Arizona Smoking Laws
Although smoking has become less popular over the years, there are still many restrictions on smoking tobacco products in Arizona. These restrictions also apply to marijuana, which recently became legal in our state. As criminal defense experts, we’re here to help you understand your rights when it comes to smoking in Arizona. Continue reading to learn more about Arizona’s smoking laws so you can avoid violating them unknowingly.
What Are Arizona’s Smoking Laws?
Under the Smoke-Free Arizona law, smoking is prohibited in bars, restaurants, and all other enclosed public places. It is also illegal to smoke in your place of employment. However, there are some exceptions to this law.
Now that marijuana is legal in Arizona, our state’s smoking laws apply to both marijuana and tobacco. And, because the federal minimum smoking age was raised to 21 in 2019, it is illegal to sell tobacco or marijuana to anyone under the age of 21 in Arizona.
Places and situations that are exempt from the Smoke-Free Arizona law include:
- Your private residence (unless the residence is a licensed child care, health care facility, or adult daycare)
- Hotel and motel rooms that have been designated as smoking rooms (it is illegal to smoke in a designated smoke-free room)
- Retail tobacco stores and marijuana dispensaries that are physically separated from other locations where smoking is prohibited—for instance, it is illegal to smoke inside a retail tobacco store located in a shopping mall
- Veterans and fraternal clubs, but only if they are not open to the public at the time
- Outdoor patios, but only if the smoke cannot pass through windows, ventilation, doors, etc., into a location where smoking is prohibited
- Theater performances or film and television productions that require smoking as part of the performance/production
- Smoking that is associated with practicing a religious ceremony in accordance with the American Indian religious freedom act of 1978
Arizona Law on Smoking Near Buildings
Just because you are smoking outside of a public, enclosed place or workplace doesn’t necessarily mean it is legal. Arizona law also prohibits smoking within twenty feet of a building’s doors, open windows, and ventilation systems. When smoking anywhere outdoors, the smoke should not be able to enter any area where smoking is illegal.
In order for business owners to comply with the Smoke-Free Arizona law, they must:
- Have any outdoor ashtrays placed at least twenty feet away from the entrance
- Not have any ashtrays placed indoors
- Post “No Smoking” signs at every entrance
- Prohibit employees, customers, and anyone else from smoking indoors and within twenty feet of the entrance
- Politely tell anyone violating the law at their establishment to stop or to go outside and smoke at least twenty feet away from the entrance
What Are the Penalties for Violating Smoking Laws in Arizona?
According to the Smoke-Free Arizona law, anyone may report a violation to the Department of Health Services. If you violate the smoking law, you will receive a warning notice and can be fined anywhere between $100 and $500 for each violation.
When the department suspects there has been a violation of the law in a public place or at a place of employment, they can legally enter the property to determine compliance. If a public place serves food or alcohol, the department can legally enter the property to determine compliance at any time.
Do Arizona Smoking Laws Apply to Vaping?
The Smoke-Free Arizona law does not apply to the use of e-cigarettes. However, some cities have banned vaping in certain places. For example, Phoenix has banned all smoking and vaping in public parks. The city of Mesa also recently banned vaping in all public places.
Arizona Drug Defense Lawyer in Scottsdale
If you’re facing a smoking-related charge in Arizona, you’ll need an expert defense lawyer by your side. Whether it’s for tobacco, marijuana, vaping, or another drug offense, the team at Van Norman Law can help. We have experience defending hundreds of criminal cases and will help ensure your case receives the best outcome. Call 480-481-0616 today to schedule a free consultation.
Images used under creative commons license – commercial use (5/24/2022). Photo by Lê Tit on Unsplash