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Police Services
Up in Smoke

PRESENTED BY

Ross Trindle & Laura Crane

©2013 Best Best & Krieger LLP

Police Services
What are e-cigarettes?
• Battery powered tube like device, typically
built to look like a cigarette
• Release water vapor laced with "e juice" from
container
• "e juice" typically includes propylene glycol,
vegetable glycerin, flavorings, and pure
nicotine (non FDA regulated)
• Originates from vaporizers used by marijuana
smokers
• Very little research on effects
Police Services
Emerging Market
• Use increase among those smoking
combustible cigarettes 2010-10%; 2011-21%
(Center for Disease Control)
• Wells Fargo Sales Reports re Revenue: 2008$20M; 2012-$500M; 2013-$1B (projected)
• Top three cigarette manufacturers have started
marketing their own e-cigarettes

Police Services
California Law
• SB 648: Attempt to ban vaping in all areas
where smoking is banned.
• Was passed by Senate but died in Assembly
committee; now a two year bill to be revived in
next session
• Health & Safety Code section 119405 bans
sales to minors (2010)

Police Services
Local Legislation
• Long Beach: voted down ordinance to ban
vaping in public places with one council
member stating "I am not convinced e
cigarettes are dangerous"
• Some Bans (Ex. Benecia last week; Petaluma)
• Moratoriums (Seal Beach; Pico Rivera; Union
City)
• Riverside County: no vaping in county buildings
Police Services
Arguments Against
• Re-normalizes cigarette smoking
• Hard to tell difference between cigarette
smoking and vaping/ just make it simple
• Research is inconclusive on effects; No
research on long term effects
• Inhaling anything not intended to be put in
lungs decreases ability to breathe and has
potential long term problems
Police Services
Arguments Against
• Fruit and candy flavors encourages use among
children down a path to nicotine addiction
• Perceived non harmful effects encourage nonsmokers to become addicted to nicotine
• Use among middle and high schools users
increasing exponentially (Centers for Disease
Control)
• Can be used to disguise smoking hash oil in
public
Police Services
Advocate Arguments
• Helps decrease use of combustible cigarettes
• Some research shows significantly lower harmful
effects on smokers and no secondhand effects
• Inhaling water vapors is much better than tobacco
products
• Evidence of increased use among youth is alarmist
1) use is still only 6.8%; and 2) these numbers can
be kept down by outlawing sales to minors
• Use of e cigs for hash oil requires special
equipment because gums up the cigs
Police Services
Hookah Bars

Police Services
What is it?
• Water Pipe used to smoke sweet, often
flavored, tobacco
• Smoke is filtered through water in base of pipe
• Use flexible hoses stretching from pipe to
inhale tobacco smoke
• Place charcoal on top of pipe to heat the water
• Known to contain tar, carbon monoxide
nicotine, and other carcinogens from the coal
used to heat the tobacco
Police Services
California Law
• Indoor smoking and smoking in a workplace is banned.
• Hookah bars claim to fall under exemptions as tobacco
shop or not having employees
• Smoke shop legal def. (B&P 22962)

 Business whose “main purpose” is to sell tobacco
 Must generate more than 60% of gross revenues annually
from sale of tobacco products and tobacco paraphernalia
 Cannot sell alcoholic beverages or food for consumption on
the premises

• Labor Code: Cannot have workers where smoking
occurs
 Way around: owner operated
Police Services
Local regulation
• Moratoriums (Ex. Benecia through 2014)
• Restrict zoning (Garden Grove restricts zoning
and hours believing establishments attract
fighting and public disturbances)
• Ban (Escondido)

Police Services
Pros
• Multicultural social experience
• Some harmful ingredients are filtered in water
of the pipe

Police Services
Cons
• World Health Organization 2005 study shows
45-60 mins of smoking inhales the same
amount of smoke as smoking 100 cigarettes
• Harmful ingredients are not sufficiently filtered
in water
• Second hand smoke effects
• Sharing hoses risks transferring communicable
diseases such as tuberculosis and hepatitis
Police Services
Negative secondary impacts
• Crime
• Access/proliferation
• Quality of life
• Public safety

Police Services
Tools for Regulation & Enforcement
• The authority to regulate/ban is already there
 Check your state constitutions for local control

• Unity of purpose

 Cooperation between enforcement, legal counsel, and elected
officials to effectuate common policy goals
 Common understanding of goals and level of enforcement
contemplated
 Common public message

• Law enforcement task forces – municipal, county, state
 Regional solutions to a regional problem

• Cost recovery (including attorney fees)
Police Services
“Talking Points”
• These are public safety issues
 Primary effects—health and protection of minors
 Secondary effects—crime and public order

• These are quality of life issues
 Zoning
 Code Enforcement

• These are regional issues
 Criminals do not care about boundaries
 Consolidation = efficiency & cost savings
Police Services
Thank you for attending.
Ross Trindle/Laura Crane
Best Best & Krieger LLP
Ontario Office
Phone: (909) 989-8584
Email: ross.trindle@bbklaw.com;
laura.crane@bbklaw.com
www.bbklaw.com

Police Services

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Up in Smoke Presentation

  • 2. Up in Smoke PRESENTED BY Ross Trindle & Laura Crane ©2013 Best Best & Krieger LLP Police Services
  • 3. What are e-cigarettes? • Battery powered tube like device, typically built to look like a cigarette • Release water vapor laced with "e juice" from container • "e juice" typically includes propylene glycol, vegetable glycerin, flavorings, and pure nicotine (non FDA regulated) • Originates from vaporizers used by marijuana smokers • Very little research on effects Police Services
  • 4. Emerging Market • Use increase among those smoking combustible cigarettes 2010-10%; 2011-21% (Center for Disease Control) • Wells Fargo Sales Reports re Revenue: 2008$20M; 2012-$500M; 2013-$1B (projected) • Top three cigarette manufacturers have started marketing their own e-cigarettes Police Services
  • 5. California Law • SB 648: Attempt to ban vaping in all areas where smoking is banned. • Was passed by Senate but died in Assembly committee; now a two year bill to be revived in next session • Health & Safety Code section 119405 bans sales to minors (2010) Police Services
  • 6. Local Legislation • Long Beach: voted down ordinance to ban vaping in public places with one council member stating "I am not convinced e cigarettes are dangerous" • Some Bans (Ex. Benecia last week; Petaluma) • Moratoriums (Seal Beach; Pico Rivera; Union City) • Riverside County: no vaping in county buildings Police Services
  • 7. Arguments Against • Re-normalizes cigarette smoking • Hard to tell difference between cigarette smoking and vaping/ just make it simple • Research is inconclusive on effects; No research on long term effects • Inhaling anything not intended to be put in lungs decreases ability to breathe and has potential long term problems Police Services
  • 8. Arguments Against • Fruit and candy flavors encourages use among children down a path to nicotine addiction • Perceived non harmful effects encourage nonsmokers to become addicted to nicotine • Use among middle and high schools users increasing exponentially (Centers for Disease Control) • Can be used to disguise smoking hash oil in public Police Services
  • 9. Advocate Arguments • Helps decrease use of combustible cigarettes • Some research shows significantly lower harmful effects on smokers and no secondhand effects • Inhaling water vapors is much better than tobacco products • Evidence of increased use among youth is alarmist 1) use is still only 6.8%; and 2) these numbers can be kept down by outlawing sales to minors • Use of e cigs for hash oil requires special equipment because gums up the cigs Police Services
  • 11. What is it? • Water Pipe used to smoke sweet, often flavored, tobacco • Smoke is filtered through water in base of pipe • Use flexible hoses stretching from pipe to inhale tobacco smoke • Place charcoal on top of pipe to heat the water • Known to contain tar, carbon monoxide nicotine, and other carcinogens from the coal used to heat the tobacco Police Services
  • 12. California Law • Indoor smoking and smoking in a workplace is banned. • Hookah bars claim to fall under exemptions as tobacco shop or not having employees • Smoke shop legal def. (B&P 22962)  Business whose “main purpose” is to sell tobacco  Must generate more than 60% of gross revenues annually from sale of tobacco products and tobacco paraphernalia  Cannot sell alcoholic beverages or food for consumption on the premises • Labor Code: Cannot have workers where smoking occurs  Way around: owner operated Police Services
  • 13. Local regulation • Moratoriums (Ex. Benecia through 2014) • Restrict zoning (Garden Grove restricts zoning and hours believing establishments attract fighting and public disturbances) • Ban (Escondido) Police Services
  • 14. Pros • Multicultural social experience • Some harmful ingredients are filtered in water of the pipe Police Services
  • 15. Cons • World Health Organization 2005 study shows 45-60 mins of smoking inhales the same amount of smoke as smoking 100 cigarettes • Harmful ingredients are not sufficiently filtered in water • Second hand smoke effects • Sharing hoses risks transferring communicable diseases such as tuberculosis and hepatitis Police Services
  • 16. Negative secondary impacts • Crime • Access/proliferation • Quality of life • Public safety Police Services
  • 17. Tools for Regulation & Enforcement • The authority to regulate/ban is already there  Check your state constitutions for local control • Unity of purpose  Cooperation between enforcement, legal counsel, and elected officials to effectuate common policy goals  Common understanding of goals and level of enforcement contemplated  Common public message • Law enforcement task forces – municipal, county, state  Regional solutions to a regional problem • Cost recovery (including attorney fees) Police Services
  • 18. “Talking Points” • These are public safety issues  Primary effects—health and protection of minors  Secondary effects—crime and public order • These are quality of life issues  Zoning  Code Enforcement • These are regional issues  Criminals do not care about boundaries  Consolidation = efficiency & cost savings Police Services
  • 19. Thank you for attending. Ross Trindle/Laura Crane Best Best & Krieger LLP Ontario Office Phone: (909) 989-8584 Email: ross.trindle@bbklaw.com; laura.crane@bbklaw.com www.bbklaw.com Police Services