722.642 Prohibited conduct by minor for tobacco products, vapor products, or alternative nicotine products; violation and penalties; participation in health promotion and risk reduction assessment program; costs; community service; exceptions; other violations.

Sec. 2.

    (1) Subject to subsection (6), a minor shall not do any of the following:

    (a) Purchase or attempt to purchase a tobacco product.

    (b) Possess or attempt to possess a tobacco product.

    (c) Use a tobacco product in a public place.

    (d) Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product.

    (2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by a fine of not more than $50.00 for each violation. Pursuant to a probation order, the court may also require an individual who violates subsection (1) to participate in a health promotion and risk reduction assessment program, if available. In addition, an individual who violates subsection (1) is subject to the following:

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

    (i) Perform not more than 16 hours of community service.

    (ii) Participate in a health promotion and risk reduction assessment program.

    (b) For a second violation, in addition to participation in a health promotion and risk reduction assessment program, the court may order the individual to perform not more than 32 hours of community service.

    (c) For a third or subsequent violation, in addition to participation in a health promotion and risk reduction assessment program, the court may order the individual to perform not more than 48 hours of community service.

    (3) Subject to subsection (6), a minor shall not do any of the following:

    (a) Purchase or attempt to purchase a vapor product or alternative nicotine product.

    (b) Possess or attempt to possess a vapor product or alternative nicotine product.

    (c) Use a vapor product or alternative nicotine product in a public place.

    (d) Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a vapor product or alternative nicotine product.

    (4) An individual who violates subsection (3) is responsible for a state civil infraction or guilty of a misdemeanor as follows:

    (a) For the first violation, the individual is responsible for a state civil infraction and shall be fined not more than $50.00. The court may order the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 16 hours of community service.

    (b) For the second violation, the individual is responsible for a state civil infraction and shall be fined not more than $50.00. The court may order the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 32 hours of community service.

    (c) If a violation of subsection (3) occurs after 2 or more prior judgments, the individual is guilty of a misdemeanor punishable by a fine of not more than $50.00 for each violation. Pursuant to a probation order, the court may also require the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 48 hours of community service.

    (5) An individual who is ordered to participate in a health promotion and risk reduction assessment program under subsection (2) or (4) is responsible for the costs of participating in the program.

    (6) Subsections (1) and (3) do not apply to a minor participating in any of the following:

    (a) An undercover operation in which the minor purchases or receives a tobacco product, vapor product, or alternative nicotine product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.

    (b) An undercover operation in which the minor purchases or receives a tobacco product, vapor product, or alternative nicotine product under the direction of the state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product, vapor product, or alternative nicotine product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation.

    (c) Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted under the direction of a substance use disorder coordinating agency and with the prior approval of the state police or a local police agency.

    (7) Subsections (1) and (3) do not apply to the handling or transportation of a tobacco product, vapor product, or alternative nicotine product by a minor under the terms of the minor's employment.

    (8) This section does not prohibit an individual from being charged with, convicted of, or sentenced for any other violation of law that arises out of the violation of subsection (1) or (3).