House Engrossed Senate Bill
Arizona teachers academy; community colleges
(now: tobacco use; sale; minimum age)
State of Arizona
Senate
Fifty-seventh Legislature
First Regular Session
2025
CHAPTER 228
SENATE BILL 1247
AN ACT
(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:
START_STATUTE13-3622. Furnishing of tobacco product, vapor product or tobacco or shisha instruments or paraphernalia to underage person; underage person 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 ingesting tobacco or shisha, including a hookah or waterpipe, to a minor 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 minor person who is under twenty-one years of age and who buys, or has in his the person's 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 ingesting 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 ingesting tobacco or shisha, shall pay a fine of not less than one hundred dollars at least $100 or perform not less than at least thirty hours of community restitution.
C. A minor person who is under twenty-one years of age who misrepresents the minor's person's age to any 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, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of ingesting 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 $500.
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 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 the smoking or ingestion of ingesting tobacco or shisha, including a hookah or waterpipe, that is given to or possessed by a minor 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 minor person who is under twenty-one years of age 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":
(a) 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
(b) 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. END_STATUTE
Sec. 2. Section 36-798.01, Arizona Revised Statutes, is amended to read:
START_STATUTE36-798.01. Selling or giving beedies or bidis; violation; classification
A. It is unlawful for a retail tobacco vendor to sell, furnish, give or provide beedies or bidis to a minor person who is under twenty-one years of age in this state.
B. Any person who violates this section is guilty of a class 3 misdemeanor. END_STATUTE
Sec. 3. Section 36-798.02, Arizona Revised Statutes, is amended to read:
START_STATUTE36-798.02. Vending machine sales of tobacco and tobacco products; signage; violation; classification
A. A person shall not sell tobacco products through a vending machine unless the vending machine is located in either:
1. A bar.
2. An employee lounge area that is not open to the public and the business in which the lounge area is located does not employ minors.
B. A sign measuring at least eighty square inches shall be obviously affixed to the front of each vending machine. The sign shall state in block letters, that it is illegal for a minor person who is under twenty-one years of age to purchase cigarettes or tobacco products and, upon on conviction, a fine of up to three hundred dollars $300 may be imposed.
C. This article does not invalidate an ordinance of or prohibit the adoption of an ordinance by a county, city or town to further restrict the location of vending machines or specify different wording for the vending machines machine signs as required by subsection B of this section.
D. A person who violates this section is guilty of a petty offense. END_STATUTE
Sec. 4. Title 36, chapter 6, article 14, Arizona Revised Statutes, is amended by adding section 36-798.07, to read:
START_STATUTE36-798.07. Possessing, accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; active military personnel under twenty-one years of age
A. A person who is at least eighteen years of age may possess, accept, receive or use a tobacco 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, 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. END_STATUTE
APPROVED BY THE GOVERNOR JUNE 27, 2025.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 27, 2025.