ED. NOTICE; DANGERS OF INTOXICATING PRODUCTS S.B. 433 (S-1):
SUMMARY OF SUBSTITUTE BILL
IN COMMITTEE
Senate Bill 433 (Substitute S-1)
Sponsor: Senator Dayna Polehanki
ED. NOTICE; DANGERS OF INTOXICATING PRODUCTS S.B. 433 (S-1):
SUMMARY OF SUBSTITUTE BILL
IN COMMITTEE
Senate Bill 433 (Substitute S-1)
Sponsor: Senator Dayna Polehanki
CONTENT
The bill would amend the Revised School Code to do the following:
-- Require the Department of Health and Human Services (DHHS) to develop an informational notice concerning the dangers of and prevention and treatment for the abuse of tobacco products, vapor products, tetrahydrocannabinol (THC) products, synthetic hemp, and alternative nicotine products by July 1, 2026.
-- Require the Michigan Department of Education (MDE) to provide this notice to public and nonpublic schools, as well as on its website.
-- Require a school to provide this informational notice to the parents and legal guardians of its students by October 1 of each school year, beginning with the 2026-2027 school year.
The bill would require the DHHS to develop and provide to the MDE an informational notice in English, Spanish, and Arabic, containing the following, by July 1, 2026:
-- Information on the dangers of tobacco products, vapor products, alternative nicotine products, THC cannabis products, and synthetic intoxicating hemp.
-- Resources to support prevention and treatment.
-- Information on how to recognize the signs of THC poisoning and the proper steps to take to take if an individual showed signs of THC poisoning.
The MDE would have to provide this notice to public schools and nonpublic schools and post the notice on the MDE’s website.
("Tobacco product" would mean that term as defined in Section 4 of the Youth Tobacco Act: a product that contains tobacco and is intended for human consumption, including a cigarette, noncigarette smoking tobacco, smokeless tobacco, or cigar.
"Vapor product" would mean that term is defined in the Youth Tobacco Act: a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking.
"Alternative nicotine product" would mean that term as defined in Section 4 of the Youth Tobacco Act: a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. The term does not include a tobacco product, a vapor product, food, or a product regulated as a drug or device by the United States Food and Drug Administration.
Generally, THC is a psychoactive compound found in the cannabis plant. The Michigan Regulation and Taxation of Marihuana Act includes in its definition of the term any THC compound, precursor, or isomer, regardless of whether it is artificially or naturally derived.1)
The bill would require the DHHS to annually update the required informational notice to account for any changes in health education or medical research related to the dangers of tobacco products, vapor products, alternative nicotine products, THC cannabis products, or synthetic intoxicating hemp. The DHHS would have to provide an updated notice to the MDE by July 1 each year.
Beginning with the 2026-2027 school year, the bill would require the board of a school district or intermediate school district (ISD), board of directors of a public school academy (PSA), or governing body of a nonpublic school to ensure that the required informational notice was provided to the parent or legal guardian of each pupil enrolled in the school district, ISD, PSA, or nonpublic school by October 1 of each year. This notice could be provided electronically or by mail. A school district, ISD, PSA, or nonpublic school also would have to post a link to the MDE’s webpage containing the required notice on the school’s website.
The parties granted the responsibilities discussed above, including any officers, board members, or employees of those parties, would be immune from civil liability for any damages allegedly caused by, arising out of, or relating to the required informational notice.
Proposed MCL 380.1509 Legislative Analyst: Abby Schneider
FISCAL IMPACT
The bill would lead to indeterminate minor costs for the DHHS resulting from the requirement that the DHHS develop an informational notice on the dangers of high-potency THC cannabis products and vaping resources to support prevention and treatment, annually review the informational notice, and provide the notice to the MDE. It is likely that these costs could be covered within existing appropriations.
The bill would have a negative fiscal impact on districts, ISDs, and PSAs. The cost to districts, ISDs, and PSAs is unknown but would likely be minimal and covered within existing appropriations. Districts, ISDs, and PSAs would have a choice to distribute the notice electronically or through physical mail. If they chose to distribute the notice through physical mail, the cost would be greater than if they distributed the notice electronically.
Fiscal Analyst: Ellyn Ackerman
Ryan Bergan
Cory Savino, PhD
[1] This includes tetrahydrocannabinolic acid (THCa), a precursor to THC, and THC synthesized from cannabidiol (CBD) or hemp, such as Delta-8 THC.
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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.