Arizona Vaping Laws
Vaping, otherwise known as using electronic cigarettes, is not illegal in the state of Arizona as long as those partaking are at least 18 years old and it does not occur in undesignated areas. However, each city or municipality in Arizona has set their own ordinances regarding the use of e-cigarettes.
According to A.R.S. 13-3622, e-cigarettes, or other types of vaping products, are prohibited from being provided to minors (those under 18 years of age). Specifically, “vapor products” are defined as any “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.”
Per this statute, minors who buy, possess, knowingly accept, or receive a vapor product are guilty of a petty offense and will be required to pay a fine of not less than $100 and perform not less than 30 hours of community restitution.
As of 2023, there is pending legislation to raise the federal minimum age for the sale of tobacco products, including vapor products, to age 21. According to the Maricopa County Attorney’s Office, the State of Arizona does not intend to amend current state law to raise the minimum age until the Food and Drug Administration issues this federal rule change. However, some cities within Arizona have already raised the minimum age to 21 within their municipal codes.
Anyone using vapor products should be aware of the local ordinances regarding these products within the city or municipality in which they are vaping. General examples include:
Mesa
Mesa’s city code prohibits smoking and vaping in public gathering places, except for designated bar areas. Additionally, all places of employment must contain the minimum vaping policies:
- Workplace areas must be vapor-free and smoke-free.
- Smoking and vaping are prohibited in common employee areas, such as auditoriums, kitchens, and conference rooms.
- Designated vaping areas must be separate from common areas and well-ventilated, but such areas are not required to be provided.
- Vaping is permitted in private residences, designated hotel rooms, private clubs, tobacco/vaping shops, and private meeting function areas.
Violators will be cited for a petty offense and can be fined up to $1500 for the first offense. After the third offense, violators will be charged with a class 1 misdemeanor and face up to 6 months of incarceration.
Tempe
Tempe’s city code includes vapor products within its general smoking laws and prohibits it on any public or private property, vehicle, and work areas that are owned, leased, or operated by the City of Tempe. It is additionally prohibited in enclosed public places or places of employment unless they are outdoor designated smoking areas. All smoking is prohibited in Tempe Diablo Stadium.
In late 2023, Tempe enacted a new policy to raise the tobacco purchasing age to 21.
Smoking and vaping are allowed in private residences, designated hotel rooms, tobacco/smoking retail stores, when used for stage productions, and areas set for private gatherings.
Violators can be fined $100 for the first offense and up to $2500 if more than three offenses occur within one year.
Chandler
Chandler’s city code specifically prohibits electronic cigarette use in City buildings and on the exterior campus of City Hall.
Violators will face a civil offense and can be fined $50 or up to $400 for third or more offenses within one year.
Flagstaff
Flagstaff’s city code prohibits electronic cigarettes in all public places within the City of Flagstaff, citing examples such as aquariums, elevators, performance venues, employment locations, and sports facilities. They are also prohibited within a reasonable distance outside an opening to an enclosed area where smoking and vaping are prohibited.
Vaping is not regulated in private residences, hotel rooms, some outdoor places of employment, areas of Native American/religious ceremony, for use in stage productions, smoking research sites, private clubs, and designated nursing homes/care facilities.
Violators can be fined $50.
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