Cigarette and tobacco products: retail sale: pharmacies.

Assembly Member Ortega's legislation to prohibit California pharmacies from selling cigarettes and tobacco products marks a distinct shift in retail pharmacy operations across the state. The measure adds new provisions to the Business and Professions Code while modifying existing tobacco licensing requirements.

The bill establishes an outright ban on cigarette and tobacco product sales at all licensed pharmacy locations. Under current law, pharmacies can obtain licenses to sell these products alongside their pharmaceutical services. The proposed changes would both prohibit such sales directly and prevent the State Board of Equalization from issuing tobacco retail licenses to any business licensed as a pharmacy under the Pharmacy Act.

For pharmacies denied a tobacco retail license, the legislation preserves existing appeal mechanisms. Retailers may petition for reconsideration within 30 days of denial, with options for both written appeals and oral hearings. The bill maintains current enforcement frameworks by classifying violations as misdemeanors, consistent with penalties under both the Cigarette and Tobacco Products Licensing Act and the Pharmacy Law.

The measure creates a state-mandated local program to implement these changes, though it explicitly exempts the state from reimbursing local agencies for associated costs under Article XIII B of the California Constitution. This exemption applies because the bill's provisions relate solely to crime classification rather than imposing new administrative burdens on local jurisdictions.