Cameron Miranda
Michigan has a number of laws in place to protect residents and visitors from exposure to secondhand smoke in public places and businesses. While there is no outright ban on smoking cigarettes in Michigan, the state has implemented various regulations to restrict smoking in specific areas and situations. For example, Michigan's Smoke-Free Indoor Air Law, enacted in 2009, prohibits smoking in workplaces and food service establishments. Additionally, counties and cities within Michigan, such as Saginaw County and Detroit, have passed their own clean indoor air acts or ordinances to further restrict smoking in public places. These laws aim to improve the health and comfort of individuals by reducing their exposure to secondhand smoke. Other laws in Michigan target the sale and distribution of tobacco products, impose taxes, and restrict advertising to reduce tobacco consumption and protect minors.
| Characteristics | Values |
|---|---|
| Name of the law | Dr. Ron Davis Smoke-Free Air Law |
| Date passed | December 10, 2009 |
| Date signed into law | December 18, 2009 |
| Enforcer | Detroit Health Department |
| Act number | Public Act No. 188 of 2009, 2012 |
| Smoking definition | Burning a lighted cigar, cigarette, pipe or any other matter or substance that contains a tobacco product |
| Places covered | All indoor workplaces, restaurants, bars, businesses, hotels, motels, conference rooms, lobby spaces, food service establishments, gaming areas of Detroit's three casinos |
| Places not covered | Native American land, tribal casinos, bingo halls, private clubs |
| Signage requirements | "No Smoking" signs or the international "No Smoking" symbol must be posted at entrances and other areas where smoking is prohibited |
| Penalties | Refusal of service and request to leave the premises |
| Tax | Additional tax of 75 cents per 20-count pack of cigarettes, for a total of $2/pack |
| Age restriction | Minimum age of sale for all tobacco products is 21 |
| High school student smoking rate | 1.7% smoked cigarettes in the past 30 days as of 2021 |
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What You'll Learn
Michigan's Smoke-Free Indoor Air Law
Michigan has a number of statewide laws that protect residents and visitors from exposure to secondhand smoke in public places and businesses. One of the most notable and comprehensive is Public Act No. 188 of 2009, also known as Michigan's Smoke-Free Indoor Air Law or the Dr. Ron Davis Smoke-Free Air Law.
This law was passed by the Michigan legislature on December 10, 2009, and signed by Governor Jennifer M. Granholm on December 18, 2009. The primary goal of the law is to preserve and improve the health, comfort, and environment of Michigan residents and visitors by limiting their exposure to secondhand smoke.
Under this law, smoking is prohibited in work areas and all food service establishments, which are defined as places with a license to serve food or beverages. This includes restaurants, bars, and businesses such as hotels and motels. The law also covers workplaces, which are sites employing at least one person.
Additionally, the law sets forth minimum requirements for indoor workplaces and public places where smoking is regulated, and these standards apply statewide. It establishes where smoking is prohibited and allowed, ensuring that local laws are at least as stringent as the statewide law.
Prior to the enactment of Public Act No. 188 of 2009, various counties and cities in Michigan had passed their own smoke-free regulations, such as the Northwest Michigan Community Health Agency, which covers four counties, and the Detroit Clean Indoor Air Ordinance passed in 2005. These local regulations, along with statewide advocacy efforts, contributed to the comprehensive smoke-free laws that protect Michigan residents and visitors today.
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Saginaw County's Clean Indoor Air Act
On April 25, 2006, the Saginaw County Board of Commissioners passed a Clean Indoor Air Act to protect the public's health and welfare by eliminating smoking in public and private worksites and public places, except bars and restaurants. The law went into effect on July 24, 2006, and covered 42 municipalities with over 210,000 people.
The Clean Indoor Air Act was passed in recognition of the dangers of secondhand smoke, which is proven to cause heart disease, lung cancer, emphysema, and asthma. Nonsmokers who are regularly exposed to secondhand smoke have death rates that are 30% higher than those of unexposed nonsmokers. The harmful effects of secondhand smoke are especially pronounced in children, infants, and unborn babies, as their lungs are still developing.
The Act prohibits smoking in virtually all workplaces and public places in Saginaw County, including business vehicles, places where bingo games are held, and hallways, lobbies, and other common areas of hotels, motels, apartments, condos, and other multi-unit residential facilities. However, it is important to note that state law prevents counties from making bars and restaurants completely smoke-free, and designated smoking areas may be allowed in certain situations.
To comply with the Saginaw County Clean Indoor Air Regulation, "No Smoking" signs or the international "No Smoking" symbol must be clearly posted at all entrances and other areas where smoking is prohibited. These areas may include patios, rooftops, outdoor tables, and other spaces during periods when food or beverages are prepared, served, or provided to patrons. For mobile food units and special transitory food units, "No Smoking" signage is typically required at the entrance and/or in food preparation areas.
In addition to Saginaw County's Clean Indoor Air Act, Michigan has also passed statewide legislation to protect residents and visitors from secondhand smoke exposure. On December 18, 2009, Michigan Governor Jennifer M. Granholm signed the Dr. Ron Davis Smoke-Free Air Law, which prohibits smoking in work areas and all food service establishments. This law sets minimum requirements for indoor workplaces and public places where smoking is regulated, and it applies to bars, restaurants, conference rooms, and lobby spaces.
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Detroit Clean Indoor Air Ordinance
On July 20, 2005, the Detroit Clean Indoor Air Ordinance was enacted by a 7-0 vote of the Detroit City Council. The law makes virtually all workplaces and public places smoke-free, with the exception of restaurants, bars, and casinos, which are exempted by state law. The Detroit Health Department is responsible for enforcing the law, which covers all of Wayne County, including the City of Detroit and its approximately 925,000 residents, or nearly 10% of Michigan's population.
The Detroit Clean Indoor Air Ordinance prohibits designated smoking rooms and requires that at least 70% of hotel and motel rooms be smoke-free. Additionally, smoking is prohibited within 15 feet of building entrances. The ordinance is part of a broader effort to improve air quality in Detroit, which is known for its industrial history and poor air quality.
While the Detroit Clean Indoor Air Ordinance was a significant step toward reducing secondhand smoke exposure, it did not address all sources of air pollution in the city. Detroit is an industrial city located on the Detroit River in southeastern Michigan. Its climate is influenced by the Great Lakes, resulting in cold winters and warm to hot summers.
Detroit has consistently ranked among the most polluted cities in Michigan, with Southwest Detroit often having the least healthy air. The city's air quality is impacted by a combination of pollution sources, including heavy industrial facilities, coal-powered plants, and transportation corridors. Despite this, there have been signs of improvement in recent decades, with decreasing levels of particle pollution and annual particle pollution.
To further combat air pollution, Detroit officials have implemented additional ordinances, such as the fugitive dust ordinance, which aims to reduce industrial dust pollution. This ordinance requires businesses like scrapyards and concrete plants to submit dust control plans and adhere to stricter rules for public health. However, the effectiveness of this ordinance has been questioned due to its reliance on visual inspections instead of real-time monitoring.
Overall, while the Detroit Clean Indoor Air Ordinance and other initiatives have made strides toward improving Detroit's air quality, the city continues to face challenges in creating a healthier environment for its residents and visitors.
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Northwest Michigan Community Health Agency smoke-free regulation
On December 18, 2009, Michigan Governor Jennifer M. Granholm signed the Dr. Ron Davis Smoke-Free Air Law, which came into effect on December 10, 2009. This law prohibits smoking in workplaces and food service establishments, aiming to protect the health of Michigan residents and visitors by reducing their exposure to secondhand smoke.
Prior to this, several counties in Michigan had already implemented their own smoke-free regulations, including the four counties in the region covered by the Northwest Michigan Community Health Agency (NWMCHA). On January 9, 2006, the NWMCHA passed a comprehensive smoke-free regulation covering most workplaces and public places. The four counties in the region are Charlevoix, Antrim, Emmet, and Otsego, and each county had to decide whether to implement the regulation for its residents. Initially, only three of the four counties voted to be included, with Charlevoix County opting out. However, in 2006, Charlevoix County Circuit Judge Richard Pajtas upheld the smoke-free law, bringing the county in line with the other three.
The NWMCHA regulation was enacted due to the serious health impacts of secondhand smoke, particularly on children. These impacts can include asthma induction and exacerbation, bronchitis, pneumonia, middle ear infection, chronic respiratory symptoms, and low birth weight. A survey conducted by the American Cancer Society in 2004 found that 82% of registered voters in the four counties supported a smoking ban in worksites and public places, with 92% understanding that secondhand smoke can harm non-smokers.
In addition to the state-level Smoke-Free Indoor Air Law and the NWMCHA regulation, other counties in Michigan have also implemented their own smoke-free laws. For example, Saginaw County passed a Clean Indoor Air Act in 2006, covering all workplaces and public places except bars and restaurants. Similarly, Midland County passed a Clean Indoor Air Act in 2006, with the same exceptions for bars and restaurants. These county-level laws add to the growing number of smoke-free regulations in Michigan, demonstrating a commitment to protecting the health and well-being of residents and visitors.
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Michigan's cigarette tax laws
Michigan has various laws in place to limit smoking in indoor public spaces and workplaces. However, there is no law prohibiting smoking cigarettes entirely. Michigan's Smoke-Free Indoor Air Law, or Public Act No. 188 of 2009, aims to protect residents and visitors from secondhand smoke in indoor public spaces and workplaces. This law sets minimum requirements for indoor workplaces and public places where smoking is regulated.
Under this act, smoking is prohibited in work areas and all food service establishments, including bars and restaurants. It also covers business vehicles, places where bingo games are held, and common areas of multi-unit residential buildings. The act requires designated "No Smoking" signs to be posted at entrances and other areas where smoking is prohibited. However, Detroit's three casinos are exempted from this act, and smoking may be allowed at tribal casinos.
In addition to these regulations, Michigan has implemented tobacco taxes. An excise tax of $2 is levied per pack of 20 cigarettes, which includes both state and federal excise taxes. The state excise tax on cigarettes in Michigan is $2.00 per pack, and when combined with the sales tax of approximately $0.36 per pack, the total tax per pack amounts to $2.36. These tobacco excise taxes are typically paid by vendors and passed on to consumers in the retail price.
Other tobacco tax laws in Michigan include Public Act 164 of 2004, which levies an additional tax of 75 cents per pack of cigarettes, and Public Act 295 of 1988, which mandates that smokeless tobacco billboards display Surgeon General warnings. Public Act 187 of 1997 requires all tobacco products sold in the state to carry a tax stamp, and Public Act 464 of 1998 prohibits tobacco advertising billboards on roads and highways.
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Frequently asked questions
No, smoking is not banned in Michigan, but there are laws in place to protect residents and visitors from exposure to secondhand smoke in public places and businesses.
Michigan's Smoke-Free Indoor Air Law, also known as Public Act No. 188 of 2009, prohibits smoking in all restaurants, bars, and businesses, including hotels and motels. The law also sets forth the minimum requirements for indoor workplaces and public places where smoking is regulated.
Smoking is prohibited in indoor workplaces and public places in Michigan, with some exceptions for restaurants, bars, and casinos. There may also be local regulations that require smokers to maintain a certain distance from businesses that are not licensed as food service establishments.
Yes, there are penalties for smoking in prohibited areas. Michigan employers are required to inform employees of the fines for smoking. If an individual is smoking in violation of the act, they should be asked to refrain and informed that they are subject to penalties. If they continue, they should be refused service and asked to leave.
