Vape pens have become a popular alternative to smoking cigarettes, often marketed as a healthier option. However, recent reports about respiratory illnesses linked to vaping have raised concerns about its safety.
While the health risks of vaping are still being debated, it’s essential to be aware of the laws surrounding vaping, especially when it comes to using vape pens in Arizona.
One question that often comes up is whether it’s illegal to vape and drive in the state. Let’s dive into what Arizona law says about vaping and driving.
Is Vaping Illegal in Arizona?
As of 2025, vaping is not illegal in Arizona, but there are some important restrictions you should be aware of. The state has regulations on where you can vape and how old you have to be to legally purchase e-cigarettes.
In June 2020, the City of Mesa added vaping to its existing no-smoking laws, banning the use of e-cigarettes in public places. Similarly, Tempe banned vaping in bars, restaurants, and enclosed workplaces. The city is also considering a complete ban on flavored tobacco and nicotine products.
Other cities like Chandler and Gilbert also have regulations that limit where you can vape, especially in public places and places of employment.
The city of Phoenix has considered a ban on flavored tobacco products, including vaping products, as of January 2021. These local laws may affect your ability to vape in public spaces, so it’s important to know the regulations in your area.
Can You Vape and Drive in Arizona?
In Arizona, there isn’t a law that explicitly bans vaping while driving. However, it’s crucial to remember that vaping could lead to distracted driving if it interferes with your ability to operate your vehicle safely.
For instance, if you’re trying to refill your vape pen or if the vapor clouds obstruct your vision, you could be seen as driving under distracted conditions.
Arizona has laws that prohibit distracted driving, and any activity that impairs your ability to safely drive could result in fines or other legal consequences. While vaping itself isn’t illegal, using a vape pen in a way that distracts you from driving could lead to trouble.
Arizona’s Vaping Laws in 2025
Vaping Taxes and Restrictions
As of now, there is no special tax on e-cigarettes in Arizona. However, SB1517, a bill proposed in 2020, aimed to impose a 95% luxury tax on the wholesale cost of vapor products. This tax would have been targeted at making e-cigarettes less accessible, especially to children.
Legal Age for Purchasing E-Cigarettes
The legal age to purchase e-cigarettes has been raised to 21 years old due to a federal law passed on December 20, 2019. While the state of Arizona was moving towards this change, the federal government enacted it sooner.
However, the enforcement of this law has been inconsistent across Arizona, with some cities such as Flagstaff, Goodyear, and Tucson already implementing the age limit. In other parts of Arizona, like Phoenix, the legal age to buy e-cigarettes may still be 18.
Flavored E-Cigarettes and Cartridges
There have been discussions about banning flavored e-cigarettes to prevent underage usage, but the federal government has not followed through with a complete ban. Menthol and flavored e-liquid cartridges are still available for purchase in Arizona.
ARS 13-3622: Illegal Sale and Use of E-Cigarettes
Arizona’s ARS 13-3622 statute covers the illegal sale and use of tobacco products, including e-cigarettes. This law regulates who can sell and use these products, and it imposes penalties for those who violate the age restrictions or sell to minors.
Vaping while driving in Arizona is not specifically illegal, but it could result in legal issues if it leads to distracted driving. As with any other activity that could impair your ability to operate a vehicle, you should always prioritize safety.
Additionally, while vaping is legal in Arizona, it is subject to local restrictions in various cities, and you must adhere to age requirements and regulations about flavored cartridges. Stay informed about the laws in your area to avoid potential fines or legal problems.
