HomeMy WebLinkAbout05 04 2026 - Item 9.3 - Lynn Silver
2000 Center Street, Suite 308, Berkeley, CA 94704. www.preventionpolicygroup
A project of the Public Health Institute
April 30, 2026
Gilroy City Council
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
publiccomment@cityofgilroy.org
RE: May 4, 2026 Council Meeting – Agenda Item 9.3: Tobacco Retailer Permit – Potential Density
and Flavored Tobacco Restrictions
Honorable Mayor and City Council Members:
On behalf of the Prevention Policy Group, we write to express strong support for the City of Gilroy’s
examination of stronger tobacco retailer regulations under Agenda Item 9.3 at the May 4, 2026 City
Council meeting, and seek to provide technical background. We urge the Council to consider
policies to include meaningful limits on retailer density and comprehensive restrictions on the
sale of fiavored tobacco products, as well as addressing certain other issues that pose major
public health risks to youth, such as sales of illegal intoxicants currently commonly found in
smoke shops.
The Prevention Policy Group is a program of the Public Health Institute, a 501c3 that has
supported advancing public health in California for over 60 years. Tobacco control has been part
of our work for most of that period. PPG recently assumed administration of the Tobacco Policy
Evaluation Tracking System for the California Department of Public Health, and are in the midst of
updating coding all of the state’s local tobacco laws. We have also worked extensively of issues
related to the sale of intoxicating hemp products and other illegal intoxicants by smokeshops. We
provide technical assistance to Santa Clara County on issues related to prevention of cannabis
and hemp use by youth and cannabis policy.
The issues:
1. Retailer density matters. Higher concentrations of tobacco retailers are associated with
increased youth exposure to tobacco marketing, easier access to tobacco products, and
higher rates of tobacco use. Reasonable caps and spacing requirements—such as limits
on the number of retailers citywide and minimum distances between retailers and of of at
least 1,000 feet from youth-sensitive locations (e.g., schools, parks, and youth-serving
facilities)—are evidence-informed strategies that help reduce access and normalize
healthy, tobacco-free environments. Gilroy currently has 45 retailers, roughly one per
1,353 inhabitants. That is too high. It is higher than the state average of approximately 1 per
2000 Center Street, Suite 308, Berkeley, CA 94704. www.preventionpolicygroup
A project of the Public Health Institute
1,682 inhabitants and higher than most of the density caps cited in the staff report. This
argues for policies that can advance active attrition, such as halting new licenses, legacy
restrictions, not allowing new supermarket licensees and setting a lower cap target for
attrition.
2. Restrictions on flavored tobacco products are important, as the staff report notes. Our
robust state law left four loopholes. Jurisdictions are increasingly working to close those
remaining loopholes and we would encourage the city to do so. Flavors—including sweet,
fruity and menthol—mask the harshness of tobacco and nicotine, increase initiation
among young people, and make quitting harder. Flavored products are heavily marketed
and have played a signiflcant role in youth vaping and nicotine and cannabis addiction.
These remaining loopholes include the sale of fiavored shisha tobacco products by a
hookah tobacco retailer, sales of fiavored premium cigars, including those sold in cigar
lounges, sales of fiavored looseleaf tobacco, and sale or delivery of internet sales of
fiavored tobacco. We join with the state’s California Tobacco Prevention program in
recommending addressing those remaining sources of fiavored tobacco.
3. A strong TRP program also requires robust enforcement. We encourage the Council to
ensure local law clearly designates a resposible party as staff suggests, and maintains TRL
fees adequate to support needed enforcement including periodic required inspections at
least annually.
4. Additionally we recommend that the City consider adopting that makes the sale of
intoxicating and inhaled hemp products, kratom and 7 -hydroxymitragynine (7-OH) or
other synthetic versions of kratom active ingredients, and nitrous oxide (laughing gas)
a violation of a tobacco retailer license, with escalating penalties including suspension
or loss of license for repeat offenders. Language could be written in such a way to also
encompass other psychoactive substances as the industries continue to market new ones
daily, such as those derived from or mimicking mushroom. Intoxicating hemp (including all
synthetic cannabinoids) and inhaled hemp products are illegal in California under AB8
(2025, Aguiar Curry) and state regulations, and speciflcally prohibited for tobacco retailers,
they share the similar adverse effects as cannabis but often have far higher and dangerous
THC-like doses. Kratom and 7-OH are considered adulterants of products for human
consumption by CDPH. They possess similar but weaker action to opioids, are addictive
though with less severe withdrawal than opioids, and can cause liver damage and even
death at high doses. Possession of nitrous oxide for the purpose of getting high is a crime,
and sale to minors is a crime in CA but state law does not yet fully address the issues of the
2000 Center Street, Suite 308, Berkeley, CA 94704. www.preventionpolicygroup
A project of the Public Health Institute
giant, often fiavored gas cannisters being widely sold to minors at smoke shops. Deaths
from nitrous oxide have risen 578% and California hospitals are increasingly seeing severe
full thickness “frostbite” burns from those who lose consciousness while inhaling.
Additionally we are increasingly seeing psychoactive mushroom extracts or synthetic
products mimicking psychoactive mushrooms being sold in smoke shops. These products
are a rapidly growing presence in smoke shops across the state and have no place t here.
We encourage the city to add and enforce a prohibition on their sale to their TRL to facilitate
local enforcement. Whatever our future public policies towards these various psychoactive
products, these illegal products are addictive, harmful, unregulated and available to
minors. They do not belong in our tobacco retailers.
These recommended policies are not about punishing responsible businesses or criminalizing
youth; they are about setting sensible community retail standards that prioritize public health,
reduce youth access, and prevent the next generation from becoming addicted to or injured by
nicotine, cannabis, kratom or laughing gas. Local regulation is especially important as these
products evolve rapidly, tobacco use declines, and retailers face aggressive product marketing
and frequent product turnover. California local governments are increasingly adopting policies to
address these issues through local law. Images of problem products and state advisories are
attached.
For these reasons, the Prevention Policy Group respectfully urges the City Council to consider
strong tobacco retailer regulations that include retailer density protections , fiavored tobacco
restrictions that complement state law, designated enforcement authority, and a clear prohibition
of sale of addictive psychoactive substances by tobacco retailers. We appreciate your leadership
on this issue and would welcome the opportunity to provide technical assistance, model
language, or implementation considerations as you move forward.
Sincerely,
Lynn Silver, MD, MPH, FAAP ]
Director, Prevention Policy Group
lsilver@phi.org
www.preventionpolicygroup.org
917-974-7065
2000 Center Street, Suite 308, Berkeley, CA 94704. www.preventionpolicygroup
A project of the Public Health Institute
Typical illicit psychoactive products being sold in California smoke
shops
2000 Center Street, Suite 308, Berkeley, CA 94704. www.preventionpolicygroup
A project of the Public Health Institute
2000 Center Street, Suite 308, Berkeley, CA 94704. www.preventionpolicygroup
A project of the Public Health Institute
2000 Center Street, Suite 308, Berkeley, CA 94704. www.preventionpolicygroup
A project of the Public Health Institute