Chandler Republican Leads Push as Arizona Vape Regulation Bill Heads to House for Final Vote

Chandler lawmaker says Arizona is a decade late on vape rules

Rep. Jeff Weninger, R-Chandler, called Arizona's failure to regulate vapes a decade-long neglect as a bipartisan Senate passed new restrictions on alternative nicotine products last week.

The Arizona Senate approved House Bill 4001 on May 26 by a 24-2 vote. The measure now returns to the House for final approval before heading to Gov. Katie Hobbs for signature or veto, according to the Arizona Capitol Times.

Weninger spoke on the House floor about the urgency of the legislation.

"The status quo is kids are in the high school bathrooms vaping and smoking," Weninger said.

Senate amendment wins over supermajority

The bill gained broader support after a significant rewrite. Sen. Shawnna Bolick, R-Phoenix, said lawmakers added a near 40-page amendment that clarified the role of the Arizona Department of Liquor Licenses and Control in enforcing the new rules.

That amendment gave the department authority to inspect distributor and manufacturing facilities and to address violations, according to the Capitol Times.

The bill establishes a tiered penalty system for businesses that sell alternative nicotine products to anyone under 21:

• First violation: A fine of at least $500 and a court-approved tobacco-retailer educational course
• Fourth subsequent violation: A $10,000 fine and a one-year license suspension

Democrats split on whether bill goes far enough

Two Democrats were the only senators to vote against the measure: Sen. Mitzi Epstein, D-Tempe, and Sen. Theresa Hatathlie, D-Tuba City.

Epstein argued the bill allows the tobacco industry to self-regulate.

"This bill is allowing big tobacco to try to regulate themselves," Epstein said. "It is not nearly the solution that we need."

She said she wants alternative nicotine products to receive the same regulation as traditional tobacco products, including a unified retail license covering all nicotine products.

Senate Minority Leader Priya Sundareshan, D-Tucson, said she supported the bill as a step forward but wants to see stronger measures later.

"It is a step forward in the right direction," Sundareshan said. "I will continue to watch to make sure that we are able to include further steps to make sure that it is an effective measure."

First Things First funding gap looms

The bill does not include a tax on vape products. Some Democrats had pushed for a vape tax to restore funding to First Things First, the state's early childhood education program.

First Things First was established by voters in 2006 through Proposition 203, which approved an 80-cent-per-pack tax on tobacco products. The program received about $165 million annually from that revenue source. That number has since fallen to around $90 million, according to the Capitol Times.

Vapes currently do not contribute to First Things First funding. Rebecca Gau, director of the advocacy organization Stand for Children, said the revenue loss is significant.

"The nicotine delivery system is no longer tobacco. It's the vape product, and with the legalization of marijuana, there's a whole other product that people are substituting," Gau said.

Weninger said earlier in the legislative session that adding a tax would be a "poison pill" that could kill the entire bill.

What happens next

The measure must return to the Arizona House for final approval. Only a handful of House Democrats joined Republicans to pass an earlier version of the bill in March, according to the Capitol Times. Rep. Cesar Aguilar, D-Phoenix, said at that time that the $10,000 maximum fine was insufficient and might be viewed by companies as "the cost of doing business."

If the House approves the current version, the bill will go to Gov. Hobbs' desk for a decision.