Wake County backs new rule to reduce student smoking and vaping
This story was updated on Oct. 17, 2023, after the Wake County Board of Commissioners voted on this issue.
Months after student vaping forced a local high school to close half its restrooms, Wake County took another step to keep young people from smoking.
New stores that sell tobacco and hemp products must now be at least 1,000 feet from schools, parks, greenways, homes, and other tobacco and hemp retailers. The rule approved Monday applies to the county’s unincorporated areas and to towns that adopt it.
“Evidence shows that reducing the availability of tobacco to minors is an effective way to curb its use,” said Shinica Thomas, chair of the Wake County Board of Commissioners, in a news release. “As a board, we are committed to the health, safety and quality of life of all of our residents — especially our children.”
Earlier this year, the Wake County Public School System asked the county and municipalities to do something about the proximity of tobacco stores to school grounds.
State law prohibits local governments from regulating the sale and distribution of tobacco products, so leaders are turning to land-use rules.
County planner Terry Nolan told the county commissioners in September that, while distance might not be as big a deterrent as higher prices, “we have authority to control where land uses are able to go.”
“Our authority is quite broad in terms of using zoning and land-use regulations to benefit the public welfare,” Nolan said. “This is commonly used for sexually oriented businesses, and Wake County has an ordinance (for those) that is very similar to this tobacco and hemp ordinance related to distance.”
800 tobacco stores in Wake County
Wake County defines tobacco and hemp retail as any product that contains tobacco or nicotine; products that contain a certain level of THC, including Delta 8 and Delta 9; and products that contain Kratom, which has addictive, opioid-like qualities. The definition includes electronic devices that dispense nicotine, THC and other substances.
A 2022 survey found 1 in 8 high school students in North Carolina use a tobacco product, with vape pens or e-cigarettes the most popular product.
About 800 stores in Wake County sell tobacco products, including about 30 in unincorporated areas.
Apex, Fuquay-Varina, Knightdale, Rolesville and Zebulon already require such stores to be 500 to 1,000 feet from schools when tobacco and hemp are the primary items being sold. Gas stations and grocery stores are excluded.
Raleigh and Cary do not have local regulations for tobacco and hemp retailers, and Nolan said many stores are close to schools. Broughton High School in Raleigh is under 400 feet from Tobacco Maxx on West Peace Street, she said.
Raleigh is in the early stages of reviewing what it can do regarding tobacco and vape stores near schools, said Pat Young, Raleigh’s planning director.
There are over 400 stores that sell tobacco in Raleigh and over 100 in Cary, according to the county’s Public Health Department. As of this year, there are over 1,500 hemp growers in the state, employing thousands of rural workers.
The sale of hemp and CBD was legalized in North Carolina last year even though the Food and Drug Administration and the Centers for Disease Control and Prevention have not extensively researched or approved some hemp products like Delta-8, which has health risks like hallucinations.
Immediate impacts of a new rule
People must be 18 to legally purchase tobacco products in North Carolina, and any store employee found selling to underage customers can be charged with a misdemeanor. All stores must display a sign stating the law.
The legal age to buy hemp products is also 18 in North Carolina, and customers must submit an identification card.
Studies show that many underage teenagers get tobacco or hemp from older friends or stores that don’t always check for age.
The local proposal will have the biggest impact on areas surrounding 10 schools on the county’s edge, including in or around Knightdale, Wake Forest, Wendell and Willow Spring, Nolan said. The area around Lake Myra Park south of Knightdale and Wendell, could also be affected.
The ordinance also prohibits new tobacco or hemp stores in mixed-use areas, where schools are sometimes located. Instead, they will be restricted to business, heavy commercial and industrial districts.
No existing businesses will be affected by the ordinance. If a school is built near a business selling tobacco, the store will be exempt from the ordinance.
Anna Johnson contributed to this report.
This story was originally published September 13, 2023 at 12:19 PM.