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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
Arizona teachers academy; community colleges
(NOW: tobacco use; sale; minimum age)
As passed by the Senate, S.B. 1247 expanded the definition of eligible postsecondary institution for the purposes of the Arizona Teachers Academy by including any Arizona community college.
The House of Representatives adopted a strike-everything amendment that does the following:
Purpose
Conforms the state minimum legal age to buy or possess a tobacco product to the federal minimum legal age of 21. Allows National Guard or U.S. Armed Forces personnel who are at least 18 years old to possess, receive or use a tobacco product if specified conditions are met.
Background
In 2019, the federal Food, Drug and Cosmetic Act (FDC Act) was amended to raise the federal minimum age for the sale of tobacco products from 18 years old to 21 years old. Under federal law, it is unlawful for a retailer to sell a tobacco product to any person younger than 21 years old (21 U.S.C. § 387f).
A person is guilty of a petty offense if the person: 1) knowingly sells, gives or furnishes a tobacco product, vapor product or any instrument or paraphernalia designed for smoking or ingesting tobacco or shisha (instrument or paraphernalia) to a person who is under 18 years old (minor); or 2) is a minor who buys, possesses, knowingly receives or misrepresents their age by written identification to induce a person to sell, give or furnish a tobacco product, vapor product or any instrument or paraphernalia. A minor who misrepresents their age by written identification must pay a fine of up to $500.
Tobacco product means cigars, cigarettes, cigarette papers, smoking tobacco and chewing tobacco. Vapor product means 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 contained in cartridges, excluding any product that is regulated by the FDC Act. Shisha includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener (A.R.S. § 13-3622).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Raises, from 18 to 21 years old, the minimum legal age for a person to buy, possess or knowingly accept or receive a tobacco product, a vapor product or any instrument or paraphernalia.
2. Stipulates that a person who is at least 18 years old may possess, accept, receive or use a tobacco product, a vapor product or any instrument or paraphernalia, including a hookah or waterpipe, 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 or the U.S. Armed Forces branch in which the person serves; and
c) the person holds a valid military identification card that is issued by the U.S. Department of Defense or the U.S. Armed Forces branch in which the person serves.
3. Determines that the authorization to possess, accept, receive or use a tobacco product, a vapor product or any instrument or paraphernalia does not apply if the person:
a) no longer serves 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) is younger than 18 years old.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
· Adopted the strike-everything amendment relating to the minimum legal age for tobacco products.
House Action
ED 3/18/25 DPA/SE 11-1-0-0
3rd Read 6/4/25 39-13-8
Prepared by Senate Research
June 4, 2025
MH/ci