products, and illegal gambling machines. The inspections also resulted in the arrest of several individuals involved in these illegal activities.
Amidst continued public health and safety concerns, particularly regarding crime, the sale of tobacco to minors, and adverse impacts on public health, there is a pressing need for the City to enact regulations. Several key actions in California highlight the ongoing challenges posed by tobacco retailing.
On September 23, 2024, the California Department of Public Health (“CDPH”) promulgated emergency regulations related to industrial hemp and the threat to public health, safety, and welfare, particularly to minors. These regulations were published at the direction of California Governor Gavin Newsom, citing the increasing amounts of safety concern for the adverse health effects of intoxicating hemp food and beverage products. These emergency regulations aim to combat hemp products containing tetrahydrocannabinol (“THC”) that skirt the age and sale restrictions that have been placed on recreational marijuana sold through licensed and regulated dispensaries.
Industrial hemp, as defined under state law, is permitted to contain a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis; however, the emergency regulations prohibit industrial hemp final form food and beverage products, specifically, from containing any detectable level of THC. Hemp food and beverage products have been found to be sold in tobacco retailer businesses with marketing aimed toward children featuring cartoon characters, colorful packaging, and sweet candy flavors.
The emergency regulations published by CDPH expand on the number of psychoactive cannabinoids that will need to be undetectable in industrial hemp final food form products, including edibles such as gummies, other candies, and drinks, as well as restricting the serving sizes such products contain to five servings or less and limiting sales of the products to consumers who are at least 21 years of age.
Aside from these emergency regulations, many state laws have been adopted, which acknowledge the public health impacts of tobacco, especially flavored tobacco products, and specifically its effect on minor. For example, state law prohibits public school students from smoking or using tobacco products, while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees. State law also prohibits smoking in playgrounds. State law also prohibits smoking within 20 feet of the main entrances and exits of public buildings.
On November 8, 2022, California voters upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, most flavored tobacco products including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations.
Given these circumstances, the City Council recognizes the urgent need to address this public health and safety issue. The proposed moratorium on tobacco retailer businesses aims to tackle the immediate concerns of increased accessibility and the attractiveness of tobacco and hemp products to the City’s youth, and increasing amounts of crime and safety issues presented by #28..
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City Council, October 8, 2024
Temporary Moratorium on all New Tobacco Retailer Businesses/Smoke Shops Within the City of Modesto
such businesses. This moratorium will provide the City with the necessary time to assess the current situation, consider possible regulations and measures to protect the community and bring forward a proposed path forward to the Council.
DISCUSSION:
California Government Code section 36937 authorizes the City Council to adopt an urgency ordinance for “the immediate preservation of the public peace, health, or safety.” Government Code section 65858 authorizes the City Council to adopt an interim ordinance “to protect the public safety, health, and welfare… to prohibit any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time.”
As noted above, there is an immediate need to preserve and protect the public peace, health, safety, and welfare from the effects of tobacco use, tobacco retailing, hemp retailing, and other criminal activities that have been associated with these establishments. City staff has already begun to analyze potential options available to the City in terms of regulation, and how other jurisdictions approach such problem businesses. These efforts are expected to result in a proposed ordinance or update to the City’s laws. Thus, an urgency ordinance meets the requirements of Government Code sections 36937 and 65858, and is needed, immediately.
This moratorium will apply exclusively to retailers within the City that meet the criteria of a “tobacco retailer business” which means a retailer or wholesale business or any person that: (1) sells, offers for sale, or offers to exchange for any form of consideration, tobacco, hemp products, tobacco products, or tobacco and cannabis paraphernalia; and (2) has 15% or more of the square feet in the establishment used for the sale or display of tobacco, tobacco products, or tobacco and cannabis paraphernalia, as defined in the Ordinance.
During the moratorium, no new license, permit, or other land use approval may be approved or issued by the City. This includes the issuance of a business license, building permit, conditional use permit, or other land use approval for the establishment, relocation, or physical expansion of a tobacco retailer business.
The attached Urgency Ordinance includes the requisite Government Code findings and, if adopted, would provide a 45-day moratorium to provide staff with time to research, study, and prepare recommendations for the Council’s consideration. If adopted, no new tobacco retailing business, use, or operation may be established in the City. Such an ordinance must be approved by a four-fifths vote of the Council. Thereafter, the Ordinance would remain in effect for 45 days unless repealed, terminated, or extended by the Council pursuant to Government Code section 65858.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
COMMITTEE RECOMMENDATION:
Because of the urgent nature of this item and the ability of the Council to act without prior committee approval, this ordinance was not presented to any committees. #28..
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City Council, October 8, 2024
Temporary Moratorium on all New Tobacco Retailer Businesses/Smoke Shops Within the City of Modesto
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Motion introducing and waiving the first reading of an urgency ordinance making findings and establishing a temporary moratorium on the establishment of new and relocation or physical expansion of existing tobacco retailer businesses, also known as smoke shops, within the City of Modesto to become effective immediately.
Approved by:
__________________________________
Brandon Gillespie, Police Chief
_____
Jose M. Sanchez, City Attorney
__________
Joseph P. Lopez, City Manager
Attachments:
1. Proposed Ordinance
2. CDPH Emergency Regulations main website page
3. CDPH Notice of Proposed Emergency Regulatory Action
4. CDPH Finding of Emergency
5. CDPH Emergency Regulations Text
6. Forbes Article “California Governor Unveils Emergency Ban on Hemp Products with THC”
7. FDA Article “5 Things to Know about Delta-8 Tetrahydrocannabinol- Delta- THC”
8. KCRA3 Article “Arrests Made as Modesto Police Investigate Illegal Tobacco, Cannabis Sales”
9. Press Release: Modesto Police Crack Down on Illegal Tobacco and Cannabis Sales
10. Modesto Bee Article “Modesto Police Raid Smoke Shops, seizing flavored tobacco, cannabis and gambling machines”
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1 ORDINANCE NO. XX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MODESTO
MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM ON
THE ESTABLISHMENT OF NEW AND RELOCATION OR PHYSICAL EXPANSION
OF EXISTING TOBACCO RETAILER BUSINESSES, ALSO KNOWN AS SMOKE
SHOPS, WITHIN THE CITY OF MODESTO TO BECOME EFFECTIVE
IMMEDIATELY
WHEREAS, the City of Modesto (the “City”) is a municipal corporation duly organized as a Charter City under the constitution and laws of the State of California; and WHEREAS, the City Council has broad discretion pursuant to Article II, Sections 200 and 201 of the City Charter; California Constitution Article XI, Section 5; and the general law of the state, including, but not limited to, the California Planning and Zoning Law (Gov. Code section 65000 et seq.), to legislate for public purposes and for the general welfare, including, but not limited to, matters of public health and safety; and WHEREAS, the City protects the public health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing, and health and safety regulations on specified commercial activities; and WHEREAS, Government Code section 65858, subdivision (a) provides that the legislative body of a city may, to protect the public safety, health, and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal the City Council is considering or studying or intends to study; and
WHEREAS, the City has seen a proliferation of tobacco retailer businesses, also known as smoke shops, within the City; and
WHEREAS, there are currently 41 tobacco retailer businesses/smoke shops who have an active business license in the City of Modesto. Staff and the Police Department are currently assessing whether there are additional establishments operating without a business license in the City; and”
WHEREAS, the City is concerned about this recent proliferation of tobacco retailer businesses, locations of tobacco retailer businesses, the harmful effects of tobacco and other products sold at these establishments containing industrial hemp on the health, safety, and welfare of City residents and especially youth; and
WHEREAS, tobacco retailer businesses have also been a source of unlawful activities in the City, which, if not curtailed present an immediate threat to the public health, safety, and welfare; and
WHEREAS, tobacco retailer businesses can be a target for theft and vandalism, as well as may be affiliated with the sale of illegal cannabis products and drug paraphernalia that encourage illegal activity; and
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2 WHEREAS, within the last year, the Modesto Police Department conducted inspections at various tobacco retailers throughout the City, resulting in the seizure of marijuana/cannabisinfused items, illicit drugs, flavored tobacco products, and illegal gambling machines. These inspections also resulted in the arrest of several individuals involved in these illegal activities; and
WHEREAS, on September 23, 2024, the California Department of Public Health (“CDPH”) promulgated emergency regulations related to industrial hemp and the threat to public health, safety, and welfare, particularly to minors; and WHEREAS, the CDPH regulations come after California Governor Gavin Newsom directed the CDPH to draft emergency regulations, citing the increasing amounts of safety concerns from the adverse health effects of intoxicating hemp food and beverage products; and WHEREAS, the emergency regulations aim to combat hemp products containing tetrahydrocannabinol (“THC”) that skirt the age and sale restrictions that have been placed on recreational marijuana sold through licensed and regulated dispensaries; and WHEREAS, hemp products have been found to be sold in tobacco retailer businesses, or smoke shops, with marketing aimed toward children featuring colorful packaging designs and sweet candy flavors; and
WHEREAS, as currently defined under state law, “industrial hemp” is permitted to contain a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis; however, the emergency regulations prohibit industrial hemp final form food and beverage products, specifically, from containing any detectable level of THC; and WHEREAS, the emergency regulations expand on the number of psychoactive cannabinoids that will need to be undetectable in industrial hemp final food form products, including edibles such as gummies, other candies and drinks as well as restricting the serving sizes such products contain to five servings or less and limiting sales of the products to consumers who are at least 21 years of age; and
WHEREAS, aside from new regulations related to hemp, many state laws have been adopted, which acknowledge the public health impacts of tobacco, especially flavored tobacco products, and specifically its effect on minors. For example, state law prohibits public school students from smoking or using tobacco products while on campus, while attending schoolsponsored activities, or while under the supervision or control of school district employees. State law also prohibits smoking in playgrounds. State law also prohibits smoking within twenty (20) feet of the main entrances and exits of public buildings; and WHEREAS, on November 8, 2022, California voters upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, most flavored tobacco products including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations; and
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3 WHEREAS, on October 7, 2023, Governor Newsom signed into law AB 935, strengthening the enforcement of the flavored tobacco retail law and broadening the definition of retail location; and
WHEREAS, cities still retain the authority to draft and enforce local flavored tobacco bans for products; and
WHEREAS, Government Code section 36937 authorizes the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety; and WHEREAS, Government Code section 65858 provides that to protect against any current and immediate threats to public health, safety, or welfare, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City plans to study; and WHEREAS, this temporary moratorium will provide staff with the opportunity to study the various options to regulate tobacco retailer businesses.
NOW, THEREFORE, the City Council of the City of Modesto hereby ordains as follows:
SECTION 1. Recitals.
The above recitals are true and correct and are hereby adopted as the City Council’s findings.
SECTION 2. Purpose and Authority.
In the interest of protecting the health, safety, and welfare of the residents in the City of Modesto, it is the purpose and intent of this Ordinance to place a temporary moratorium on the issuance of any new permit, license, or other entitlement for any tobacco retailer business, also known as smoke shop, in the City of Modesto. This includes any new permit, license, or other entitlement for the relocation or physical expansion of existing business falling under the definition of a tobacco retailer as defined under this Ordinance. The City Council has the authority to adopt this Ordinance pursuant to California Government Code section 65858 as an urgency measure prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying.
SECTION 3. Findings.
The City Council hereby finds and determines that Tobacco Retailer Businesses and Smoke Shops constitute an immediate threat to the public health, safety, and welfare. The approval of additional entitlements for Tobacco Retailer Businesses and approval of the relocation or physical expansion of existing Tobacco Retailer Businesses under the City’s current regulations will further threaten the public health, safety, and welfare. The adoption of this Urgency Ordinance is therefore necessary for the immediate protection of public health, safety, and welfare. The above recitals are incorporated herein by reference as true and correct and as the Council’s findings.
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4 SECTION 4. Definitions.
A. “Person” shall mean any individual natural person, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
B. “Tobacco Paraphernalia” means any device, product, equipment, or material of any kind that is intended or designed for use for smoking, inhaling, or ingesting tobacco or cannabis, notwithstanding that the device, product, equipment, or material may also be used for smoking, inhaling, or ingesting any controlled substance. Tobacco paraphernalia includes, but is not limited to, all of the following: (i) metal, ivory, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured bowls; (ii) water pipes; (iii) bongs; (iv) chillums; (v) ice pipes or chillers; (vi) cigarette papers or wrappers; (vii) cigarette rolling machines; (viii) blunt wraps, as defined in Section 308 of the Penal Code; (ix) hookahs and similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested; and (x) any electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. Tobacco Paraphernalia shall include any component, part, or accessory of the foregoing, whether or not sold separately.
C. “Tobacco Product” means any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, e-cigarettes (with or without flavoring), cigars, little cigars, chewing tobacco, pipe tobacco, or snuff, or vaping accessories. Tobacco Product shall include any component, part, or accessory of the foregoing, whether or not sold separately. Tobacco Product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketing and solely for such an approved purpose.
D. “Tobacco Retailer Business” or “Smoke Shop” shall mean a retailer or wholesale business or any person that: (1) sells, offers for sale, or offers to exchange for any form of consideration, tobacco, hemp products, Tobacco Products, or Tobacco Paraphernalia; and (2) has fifteen percent (15%) or more of the square feet in the establishment used for the sale or display of tobacco, hemp products, Tobacco Products, or Tobacco Paraphernalia.
SECTION 5. Moratorium Imposed.
A. Scope. In accordance with the authority granted the City of Modesto under Article XI, Section 7 of the California Constitution and California Government Code section 65858, #28..
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5 from and after the effective date of this Ordinance, no license, permit, or other entitlement for use, including, but not limited to, the issuance of a business license, building permit, conditional use permit, or other land use approval, shall be approved or issued by the City for the establishment, relocation or physical expansion of a Tobacco Retailer Business. Additionally, the establishment, relocation, or physical expansion of the Tobacco Retailer Business is hereby expressly prohibited in all areas and zoning districts of the City.
B. Exceptions. This Ordinance shall not prohibit the renewal of a business license for an existing Tobacco Retailer Business, provided that the renewal seeks to maintain the business without physical expansion and in its current location, and the Tobacco Retailer Business is operating in a manner, and housed within a building, which complies with all City, State, Federal, or otherwise applicable, codes, rules, regulations, or laws.
SECTION 6. Violation.
Except as otherwise permitted under this Ordinance, the establishment, relocation, or physical expansion of a Tobacco Retailer Business within the limits of the City is declared to be a public nuisance. Violations of this Ordinance may be enforced by any applicable laws or ordinances, including, but not limited to, injunctions or administrative or criminal penalties under the Modesto Municipal Code.
SECTION 7. Term of Ordinance.
This Ordinance shall be in effect from the date of adoption for a period of forty-five (45) days, unless it is extended pursuant to California Government Code section 65858 or other applicable law, as approved by the City Council.
SECTION 8. Environmental Review / California Environmental Quality Act (CEQA).
This Ordinance is intended to preserve the status quo, and it will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. The enactment of this Ordinance, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA.
SECTION 9. Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions be severed, and the balance of the Ordinance be enforced.
SECTION 10. Effective Date and Publication.
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6 This Ordinance, passed by at least a four-fifths vote of the City Council, is declared to be an interim Urgency Ordinance for preserving the public health, safety, and welfare and shall take effect and be enforced immediately upon adoption pursuant to Government Code section 36937.
PASSED and ADOPTED this 8th day of October, 2024 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED: ___________________________
SUE ZWAHLEN, Mayor
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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7 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ____ day of _______, 2024, _____________ moved its final adoption, which motion being duly seconded by Councilmember ____________, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
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5 Things to Know about Delta-8 Tetrahydrocannabinol –
Delta-8 THC
Español (/consumers/articulos-para-el-consumidor-en-espanol/5-cosas-que-debe-saber-sobre-el-delta-8-tetrahidrocannabinol-o-delta-8-thc) Delta-8 tetrahydrocannabinol, also known as delta-8 THC, is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant. As a result, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD).
It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context. They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets.
Here are 5 things you should know about delta-8 THC to keep you and those you care for safe from products that may pose serious health risks:
1. Delta-8 THC products have not been evaluated or approved by the FDA for safe use and may be marketed in ways that put the public health at risk.
The FDA is aware of the growing concerns surrounding delta-8 THC products currently being sold online and in stores. These products have not been evaluated or approved by the FDA for safe use in any context. Some concerns include variability in product formulations and product labeling, other cannabinoid and terpene content, and variable delta-8 THC concentrations. Additionally, some of these products may be labeled simply as “hemp products,” which may mislead consumers who associate “hemp” with “non-psychoactive.” Furthermore, the FDA is concerned by the proliferation of products that #28..
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contain delta-8 THC and are marketed for therapeutic or medical uses, although they have not been approved by the FDA. Selling unapproved products with unsubstantiated therapeutic claims is not only a violation of federal law, but also can put consumers at risk, as these products have not been proven to be safe or effective. This deceptive marketing of unproven treatments raises significant public health concerns because patients and other consumers may use them instead of approved therapies to treat serious and even fatal diseases.
2. The FDA has received adverse event reports involving delta-8 THC-containing products.
The FDA received 104 reports of adverse events in patients who consumed delta-8 THC products between December 1, 2020, and February 28, 2022. Of these 104 adverse event reports:
77% involved adults, 8% involved pediatric patients less than 18 years of age, and 15% did not report age.
55% required intervention (e.g., evaluation by emergency medical services) or hospital admission. 66% described adverse events after ingestion of delta-8 THC-containing food products (e.g., brownies, gummies).
Adverse events included, but were not limited to: hallucinations, vomiting, tremor, anxiety, dizziness, confusion, and loss of consciousness.
National poison control centers received 2,362 exposure cases of delta-8 THC products between January 1, 2021 (i.e., date that delta-8 THC product code was added to database), and February 28, 2022. Of the 2,362 exposure cases:
58% involved adults, 41% involved pediatric patients less than 18 years of age, and 1% did not report age.
40% involved unintentional exposure to delta-8 THC and 82% of these unintentional exposures affected pediatric patients.
70% required health care facility evaluation, of which 8% resulted in admission to a critical care unit; 45% of patients requiring health care facility evaluation were pediatric patients.
One pediatric case was coded with a medical outcome of death.
3. Delta-8 THC has psychoactive and intoxicating effects.
Delta-8 THC has psychoactive and intoxicating effects, similar to delta-9 THC (i.e., the component responsible for the “high” people may experience from using cannabis). The FDA is aware of media reports of delta-8 THC products getting consumers “high.” The FDA is also concerned that delta-8 THC products likely expose consumers to much higher levels of the substance than are naturally occurring in hemp cannabis raw extracts. Thus, historical use of cannabis cannot be relied upon in establishing a level of safety for these products in humans.
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4. Delta-8 THC products often involve use of potentially harmful chemicals to create the concentrations of delta-8 THC claimed in the marketplace.
The natural amount of delta-8 THC in hemp is very low, and additional chemicals are needed to convert other cannabinoids in hemp, like CBD, into delta-8 THC (i.e., synthetic conversion). Concerns with this process include:
Some manufacturers may use potentially unsafe household chemicals to make delta-8 THC through this chemical synthesis process. Additional chemicals may be used to change the color of the final product. The final delta-8 THC product may have potentially harmful by-products (contaminants) due to the chemicals used in the process, and there is uncertainty with respect to other potential contaminants that may be present or produced depending on the composition of the starting raw material. If consumed or inhaled, these chemicals, including some used to make (synthesize) delta-8 THC and the by-products created during synthesis, can be harmful.
Manufacturing of delta-8 THC products may occur in uncontrolled or unsanitary settings, which may lead to the presence of unsafe contaminants or other potentially harmful substances.
5. Delta-8 THC products should be kept out of the reach of children and pets.
Manufacturers are packaging and labeling these products in ways that may appeal to children (gummies, chocolates, cookies, candies, etc.). These products may be purchased online, as well as at a variety of retailers, including convenience stores and gas stations, where there may not be age limits on who can purchase these products. As discussed above, there have been numerous poison control center alerts involving pediatric patients who were exposed to delta-8 THC-containing products.
Additionally, animal poison control centers have indicated a sharp overall increase in accidental exposure of pets to these products. Keep these products out of reach of children and pets.
Why is the FDA notifying the public about delta-8 THC?
A combination of factors has led the FDA to provide consumers with this information. These factors include:
An uptick in adverse event reports to the FDA and the nation’s poison control centers.
Marketing, including online marketing of products, that is appealing to children.
Concerns regarding contamination due to methods of manufacturing that may in some cases be used to produce marketed delta-8 THC products.
The FDA is actively working with federal and state partners to further address the concerns related to these products and monitoring the market for product complaints, adverse events, and other emerging cannabis-derived products of potential concern. The FDA will warn consumers about public health and #28..
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safety issues and take action, when necessary, when FDA-regulated products violate the law.
How to report complaints and cases of accidental exposure or adverse events:
If you think you are having a serious side effect that is an immediate danger to your health, call 9-1-1 or go to your local emergency room. Health care professionals and patients are encouraged to report complaints and cases of accidental exposure and adverse events to the FDA’s MedWatch Safety Information and Adverse Event Reporting Program:
Call an FDA Consumer Complaint Coordinator (/safety/report-problem-fda/consumer-complaintcoordinators) if you wish to speak directly to a person about your problem.
Complete an electronic Voluntary MedWatch form
(https://www.accessdata.fda.gov/scripts/medwatch/) online or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the form, or submit by fax to 1-800- FDA-0178.
Complete a paper Voluntary MedWatch form (/media/85598/download) and mail it to the FDA.
To report adverse events in animals to the FDA’s Center for Veterinary Medicine, please download and submit Form FDA 1932a found at: www.fda.gov/ReportAnimalAE (/animal-veterinary/reportproblem/how-report-animal-drug-and-device-side-effects-and-product-problems).
FDA Issues Warning Letters: FDA, FTC Continue Joint Effort to Protect Consumers Against Companies Illegally Selling Copycat Delta-8 THC Food Products (/news-events/pressannouncements/fda-ftc-continue-joint-effort-protect-consumers-against-companies-illegally-sellingcopycat-delta-8) Warning Letters: Warning Letters and Test Results for Cannabidiol-Related Products (/newsevents/public-health-focus/warning-letters-cannabis-derived-products) For more information about Delta-8 THC: CDC HEALTH ALERT NETWORK (HAN) (https://emergency.cdc.gov/han/2021/han00451.asp)
The American Association of Poison Control Centers (AAPCC) maintains the National Poison Data System (NPDS), which houses de-identified case records of self-reported information collected from callers during exposure management and poison information calls managed by the country’s poison control centers (PCCs). NPDS data do not reflect the entire universe of exposures to a particular substance as additional exposures may go unreported to PCCs; accordingly, NPDS data should not be construed to represent the complete incidence of U.S. exposures to any substance(s). Exposures do not necessarily represent a poisoning or overdose and AAPCC is not able to completely verify the accuracy of every report. Findings based on NPDS data do not necessarily reflect the opinions of AAPCC.
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Modesto police raid smoke shops, seizing flavored tobacco, cannabis and gambling machines BY KEN CARLSON UPDATED MARCH 31, 2024 9:10 AM |
Image taken from video of Modesto police crackdown on illegal tobacco and cannabis product sales Modesto Police Department Modesto police, in collaboration with a state agency, confiscated thousands of dollars’ worth of illegal products at smoke shops including flavored tobacco, marijuana, gambling machines, drug paraphernalia and psychedelic mushrooms.
The operation with the California Department of Tax and Fee Administration resulted in eight arrests and seizure of an illegal firearm, police said Thursday. According to a news release, authorities received complaints regarding the sale of cannabis-infused products and flavored tobacco at local businesses.
Notices were sent to a half dozen businesses telling them to cease and desist. In some cases, edibles containing cannabis were packaged and sold as copycat versions of popular food and candy products to make them attractive to young people, the news release said. The businesses were not licensed to sell cannabis.
The agencies conducted compliance checks Monday at smoke shops on Paradise Road, Yosemite Avenue, Maze Boulevard and McHenry Avenue. “This crackdown serves as a reminder of the dangers and criminal activities associated with the illegal sale of such products,” Modesto police said. “Not only does it pose risks to public health and safety, but it also impacts the quality of life for our residents.” This story was originally published March 30, 2024, 1:31 PM. KEN CARLSON THE MODESTO BEE 209-578- 2321 Ken Carlson covers county government and health care for The Modesto Bee. His coverage of public health, medicine, consumer health issues and the business of health care has appeared in The Bee for 15 years.
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FOR IMMEDIATE RELEASE – March 28, 2024
Modesto Police Crack Down on Illegal Tobacco and Cannabis Sales Modesto, CA – On Monday, March 25, 2024, the Modesto Police Department, in collaboration with agents from the California Department of Tax and Fee Administration, followed up on complaints from concerned residents and businesses regarding the sale of cannabis-infused and flavored tobacco products. This includes cannabis-infused edibles that are being packaged and sold as copycat versions of popular food and candy products that target our youth.
Two separate notices had been sent out to local businesses advising them to cease and desist if they were selling any of the illegal products.
Compliance checks were conducted at the following locations:
- West Side Smoke Shop, 506 Paradise (near a park and high school) - J’s Smoke Shop, 2019 Yosemite
- Smoke City, 2015 #B and 2015 #A Yosemite Blvd.
- Maze Smoke Shop, 101 Maze Blvd.
- Smoking Jay’s, 302 McHenry
- Smoke City, 1601 Yosemite Blvd. #H
The operation resulted in:
- 8 arrests
- Seizure of over $10,000 from illegal gambling activities - Discovery of an illegal firearm
- Confiscation of thousands of dollars’ worth of illegal products, including flavored tobacco, marijuana, drug paraphernalia, cannabis-based products, psilocybin mushrooms - Confiscation of 10 gambling machines
Furthermore, building safety violations were located at all six locations.
The Modesto Police Department extends a huge thank you to our personnel from patrol, Area Command, Investigative Services Division, and to the California Department of Tax and Fee Administration for their dedication and hard work in ensuring the success of this operation.
This crackdown serves as a reminder of the dangers and criminal activities associated with the illegal sale of such products. Not only does it pose risks to public health and safety, but it also impacts the quality of life for our residents. The Modesto Police Department remains committed to upholding the law and ensuring a safe and secure community for everyone.
The Modesto Police Department takes these complaints from our community seriously and will be conducting additional enforcement operations in the near future.
Video posted to social media: https://fb.watch/uZD30Whqw0/ #28..
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OFFICE OF THE CITY CLERK
NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, OCTOBER 8, 2024 AT 4:30 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Six Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Baljit Athwal, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-00496
Frank Carson v. Stanislaus County et al.
United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.
United States Eastern District
Case No.: 1:20-CV-00770
Magda Abraham v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-18-003342
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BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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