Driving laws in the United States vary by state. Although most drivers are aware that it’s illegal to drive under the influence of alcohol or drugs, they may not have clear information about the laws applicable to smoking while driving. In each state, the legal boundaries regarding smoking of tobacco, marijuana, or other substances while driving are much more nuanced.
If you are concerned about whether it’s legal to smoke and drive in Arizona, this guide will provide you with insights into the state’s legal position on smoking while driving.
Are You Allowed to Smoke Tobacco While Driving?
Is It Legal in Arizona?
Under Arizona laws, you are generally permitted to smoke tobacco while driving. There is no law at present in the state that outrightly prohibits drivers from smoking cigarettes, cigars, or pipes while operating a vehicle. In other words, drivers as well as passengers in Arizona are allowed to smoke traditional tobacco products while traveling.
Importantly, while there is no statute prohibiting this activity, drivers should know of certain legal caveats and potential consequences of smoking while driving.
Smoking and Child Passenger Protection
When children are present in a vehicle, certain legal considerations must be taken into account if you intend to smoke tobacco while driving. According to Arizona Revised Statutes (ARS) § 36-601.01, smoking tobacco is banned in certain public areas and places of employment. The intent is to protect others from the hazards of second-hand smoke.
This statute, however, does not apply to private vehicles in Arizona. It means the state doesn’t have a law prohibiting drivers from smoking tobacco in a vehicle in the presence of child passengers. Arizona law is divergent from the law in some other states on this issue of smoking in a vehicle when a minor is present inside.
Littering While Smoking
While you are legally permitted to smoke tobacco in your vehicle in Arizona, the state law places restrictions on how you discard smoking materials from your car. Under the state’s Criminal Littering and Polluting statute ARS § 13-1603, it’s illegal to deposit or throw litter on private/public property, including roads and highways.
In particular, disposing of cigarette butts and other smoking materials from the window of your vehicle comes under this prohibition. You could face criminal charges if you violate this law. Depending on the circumstances, statute violations in this case could vary from a Class 1 misdemeanor charge to more serious charges.
Notably, considering the dry climate in Arizona, discarding smoking materials from a vehicle also increases the risk of wildfires, which could have additional legal consequences.
Risks of Distracted Driving
Although smoking while driving is not banned in Arizona, the state laws on distracted driving behavior may implicate smokers in certain ways. ARS § 28-914, which covers distracted driving violations, prohibits the use of handheld electronic devices while you operate a vehicle. However, smoking activity is not addressed under this statute.
Notably, ARS § 28-701(A) specifically requires drivers in Arizona to operate the vehicle safely and prudently according to the prevailing road and weather conditions. If a police officer finds that your act of smoking while driving hampers your ability to drive safely, they could cite you under this law for unsafe driving.
These citations could lead to monetary fines and points on your license, and may also adversely affect your insurance premiums. In more extreme situations, where smoking while driving causes an accident and injury to another person, you could face more serious charges of criminal recklessness while driving.
Is It Legal to Smoke Marijuana While Driving?
Marijuana Legalization in Arizona
The people of Arizona approved the Smart and Safe Arizona Act (Proposition 207) in 2020, which legalized the recreational use of marijuana for adults who are at least 21 years of age. Moreover, medical marijuana was legalized already in 2010 in Arizona under the Medical Marijuana Act.
Importantly, irrespective of this legalization of marijuana, Arizona continues to prohibit drivers from smoking or otherwise consuming marijuana while operating a vehicle.
DUI Laws in Arizona
Arizona has some of the most stringent laws against driving under the influence (DUI) in the country. According to ARS § 28-1381, it’s unlawful for any individual to driver or be in actual physical control of a motor vehicle while they are:
- Impaired even to the slightest extent due to alcohol, drugs, or a combination of the two
- Having any amount of a drug (including marijuana) as defined under ARS § 13-3401 or its metabolites in their body
In other words, under the DUI laws in Arizona, marijuana is considered an impairing drug, no matter whether you consumed it for medical or recreational purposes. The state does not provide immunity from DUI charges to patients who may have smoked medical marijuana and are found to be impaired while driving.
Marijuana Open Container Provisions
Under Arizona’s “open container” law ARS § 36-2853, clear guidelines have been established for the use and transport of marijuana in motor vehicles as follows:
- Both drivers and passengers are prohibited from smoking or otherwise consuming marijuana while they are inside a vehicle.
- An open marijuana container, including opened packaging or a partially used product, should only be stored in the trunk of the vehicle or another location that is inaccessible to passengers.
Any violation of this statute may lead to criminal charges and penalties in Arizona.
Is “Smoking” Considered Consumption?
Under the law in Arizona, marijuana “consumption” includes the acts of smoking, vaping, or any other mode of ingestion. In other words, the law is clear that smoking marijuana inside a motor vehicle in the state is a violation of the DUI laws as well as open container laws.
Marijuana DUI Penalties
Arizona imposes severe penalties for marijuana related DUI offenses as follows:
- Class 1 misdemeanor charges for first-time offenders, which may include penalties such as imprisonment up to six months, a fine of up to $2,500, driver’s license suspension, community service, and mandatory substance abuse counseling.
- Enhanced penalties for subsequent offenses or violations involving aggravating circumstances, such as the presence of children in the vehicle or a high level of impairment. Penalties in these cases may include longer prison terms, larger fines, and mandatory installation of an ignition interlock device.
It’s important to remember that even a low THC level found in the blood can lead to DUI charges in Arizona if law enforcement manages to prove impairment through additional evidence, such as the police officer’s observations, field sobriety tests, and reckless driving behavior.
Implications for Users of Medical Marijuana
Medical marijuana cardholders in Arizona receive certain types of protections, but protection from DUI laws is not one of them. The state Supreme Court in State v. Harris (2019) had ruled that a user of medical marijuana can still face prosecution under DUI laws, if the state proves that the use of marijuana impaired their ability to drive. This law applies irrespective of the defendant’s legal right to use medical marijuana.
Are You Allowed to Smoke CBD or Hemp While Driving?
CBD & Hemp Products: Legal Status
After the passage of the 2018 Farm Bill and additional state laws, cannabidiol or CBD that is derived from hemp containing less than 0.3% THC by dry weight is considered legal in Arizona, as well as at the federal level. In Arizona, these products, ranging from tinctures and oils to smokable hemp and vape products, are widely available.
Can You Legally Smoke Hemp or CBD While Driving?
At present, there is no law in Arizona prohibiting smoking hemp-derived or CBD products while driving. However, drivers should remain cognizant of certain practical considerations.
Potential Law Enforcement Issues
Hemp or CBD products are similar to marijuana in appearance as well as smell. This could make it hard for a police officer to differentiate between the two during a traffic stop.
If a law enforcement officer sees or smells what looks like marijuana being smoked inside a motor vehicle, they may investigate under the presumption that you’re using marijuana while driving. This could lead to:
- Temporary detention
- Vehicle search
- An arrest or citation if marijuana or other prohibited substances are found
Unintended THC Exposure
According to the law, a CBD product must not contain THC over 0.3%. However, sometimes labeling errors, manufacturing flaws, or product contamination may lead to higher THC content than what is permitted. If this happens, you may be in violation of the state’s marijuana laws, even if you didn’t intend it.
On top of it, if a police officer suspects impaired driving and you exhibit signs of intoxication, they may charge you with DUI.
How to Avoid These Consequences
It’s generally prudent to avoid smoking any type of CBD or hemp products in Arizona while driving. In case you are transporting these products, make sure to keep them in their original packaging, and don’t open the container inside the vehicle.
Laws on Smoking Other Substances While Driving
Nicotine-Free Vapes or Herbal Cigarettes
There is no specific law in Arizona prohibiting the use of nicotine-free vapes or herbal cigarettes while driving. You’re legally permitted to use zero-nicotine vape liquids, tobacco-free herbal smoking blends, and other such products inside a motor vehicle. However, if the act of smoking causes distracted driving, you could still receive a citation under the state’s general driving safety laws.
Use of Prescription Drugs
Some drivers may require inhaled medications, such as prescription vape devices or nebulizers, to address health conditions, such as COPD or asthma. Under Arizona law, you are permitted to use legally prescribed medications and inhaled therapies while driving. This is subject to the conditions that:
- A licensed medical practitioner prescribed the medication
- The use of the medication doesn’t impair you to the extent that it affects your ability to drive a vehicle
You should avoid driving if the prescription medication you are taking causes dizziness, drowsiness, or impaired motor function.
Smoking Illegal Drugs
Arizona law strictly prohibits smoking, inhaling, or otherwise consuming illegal drugs. If law enforcement finds you in possession of or smoking illegal drugs in a motor vehicle, you could potentially face:
- DUI charges
- Drug possession charges
- Drug trafficking charges
All these charges lead to severe criminal penalties, including imprisonment and driver’s license suspension. Arizona enforces these laws strictly to deter motorists from committing drug-related driving offenses.
Risks of Distracted Driving and Careless Driving While Smoking
While the law in Arizona allows motorists to smoke tobacco or hemp-derived products while driving, it doesn’t excuse dangerous driving behaviors, such as reckless driving or distracted driving.
Distracted Driving – ARS § 28-914
- Arizona prohibits holding or supporting handheld electronic devices while driving.
- This law, however, does not address the act of smoking while driving.
Careless Driving – ARS § 28-701
Law enforcement officers in Arizona can issue citations to drivers who indulge in “unsafe or unreasonable” driving behaviors. This may include actions, such as getting distracted while driving due to lighting a cigarette or dropping ash.
Reckless Driving – ARS § 28-693
In extreme situations, smoking while driving may lead to dangerous driving maneuvers. In these cases, the charge of reckless driving, which is a Class 2 misdemeanor, may apply in Arizona.
Special Restrictions for Commercial Vehicle Drivers
Truck and other commercial motor vehicle drivers in Arizona are required to follow the federal and state regulations, including:
Federal Motor Carrier Safety Regulations (FMCSR) Rules
- Both medical and recreational use of marijuana is strictly prohibited for CMV drivers. This includes off-duty use because it violates DOT drug testing standards.
- Neither federal nor state laws prohibit tobacco smoking while driving, but any unsafe driving behavior resulting from this act could adversely impact the commercial driver’s license.
- The FMCSA may impose more stringent regulations for commercial drivers who smoke any substance while transporting passengers or hazardous materials.
Get Legal Representation from a Skilled DUI Attorney
Motorists in Arizona should exercise caution before smoking any substance while driving, particularly in the backdrop of laws related to smoking marijuana and CBD. If you or someone you love is facing criminal charges related to smoking while driving, you should get legal representation from an experienced Arizona DUI attorney to strongly defend your rights and freedom.
