Outline of the state of Arkansas
State
Arkansas
Addressed

Category
Tobacco Free Environments —Vaping

Category
Tobacco Free Environments —Vaping

State law, regulation, or district policy addresses vaping or electronic cigarette use.

Arkansas Code 26-57-254. Safety inspections on permitted products — Restrictions on use of e-liquid products and alternative nicotine products — Definitions.

(a)

  • (1) As used in this section, “minor” means a person who is under twenty-one (21) years of age.
  • (2) “Minor” does not include a person who:
    • (A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or
    • (B) Has attained nineteen (19) years of age as of December 31, 2019. (b) A cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product found in the possession of a minor may be confiscated by a certified law enforcement officer or a school official and immediately destroyed. (c) If a minor who is found by a court to be in violation of a criminal Statuteis also found to have been in possession of a cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product at the time of the violation of the criminal statute, the court may order the minor to perform up to three (3) hours of community service and to enroll in a tobacco education program, in addition to any other punishment imposed by the court for the violation of the criminal statute. (d)
  • (1) Any additional punishment ordered by the court under subsection (c) of this section is not a criminal offense and shall not be recorded as a criminal offense in the records of this state.
  • (2) All records of a proceeding under this section shall be permanently expunged from any record created or maintained by any agency, department, county, or municipality.
Policy Type
Statute

Arkansas Code 26-57-256. Arkansas Tobacco Control — Powers.

(b)

  • (1) It is a violation for any person to use a tobacco product, vapor product, alternative nicotine product, or e-liquid product in or on the grounds of any school, childcare facility, or healthcare facility.
  • (2) As used in subdivision (b)(1) of this section:
    • (A) “Childcare facility” means the same as provided in § 20-78-202(2);
    • (B) “Healthcare facility” means the same as provided in § 20-27-1803(6); and
    • (C) “School” means:
      • (i) Any buildings, parking lots, playing fields, playgrounds, school buses, or other school vehicles; or
      • (ii) Any off-campus school-sponsored or school-sanctioned events with respect to any public, charter, or private school where children attend classes in kindergarten programs or grades one through twelve (1-12).
Policy Type
Statute

Arkansas Code 5-78-102. Possession of cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product by minor — Confiscation — Additional punishment.

(b) Any tobacco products, vapor products, alternative nicotine products, e-liquid products, or cigarette papers found in the possession of a minor may be confiscated and destroyed.

Policy Type
Statute

Arkansas Code 6-21-609. Prohibition against smoking, the use of tobacco or tobacco products, or the use of e-cigarettes

(a)

  • (1) As used in this section, “minor” means a person who is under twenty-one (21) years of age.
  • (2) “Minor” does not include a person who:
    • (A) Is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces; or
    • (B) Has attained nineteen (19) years of age as of December 31, 2019. (b) A cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product found in the possession of a minor may be confiscated by a certified law enforcement officer or a school official and immediately destroyed. (c) If a minor who is found by a court to be in violation of a criminal Statuteis also found to have been in possession of a cigarette or tobacco product, vapor product, alternative nicotine product, or e-liquid product at the time of the violation of the criminal statute, the court may order the minor to perform up to three (3) hours of community service and to enroll in a tobacco education program, in addition to any other punishment imposed by the court for the violation of the criminal statute. (d)
  • (1) Any additional punishment ordered by the court under subsection (c) of this section is not a criminal offense and shall not be recorded as a criminal offense in the records of this state.
  • (2) All records of a proceeding under this section shall be permanently expunged from any record created or maintained by any agency, department, county, or municipality.
Policy Type
Statute