Clay County amends tobacco ordinance to ban electronic delivery devices starting June 1

The Clay County Board of Commissioners voted to amend the county’s tobacco ordinance on Tuesday to prohibit the sale or offer for sale of electronic delivery devices, effective June 1. The amendment replaces language that targeted “flavored products” with a ban on electronic delivery devices as defined in the ordinance.

The change follows two public hearings and extensive public comment; board members debated scope, enforcement and potential conflict with separate cannabis retail rules. Supporters cited testimony from medical professionals and school administrators that flavored vaping products and nicotine pouches are widely available to youth and contribute to addiction. Opponents warned of overreach by local government and noted cross-border sales and online availability could blunt the ordinance’s effect.

Commissioners said they were responding mainly to concerns about vaping and the liquid refill products that can be manipulated, while leaving THC retail regulation to an upcoming, separate cannabis ordinance to avoid conflicting language. County staff recommended retaining ordinance definitions to reduce legal risk and to make enforcement clearer; board members asked staff to coordinate the cannabis ordinance to avoid gaps or contradictions between the two rules.

During debate commissioners noted prior public outreach: the board held multiple hearings with about 27 in-person testimonies, and received testimony from school superintendents and public health professionals emphasizing youth access to flavored vaping products. The board discussed packaging provisions in state law (child-resistant packaging for liquids) and whether that addressed some concerns. Commissioners also raised implementation questions — how many local retailers are affected (staff cited roughly 11 entities under county jurisdiction), cross-border purchases from North Dakota, internet sales and the potential need for compliance checks.

In a roll-call vote the board approved the amendment. The recorded votes were: Commissioner Kravanoff — yes; Commissioner Mojo — yes; Commissioner Campbell — yes; Commissioner Bair — no; Commissioner Ebinger — yes. The motion carried.

Board members and staff said they will continue coordinating with city and state partners on enforcement, pursue clarifying language for vaping-related definitions, and draft a separate cannabis retail ordinance to address THC products and avoid conflicting provisions.