DUANE SHERRILLEditor

Those operating vape and THC shops in Tullahoma will now fall under tighter regulation after the city passed on second reading a measure to regulate specialty shops and restrict their operation within the city limits.

The new city code passed 6-0 and city administrator Jason Quick said he has talked to representatives from other communities who were happy to see Tullahoma championing the regulation of specialty shops.

“This means a lot to the community,” Quick said as the board of mayor and aldermen passed the measure on its second and final reading.

The move to regulate vape and THC shops came after an operative with the Tennessee Bureau of Investigation spoke about the dangers of THC vapes which have filtered into the school system as far as elementary school. It was pointed out there is little regulation about the sales of vapes and THC although a recently tightened state law will restrict such sales by gas stations and convenience stores next year. However, the law would still allow such sales at specialty shops. That is the loophole city leaders closed with their vote this past meeting.

The new definition that was passed by the board of mayor and aldermen included that:

A specialty shop is defined as any retail establishment that stocks and sells vape products or similar materials, including but not limited to:

a) Electronic cigarettes and vaping devices

b) E-liquids and cartridges

c) Edibles, concentrates, or oil containing cannabis derivatives (including but not limited to

CBD, Delta-8, Delta-9, or similar compounds permitted by law.

d) Kratom, glassware, pipes, vaporizers, and other smoking or inhalation accessories

e) Any other substances or paraphernalia that may reasonably be associated with vaping or alternative inhalation/consumption

(2) A retail establishment shall be considered a specialty shop if twenty-five percent (25%) or more of its public customer sales floor area is dedicated to the display, promotion, or sale of any combination of the product categories listed above.

(3) The remaining portion of the sales floor may be used for other retail purposes, provided those areas do not primarily promote or sell the product types defined in this section.

To regulate the businesses under the specialty shop umbrella, a specialty shop board will be appointed, serving like the beer board does to oversee places that sell beer, enforcing violations of the city code with fines and sanctions.

“All specialty shops shall operate in full compliance with the provisions of this chapter, state law, and the regulations of any state agency or licensing board with authority over tobacco and vapor products, including but not limited to the Tennessee Alcoholic Beverage Commission, and the Tennessee Department of Revenue,” the new regulation reads, noting a license will be required for any businesses falling under the new specialty shop moniker. Anyone wanting such a license will have to pay $250 to apply and they must have lived in Tullahoma for at least two years. “No license shall be granted for the operation of a specialty store when, in the opinion of the Vape Board, expressed by a majority thereof, the operation of such a business at the premises identified in the application would be in too close proximity to a church, school, or public institution, or would otherwise be detrimental to the public interest.”

The distance rule would require such shops not be within 300 feet of schools, churches, funeral homes, community center, libraries, hospitals or recreation areas. Like the liquor ordinance in Tullahoma, the number of such shops is limited by population, meaning just one license per 4,000 in population, meaning only five licenses would now be available. The city already has more than double that number in operation so they would be grandfathered in. Present owners cannot transfer their licenses.