TOPEKA, Kan. (KSNT) – The Kansas Supreme Court has defended Topeka’s right to raise the age to buy smoking products.
Topeka’s city ordinance prohibiting the sale of cigarettes, tobacco and vaping products is a fair use of their authority, the court announced Friday morning.
Topeka store Vapebar challenged the city ordinance as an “unconstitutional exercise” of Topeka’s home rule power, and claimed it conflicted with the Kansas Cigarette and Tobacco Products Act.
The Supreme Court disagreed.
The ordinance does not conflict with the act because the ordinance does not prohibit what the act expressly authorizes, nor does it authorize what the act prohibits.The Kansas Supreme Court
A Shawnee County district judge originally blocked the ordinance, which was scheduled to go into effect in January 2018.