Denver, Colo. Passes Ban on the Sale of Flavored Tobacco Products, Mayor Signs Ordinance (Update)

On Monday evening, the Denver City Council passed the final reading of an ordinance that will ban the sale of flavored tobacco products in the city. The ban passed by a vote of 11-1.

The law, which still needs the signature of Mayor Mike Johnson, will go into effect in 90 days and will ban the sale of all forms of flavored tobacco, including cigars and pipe tobacco, as well as flavored vaping products. It does not apply to flavored tobacco intended to be smoked in a hookah that is sold at a hookah tobacco retailer.

Retailers who violate the ban will face suspensions of their privilege to sell tobacco products should they receive two or more violations within one-year window. Suspensions start at a minimum of 30 days and increase to a year for four or more violations. Additionally, that window will go wider in the coming years; as of Jan. 1, 2027, two violations in two years earns a 30 days suspension.

A total of 34 individuals signed up to present comments to the council, which limited the public comment portion to 30 minutes prior to the vote. People came to speak both in support of and in opposition to the ordinance; retailers told the council that a ban would both hurt numerous businsses and cost the city tax revenue, as customers would take their businesses elsewhere. A member of the council indicated that 15 of the 18 municipalities that border Denver do not have similar bans in place.

Retailers also said that it would shift sales to the unregulated black market, while taking ancillary purchases usually made at convenience stores into other cities and towns. One retailer said that there are 536 tobacco retail stores in the city that will be adversely affected by the ban. Other retailers also said that the council failed to adequately work with retailers in developing the ban, and fails to enforce the existing laws it has on sales to minors.

Speakers with connection to law enforcement also suggested that it would fuel the growth of the black market, which comes with increased criminal activity and products of inferior quality that could pose an even greater health risk.

The Cigar Association of America wrote to the council to oppose the ban, saying in a Dec. 3 letter that “this blanket approach is a disproportionate and ineffective attempt to address any issues of youth usage, especially considering that the only facts and allegations presented as justification for the Proposed Ordinance relates to other product categories – such as vapor and cigarette products.”

A representative from Mayor Mike Johnston told Denver7.com that “we’re committed to protecting youth health through common sense measures, and Mayor Johnston would be in support of this initiative should Council pass it.”

The ordinance does not make it illegal to use a tobacco product, with city representatives telling council that a person would not be stopped and cited for using a flavored tobacco product.

In 2021, the Denver City Council passed a similar ban, only to have it vetoed by then-Mayor Michael Hancock. The council came up one vote short in overriding the ban.

Denver is far from being the only city in Colorado to pass a ban on the sale of flavored tobacco products. Golden, Edgewater, Aspen, Boulder, Carbondale, Glenwood Springs and Snowmass Village have all passed bans on flavored tobacco products.

With a population of approximately 716,000 residents, Denver is the 19th largest city in the United States. It is also the capitol of Colorado.

Update (Dec. 19, 2024) — Today, Mayor Mike Johnston signed the ordinance into law, starting the 90-day countdown clock to when the law goes into effect.