Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3622, Arizona Revised Statutes, is amended to read:
13-3622. Furnishing of tobacco product, vapor product or tobacco or shisha instruments or paraphernalia to minor; minor accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; illegally obtaining tobacco product, vapor product or tobacco or shisha instruments or paraphernalia by underage person; classification; definitions
A. A person who knowingly
sells, gives or furnishes a tobacco product, a vapor product or
any instrument or paraphernalia that is solely designed for the smoking or
ingestion of tobacco or shisha, including a hookah or waterpipe, to a minor is guilty of a petty offense.
B. A minor who buys, or has in his possession or
knowingly accepts or receives from any person, a
tobacco product, a vapor product
or any instrument or paraphernalia that is solely designed for the smoking or
ingestion of tobacco or shisha, including a hookah or waterpipe, is guilty of a
petty offense, and if the offense involves any instrument or paraphernalia that
is solely designed for the smoking or ingestion of tobacco or shisha, shall pay
a fine of not less than one hundred dollars or perform not less than thirty
hours of community restitution.
C. A minor who misrepresents the minor's age to any
person by means of a written instrument of identification with the intent to
induce the person to sell, give or furnish a tobacco product, a vapor product or
any instrument or paraphernalia that is solely designed for the smoking or
ingestion of tobacco or shisha, including a hookah or waterpipe, in violation
of subsection A or B of this section is guilty of a petty offense and,
notwithstanding section 13‑802, shall pay a fine of not more than five
hundred dollars.
D. This section does not apply to any of the following:
1. Cigars, cigarettes or cigarette papers, smoking or chewing tobacco or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, if it is used or intended to be used in connection with a bona fide practice of a religious belief and as an integral part of a religious or ceremonial exercise.
2. Any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a minor if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the minor to smoke or ingest tobacco or shisha.
E. For the purposes of this section:
1. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
2. "Tobacco product" means any of the following:
(a) Cigars.
(b) Cigarettes.
(c) Cigarette papers of any kind.
(d) Smoking tobacco of any kind.
(e) Chewing tobacco of any kind.
3. "Vapor product" means a noncombustible tobacco‑derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges. Vapor product does not include any product that is regulated by the United States food and drug administration under chapter V of the federal food, drug and cosmetic act.