The Arizona Legislature has an opportunity to take a meaningful step toward protecting our communities and bringing transparency to a market that has operated without oversight for far too long.

House Bill 4001 has already passed the Arizona House and recently cleared the Senate’s Regulatory Affairs and Government Efficiency Committee with strong bipartisan support in a 6–1 vote. Now, the full Senate has the chance to act and send this bill to Gov. Katie Hobbs for her signature.

This is a commonsense measure aimed at cracking down on illegal nicotine products that continue to flood into our state.

Let’s be clear about the problem.

For years, vaping products have been smuggled into Arizona instead of coming through legitimate, transparent supply chains. 

At ports of entry across the United States, including along our southern border, shipments are routinely mislabeled in an attempt to evade detection. A container declared as “toys,” “electronics,” or “personal care items” may, in reality, be packed with thousands of illegal vaping devices. Many of these shipments originate overseas, often from China, and are deliberately disguised to bypass inspection.

This is not a loophole. It is a vulnerability.

And for too long, it has been exploited.

Customs and Border Protection agents do extraordinary work under difficult circumstances. But in recent years, they have been stretched thin, particularly along the southern border. When resources are diverted and personnel are overwhelmed, bad actors take notice. Illicit products, including unauthorized vaping devices, have a greater chance of slipping through the cracks.

What happens next is just as concerning.

These illegal products make their way into Arizona communities, where they are sold in smoke shops with little oversight. Many are marketed with bright colors, sweet flavors and packaging that clearly appeal to children.

That is not an accident.

It is a business model built on evasion, deception, and, too often, a deliberate targeting of the next generation of consumers.

HB 4001 is designed to change that.

The bill would establish a framework to ensure that nicotine products sold in Arizona have entered the U.S. legally through our ports of entry. It creates accountability for retailers and distributors, strengthens enforcement mechanisms and helps prevent illicit products from gaining a foothold in our state.

Importantly, it also complements the work being done at the federal level. Arizona cannot control what happens at international ports or dictate foreign manufacturing practices, but we can control what is allowed to be sold within our borders.

We can say that if a product has not entered the United States in a legal way, it has no place on Arizona shelves.

This is not about overregulation. It is about enforcing the law.

It is about supporting the men and women on the front lines of border security who work every day to stop illegal goods from entering our country.

And it is about protecting Arizona families from products that should never have made it here in the first place.

The Border Security Alliance has long worked to combat the flow of illicit goods across our borders, whether it is narcotics, counterfeit merchandise or unauthorized nicotine products. The tactics may differ, but the underlying issue is the same: bad actors exploiting weaknesses in the system for profit.

HB 4001 is a step toward closing one of those gaps.

Arizona has the chance to lead on this issue. By passing this legislation, lawmakers can send a clear message that our state will not be a dumping ground for illegal products and will not tolerate efforts to bypass the safeguards designed to protect consumers.

I urge members of the Senate to support HB 4001 and stand with law enforcement, border officials, and communities across Arizona.

This is about security. This is about accountability. This is about doing what is right.

Jobe Dickinson is the president of the Border Security Alliance, a nonprofit advocate of public policy related to border security, law enforcement, trafficking and illicit trade.