Tobacco Age Increase

BP gas station and mini mart on 300 North Main displays tobacco products, and makeshift signs to display the new age to purchase tobacco on Tuesday, January 3, 2017. Effective January 1, 2017, the City of Ann Arbor raised the age to purchase tobacco from 18 to 21. Matt Weigand | The Ann Arbor News

Michigan Attorney General Bill Schuette has snuffed out the city of Ann Arbor's ban on tobacco sales to people under 21.

In an opinion requested by state Sen. Rick Jones, R-Grand Ledge, Schuette said the state's Age of Majority Act of 1972 preempts a city ordinance approved by the Ann Arbor City Council last summer that increased the tobacco purchasing age in the city from 18 to 21.

"The ordinance directly conflicts with state law by barring the sale or furnishing of tobacco products to 18- to 20-year-olds because the Age of Majority Act prohibits treating these young adults differently from persons 21 years and older with respect to their legal capacity to purchase tobacco products," the order reads.

City officials initially approved the ordinance Aug. 4, 2016, which went into effect Jan. 1. Under the ordinance, retailers could be fined up to $500 for selling tobacco products to anyone under 21.

The move made Ann Arbor the first city in Michigan to get behind the national "Tobacco 21" movement, which supporters say will help prevent early tobacco addiction by making it harder for teenagers to obtain cigarettes.

At an Ann Arbor City Council meeting in July, Council Member Jack Eaton questioned the legality of the ordinance and ultimately voted against the proposal.

"I think that where there's a state law that tells us not to do something, then we're ill-advised to do it, regardless of how compassionate we are about the intent behind the law, so I won't be supporting this - not because I don't think it's a good idea to keep young people from smoking," Eaton said.

Since the ordinance went into effect, some retailers were having trouble adjusting store signage to fit the new rule.