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

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

Key Facts

State law
SB 793 / Prop 31
Covers menthol
Yes, all flavored cigs
Covers vapes
All flavored e-liquids
Effective
December 2022

Summary

California Senate Bill 793 prohibits the retail sale of most flavored tobacco products statewide, including menthol cigarettes and flavored vape liquids. Stockton retailers cannot sell, display, or distribute covered flavored products regardless of brand or device type.

104559.5. (b) (1) A tobacco retailer, or any of the tobacco retailer's agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. (2) There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product's labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor. (a) (1) "Characterizing flavor" means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. (c) Subdivision (b) does not apply to the sale of flavored shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met: (1) The hookah tobacco retailer has a valid license to sell tobacco products. (2) The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time. (e) Subdivision (b) does not apply to loose leaf tobacco or premium cigars. (f) A tobacco retailer, or agent or employee of a tobacco retailer, who violates this section is guilty of an infraction and shall be punished by a fine of two hundred fifty dollars ($250) for each violation of this section.

Source: California SB 793View official code

Full Breakdown

SB 793, upheld by California voters as Proposition 31 in 2022, bans the sale of flavored tobacco products including menthol cigarettes, flavored cigars, flavored vape liquids, and flavored nicotine pouches at brick-and-mortar retailers. Narrow exceptions exist for premium hand-rolled cigars sold at hookah lounges, loose-leaf pipe tobacco, and shisha sold under specific conditions. The law is enforced by the California Department of Public Health through STAKE Act operations and by local agencies in cities that have layered ordinances. Stockton retailers must remove flavored stock from shelves and cannot sell flavored products even from behind-counter or members-only displays.

Violations & Fines

Stocking, displaying, or selling flavored tobacco products carries STAKE Act fines, state retail license suspension, and seizure of inventory during inspections.

Frequently Asked Questions

Can I still buy menthol cigarettes in Stockton?
No. SB 793 banned menthol cigarettes statewide effective December 2022. Stockton retailers cannot legally stock or sell menthol cigarettes regardless of brand or carton size.
Are tobacco-flavored vapes still legal?
Tobacco and unflavored vape products remain legal for adults 21 and older. The ban targets flavored e-liquids including mint, menthol, fruit, candy, dessert, and similar characterizing flavors.

Sources & Official References

Other rules in Stockton

All Stockton rules

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