Committee advances Martinez amendment to target illicit vape imports; manufacturers and retailers urge changes

Arizona lawmakers adopted a Martinez strike‑everything amendment to HB 27‑65 and sent the bill forward with a due‑pass recommendation after mixed testimony from law enforcement, industry groups and public‑health advocates.

The amendment tasks the Arizona Department of Revenue with creating a vapor product manufacturer license and licensing fund, instructs applicants to file certified product lists and supporting import documentation, establishes penalties for misdeclared products, and gives the Department a public registry to assist law enforcement. Representative Martinez framed the measure as a targeted tool to "stop smuggling" of illegal vape products — particularly misdeclared imports that she said are being diverted into youth‑targeted devices: "Can we see legislature simply saying enough is enough and build a framework to stop smuggling?" she asked the committee.

Supporters of the amendment included law‑enforcement professionals, who argued transparency in supply chains is necessary to trace illicit imports. Justin Harris, a police sergeant and former president of the Arizona Police Association, testified the bill "strengthens visibility into where the products originate" and said lawful commerce benefits from better provenance information. Convenience‑store and retail representatives also supported the measure as a way to level the playing field and protect legitimate businesses.

Opponents — including industry associations representing vape manufacturers and retailers, and groups concerned about economic effects — warned the bill could create onerous paperwork, invite litigation and inadvertently harm lawful local manufacturers. Tom Dorn of the Vapor Technology Association said the proposal risked painting law‑abiding businesses with a broad brush and could lead to litigation; other opponents argued the federal regulatory framework and ongoing FDA review complicate state action.

Committee action: The Martinez amendment was adopted by voice vote and the committee subsequently returned HB 27‑65 as amended with a due‑pass recommendation (recorded 5 ayes, 2 nays, 1 present, 2 absent). Several members said they expect continued stakeholder negotiations to refine enforcement tools, penalties and interactions with federal oversight.

Ending: With the amendment adopted, the bill moves toward the floor with direction to staff and stakeholders to tighten definitions and compliance pathways before final passage.