Cigarette and tobacco products: retail sale: pharmacies.

Assembly Member Ortega, along with a bipartisan group of coauthors, proposes prohibiting California pharmacies from selling cigarettes and tobacco products through amendments to the state's pharmacy and tobacco licensing laws.

The legislation creates a dual enforcement mechanism by directly barring pharmacies from tobacco sales and preventing the California Department of Tax and Fee Administration from issuing tobacco retail licenses to pharmacies or retail locations containing pharmacies. Under current law, pharmacies can obtain licenses to sell tobacco products if they meet standard retailer requirements. The bill maintains existing license denial criteria for other retailers, including prior license suspensions, certain felony convictions, and lack of required permits.

Retailers denied licenses retain the right to petition for reconsideration within 30 days, with opportunities for both written appeals and oral hearings before the licensing board. The bill classifies violations of the pharmacy sales prohibition as misdemeanors under the Pharmacy Law, establishing criminal penalties for non-compliance. While the legislation creates new local enforcement obligations, it specifies that the state bears no requirement to reimburse local agencies for associated costs.