Tackling Tobacco: October 2024 Legislative & Regulatory Roundup
NATIONAL REPORT — Tobacco legislation and regulation is constantly under review at the local, state and federal levels. In this monthly roundup, Convenience Store News highlights the latest proposals and approved changes happening across the United States.
COLORADO
Denver — Denver city leaders are again considering a ban on the sale of flavored tobacco products, including flavored nicotine products. The current proposal is now before the Denver City Council's Budget and Policy Committee. In 2021, the Denver City Council approved a similar ban but it was vetoed by then-Mayor Michael Hancock.
IOWA
Iowa City — Members of the city council are exploring a ban on the sale of kratom within Iowa City limits. They are also considering placing new limits on tobacco permits. Final rulings for both are expected in November.
MICHIGAN
Lansing — Bills were introduced in the Michigan Senate that would require tobacco and vapor product retailers to be licensed, paying $500 annually; they would also place stiffer penalties on those retailers violating the Tobacco 21 law. The proposed bills would additionally repeal the penalties against minors for tobacco use, purchase or possession.
MISSOURI
Kansas City — After failing to pass four years ago, a flavored tobacco ban was back for the city council's consideration in October. By the end of the month, after local retailers pressed lawmakers about the potential financial impacts of the legislation, the city council dropped the measure again. With the legislation off the table, the Kansas City officials are working to require a license to sell vapor products and require annual compliance checks.
NORTH CAROLINA
Fayetteville — The Fayetteville City Council passed a development ordinance change that prohibits new smoke shops from opening within 1,000 feet of each other as well as a wide variety of other establishments, including schools, daycare facilities, religious institutions, group homes, public parks, group quarters or residential rehabilitation support facilities. Tobacco and hemp stores also cannot open within the same property, such as a strip mall with multiple storefronts. The ban will not affect existing retailers.
OREGON
Salem — In late October, the Oregon Court of Appeals ruled that lawmakers violated the state constitution's free speech protections when they previously prohibited e-cigarette/vape pen makers from marketing their products with colorful packaging, banning the use of mascots, cartoons, celebrity endorsements and descriptive phrases such as "lit," "fire" and "spiked."
OHIO
Toledo — The Toledo City Council has proposed a moratorium on issuing permits for new tobacco shops. If passed, it would block the review and issuance of any zoning permits, building permits, certificates of occupancy or other licenses or permits until Jan. 31, 2025. The measure includes a request for the Toledo Plan Commission to conduct a study on the history and future establishment of tobacco shops during the moratorium.