Upland Considers New Rules for Flavored Tobacco, Nitrous Oxide and Kratom

Councilman James Breitling

9/20/20261 min read

The Upland City Council is considering a new ordinance that would regulate the sale of several products within the city, including flavored tobacco, certain smoking devices, nitrous oxide and kratom products.

The proposed ordinance would add a new Chapter 9.50 to the Upland Municipal Code and is primarily directed at retailers and businesses that sell or distribute these products, rather than consumers who simply possess them.

Under the proposal:

Flavored tobacco products and flavor enhancers could not be sold, displayed for sale or possessed with the intent to sell. This includes tobacco products with characterizing flavors such as menthol, mint, fruit, chocolate, vanilla, candy and other flavors. - Oil burners, described in the ordinance as certain glass smoking devices, could no longer be sold by tobacco retailers. - Nitrous oxide, sometimes marketed as “laughing gas,” “NOS,” or “whip-its,” would generally be prohibited from retail sale or distribution. However, the ordinance contains exemptions for legitimate uses, including medical and dental applications, certain commercial food uses, pharmacies and nitrous oxide systems specifically designed to enhance vehicle performance.
Kratom and 7-OH products could not be sold to anyone under 21. The ordinance would also prohibit products containing more than 2% 7-OH relative to total kratom alkaloids, products designed or packaged in ways considered attractive to children, and products containing synthesized or semi-synthesized kratom alkaloids.

Enforcement

Violations could be treated as misdemeanors and could also carry civil penalties ranging from $250 to $1,000 for each day a violation continues. Businesses could also face revocation of their business license or tobacco retailer license.

For tobacco retailers, repeated violations could prevent a new tobacco license from being issued at the location for periods ranging from 15 days to as long as five years, depending on the number of violations within a 60-month period.

The stated purpose of the ordinance is to regulate the sale and distribution of these products in an effort to protect public health and prevent unlawful sales.

The City Council voted unanimously to approve the ordinance and will take effect 30 days after adoption.

Disclaimer: The Upland Update is an independent community resource and is not affiliated with the City of Upland. This is my personal initiative to keep residents and businesses informed about key issues, city developments, and community events that impact our daily lives. My goal is to ensure you have clear, transparent, and timely information to stay engaged and involved in shaping Upland’s future.

James Breitling

(909) 342-2523

info@theuplandupdate.com