Cigarette and tobacco products: retail sale: pharmacies.

Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacies by the California State Board of Pharmacy, and makes a violation of the Pharmacy Law a misdemeanor. This bill would prohibit a pharmacy from engaging in the retail sale of cigarettes or tobacco products. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. Existing law, the Cigarette and Tobacco Products Licensing Act of 2023, requires a retailer to hold a license from the California Department of Tax and Fee Administration to engage in the sale of cigarettes or tobacco products for each retail location. Existing law requires the department to issue a license to a retailer upon receipt of a completed application and payment of required fees, unless certain circumstances apply. This bill would prohibit the department from issuing a license to a retailer if the retailer is a pharmacy or the application is for a retail location that contains a pharmacy. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.