Henrico Planning Commission recommends new effort to regulate vape shops, sale of 'recreational substances'
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At its Nov. 13 meeting, the Henrico Planning Commission recommended approval of new zoning ordinances meant to regulate vape shops in the county.
The number of shops has continued to grow, reaching more than 70 known stores, and more are being established regularly, according to county officials.
“Despite two attempts to regulate these stores in 2024, new stores selling vaping and related products continue to open in the county without applying for a provisional use permit that this commission and the board [of supervisors] required through last year’s actions,” Henrico County Attorney Andrew Newby said. “These stores, in the opinion of staff, pose a threat to public safety and health, particularly for our juvenile population.”
These new regulations are being proposed to combat that threat by covering a broader range of stores. For example, many stores sell vaping supplies alongside other, currently uncovered, recreational substance-related products.
Other stores add snacks and other items to their display space or sell vaping items from behind the counter to keep their vaping display space under 15% – a threshold above which a store currently is considered a vape shop in the county.
The regulations would use a new category of “recreational substance retail store” to cover more items, such as any tobacco, nicotine, cannabis, or kratom products or accessories. (Kratom is an herbal extract which has stimulant and opioid-like effects.)
These recreational substance retail stores would be limited by the same restrictions as vape shops, chiefly that they couldn’t be located within 1,000 feet of a school or within 2,000 feet of a religious institution, childcare center, public park, or other store. The threshold for how much of the store’s display space can be devoted to these products before restrictions apply also would be lowered from 15% to 5%.
This proposal is scheduled to be considered by the Henrico Board of Supervisors next month.