Photo via City of Fresno. Cannabis was located at 53 out of 67 smoke shops between 2023-2024.

The California Smoke Shops Association has filed a federal lawsuit seeking relief from new City of Fresno regulations that would cause dozens of smoke shops to close.

The lawsuit comes a couple weeks after the Fresno City Council approved a conditional use requirement for smoke shops, expected to pare down an estimated 140 storefronts to seven per council district, for a total of 49.

Estimates of the number of smoke shops in Fresno varies widely.

The lawsuit argues the council passed its ordinance using “improper procedure,” and tried to correct violations by retroactively rewriting meeting minutes.

After failing on a split 3-3 vote March 14, the ordinance returned as part of the consent calendar on the April 24 meeting. But the council failed to table or continue the ordinance, according to the lawsuit. The plaintiff contends the city didn’t properly send public notice that the ordinance would be reconsidered.

The lawsuit names the City of Fresno as well as council members Miguel Arias, Nelson Esparza, Annalisa Perea and Brandon Vang who approved the ordinance, which goes into effect June 5.

“The direct harm of requiring 82 licensed Smoke Shops to apply for 49 permits is apparent: the Ordinance will permanently close at least 33 property licensed and lawfully operating Smoke Shops,” the suit claims.

In a statement, Janz said the city is fully prepared to litigate the matter and that the city council has the authority to enact such legislation.

“This lawsuit will not deter the City Attorney’s Office from continuing our coordinated efforts with the Attorney General to crackdown on illegally operating smoke shops who sell drugs to kids,” Janz said.

According to a city report from the Cannabis Administrative Prosecutor Program in 2023-2024, 14 smoke shops in Fresno have been closed since the start of the program.

Within that year span, 100 inspections have been conducted on 67 smoke shops. The report found 11 illegal marijuana cultivations, 18 illegal cannabis markets, one illegal dispensary and three miscellaneous cases.

Cannabis was located at 53 out of 67 shops that were inspected, according to the report.