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Bill would define smoke shops, set buffers from schools and ban nitrous oxide sales

Senate Committee on Health, California State Senate · April 22, 2026
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Summary

SB 13 14 would create a statewide definition for smoke shops, impose a 600-foot default buffer from sensitive sites, and ban sale/possession of nitrous oxide paraphernalia at smoke shops; cities and pediatric groups testified in strong support while committee members asked about aligning distance rules to existing alcohol or cannabis buffers.

Sen. Menjivar introduced SB 13 14, the "Youth Over Smoke Act," explaining that the bill responds to a rise in youth vaping and nitrous oxide misuse and the geographic clustering of smoke shops near schools. The measure would define smoke shops statewide, impose a default 600-foot buffer from sensitive sites (such as schools and day care centers) beginning July 1, 2027, and prohibit smoke shops from stocking nitrous oxide or related paraphernalia.

Eric Guerra, a Sacramento City Council member, said cities struggle to enforce a proliferation of smoke shops near schools and that a statewide standard would help local governments protect youth and align enforcement. A wide coalition including the American Academy of Pediatrics (California chapter), League of California Cities, and several public-health groups testified in strong support.

Committee members asked about aligning the buffer with existing alcohol or cannabis outlet distances, and the author said the 600-foot buffer was modeled on cannabis setbacks but remained open to further alignment. Several members expressed support but noted enforcement and cost questions; the bill was moved to appropriations as amended and placed on call in committee.