ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	House: JUD DP 9-1-0-0

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HB2746: tobacco use; minimum age; sale

Sponsor: Representative Blackman, LD 6

House Engrossed

Overview

Increases the minimum age an individual can purchase tobacco products from 18 to 21 years old.

History

An individual who knowingly sells tobacco products to a minor is guilty of a petty offense. A minor in possession of tobacco products is guilty of a petty offense. A minor found to be in possession of tobacco products is required to pay a fine of $100 or more or perform 30 hours of community restitution or more. A minor who misrepresents their age to induce an individual to sell tobacco products is guilty of a petty offense (A.R.S. § 13-3622).

Tobacco use and limitations do not apply to tobacco products used in connection with a religious exercise or instruments gifted to a minor and not intended to be used (A.R.S. § 13-3622).

The sale of beedies to a minor is illegal. An individual selling beedies to a minor is guilty of a class 3 misdemeanor (A.R.S. § 36-798.01).

Vending machines that sell tobacco products must have a sign stating that it is illegal for a minor to purchase tobacco products. In addition, the sign must state that a violation results in a fine of up to $300 (A.R.S. § 36-798.02).

Tobacco product means any of the following:

1) Cigars;

2) Cigarettes;

3) Cigarette papers;

4) Smoking tobacco; and

5) Chewing tobacco (A.R.S. § 13-3622).

Minor means an individual under the age of 18 (A.R.S. § 36-798).  

Provisions

1. Changes the minimum age an individual can purchase tobacco products from 18 to 21 years of age. (Sec. 1, 3, 4)

2. Removes the monetary fine or community supervision that a minor in possession of tobacco products must pay or serve. (Sec. 1)

3. Establishes a penalty for an individual under 21 years of age found to be purchasing or in possession of tobacco products. (Sec. 1)

4. Strikes the definition of minor. (Sec. 2)

5. Makes technical and conforming changes. (Sec. 1, 2, 4)

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                        HB 2746

Initials LC/DG Page 0 House Engrossed

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