MichiganCan You Vape in Michigan? The Short Answer
Yes, and Michigan is one of the more permissive Great Lakes states for vapers. Here's what you need to know:
- No statewide indoor vaping ban - Michigan's smoke-free law doesn't cover vaping
- No excise tax on vape products - Only standard 6% sales tax applies
- No flavor ban - All flavored vapes are legal statewide
- 21+ age requirement - No military exception (Public Act 167 of 2022)
- Online sales legal with third-party age verification and adult signature delivery
- No product directory - No state approval list required
- No retail vape license required - Though legislation has been proposed
Michigan stands out among its neighbors because it lacks the excise taxes, indoor bans, and flavor restrictions that states like Ohio, Illinois, and Wisconsin have enacted. But that may change soon. Governor Whitmer has repeatedly pushed for new taxes and restrictions. Check our states banning vapes guide to see how Michigan compares nationally.
Michigan's Vaping Laws: How the Rules Work
Michigan regulates vaping primarily under the Youth Tobacco Act (Act 31 of 1915), which was amended in 2022 to include vapor products and raise the age to 21.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| Youth Tobacco Act (Act 31 of 1915, as amended) | 1915/2022 | Prohibits sale, possession, and use of vapor products by those under 21 |
| Public Act 167 of 2022 | 2022 | Raised minimum age for tobacco and vapor products from 18 to 21 |
| Public Act 168 of 2022 | 2022 | Prohibited entry to tobacco specialty stores by those under 21 |
| Public Act 188 of 2009 | 2009 | Smoke-Free Indoor Air Law (does NOT include vaping) |
| Emergency Rules (Gov. Whitmer) | Sept 2019 | Emergency flavor ban (blocked by courts, never enforced) |
Regulatory Bodies
- Michigan Department of Health and Human Services (MDHHS) - Public health oversight, prevention programs
- Michigan Department of Treasury - Tax collection (currently only sales tax on vapes)
- Michigan Department of Licensing and Regulatory Affairs (LARA) - Business licensing
- Local health departments - Local enforcement and ordinances
- FDA - Federal compliance inspections
What's Legal vs. Illegal (Statewide)
Legal:
- All vaping devices (refillable, pod systems, box mods, disposables)
- All flavored e-liquids (fruit, dessert, candy, menthol, tobacco)
- All nicotine strengths (no state cap)
- Online purchases with age verification and adult signature delivery
- Purchasing from any retailer at age 21+
- Vaping in most indoor spaces (unless prohibited by local ordinance or private property rules)
Illegal:
- Selling vaping products to anyone under 21
- Minors under 21 purchasing, possessing, or using vapor products in public
- Selling vapor products without child-resistant packaging (for liquid nicotine containers)
- Self-service displays of vapor products (except in tobacco specialty stores)
- Vaping on child care center property or in vehicles used for child care transport
- Vaping on public school grounds
The 2019 Flavor Ban: How Michigan Made History (Then Reversed It)
Michigan has one of the most significant vaping policy stories in the country. In 2019, Governor Whitmer attempted the first state-level flavored vape ban in the nation, and the courts shut it down.
Timeline of the Flavor Ban Saga
| Date | Event |
|---|---|
| September 4, 2019 | Governor Whitmer announces emergency rules to ban flavored nicotine vaping products, declaring a public health emergency |
| September 18, 2019 | Emergency rules officially filed, effective immediately. Retailers given 14 days to comply |
| October 15, 2019 | Court of Claims Judge Cynthia Stephens issues preliminary injunction, blocking the ban. Rules the state waited too long to claim an "emergency," undermining its own argument |
| December 9, 2019 | Michigan Court of Appeals upholds the injunction (3-judge panel unanimous) |
| December 27, 2019 | Michigan Supreme Court denies the state's request to lift the injunction |
| September 2020 | Michigan Supreme Court declines to reconsider the case |
| October 2021 | MDHHS officially drops plans for a permanent flavor ban, pivoting to a new regulatory approach |
Why the Ban Failed
The courts found critical problems with the emergency rulemaking process:
- Timing undermined the "emergency" claim - MDHHS waited months after declaring the emergency before filing the actual rules, which the court said contradicted the urgency argument
- Due process concerns - The ban was implemented without public notice or comment, bypassing normal rulemaking procedures
- Economic harm - Vape shop owners demonstrated they would suffer irreparable financial damage
What It Means Today
Despite the failed ban, Governor Whitmer hasn't stopped trying. Recent legislative proposals include:
- Senate Bill 649 (2023-2024 session) - Would ban all flavored nicotine and tobacco products except tobacco flavor. Stalled in committee.
- 2026-2027 budget proposal - Would "prohibit the sale of vaping products not authorized by the US Food and Drug Administration," effectively banning most flavored products by classifying them as "contraband"
Neither has passed. With Republicans controlling the Michigan House, flavor ban legislation faces significant opposition.
What Can You Buy in Michigan?
Michigan has no product directory, no flavor ban, and no nicotine cap, making it one of the least restrictive markets in the Great Lakes region.
Devices:
- Disposable vapes (all brands)
- Pod systems (SMOK, Vaporesso, Uwell, GeekVape, etc.)
- Box mod kits
- Rebuildable atomizers (RDAs, RTAs)
- All-in-one refillable systems
E-Liquids:
- All flavors (fruit, dessert, candy, menthol, tobacco, beverage)
- Freebase nicotine (all strengths)
- Nicotine salt (all strengths)
- All bottle sizes and PG/VG ratios
Expected Prices
| Product | Price Range |
|---|---|
| Disposable vape | $9-$18 |
| Refillable pod system | $22-$42 |
| Box mod kit | $38-$75 |
| 30mL e-liquid | $12-$20 |
| 100mL e-liquid | $16-$28 |
| Nicotine salt 30mL | $12-$22 |
| Replacement coils (5-pack) | $10-$16 |
Michigan's lack of an excise tax means prices are generally lower than neighboring states like Ohio ($0.10/mL excise), Illinois (45% wholesale tax), and Wisconsin ($0.05/mL excise). You'll only pay the standard 6% Michigan sales tax.
Where Can You Vape in Michigan?
This is where Michigan stands apart from most of its neighbors. Michigan doesn't have a statewide indoor vaping ban.
The state's Smoke-Free Indoor Air Law (Public Act 188 of 2009) bans smoking in enclosed public places, workplaces, restaurants, and bars, but it does not include vaping products in its definition of "smoking."
Where Vaping Is Prohibited (by State Law)
- Child care center property - Including homes and vehicles used for child care transport
- Public school grounds - Including school-sponsored events
- Third Judicial Circuit Court facilities
- Streetcars and street railway stations
Where Vaping Restrictions Depend on Local Rules
Michigan's lack of a statewide indoor vaping ban means local municipalities can set their own rules. These areas have enacted indoor vaping restrictions:
- East Lansing - Vaping prohibited where smoking is prohibited
- Marquette County - Indoor vaping restrictions
- Washtenaw County - Clean Indoor Air Regulation covers vaping
- Grand Rapids - Clean Air and Public Places Ordinance
Where Vaping Is Generally Permitted
- Most indoor public places (unless the business or local ordinance prohibits it)
- Restaurants and bars (unless local ordinance says otherwise)
- Hotels (property-specific policies)
- Private residences (unless operating as licensed child care)
- Private vehicles
- Outdoors
A Note for Travelers
Even though Michigan has no statewide indoor ban, many businesses set their own no-vaping policies. Don't assume you can vape indoors just because state law allows it. Always ask first.
University Campuses
- University of Michigan - Tobacco and smoke-free campus (includes vaping)
- Michigan State University - Smoke/vape-free campus
- Wayne State University - Smoke/vape-free
- Most Michigan public universities have adopted tobacco-free campus policies that include vaping
Penalties for Violating Michigan's Vaping Laws
Selling Vapor Products to Minors (MCL 722.641)
| Offense | Classification | Penalty |
|---|---|---|
| First offense | Misdemeanor | Fine up to $100 |
| Second offense | Misdemeanor | Fine up to $500 |
| Third or subsequent offense | Misdemeanor | Fine up to $2,500 |
Additional requirements for retailers:
- Must verify age via government-issued photo ID if the buyer appears under 27
- Must post signage stating purchase by those under 21 is prohibited
- Affirmative defense available if the retailer had a written age-verification policy in force
Minor Possession/Use (MCL 722.642)
| Offense | Classification | Penalty |
|---|---|---|
| First violation | State civil infraction | Fine up to $50 |
| Second violation | State civil infraction | Fine up to $50 |
| Third or subsequent violation | Misdemeanor | Fine up to $50 per violation |
Additional consequences for minors:
- Court may order participation in a health promotion and risk reduction assessment program
- Community service may be required
- School-based incidents may result in suspension or expulsion in addition to legal penalties
Enforcement Reality
- Michigan does not require a specialized state-level retail license for vape shops, which means there's no license to suspend or revoke for violations
- FDA conducts federal compliance inspections independently
- Enforcement of underage sales varies significantly by locality
- The relatively low fines ($100 for a first offense selling to a minor) are among the lowest in the nation
- School districts often enforce their own zero-tolerance policies on student vaping
Taxes and Costs
Current Tax Structure
| Tax | Rate |
|---|---|
| State excise tax on vapor products | None |
| State sales tax | 6% |
| Local sales tax | None (Michigan does not allow local sales taxes) |
| Total effective tax | 6% sales tax only |
Michigan is one of the few states that does not levy an excise tax on vaping products. Only the standard 6% state sales tax applies. This makes Michigan one of the cheapest Great Lakes states for vaping.
Proposed Tax Changes (Not Yet Enacted)
Governor Whitmer has twice proposed vaping excise taxes:
| Proposal | Year | Proposed Rate | Status |
|---|---|---|---|
| Budget recommendation | 2025 | 32% wholesale tax | Did not pass legislature |
| Budget recommendation | 2026 | 57% wholesale tax | Opposed by Republican-led House |
The 2026 proposal would also extend taxes to nicotine pouches, increase the cigarette tax from $2.00 to $3.00 per pack, and raise other tobacco product taxes from 32% to 57%. The Whitmer administration estimates $332 million in combined annual revenue.
House Speaker Matt Hall (R-Richland Township) has stated there will be "no tax increases in this budget," making passage unlikely in the current legislative session.
Michigan vs. Other Great Lakes States
| State | Flavor Ban | Directory | Indoor Vaping Ban | Vape Excise Tax | Age | Online Sales |
|---|---|---|---|---|---|---|
| Michigan | No | No | No statewide | None | 21 | Legal |
| Ohio | Columbus only | No | Yes (statewide) | $0.10/mL | 21 | Legal |
| Illinois | Chicago only | No | Yes (statewide) | 45% wholesale | 21 | Legal |
| Wisconsin | No (de facto via directory) | Yes | No statewide (39 municipalities) | $0.05/mL | 21 | Legal |
| Indiana | No | No | Limited | 30% wholesale | 21 | Legal |
| Minnesota | No | No | Yes (statewide) | 95% wholesale | 21 | Legal |
Michigan is the least restrictive Great Lakes state for vapers. It has no excise tax, no statewide indoor ban, no flavor ban, and no product directory. Minnesota, by contrast, has the highest vape tax in the nation at 95% wholesale.
Nicotine Alternatives
When you encounter a local indoor vaping restriction or a private business policy that prohibits vaping, these alternatives work:
- Nicotine pouches (ZYN, Rogue, On!) - Legal everywhere, no special tax in Michigan
- Nicotine gum - Available at pharmacies and convenience stores
- Nicotine lozenges - Discreet option for indoor settings
- Nicotine patches - Long-lasting, no visible use
Since Michigan has no excise tax on vaping products or nicotine alternatives, these are generally priced lower than in neighboring states.
Michigan Vaping Laws: Key Takeaways
- No statewide indoor vaping ban - Michigan's Smoke-Free Indoor Air Law (Public Act 188 of 2009) does not cover vaping, though some municipalities have local restrictions
- No excise tax on vape products - Only the standard 6% sales tax applies, making Michigan one of the cheapest Great Lakes states for vaping
- No flavor ban - All flavored vapes are legal statewide despite Governor Whitmer's 2019 emergency ban attempt
- The 2019 flavor ban was a landmark case - Michigan was the first state to attempt a flavor ban, but courts blocked it at every level through December 2019
- 21+ age requirement - Public Act 167 of 2022 raised the age from 18 to 21 with no military exception
- Low penalties for retailers - First-offense fine for selling to a minor is just $100, among the lowest nationally
- Online sales are legal - With third-party age verification and adult signature delivery required
- No product directory or retail licensing - Michigan does not require state-approved product lists or vape-specific retail licenses
- Governor Whitmer continues pushing for regulation - A 57% wholesale tax and de facto flavor ban through FDA authorization requirements are in her latest budget proposal
- Local rules vary - East Lansing, Marquette County, Washtenaw County, and Grand Rapids have enacted local indoor vaping restrictions, so always check municipal rules
References
- Michigan Legislature - MCL 722.641 (Youth Tobacco Act, Sale to Minors)
- Michigan MDHHS - E-Cigarettes
If you're traveling through Michigan, check our guide on traveling with your vape for airport rules and packing tips.
Looking for vaping laws in other states or countries? Check our complete vaping laws guide for more destinations.