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SB-1314 • 2026

Smoke shops: locations, hours of operation, and sale of nitrous oxide.

Smoke shops: locations, hours of operation, and sale of nitrous oxide.

Education Land Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Menjivar
Last action
2026-04-23
Official status
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 22).
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide specific details on enforcement mechanisms beyond civil penalties.

Smoke Shops: Rules for Location, Hours, and Nitrous Oxide

This law sets rules about where smoke shops can be located, when they can sell tobacco products, and bans them from selling nitrous oxide.

What This Bill Does

  • It stops smoke shops from opening within 600 feet of schools or day care centers unless local governments set a larger distance.
  • Smoke shops cannot sell tobacco to the public between 10:00 p.m. and 6:00 a.m.
  • The law bans smoke shops from selling nitrous oxide and items used with it.

Who It Names or Affects

  • Smoke shop owners
  • Local governments that set zoning laws

Terms To Know

STAKE Act
A law aimed at reducing youth access to tobacco products.
CDTFA
California Department of Tax and Fee Administration, which handles taxes and fees for the state.

Limits and Unknowns

  • The exact date when these rules will start is not clear.
  • It does not say how much money will be spent to enforce these rules.

Bill History

  1. 2026-04-23 California Legislative Information

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 22).

  2. 2026-04-14 California Legislative Information

    Set for hearing April 22.

  3. 2026-04-08 California Legislative Information

    From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 4. Noes 0.) (April 8). Re-referred to Com. on HEALTH.

  4. 2026-04-06 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.

  5. 2026-03-25 California Legislative Information

    Set for hearing April 8.

  6. 2026-03-04 California Legislative Information

    Referred to Coms. on REV. & TAX. and HEALTH.

  7. 2026-02-23 California Legislative Information

    Read first time.

  8. 2026-02-23 California Legislative Information

    From printer. May be acted upon on or after March 23.

  9. 2026-02-20 California Legislative Information

    Introduced. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 1314, as amended, Menjivar.
Smoke shops: locations, hours of operation, and sale of nitrous oxide.
The Stop Tobacco Access to Kids Enforcement (STAKE) Act requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to persons under 21 years of age through specified enforcement activities. In addition to the primary enforcement responsibility assumed by the department, existing law authorizes other state and local governmental agencies to conduct inspections and assess penalties for violations of the act, as specified, and encourages state and local enforcement agencies to share the results of inspections and coordinate with the department when enforcing the act. In this regard, existing law authorizes an enforcing agency to assess specified civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 years of age any tobacco, cigarettes, or
cigarette papers. Existing law, upon the assessment of a civil penalty for the 3rd, 4th, or 5th violation, requires the department to notify the California Department of Tax and Fee Administration (CDTFA), and requires the CDTFA to assess civil penalties and suspend or revoke a license issued under the Cigarette and Tobacco Products Licensing Act of 2003.
This bill, effective
January 1, 2028,
July 1, 2027,
would prohibit the retail location for a smoke shop, as defined, from being located within a 600-foot radius of a school or a day care center in existence at the time the retail license is issued, unless the local jurisdiction specifies a
different radius.
radius greater than 600 feet.
The bill would prohibit a smoke shop from engaging in the retail sale of tobacco products directly to the public between the hours of 10:00 p.m. to 6:00 a.m. The bill would authorize the State Department of Public Health or the CDTFA to establish regulations relating to the operation of smoke shops, including the creation of a separate license category with administrative processes and separate fee rates. The bill would also prohibit a smoke shop from possessing, storing, owning, or selling nitrous oxide or paraphernalia relating to the consumption of nitrous oxide. The bill would authorize an enforcement agency to assess civil penalties for a violation of those provisions. The bill would authorize the CDTFA to then assess a civil penalty and suspend or revoke a license for a violation of those provisions. The bill would define various terms relating to the bill’s provisions.
The California
Constitution provides for the establishment of the State Board of Equalization, which, before July 1, 2017, had primary responsibility for most of the state’s duties, powers, and responsibilities regarding the administration of taxes and fees. Existing law, on July 1, 2017, transferred to the CDTFA various duties, powers, and responsibilities of the State Board of Equalization, including administration of the STAKE Act, as specified.
This bill would change references in the provisions of the STAKE Act amended by this bill from the “State Board of Equalization” to the “California Department of Tax and Fee Administration” to reflect the transfer of the board’s duties, powers, and responsibilities to the CDTFA.

Current Bill Text

Read the full stored bill text 
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