Denver’s Tobacco & Vape Flavor Ban

DENVER CO — Flavored Tobacco Ban and Referendum 310
In December 2024, the Denver City Council passed an ordinance banning the sale of most flavored tobacco and vaping products—including flavored e-cigarettes, menthol cigarettes, flavored cigars, chew and nicotine pouches—within the city limits. The ban was set to take effect with enforcement beginning in early 2026, though retailers were advised to remove flavored products earlier. (Denver 7 Colorado News)

Because many local small businesses, including vape shops, opposed the ban, opponents gathered enough signatures to force a public vote on the issue. That ballot question, Referendum 310, asked Denver voters whether to retain the flavored tobacco ban (a “yes” vote) or repeal it and allow sales to resume (a “no” vote). Supporters of the ban and arguably big tobacco companies behind funding for such big pushes of such local legislation framed it as a public health measure to protect children and reduce long-term addiction, while opponents argued it would hurt local retailers, drive customers to neighboring cities, and reduce millions in tax revenue. (Colorado Coalition for the Homeless)

In the November 2025 election, Denver voters overwhelmingly chose to keep the ban in place, with about 70% supporting Referendum 310. With this result, Denver will now move forward with enforcing the ban on flavored tobacco and vape products—a decision that will significantly affect local smoke shops and consumers, revoking consumer rights, while aligning with similar public health efforts in other Colorado municipalities (Cancer Action Network)

Smoker’s Island’s Statement:

Smoker’s Island strongly opposes Referendum 310 and the flavored tobacco ban in Denver, as it strips lawful adult consumers of their right to choose legal products. Our business serves adults who rely on flavored vape and tobacco products as an alternative to combustible cigarettes or as a personal and safer preference. We have always supported strict age verification and responsible retail practices, and we agree that youth access should never be tolerated. However, banning products that are intended for use by adults is not a balanced or effective solution, that is resulting in a slew of economic and consumer right implications.

This ban does not eliminate demand—it simply pushes consumers outside Denver city limits or into unregulated markets. As a result, Denver loses millions of dollars in tax revenue while small, locally owned businesses suffer the consequences. Meanwhile, neighboring cities benefit from increased sales, and consumers are forced to travel farther or seek products from sources with less oversight. These outcomes do nothing to improve public health and instead weaken consumer protections and local economic stability.

Smoker’s Island believes meaningful regulation should focus on enforcement, education, and accountability—not prohibition. Denver has successfully regulated alcohol and cannabis through licensing and compliance rather than outright bans, and nicotine products should be treated with the same logic and fairness. We stand for adult consumer rights, small business sustainability, and evidence-based policy that protects youth without punishing responsible adults or dismantling local businesses that have operated lawfully and transparently for years.

What is Vape? Is it really healthier?

With traditional cigarettes, combustion produces thousands of chemicals, including tar, formaldehyde, benzene, and many other harmful substances that contribute to health risks like lung cancer and respiratory issues.

Vaping typically involves heating a liquid that contains propylene glycol, vegetable glycerin, flavorings, and nicotine—and usually, it’s delivered in a much cleaner form. The nicotine in vaping liquids, especially with salt nicotine, is often more efficiently absorbed, but the key point is that vaping doesn’t produce combustion byproducts. This means that it generally avoids many of the harmful chemicals found in cigarette smoke.

Council Members Who Voted Yes On Bill 24-1765 to Ban Tobacco Products:

Mayor Mike Johnston
Flor Alvidrez
Stacie Gilmore
Serena Gonzales-Gutierrez
Chris Hinds
Paul Kashmann
Shontel Lewis
Sarah Parady
Amanda Sandoval
Amanda Sawyer
Jamie Torres
Darrell Watson

Opposed: Kevin Flynn (Supports our Rights to Vape)

Haley Foster brought this argument to Denver’s City Council through Aurora Partners for Thriving Youth Coalition

(Sentinel Colorado)