Tobacco, vaping and cannabis regulations

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On Aug. 27, 2019, the City Council adopted Ordinance No. 1056(PDF, 1MB)  permitting the personal use and indoor cultivation of cannabis in accordance with state law, prohibiting outdoor personal cultivation of cannabis, and prohibiting all commercial cannabis land uses within the City Menlo Park.
The ordinance became effective Sept. 26, 2019.

On Dec. 17, 2019, the City Council adopted Ordinance No. 1064(PDF, 5MB)  restricting the sale of all tobacco products in pharmacies, and flavored tobacco products and electronic cigarettes/vaping products in tobacco retailers within Menlo Park.
The ordinance became effective Jan. 17, 2020*.

On Feb. 13, 2024, the City Council adopted Ordinance No. 1112(PDF, 889KB)  updating regulations for tobacco retailers by reference of Chapter 4.98 from the San Mateo County Code of Ordinances. The changes include consolidating definitions, adding permitting requirements and designating County of San Mateo to administer the ordinance on behalf of Menlo Park.

The amendments clarify the County of San Mateo's authority concerning tobacco retailer operations within incorporated areas. The amendments also grant cities the option to maintain the County's authority for the uniform administration of tobacco retailer operations regulations across the entire county on behalf of cities. This is achieved by permitting cities to adopt the County's updated Tobacco Retailer Permit Ordinance by reference.
The ordinance became effective March 14, 2024.

Key provisions of Menlo Park's ordinances
  • Permitted personal cannabis use
  • Prohibited personal outdoor cannabis cultivation
  • Commercial cannabis prohibition
  • No flavored tobacco products (includes menthol cigarettes)
  • No electronic cigarettes
  • No free tobacco product samples/coupons
  • No out of package tobacco product samples
  • No self-service tobacco product displays
  • No tobacco products in pharmacies
  • Tobacco retailer licensing requirements
  • Age restrictions
  • Advertising and marketing regulations
  • Retailer compliance inspections

*Before Jan. 17, 2020, local tobacco retailers received a visit by a trained volunteer to help answer any questions about the ordinance and to support retailer compliance.