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HB2393 - 572R - I Ver
REFERENCE TITLE:
alternative products; furnishing underage persons
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2393
Introduced by
Representatives
Biasiucci: Aguilar, Carter P, Diaz, Gillette, Hernandez A, Hernandez C,
Liguori, Nguyen, Pe�a, Travers, Tsosie, Villegas, Volk, Willoughby, Wilmeth;�
Senator Angius
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:
START_STATUTE
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.
END_STATUTE
Sec. 2. Section 36-798.07, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE