Linked In Post By CA Lawyer – Dana Leigh Cisneros -California Smoke Shops Association v. City of Fresno, Case No. 1:25-cv-00590 (E.D. Cal.),
Cisneros writes
Fresno said FAFO and did something about cannabis being sold in smoke shops and the Court just agreed! Smoke shops can be targets for illicit cannabis operations, even if they call the products hemp.
We all know CDPH is never going to enforce anything. I recently had a crate of hemp beverages from a celebrity brand shipped to my door in Anaheim, CA to see if they would – they did. One sip and the rest down the drain. Bitter. Synthetic. Disgusting.
In California Smoke Shops Association v. City of Fresno, Case No. 1:25-cv-00590 (E.D. Cal.), the federal court denied a preliminary injunction and upheld Fresno’s new smoke shop ordinance. The decision makes explicit what that smoke shops are a primary source of illicit cannabis.
Labels like “hemp” or “THCa flower” are not fooling anyone. If they are sold outside the licensed framework, they are unlawful.
Out of 67 smoke shops inspected, 53 were selling illegal cannabis, 63 were selling illegal tobacco, and every single one had code violations.
Investigators also documented large amounts of cash on hand, sales to minors, and attempts to rebrand as other types of businesses to avoid enforcement .
As Fresno City Council Vice President Miguel Arias put it: “Costco is not the one selling marijuana to the public. Walmart is not the one selling tobacco to teenagers. This ordinance focuses on the problem, which is the self-identified smoke shops that currently have zero rules.”
The ordinance limits smoke shops to seven per council district, requires conditional use permits, and imposes strict operational standards. Sound familiar?
Existing shops are given only 18 months to wind down unless they secure a permit. The court found these measures rationally related to legitimate government interests in public safety and consumer protection.
California enacted emergency regulations prohibiting hemp-derived foods, beverages, and supplements containing any detectable THC or other intoxicating cannabinoids, and smokable hemp is not legal here. Permanent rules are expected soon, following the passage of AB8.
What other California cities will or have followed Fresno’s lead in cracking down on smoke shops?
And what to the hemp folks have to say? Is this the parity and one plant treatment you’ve been looking for? AB8 is going to turn everything on its head. Who’s ready!?!
PS I’m never a fan of criminalizing non harmful behavior, but from a regulatory standpoint, what’s happening with the hemp space and its unfair competition against our licnesed cannabis operators in cannabis is a tragedy.
On the flip, if you make converted cannabinoids or put them in your hemp products or don’t bother to know about your converted “hemp” cannabinoids, I have zero sympathy or respect – you’re profiting off poison in the name of the plant and there is a special circle in hell for you.
We all know CDPH is never going to enforce anything. I recently had a crate of hemp beverages from a celebrity brand shipped to my door in Anaheim, CA to see if they would – they did. One sip and the rest down the drain. Bitter. Synthetic. Disgusting.
In California Smoke Shops Association v. City of Fresno, Case No. 1:25-cv-00590 (E.D. Cal.), the federal court denied a preliminary injunction and upheld Fresno’s new smoke shop ordinance. The decision makes explicit what that smoke shops are a primary source of illicit cannabis.
Labels like “hemp” or “THCa flower” are not fooling anyone. If they are sold outside the licensed framework, they are unlawful.
Out of 67 smoke shops inspected, 53 were selling illegal cannabis, 63 were selling illegal tobacco, and every single one had code violations.
Investigators also documented large amounts of cash on hand, sales to minors, and attempts to rebrand as other types of businesses to avoid enforcement .
As Fresno City Council Vice President Miguel Arias put it: “Costco is not the one selling marijuana to the public. Walmart is not the one selling tobacco to teenagers. This ordinance focuses on the problem, which is the self-identified smoke shops that currently have zero rules.”
The ordinance limits smoke shops to seven per council district, requires conditional use permits, and imposes strict operational standards. Sound familiar?
Existing shops are given only 18 months to wind down unless they secure a permit. The court found these measures rationally related to legitimate government interests in public safety and consumer protection.
California enacted emergency regulations prohibiting hemp-derived foods, beverages, and supplements containing any detectable THC or other intoxicating cannabinoids, and smokable hemp is not legal here. Permanent rules are expected soon, following the passage of AB8.
What other California cities will or have followed Fresno’s lead in cracking down on smoke shops?
And what to the hemp folks have to say? Is this the parity and one plant treatment you’ve been looking for? AB8 is going to turn everything on its head. Who’s ready!?!
PS I’m never a fan of criminalizing non harmful behavior, but from a regulatory standpoint, what’s happening with the hemp space and its unfair competition against our licnesed cannabis operators in cannabis is a tragedy.
On the flip, if you make converted cannabinoids or put them in your hemp products or don’t bother to know about your converted “hemp” cannabinoids, I have zero sympathy or respect – you’re profiting off poison in the name of the plant and there is a special circle in hell for you.