Denver, Colorado, Referendum 310, Ban Sale of Flavored Tobacco Products Referendum (2025)

Denver Referendum 310
Election date November 4, 2025
Topic Local tobacco
Status On the ballot
Type Referendum

Denver Referendum 310 is on the ballot as a referendum in Denver on November 4, 2025.

A "yes" vote is a vote to retain a city law that bans the sale of flavored tobacco products within the city.

A "no" vote is a vote to repeal a city law that bans the sale of flavored tobacco products within the city.

Election results

Denver Referendum 310
Result		Votes	Percentage
Yes		0	0.00%
No		0	0.00%

Overview

What would the ballot measure do?

See also: Text of measure

Referendum 310 would approve Council Bill No. 24-1765, passed by the Denver City Council which bans the sale of flavored tobacco products in the city and county limits.

What products would be banned if the referendum passes?

The bill defines flavored tobacco products as any tobacco product that "imparts a cooling sensation, numbing sensation, taste, or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product." It also clarifies that a tobacco product is not defined as flavored "solely because of the use of additives or flavorings or the provision of ingredient information."

Text of measure

Ballot title

The ballot title for Referendum 310 is as follows:

“

Shall the voters of the City and County of Denver retain ordinance number 24-1765, entitled "A bill for an ordinance amending Chapters 24 and 34 of the Denver Revised Municipal Code regarding the sale of tobacco products including flavored tobacco products," which prohibits the sale of flavored tobaссо products by retail tobacco stores?

”

Full Text

The full text of this measure is available here.

Uphold the ban (support for "Yes" vote)

Yes for Denver Kids is leading the campaign in support of the "yes" vote to retain the ban. A full list of organizations that support the Yes for Denver Kids coalition can be found on their website.

Supporters

Corporations

• Kaiser Permanente

Organizations

• African Leadership Group
• American Academy of Pediatrics, Colorado Chapter
• American Cancer Society Cancer Action Network
• American Heart Association
• American Lung Association
• Children's Hospital Colorado
• Clayton Early Learning
• Colorado Cancer Coalition
• Colorado Dental Association
• Colorado Medical Society
• Healthier Colorado
• NAACP Colorado Montana Wyoming State-Area Conference
• NAACP Denver
• Progress Now Colorado
• Servicios de la Raza
• University of Colorado Denver School of Medicine

Arguments

• Nick Torres, Colorado advocacy director for the American Lung Association: "Flavors like Raspberry Chill and Root Beer Float have been a gateway for new tobacco users for years – especially for kids. 310 will protect kids from becoming the next victims of tobacco addiction."
• Yes for Denver Kids: "Flavored tobacco poses a serious threat to the health of Denver’s kids. Vaping devices can deliver massive doses of addictive nicotine and toxic chemicals like formaldehyde and lead. Over 40% of high-school e-cigarette users are frequent or daily users. This means they aren’t just experimenting with flavored tobacco products. They’re addicted. Many don’t even realize that nicotine harms brain development, attention, impulse control and mood. The U.S. Surgeon General has concluded that youth use of nicotine in any form, including e-cigarettes, is unsafe."
• Jodi Radke of Campaign for Tobacco Free Kids: "The tobacco industry knows that 95 percent of adults who use tobacco started before the age of 21, and most initiate use around the age of 12. They know that the leading reason that kids experiment with tobacco is because the product is flavored. Removing the products from the market that are primarily used by kids threatens their bottom line and their ability to create lifelong users by addicting them early. Their pipeline for profit is our kids."
• Campaign for Tobacco-Free Kids: "State laws restricting the sale of flavored tobacco products did not lead to any meaningful reduction in the number of convenience/tobacco stores or employees, nor did they reduce wages in convenience stores. Money spent on tobacco products in retail stores does not disappear when smokers quit or cut back, but simply shifts to consumer spending on other goods and services, including other products sold in convenience stores."

Repeal the ban (support for "No" vote)

Citizen Power! is leading the campaign in support of the "no" vote to repeal the ban.

Opponents

Officials

• Denver City Councilmember Kevin Flynn (Nonpartisan)

Political Parties

• Denver County, Colo., Republican Party

Corporations

• Philip Morris USA, Inc.

Organizations

• Altria Group, Inc. Political Action Committee (AltriaPAC)
• Coalition for Health, Opportunity, Innovation and Consumer Education
• Denver Metro Chamber of Commerce
• Rocky Mountain Smoke-Free Alliance
• The Elm Tree Exchange

Arguments

• Citizen Power!: "[Referendum] 310 hurts taxpayers. It will mean $13 million per year in lost revenue, making our budget deficit even worse."
• Phil Guerin, Denver vape-shop owner: "[Referendum 310] has a big negative impact on the business community and on the health care choices that adults can make for themselves."
• Travis Parman, Philip Morris International spokesperson: "Flavors can be supportive in helping consumers make the transition to better alternatives."
• Citizen Power!: "[Referendum 310 is] a failed policy with unintended consequences. This law does nothing to stop youth vaping. Instead, it pushes sales to nearby cities like Lakewood and Aurora, draining revenue from Denver businesses while reducing local oversight."

Media editorials

See also: 2025 ballot measure media endorsements

Support

The following media editorial boards published an editorial supporting the ballot measure:

• The Denver Gazette Editorial Board: "Fruit-flavored disposable nicotine vapes undeniably appeal to teens; all too easily wind up in their hands, and are just as easy to conceal and use discreetly. “Smokin’ in the boys’ room” has given way to vapin’ in the boys’ room, and it’s more insidious. Nicotine is a scourge; impressionable youth need thoughtful adults to help shield them from it. We get the push-back from some small businesses that have grown to rely on tobacco sales for their bottom line. But as the outpouring of support for 310 from the public health community reminds us, protecting young people from addictive nicotine is a higher priority."

Opposition

Ballotpedia has not located media editorial boards in opposition to the ballot measure. You can share media editorial endorsements, along with source links for this information, with us at editor@ballotpedia.org.

Path to the ballot

See also: Laws governing local ballot measures in Colorado

This measure was put on the ballot through a successful veto referendum petition drive. Below is a timeline of the initiative:

• December 4, 2024: Serena Gonzales-Gutierrez, Shontel Lewis, and Darrell Watson of the Denver City Council introduced bill 24-1765.
• December 16, 2024: The Denver City Council passed bill 24-1765 in a 11-1 vote.
• December 18, 2024: Mayor Mike Johnston signed the ban into law.
• March 17, 2025: Sponsors of the veto referendum submitted more than 17,000 signatures in support of repealing the ban.
• April 11, 2025: The City Clerk's Office stated that about 11,000 signatures were valid. As this was greater than the 9,400 signature requirement, the measure was placed on the ballot.
• September 5, 2025: The City Clerk and Recorder Paul López certified the ballot title for the measure.

How to cast a vote

See also: Voting in Colorado

See below to learn more about current voter registration rules, identification requirements, and poll times in Colorado.

How to vote in Colorado

Poll times

In Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

In Colorado, an individual can pre-register to vote if they are at least 15 years old. Voters must be at least 18 years old to vote in any election. A voter must be a citizen of the United States and have established residence in Colorado to vote.

Colorado voters can register to vote through Election Day. However, in order to automatically receive a absentee/mail-in ballot, a voter must register online, through the mail, at a voter registration agency, or driver's license examination facility at least eight days prior to Election Day. A voter that registers through a voter registration drive must submit their application no later than 22 days before the election to automatically receive an absentee/mail-in ballot. A voter can register online or submit a form in person or by fax, email, or mail.

Automatic registration

See also: Automatic voter registration

Colorado automatically registers eligible individuals to vote through the Department of Motor Vehicles and certain other state agencies.

Online registration

See also: Online voter registration

Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Colorado allows same-day voter registration for individuals who vote in person.

Residency requirements

Colorado law requires 22 days of residency in the state before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Colorado does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Colorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with their mail-in ballot. Click here for more information.

The following list of accepted forms of identification was current as of October 2025. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.

“

The following documents are acceptable forms of identification: A valid Colorado driver’s license or valid identification card issued by the Colorado Department of Revenue. (Note: documents issued to not lawfully present and temporarily lawfully present individuals under Part 5 of Article 2 of Title 42, C.R.S. are not acceptable forms of identification.) A valid U.S. passport. A valid employee identification card with a photograph of the eligible elector issued by any branch, department, agency, or entity of the U.S. government or of Colorado, or by any county, municipality, board, authority, or other political subdivision of Colorado. A valid pilot’s license issued by the federal aviation administration or other authorized agency of the U.S. A valid U.S. military identification card with a photograph of the eligible elector. A copy of a current (within the last 60 days) utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the elector. A Certificate of Degree of Indian or Alaskan Native Blood. A valid Medicare or Medicaid card issued by the Centers for Medicare and Medicaid Services. A certified copy of a U.S. birth certificate for the elector. Certified documentation of naturalization. A valid student identification card with a photograph of the eligible elector issued by an institute of higher education in Colorado, as defined in section 23-3.1-102(5), C.R.S.. A valid veteran identification card issued by the U.S. department of veterans affairs veterans health administration with a photograph of the eligible elector. A valid identification card issued by a federally recognized tribal government certifying tribal membership. Any form of identification listed above that shows your address must show a Colorado address to qualify as an acceptable form of identification. The following documents are also considered acceptable forms of identification for voting: Verification that a voter is a resident of a group residential facility, as defined in section 1-1-104(18.5), C.R.S. Verification that a voter is a person committed to the department of human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5, C.R.S. Written correspondence from the county sheriff or his or her designee to the county clerk indicating that a voter is confined in a county jail or detention facility.

”

• Note: SB 1, signed into law on May 12, 2025, specified that tribal IDs issued by the Bureau of Indian Affairs, the Indian Health Service, or another federal agency were also valid identification.

See also

Local measures

• Local measures in 2025
• Local tobacco on the ballot

• Denver County measures

Colorado

• Colorado 2025 local measures
• Local ballot measures, Colorado
• Denver, Colorado

News and analysis

• State and local preemption conflicts
• Measures advancing national agendas

External links

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