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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: ED DP 6-0-0-1 | 3rd Read 28-1-1-0
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SB
1247: Arizona teachers academy; community colleges
NOW: tobacco use; sale; minimum age
Sponsor: Senator Farnsworth, LD 10
Signed by the Governor
Overview
Conforms the state minimum legal age (18) to buy or possess a tobacco product to the federal minimum legal age (21). Permits currently serving U.S. Armed Forces or National Guard personnel who are at least 18 years old to possess, receive or use a tobacco product if prescribed criteria are met.
History
In 2019, Congress passed legislation amending the Food, Drug and Cosmetic (FD&C) Act that raised the federal minimum age for the sale of tobacco products from 18 to 21 years old. With this change, it is illegal for a retailer to sell any tobacco product to anyone who is not at least 21 years old (21 U.S.C. § 387f).
It is a petty offense for: 1) a person to knowingly sell, give or furnish a tobacco product, a vapor product or any instrument or paraphernalia solely designed for smoking or ingesting tobacco or shisha to a minor; or 2) a minor to buy, possess or knowingly accept and receive a tobacco product, a vapor product or any instrument or paraphernalia solely designed for smoking or ingesting tobacco or shisha. It is a class 3 misdemeanor for a retail tobacco vendor to sell, furnish, give or provide beedies or bidis to a minor.
Tobacco product means cigars, cigarettes and cigarette papers, smoking tobacco or chewing tobacco of any kind. Shisha includes any mixture of tobacco leaf and honey, molasses, dried fruit or any other sweetener. Vapor product is a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit that can be used to heat liquid nicotine solution in cartridges, not including any product regulated by the U.S. Food and Drug Administration under the FD&C Act. Beedies or bidis is a product containing tobacco that is wrapped in temburni or tendu leaf, or any other product offered to, or purchased by, consumers as beedies or bidis (A.R.S. §§ 13-3622, 36-798 and 36-798.01).
Provisions
1. Raises the minimum legal age to buy, possess or knowingly receive and accept a tobacco product, a vapor product or any instrument or paraphernalia solely designed for smoking or ingesting tobacco or shisha from 18 to 21 years old. (Sec. 1)
2. Allows a person who is at least 18 years old to possess, accept, receive or use a tobacco product, vapor product or any instrument or paraphernalia solely designed for smoking or ingesting tobacco or shisha only if:
a) the person is currently serving as a member of the National Guard, the U.S. Armed Forces Reserves or the active component of the U.S. Armed Forces;
b) the use or possession is allowed by the regulations and policies of the U.S. Department of Defense (DoD) or the person’s respective U.S. Armed Forces branch; and
c) the person holds a valid military identification card issued by the U.S. DoD or their respective U.S. Armed Forces branch. (Sec. 4)
3. Excludes, from the authorization to possess, accept, receive or use a tobacco product, a person who is:
a) no longer serving as a member of the National Guard, the U.S. Armed Forces Reserves or the active component of the U.S. Armed Forces; or
b) younger than 18 years old. (Sec. 4)
4. Makes technical and conforming changes. (Sec. 1, 2, 3)
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SB 1247
Initials CH Page 0 Signed by the Governor
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