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REFERENCE TITLE: alternative products; furnishing underage persons |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2393 |
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Introduced by Representatives Biasiucci: Aguilar, Carter P, Diaz, Gillette, Hernandez A, Hernandez C, Liguori, Nguyen, Peņa, Travers, Tsosie, Villegas, Volk, Willoughby, Wilmeth; Senator Angius
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AN ACT
AMENDING SECTIONS 13-3622 AND 36-798.07, ARIZONA REVISED STATUTES; RELATING TO tobacco retailers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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 tobacco product, alternative nicotine product, vapor product or tobacco or shisha instruments or paraphernalia to underage person; underage person accepting, receiving or illegally obtaining tobacco product, alternative nicotine product, vapor product or tobacco or shisha instruments or paraphernalia; classification; definitions
A. A person who knowingly sells, gives or furnishes a tobacco product, an alternative nicotine product, a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco products, alternative nicotine products, vapor products or shisha, including a hookah or waterpipe, to a person who is under twenty-one years of age is guilty of a petty offense.
B. Except as provided in section 36-798.07, a person who is under twenty-one years of age and who buys, or has in the person's possession or knowingly accepts or receives from any person, a tobacco product, an alternative nicotine product, a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco products, alternative nicotine products, vapor products 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 smoking or ingesting tobacco products, alternative nicotine products, vapor products or shisha, shall pay a fine of at least $100 or perform at least thirty hours of community restitution.
C. A person who is under twenty-one years of age and who misrepresents the person's age to another person by means of a written instrument of identification with the intent to induce the other person to sell, give or furnish a tobacco product, an alternative nicotine product, a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco products, alternative nicotine products, vapor products 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 $500.
D. Notwithstanding sections 13-802 and 13-803, the court shall order a person who commits a violation of this section or an enterprise that commits a first violation of this section to attend a court-approved tobacco retailer educational course and pay a fine of at least $500 but not more than $750.
E. Notwithstanding subsection A of this section:
1. An enterprise that commits a second violation of this section within twenty-four months is guilty of a class 3 misdemeanor and:
(a) Shall pay a fine of at least $2,000 but not more than $3,000.
(b) Shall attend a court-approved tobacco retailer educational course.
(c) Is subject to any other punishment deemed appropriate by the court.
2. An enterprise that commits a second or subsequent violation of this section twenty-four months or more after the prior violation is guilty of a class 3 misdemeanor and:
(a) Shall pay a fine of at least $2,000 but not more than $3,000.
(b) Shall attend a court-approved tobacco retailer educational course.
(c) Is subject to any other punishment deemed appropriate by the court.
3. An enterprise that commits a third violation of this section within twenty-four months is guilty of a class 1 misdemeanor and:
(a) Shall pay a fine of at least $10,000.
(b) Shall attend a court-approved tobacco retailer educational course.
(c) is subject to any other punishment deemed appropriate by the court.
(d) Is prohibited from selling, giving or furnishing tobacco products or vapor products for a period of one hundred twenty days.
4. An enterprise that commits a fourth or subsequent violation of this section within twenty-four months is guilty of a class 6 felony and:
(a) Shall pay a fine of at least $10,000.
(b) Shall attend a court-approved tobacco retailer educational course.
(c) Is subject to any other punishment deemed appropriate by the court.
(d) Is prohibited from selling, giving or furnishing tobacco products or vapor products for a period of one year.
5. An enterprise that commits a fourth or subsequent violation of this section within twelve months is guilty of a class 5 felony and:
(a) Shall pay a fine of at least $10,000.
(b) Shall attend a court-approved tobacco retailer educational course.
(c) Is subject to any other punishment deemed appropriate by the court.
(d) Is prohibited from selling, giving or furnishing tobacco products or vapor products for a period of one year.
F. If an enterprise violates a court order imposed pursuant to subsection D or E of this section, the following apply:
1. The offense shall carry the same classification as the most recent offense.
2. The enterprise shall pay a fine in an amount that is double the fine imposed for the most recent offense.
3. The court shall extend the length of time that the enterprise is prohibited from selling, giving or furnishing tobacco products or vapor products to two times the length of the original prohibition.
G. If the court orders an enterprise to attend a tobacco retailer educational course, each owner and person who serve in managerial positions and at least one person who serves in a nonmanagerial position shall attend the course.
D. H. 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 smoking or ingesting 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 smoking or ingesting tobacco products, alternative nicotine products, vapor products or shisha, including a hookah or waterpipe, that is given to or possessed by a person who is under twenty-one years of age if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the person who is under twenty-one years of age to smoke or ingest tobacco or shisha.
E. I. For the purposes of this section:
1. "Alternative nicotine product" means any noncombustible product that contains nicotine from any source and that is intended for human consumption, whether chewed, absorbed, dissolved, ingested or consumed by any other means.
2. "Nicotine":
(a) Means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.
(b) Includes nicotine alkaloids and nicotine analogs.
1. 3. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
2. 4. "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.
(f) Any other product that contains or is made or derived from tobacco intended for human consumption.
3. 5. "Vapor product":
(a) Means a noncombustible tobacco-derived product containing nicotine from any source 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.
(b) Includes any component, part or accessory of the product.
(b) (c) Does not include any product that is regulated as a drug or device by the United States food and drug administration under chapter V of the federal food, drug, and cosmetic act.
Sec. 2. Section 36-798.07, Arizona Revised Statutes, is amended to read:
36-798.07. Possessing, accepting or receiving tobacco product, alternative nicotine product, vapor product or tobacco or shisha instruments or paraphernalia; active military personnel under twenty-one years of age; definitions
A. A person who is at least eighteen years of age may possess, accept, receive or use a tobacco product, an alternative nicotine product, a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha as defined in section 13-3622, including a hookah or waterpipe, only if all of the following apply:
1. The person is currently serving as a member of the national guard, the United States armed forces reserves or the active component of the United States armed forces.
2. The use or possession of the tobacco product, the alternative nicotine product, the vapor product or any instrument or paraphernalia is allowed by the regulations and policies of the United States department of defense or the branch of the United States armed forces in which the person is serving.
3. The person holds a valid military identification card that is issued by the United States department of defense or the branch of the United States armed forces in which the person is serving.
B. This section does not apply to any person who is either:
1. No longer serving as a member of the national guard, the United States armed forces reserves or the active component of the United States armed forces.
2. Under eighteen years of age.
C. For the purposes of this section:
1. "Alternative nicotine product" has the same meaning prescribed in section 13-3622.
2. "Tobacco product" has the same meaning prescribed in section 13-3622.
3. "Vapor product" has the same meaning prescribed in section 13-3622.