2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3622 - Furnishing of tobacco product, vapor product or tobacco or shisha instruments or paraphernalia to minor; minor 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

13-3622.
Furnishing of tobacco product,  vapor product or tobacco or shisha instruments or paraphernalia to minor;  minor 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 tobacco or shisha,  including a hookah or waterpipe,  to a minor is guilty of a petty offense.
B. A minor who buys,  or has in his 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 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 tobacco or shisha,  shall pay a fine of not less than one hundred dollars or perform not less than thirty hours of community restitution.
C. A minor who misrepresents the minor's age to any person by means of a written instrument of identification with the intent to induce the 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 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.
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 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 tobacco or shisha,  including a hookah or waterpipe,  that is given to or possessed by a minor if the instrument or paraphernalia was a gift or souvenir and is not used or intended to be used by the minor 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"  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 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.