The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5202 July 11, 1977 TOBACCO AND TOBACCO PRODUCTS: Use of cigarettes by persons under the age of 18. CHILDREN AND MINORS: Use of cigarettes. SCHOOLS AND SCHOOL DISTRICTS: Setting aside a place for pupils to smoke cigarettes. A board of education may not knowingly designate a certain area of school property to be available to minors for smoking cigarettes. Honorable Warren N. Goemaere State Representative The Capitol Lansing, Michigan Honorable Paul A. Rosenbaum State Representative The Capitol Lansing, Michigan You have both requested my opinion on a question which may be phrased as follows: May a board of education legally set aside or designate a location outside of the school building, but on property or land owned by the school district or over which the school district has control, for the purpose of permitting students under the age of 18 to indulge in the use of cigarettes and/or other forms of tobacco? Michigan law regulates the use of cigarettes by persons under the age of 18. 1915 PA 31; MCLA 722.641 et seq; MSA 25.281 et seq, makes punishable by fine or imprisonment certain acts relating to the use of cigarettes by minors. 1915 PA 31, supra, Sec. 1 prohibits selling, giving or furnishing cigarettes to a minor. 1915PA 31, supra, Sec. 2 states in pertinent part: 'A person under 18 years of age who smokes or uses cigarettes in any form, on a public highway, street, alley, park or other lands used for public purposes, or in a public place of business or amusement, may be arrested by an officer of the law, who observes the offense. . . .' Clearly, school property constitutes land used for a public purpose. Consequently, a student under 18 years of age may be arrested for using cigarettes on school property. 1915 PA 31, supra, Sec. 3 states: 'One who knowingly harbors a person under 18 years of age, or grants to them the privilege of gathering upon or frequenting property or lands held by him, for the purpose of indulging in the use of cigarettes in any form, shall be held under the same penalty as provided in section 1. This act shall not interfere with the right of parents or lawful guardians in the rearing and management of their minor children or wards within the bounds of their own private premises.' MCLA 722.643; MSA 27.283 By designating certain areas of school property to be available to minors for the use of cigarettes, the local board of education would be knowingly granting minors the privilege of using the property to indulge in the use of cigarettes. The members of the board of education would, therefore, be subject to the penalties set forth in 1915 PA 31, Sec. 1, supra. Thus, it is my opinion that 1915 PA 31, Sec. 3, supra, precludes a board of education from setting aside or designating certain areas of school property for the purpose of permitting students under the age of 18 to indulge in the use of cigarettes. Frank J. Kelley Attorney General