Can You Vape in Arizona? The Short Answer
Yes, and Arizona is one of the more permissive states for vapers, but it's tightening fast. Here's where things stand:
- No state vape excise tax - One of few states with zero vape-specific tax
- No statewide indoor vaping ban - Smoke-Free Arizona Act doesn't cover vaping
- No statewide flavor ban - All flavors legal statewide
- Vapor product directory - Products need FDA authorization to be sold (since late 2025)
- 21+ with military exception - Active duty 18-20 can purchase with military ID
- No product directory issues yet - Recently transferred to DLLC for management
- AG cracking down - $460,000 judgment against a vape retailer in 2026
Arizona sits on the permissive end of the spectrum: no vape tax, no indoor ban, no flavor ban. But the new product directory and Tobacco 21 law signal a shift toward tighter regulation. See our states banning vapes guide for a full comparison.
Arizona's Vaping Laws: The Legal Framework
Arizona's vaping regulations changed significantly in 2024-2025, with three major pieces of legislation reshaping the rules.
Key Legislation
| Law | Year | Effect |
|---|---|---|
| Smoke-Free Arizona Act (Proposition 201) | 2006 | Indoor smoking ban (does NOT cover vaping) |
| HB2636 | 2020 | Brought vapor products under age-related sales laws |
| HB2630 | 2023 | Broadened vapor product definition, retailer registration with DOR |
| SB1212 | 2024 | Created vapor product directory under Attorney General |
| SB1247 | 2025 | Raised age to 21 with military exemption (eff. Sept 26, 2025) |
| SB1603 | 2025 | Transferred directory to DLLC, strengthened enforcement (eff. Dec 1, 2025) |
| HB2778 | 2025 | Proposed vape excise tax (died in committee) |
Regulatory Bodies
- Attorney General's Office (Tobacco Enforcement Unit) - Primary enforcement, compliance checks, consumer fraud cases
- Department of Liquor Licenses and Control (DLLC) - Manages vapor product directory (since Dec 2025)
- Department of Revenue (DOR) - Retailer registration, tax collection
- Department of Health Services (ADHS) - Smoke-Free Arizona Act, complaint handling
- Local law enforcement - Can be designated by AG to enforce vapor product laws
What's Legal vs. Illegal
Legal:
- All vaping devices (if listed in state directory)
- All flavored e-liquids (no state flavor ban)
- All nicotine strengths (no state cap)
- Purchasing at age 21+ (or 18+ with military ID)
- Online purchases with age verification
Illegal:
- Selling vapor products to anyone under 21 (without military exemption)
- Selling products not listed in the state directory
- Selling from vending machines (except in adult-only facilities)
- Underage possession (petty offense)
Arizona's Vapor Product Directory
Arizona created a vapor product directory that's still being established, making this a story to watch.
How It Works
- Manufacturers certify each product with the DLLC (formerly AG's office)
- Products must have FDA marketing authorization or a pending PMTA filed by September 9, 2020
- DLLC publishes a public directory of approved products
- Products not in the directory cannot be sold in Arizona
- Certification due annually by October 1
Timeline
| Date | Event |
|---|---|
| 2024 | SB1212 creates directory under Attorney General |
| August 1, 2024 | Manufacturer certification deadline |
| October 1, 2024 | Directory goes live |
| December 1, 2025 | SB1603 transfers directory to DLLC |
| January 1, 2026 | First annual report to legislature due |
Penalties for Directory Violations
| Violation | Penalty |
|---|---|
| Selling products not in directory | $500/day civil penalty per product |
| False certification | Class 3 misdemeanor per false statement |
What This Means for the Market
Like directories in Virginia, Wisconsin, and North Carolina, Arizona's directory limits the market to products with FDA authorization. Since most FDA-authorized products are tobacco and menthol flavored, the directory creates a de facto restriction on flavored products over time, though the full impact depends on enforcement.
What Can You Buy in Arizona?
Currently Available
Arizona's market is relatively open since the directory is still being populated:
Devices:
- Disposable vapes (brands listed in directory)
- Pod systems (SMOK, Vaporesso, Uwell, etc.)
- Box mod kits
- Rebuildable atomizers
- All-in-one refillable systems
E-Liquids:
- All flavors (no state flavor ban)
- Freebase nicotine (all strengths)
- Nicotine salt (all strengths)
- All bottle sizes
Vending Machine Restrictions
Vape vending machines are restricted to "qualified adult-only facilities" where no person under 21 is permitted.
Expected Prices
| Product | Price Range |
|---|---|
| Disposable vape | $8-$16 |
| Refillable pod system | $22-$40 |
| Box mod kit | $35-$70 |
| 30mL e-liquid | $12-$20 |
| 100mL e-liquid | $16-$26 |
| Nicotine salt 30mL | $12-$22 |
| Replacement coils (5-pack) | $10-$16 |
With no state vape excise tax, Arizona's prices are among the lowest in the country, comparable to Texas and significantly cheaper than high-tax states like Pennsylvania or Colorado.
Where Can You Vape in Arizona?
Arizona's Smoke-Free Arizona Act does NOT cover vapor products at the state level. But local ordinances create a patchwork of rules.
What the State Law Says
The Smoke-Free Arizona Act (A.R.S. Section 36-601.01) defines "smoking" as inhaling, exhaling, or carrying any lighted tobacco product. This combustion-based definition excludes vaping.
Cities with Local Indoor Vaping Bans
| City/County | Restrictions |
|---|---|
| Tempe | Bans vaping in bars, restaurants, and workplaces. Vape shops restricted within 1,000 feet of schools |
| Flagstaff | Bans vaping in all public places (aquariums, elevators, venues, workplaces, sports facilities) |
| Mesa | Bans vaping in all public places where smoking is prohibited |
| Coconino County | Bans vaping where smoking is prohibited |
| Phoenix | Bans vaping in public parks (not all indoor spaces) |
| Clarkdale | Bans vaping where smoking is prohibited |
| Goodyear | Bans vaping where smoking is prohibited |
Where Vaping Is Generally Permitted
- Most indoor public spaces (at the state level, unless local ordinance applies)
- Restaurants and bars (outside Tempe, Flagstaff, Mesa, etc.)
- Hotels (depends on hotel policy)
- Outdoors (generally permitted, except Phoenix parks)
- Private residences and vehicles
Bottom Line for Travelers
Phoenix, Tucson, and most of southern Arizona are relatively permissive at the state level, but always check local rules. If you're visiting Flagstaff, Tempe, or Mesa, assume indoor vaping is restricted.
Penalties for Violating Arizona's Vaping Laws
Underage Sales (A.R.S. Section 13-3622)
| Violation | Classification | Penalty |
|---|---|---|
| Selling/furnishing to under-21 | Class 3 misdemeanor | Up to $500 fine, up to 30 days jail |
| Underage possession | Petty offense | $100 fine or 30 hours community service |
| Using fake ID to purchase | Petty offense | Up to $500 fine |
Vapor Product Directory Violations
| Violation | Penalty |
|---|---|
| Selling unlisted product | $500/day per product |
| False manufacturer certification | Class 3 misdemeanor per statement |
Enforcement Reality
Arizona's enforcement ramped up significantly in 2025, particularly from AG Kris Mayes' office:
- Statewide average failure rate for tobacco compliance checks: approximately 13% since 2016
- July 2025: AG sued two Phoenix-area smoke shops for persistently selling vapes to minors through undercover operations
- January 2026: $460,000 judgment against Pro Source Vapes LLC (Scottsdale/Glendale), required to implement electronic ID scanners, hire only 21+ employees, and adopt strict age-verification policies
- November 2025: AG joined 25-state coalition demanding Shopify crack down on online vape sales to minors
- Enforcement agencies conduct unannounced compliance checks during business hours with mandatory follow-up within 30 days
Taxes and Costs
Tax Breakdown
| Tax | Rate |
|---|---|
| State vape excise tax | None |
| State Transaction Privilege Tax (sales tax) | 5.6% |
| City/county sales tax | 1%-3% additional (varies) |
| Total | ~6.6%-8.6% sales tax only |
Arizona is one of the cheapest states for vaping thanks to the absence of a vape-specific excise tax. The 2025 attempt to add one (HB2778) died in committee.
Arizona vs. Other Southwest States
| State | Flavor Ban | Directory | Indoor Ban | Vape Tax | Age | Military Exception |
|---|---|---|---|---|---|---|
| Arizona | No | Yes (DLLC) | No statewide | None | 21 | Yes (18+) |
| California | Statewide | No | Yes (statewide) | 12.5% retail | 21 | No |
| Nevada | No | No | No statewide | 30% wholesale | 21 | No |
| New Mexico | No | No | Yes (statewide) | $0.50/mL | 21 | No |
| Texas | No | No | No statewide | None | 21 | No |
Arizona and Texas are the two major no-tax, no-indoor-ban states, though Arizona's new product directory distinguishes it.
Nicotine Alternatives
When you can't vape (in Tempe bars, Flagstaff public places, Phoenix parks, or anywhere local rules restrict it), these alternatives work:
- Nicotine pouches (ZYN, Rogue, On!) - Legal everywhere, no restrictions
- Nicotine gum - Available at pharmacies and convenience stores
- Nicotine lozenges - Discreet option for any setting
- Nicotine patches - Long-lasting, no visible use
Arizona Vaping Laws: Key Takeaways
- No state vape excise tax - Arizona is one of the cheapest states for vaping, subject only to standard sales tax
- No statewide indoor vaping ban - The Smoke-Free Arizona Act doesn't cover vapor products
- No statewide flavor ban - All flavored vaping products remain legal at the state level
- Vapor product directory launched - Products must have FDA authorization to be sold, managed by DLLC since December 2025
- 21+ age requirement with military exception - Active duty 18-20 can purchase with valid military ID (SB1247, effective September 2025)
- Local city bans vary widely - Tempe, Flagstaff, and Mesa ban indoor vaping; Phoenix bans vaping in parks
- AG enforcement intensifying - $460,000 judgment against a retailer, undercover operations targeting underage sales
- Vape tax attempt failed - HB2778 died in committee in 2025
- Directory may restrict flavors indirectly - Since most FDA-authorized products are tobacco/menthol, the directory limits flavored options over time
- State preemption is limited - Cities can and do enact their own stricter vaping ordinances
References
- A.R.S. Section 13-3622 -- Furnishing Vapor Products to Underage Persons
- A.R.S. Section 36-601.01 -- Smoke-Free Arizona Act
- Arizona Attorney General -- Tobacco Enforcement
If you're flying into Arizona, check our guide on traveling with your vape for airport rules and packing tips.
Looking for vaping laws in other states or countries? Check our complete vaping laws guide for more destinations.
