The Arizona Revised Statutes have been updated to include the revised sections from the 57th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 58th Legislature, 1st Regular Session, which convenes in January 2027.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
13-3622. Tobacco products, alternative nicotine products or tobacco and shisha instruments and paraphernalia; furnishing to underage persons; accepting, receiving or illegally obtaining by underage person; classification; definitions
A. A person who knowingly sells, gives or furnishes a tobacco product, an alternative nicotine product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco 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 or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco 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 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 or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco 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 and sections 13-802 and 13-803:
1. An enterprise that commits a second violation of this section at the same location 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 third violation of this section at the same location 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 alternative nicotine products for a period of one hundred twenty days.
3. An enterprise that commits a fourth or subsequent violation of this section at the same location 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 alternative nicotine products for a period of one year.
4. An enterprise that commits a fourth or subsequent violation of this section at the same location 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 alternative nicotine products for a period of one year.
F. 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.
G. 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 products 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 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 products or shisha.
H. For the purposes of this section:
1. "Alternative nicotine product" has the same meaning prescribed in section 4-101.
2. "Nicotine" has the same meaning prescribed in section 4-101.
3. "Shisha" includes any mixture of tobacco leaf and honey, molasses or dried fruit or any other sweetener.
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.