An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, in licensing of health care facilities, providing for hospital emergency abortion services.

2025-2026 Regular Session Introduced by Lisa Borowski and 31 co-sponsors

Prohibits selling tobacco, nicotine, or vape products within 1,000 feet of any school property, with a misdemeanor penalty.

Referred to Health

Summary — HB 790: Prohibit Vape/Tobacco Shops Near Schools (North Carolina)

Status & sponsors
- Short title: Prohibit Vape/Tobacco Shops Near Schools
- Primary sponsor: Rep. Buansi (and co-sponsors listed in bill history)
- Introduced: Filed Nov 12, 2024; first reading recorded Mar 5, 2025 (see legislative history)
- Effective date in bill text: December 1, 2025 (applies to offenses committed on or after that date)

Purpose / intent
- To reduce youth access and exposure to tobacco, alternative nicotine, and vapor products by prohibiting the sale of those products in close proximity to elementary/secondary school property.

Key provisions
- New criminal prohibition (adds G.S. § 14‑401.28):
- It is unlawful for any person, firm, or corporation to sell (or to purchase from) tobacco products, alternative nicotine products, or vapor products at any location that is:
- within 1,000 feet of any property line of a property on which a public or nonpublic school is located; or
- inside any structure (or portion of a structure) that is within 1,000 feet of such school property.
- Definitions:
- The terms “tobacco products,” “alternative nicotine products,” and “vapor products” are used as defined in G.S. 14‑313 (state law definitions apply).
- “School” excludes homeschool programs (G.S. 115C‑563) and institutions of higher education.
- Exception:
- Sales are allowed in a location otherwise prohibited if the sale/purchase of these products is incidental to the primary operations of an established business facility (i.e., where tobacco/vape product sales are not the primary business).
- Penalty:
- Violation is classified as a Class 2 misdemeanor under North Carolina law.

Who is affected
- Retailers that sell tobacco, vapor, or alternative nicotine products (specialty vape/tobacco shops, convenience stores, gas station stores, some grocery stores) within 1,000 feet of schools.
- Schools and students (intended beneficiaries—reduced proximity-based retail exposure).
- Law enforcement and prosecutors (responsible for enforcing misdemeanor violations).
- Local governments and zoning/planning authorities may be indirectly affected in site planning, enforcement coordination, and business licensing.

Practical and implementation notes
- Measurement: prohibition is based on 1,000 feet from any school property line — implementation will require a clear method to measure distances and determine affected businesses.
- No grandfathering language included: the bill text does not explicitly exempt existing retailers located within the setback; affected businesses should review the law and local guidance for transition rules (if any).
- The “incidental to primary operations” exception may preserve sales at multi‑purpose retail establishments where tobacco/vape sales are not the core business.
- Potential impacts include reduced retail density near schools and economic effects for businesses currently located within the buffer; possible legal or administrative challenges could arise over measurements, definitions, and whether sales are “incidental.”

For more detail
- See the bill text (new G.S. § 14‑401.28) for the exact statutory language, and consult G.S. 14‑313 for statutory definitions of the product categories covered.