DUANE SHERRILLEditor

Vape shops and businesses that sell THC products will be regulated if a specialty shop measure passes on second reading of the board of mayor and alderman after it was approved on its first read this past week. The new regulations stop short of declaring Tullahoma a “dry city” when it comes to THC.

The vote came after the Tullahoma Planning Commission sent a favorable recommendation to the city board about modifying the zoning ordinance that governs specialty shops. Director of Planning and Development Samuel Luthi revealed in his report to city leaders that the present zoning ordinance does not have a defined use when it comes to vape shops and smoke shops, many of which offer THC.

Concern was piqued when a TBI agent spoke to the planning commission recently, talking about the dangers of vapes that contain THC and how they have made their way into the schools, even into the hands of elementary students. The agent went on to say that regular convenience markets, which are currently able to sell vape and THC products, will be phased out when the new law takes effect next year, thereby leaving vape and smoke shops as the only ones who can legally sell such products. It was at that point that planning commission members agreed there should be kind of regulation to oversee the operation of specialty stores.

The new definition that was voted on 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.