Arizona 2022 2022 Regular Session

Arizona House Bill HB2746 Comm Sub / Analysis

Filed 02/24/2022

                      	HB 2746 
Initials LC/DG 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
House: JUD DP 9-1-0-0 
 
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) 
 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note