§ 750.42bSelling or distributing tobacco products through U.S. mail service, express mail

service, parcel post service, or common carrier prohibited; exceptions; violation as
 misdemeanor; penalty; definitions.
 Sec. 42b.
    (1) Except as provided in subsection (3), a person shall not sell or distribute a tobacco
 product in this state through the use of the United States mail service, express mail service,
 parcel post service, or any common carrier service except to persons who have previously paid
 or agreed to pay for the products at fair market value. This subsection does not apply to any
 person employed by the United States Postal Service or by any common carrier while carrying
 or delivering a tobacco product mailed or shipped by another person.
    (2) A person shall not, as part of his, her, or its business, either directly or through an agent,
 distribute tobacco products to persons who did not previously pay or agree to pay for the
 products unless all of the following provisions are met:
    (a) The person or agent that distributes the tobacco product distributes only tobacco
 products regularly sold or manufactured by that person or agent.


                                                                Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 11 of 465                             Courtesy of legislature.mi.gov

    (b) The person that distributes the tobacco product ascertains that the individual who
 receives the tobacco product is 21 years of age or older.
    (c) The individual who receives the tobacco product is physically present to receive the
 product.
    (d) Distribution is not prohibited by any local ordinance.
    (3) Subsection (1) does not prohibit the sale or distribution of a tobacco product in this state
 through the use of the United States mail service, express mail service, parcel post service, or
 any common carrier service if the sale or distribution is in response to a consumer complaint
 or is part of a direct mail marketing of products to specifically named individuals, and which
 response or marketing involves the prior return by the same specifically-named individual of
 an authorization card to the tobacco company that indicates that the individual is at least 21
 years of age, is signed by the individual, and is kept on file by the tobacco company for at
 least 1 year.
    (4) A person who violates subsection (1) is guilty of a misdemeanor punishable by
 imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both.
    (5) A person who violates subsection (2) is guilty of a misdemeanor punishable by 1 or
 more of the following:
    (a) Imprisonment for not more than 90 days.
    (b) A fine of not more than $500.00.
    (c) Community service for not more than 180 days.
    (6) As used in this section:
    (a) "Employed" includes engaged as an agent or independent contractor.
    (b) "Person" means an individual, partnership, corporation, association, or other legal entity.
    (c) "Sell or distribute" includes to send or to provide free samples or any other distribution
 not for sale.