Tobacco Laws in California
In California, lawmakers can create new laws or update existing ones. Many of the most common tobacco control laws are listed below. Local law enforcement agencies are responsible for enforcing these laws where violations happen.
View Reporting Violations for more information.
For a more detailed listing of state laws visit the Public Health Law Center’s California Commercial Tobacco Control page.
Flavors
Since December 21, 2022, California has banned the sale of most flavored tobacco products. Retailers (and their employees) can be fined $250 for each violation. Local governments enforce this law and may set higher fines if they have their own rules. See the SB 793 Factsheet for more information.
New laws—Assembly Bill 3218 and Senate Bill 1230—take effect January 1, 2025. These laws:
- Create a state list of approved “unflavored” tobacco products
- Allow the state to block unauthorized e-cigarettes
- Penalize companies that break the rules
- Strengthen rules for delivery sales
- Increase penalties for selling to people under 21
- Allow illegal flavored products to be taken away
- Expand definitions of “flavor” and “nicotine”
See Assembly Bill (AB) 3218. Together with Senate Bill (SB) 1230; for more information.
Cannabis
In 2024, Assembly Bill 1775 was passed. It allows local governments to let some cannabis retailers sell non-cannabis food and drinks and host live events.
See Assembly Bill (AB) 1775 for more information.
Workplaces
Under California Labor Code Section 6404.5, smoking is not allowed in most indoor workplaces. This includes areas like offices, lobbies, restrooms, and stairwells. There are very few exceptions.
Entryways and Government Buildings
Smoking is not allowed within 20 feet of entrances, exits, or windows of public buildings, according to California Government Code Section 7596-7598.
Private Vehicles
The Marco Firebaugh Memorial Children’s Health and Safety Act of 2007 makes it illegal to smoke in a car when someone under 18 is present. Fines can be up to $100.
Tot Lots and Playgrounds
Smoking is not allowed within 25 feet of playgrounds or children’s play areas. Throwing away cigarette butts or other tobacco waste in these areas is also illegal under California Health and Safety Code Section 104495.
Day Care Facilities
Smoking is not allowed at licensed day care centers or family day care homes when children are present, under California Health and Safety Code Section 1596.795
Local Laws
Cities and counties can create their own tobacco laws. In San Diego County, different communities may have different rules depending on where you are.
Visit Local Laws for more information.
Policies
Businesses and organizations can also set their own rules about tobacco use on their property.
Check out Voluntary Policies for more information.