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Sacramento, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

City Code
Chapter 5.150
State Law
SB 793 / Prop 31
Menthol
Banned
Cigar Exception
Premium loose tobacco

Summary

Sacramento City Code Chapter 5.150 banned the sale of flavored tobacco products (including menthol cigarettes and flavored vape) before California enacted the statewide ban via Senate Bill 793 (2020), upheld by voters as Proposition 31 in 2022.

104559.5.

(a) For purposes of this section, the following definitions apply:

(1) “Characterizing flavor” means a taste or odor, distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, other than the taste or odor of tobacco, including, but not limited to, tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation distinguishable by an ordinary consumer during the consumption of a tobacco product.

(2) “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.

(3) “Department” means the State Department of Public Health.

(4) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel.

(5) “Flavored shisha tobacco product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor.

(6) “Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor. “Flavored tobacco product” includes any tobacco product, other than looseleaf tobacco, a premium cigar, or a shisha tobacco product, that is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursuant to Section 104559.1.

Source: California Health and Safety Code 104559.5View official code

Full Breakdown

Sacramento adopted Chapter 5.150 of the City Code restricting the sale of flavored tobacco products at city tobacco retailers, predating California's statewide ban. California Senate Bill 793 (2020) prohibits retail sale of most flavored tobacco products, including menthol cigarettes, flavored cigars, and flavored e-cigarettes. The tobacco industry referendum (Proposition 31, 2022) was rejected by voters, allowing SB 793 to take effect. Limited exemptions exist for premium cigars, loose-leaf pipe tobacco, and shisha. Sacramento Code Enforcement, in coordination with California Department of Public Health, enforces compliance through retailer inspections and decoy operations.

Violations & Fines

Selling banned flavored tobacco products can result in city tobacco retail license suspension, state fines under Health and Safety Code 104559.5, and possible criminal misdemeanor charges for repeat violators.

Frequently Asked Questions

Are menthol cigarettes legal in Sacramento?
No. Sacramento banned menthol cigarette sales under Chapter 5.150, and California reinforced the ban statewide with SB 793 and Proposition 31 in 2022.
What about online sales shipped to Sacramento?
Selling, shipping, or delivering banned flavored tobacco to Sacramento addresses violates state law regardless of where the seller is located, with enforcement against retailers and shippers.

Sources & Official References

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Heavy Restrictions