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Legal Alert Regarding Tobacco Legislation

» Posted May 18, 2016News

On May 4th Governor Brown signed several pieces of legislation designed to further limit the use or effects of tobacco in California. Most of the legislation takes effect this June, with some portions phasing in through the remainder of the year. Here are some of the highlights:

1. It is illegal to sell or give minors tobacco products. Electronic cigarettes (which vaporize tobacco) are now considered a “tobacco product” for purposes of this law and the penalty has been increased from an infraction to a misdemeanor.


2. Likewise, electronic cigarettes are now considered a “tobacco product” for purposes of requiring a specific license to sell these products to consumers.


3. As of June 9th, in locations where smoking is prohibited by law, e-cigarettes will also be prohibited. Medical marijuana is excluded.


4. The minimum legal age to purchase tobacco products is 18 years. This will change to 21 years of age, except military personnel who may purchase at 18. Local governments may place more restrictive age limits.


5. The exceptions for workplace smoking prohibitions will be almost eliminated. Smoking will now be prohibited in owner-operated businesses, even if the only person working at the business is the owner. The following workplace exemptions have been eliminated: parking lots, hotel lobbies, banquet halls and meeting rooms, warehouses, gaming clubs, bars, employee break rooms and businesses with five or less employees.


6. Guestrooms that permit smoking (such as those in hotels) must be limited to 20% or less of the total guest rooms.


7. Licensing fees to sell or distribute tobacco products will increase in 2017, which should result in an increase in the cost to the consumer.