vape in Michigan?

What is the legal vaping age in Michigan? The State of Michigan has set the vaping limit at 18 years. Any person who is above 18 years of age can legally consume vaping products.

How old do you have to be to buy Juul in Michigan?

What is the age to buy Juul pods in Michigan? The age to buy Juul pods in Michigan is 18 years – the same as for buying any other vaping product.

Does Michigan have a vaping ban?

This is because the Michigan Clean Indoor Air Act has not been amended to prohibit the use of vaping products where smoking is prohibited.

Is vaping legal in Michigan?

Is it legal to vape in Michigan? Yes, vaping is legal in Michigan. However, there are certain restrictions placed by the State regarding its display, sale, purchase, usage, age, etc.

Can you vape in the presence of vulnerable people?

There might be places which explicitly do mot permit vaping. It is common courtesy to refrain from vaping in the presence of vulnerable people.

Is it illegal to vape under 18?

Sale of vaping products to persons under the age of 18 years is prohibited. It is also illegal for anyone under 18 to purchase/possess vaping products or to use it in a public place.

How can Gov. Whitmer ban flavors?

We don’t think she can. Governors are elected to sign and veto bills, not to make up their own laws.

Is Michigan banning vaping?

Last Wednesday, Michigan Governor Gretchen Whitmer (D) announced her intention to issue emergency rules to ban the sale of vaping products in all flavors but tobacco. Since then, we have received inquiries from vapers across Michigan and the United States asking for more information about the ban.

Do we know exactly what products are being banned?

Under the draft rules, no non-tobacco-flavored product that fits Michigan’s existing definitions of “alternative nicotine product” or “vapor product” under Michigan’s youth access laws will be permitted to be sold. Nicotine-free e-liquids with flavors other than tobacco would be prohibited as well.

How long does the Michigan ban last?

The initial ban will last for six months before coming up for renewal.

Is vaping better than smoking?

Although no one knows how long-term e-cigarette use affects the lungs, proponents of the technology – including Juul, an industry leader – argue that vaping is almost certainly a safer alternative than tobacco cigarettes, and can help people quit smoking for good.

When did the Michigan Supreme Court order flavored vapes to be legal?

Governor Whitmer’s motion to reinstate a ban on flavored vaping nicotine products was denied by the Michigan Supreme Court on December 27, 2019, effectively leaving flavored products legal to sell.

When will Michigan ban flavored vapor?

September 28, 2020. After multiple attempts to enact a flavor ban in Michigan without adequate stakeholder input, Governor Gretchen Whitmer is turning to the state’s Department of Health and Human Services (MDHHS) again to enact a dangerous ban on flavored vapor products. Read More ».

What age can you sell vapor?

1. Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old.

What is the minimum age to sell tobacco in Michigan?

Senate Bills 572 through 577 would impose new taxes, marketing restrictions,and raise the state’s minimum sales age for tobacco products to 21.

What is the federal law on e-liquid?

Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.

Does vaping have excise tax?

Vapor products do not have an additional state excise tax.

Is smoking a vapor product a criminal offense in Michigan?

A minor unlawfully purchasing or using tobacco products is subject to criminal penalties. 1,4. State definition of “tobacco products” does not include vapor products. Michigan’s Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited. Use of electronic smoking devices prohibited in Third Judicial ...

Why They Are Being Tested

Vape pens and products have previously been tested for additives and user safety, so many dispensary owners are wondering why there are being tested a second time. This sudden need for retesting comes about because of the perceived threat to public health.

Delays and Costs

With Michigan opening up their medical dispensaries to the recreational marijuana market, there have been many preparations for those who are applying for recreational licenses. These new applicants, once approved, can have up to half of their business and inventory dedicated to recreational sales.

What is the Impact?

Many dispensary owners will go ahead with the sales of recreational marijuana, but without the proper vapes on hand, many customers will likely be frustrated. However, the biggest impact is projected to be the cost – and profit loss – of the testing and repackaging.

Speak With Professional Cannabis Insurance Brokers

If you have opened a cannabis dispensary in Michigan or plan to open one in the near future, you will need to obtain a cannabis license before doing business. As the marijuana community continues to grow, acquiring a marijuana license can be challenging due to the competition.

How long does the Michigan ban last?

The initial ban will last for six months before coming up for renewal.

Is vaping better than smoking?

Although no one knows how long-term e-cigarette use affects the lungs, proponents of the technology – including Juul, an industry leader – argue that vaping is almost certainly a safer alternative than tobacco cigarettes, and can help people quit smoking for good.

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