Fresno City Council Vice President Miguel Arias speaks to the media Tuesday, March 11, 2025 at a news conference announcing a new smoke shop ordinance. Photo by Frank Lopez

Smoke shops in Fresno have been denied a temporary restraining order blocking the City of Fresno from enforcing its smoke shop ordinance that went into effect Thursday.

On June 3, U.S. District Judge Kirk Sherriff ruled against the request by the California Smoke Shops Association, which is challenging the ordinance.

The judge found the association could not demonstrate immediacy or irreputable harm, according to a news release from Fresno City Attorney Andrew Janz.

There is a briefing scheduled with a future hearing date of July 25.

“Based on the court’s ruling, Code Enforcement will work in conjunction with the Planning Department to quickly begin implementing the smoke shop ordinance,” the release from Janz’s office stated.

In April the Fresno City Council approved a conditional use permit ordinance that would allow only 49 smoke shops in Fresno—seven per city council district.

The ordinance will close at least 33 or more licensed smoke shops.

The lawsuit states the city singled out smoke shop owns who comprise approximately 15% of all tobacco purveyors in the city for unequal treatment under the law.

In October 2023 City Attorney Andrew Janz and Attorney General Rob Bonta announced the formation of the Cannabis Administrative Prosecution Program targeting illegal cannabis operations in Fresno.

Since the program’s inception, dozens of illegal operations have been raided, tens of thousands of dollars’ worth of property have been confiscated and over $5 million in fines and citations have been issued.

Smoke shop operators who aren’t awarded a conditional use permit via a lottery system to operate will have 18 months to shut down their businesses.