Now that marijuana is legal in Arizona, our state`s smoking laws apply to both marijuana and tobacco. And since the minimum age to smoke at the federal level was raised to 21 in 2019, it`s illegal to sell tobacco or marijuana to people under 21 in Arizona. The first time you are publicly cited for smoking marijuana, you will be charged with a minor offence. The penalty for committing a minor offence is a fine. The fine for a minor offence is capped at $300. `workplaces` means an enclosed space under the control of a public or private employer that workers normally visit during the period of employment, including office buildings, work areas, lecture halls, workers` lounges, washrooms, conference rooms, meeting rooms, classrooms, cafeterias, corridors, stairs, elevators, health facilities, private offices and vehicles owned and operated by the employer; during working hours, if the vehicle is occupied by more than one person. A private residence is not a “workplace” unless it is used as a daycare, adult daycare or health care facility. [iii] However, the owner, operator, manager or other natural or legal person who controls a facility, facility or outdoor space may declare the entire site as a smoke-free area. [viii] If an employee is caught, he or she can argue that he or she did not smoke marijuana in the office. You can argue that marijuana use in the parking lot or shared bathroom is not synonymous with smoking marijuana in the workplace. A “no smoking” sign or the international “no smoking” symbol should be clearly and prominently displayed by the owner, operator, manager or other person controlling the marking location of no-smoking areas where smoking is prohibited and where complaints of violations can be recorded. These signs must be placed at the entrance to the building or structure. The person responsible for the site must also remove all ashtrays from all areas where smoking is prohibited.
[ix] Arizona`s smoke-free law does not apply to the use of e-cigarettes. However, some cities have banned vaping in some places. For example, Phoenix has banned smoking and vaping in public parks. The city of Mesa also recently banned vaping in all public places. The owner, manager, operator or employee of a place where smoking is regulated should inform the person who smokes in such a place that smoking is prohibited and ask them to stop smoking immediately. [iv] Driving under the influence of marijuana is prohibited in the state of Arizona, but what about smoking marijuana in your car? Is it illegal even if you don`t intend to drive? Offenders may also consider a possible jail sentence after being caught using marijuana in public more than once. The maximum prison sentence for this violation is 30 days. However, partnering with an experienced lawyer could help you reduce this penalty. According to the law, vehicles can be considered workplaces if they are “owned and operated by the employer during working hours, when the vehicle is occupied by more than one person.” For example, a “non-smoking” sign must be installed in all company-owned vehicles and smoking is prohibited in a company-owned vehicle if it is used for commercial purposes and occupied by more than one person.
While the law and regulations do not provide further guidance, they appear to imply: (1) that employers may prohibit smoking in all company-owned vehicles at any time; (2) Workers who use their own vehicle while working may smoke in the vehicle, regardless of the number of persons in the vehicle, unless the employer prohibits smoking when other workers are passengers; 3. An employee who drives alone in a vehicle belonging to the company may smoke there if the employer allows smoking in his vehicles; and (4) an employee may smoke in a company-owned vehicle, including with passengers, if the employee is not working, such as if the employee is permitted to take a vehicle home in the evenings or on weekends, unless the employer completely prohibits smoking in company-owned vehicles. The Director of the Ministry of Health may send a notice to the offender containing the proposed amount of the civil penalty. The offender may appeal by requesting a hearing. In this case, the Director shall not carry out the assessment until the consultation procedure has been completed.