Michigan Mich. Comp. Laws § 722.642

Possessing or using tobacco products in public by person under 18; violation as misdemeanor; penalty; participation in health promotion and risk reduction assessment program; costs; community service.

YOUTH TOBACCO ACT (EXCERPT)
Act 31 of 1915

***** 722.642 THIS SECTION IS AMENDED EFFECTIVE SEPTEMBER 1, 2006: See 722.642.amended *****



722.642 Possessing or using tobacco products in public by person under 18; violation as misdemeanor; penalty; participation in health promotion and risk reduction assessment program; costs; community service.

Sec. 2.

A person under 18 years of age shall not possess or smoke cigarettes or cigars; or possess or chew, suck, or inhale chewing tobacco or tobacco snuff; or possess or use tobacco in any other form, on a public highway, street, alley, park, or other lands used for public purposes, or in a public place of business or amusement. A person who violates this section is guilty of a misdemeanor, punishable by a fine of not more than $50.00 for each offense. Pursuant to a probation order, the court may require a person who violates this section to participate in a health promotion and risk reduction assessment program, if available. A probationer who is ordered to participate in a health promotion and risk reduction assessment program under this section is responsible for the costs of participating in the program. In addition, a person who violates this section is subject to the following:

(a) For the first violation, the court may order the person to do 1 of the following:

(i) Perform not more than 16 hours of community service in a hospice, nursing home, or long-term care facility.

(ii) Participate in a health promotion and risk reduction program, as described in this subsection.

(b) For a second violation, in addition to participation in a health promotion and risk reduction program, the court may order the person to perform not more than 32 hours of community service in a hospice, nursing home, or long-term care facility.

(c) For a third or subsequent violation, in addition to participation in a health promotion and risk reduction program, the court may order the person to perform not more than 48 hours of community service in a hospice, nursing home, or long-term care facility.


History: 1915, Act 31, Eff. Aug. 24, 1915 ;-- CL 1915, 5186 ;-- CL 1929, 12827 ;-- CL 1948, 722.642 ;-- Am. 1972, Act 29, Imd. Eff. Feb. 19, 1972 ;-- Am. 1988, Act 314, Eff. Mar. 30, 1989