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Montana CALLS TO ACTION
Montana HB 137 would stop local governments from making it harder to quit smoking by switching to safer nicotine products.
The Missoula City Council is moving forward with a proposal to ban the sale of flavored vapor products. The ordinance is scheduled for discussion and possible action by the Public Safety and Health Committee on November 18, 2020 at 9:00AM via a Zoom Webinar.
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Montana LAWS & TAXES
- Sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age is prohibited.1
- Possession or consumption of tobacco products, alternative nicotine products, or vapor products by persons under 18 years of age is prohibited.2
- A retail license or permit is required to sell vapor products.3
- Montana’s Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited.
- The following municipalities have ordinances that prohibit vaping where smoking is prohibited (some exclude bars and restaurants): Boseman/Gallatin County, Lewis and Clark County
Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding.
Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
The city of Missoula prohibits the sale of vapor products in flavors other than “tobacco” flavor effective January 2021. The ordinance extends in a 5 mile radius outside city limits.
A statewide, 120 day emergency flavor ban was to take effect October 22, 2019, but a judge issued a temporary restraining order on October 18th. The restraining order expired October 28th. The “temporary” ban ultimately went into effect on December 18th, after a judge denied the most recent request to halt the action. The ban officially expired on April 15, 2020.
- Smoke-free tobacco products are taxed at 50% of their wholesale price and moist snuff is taxed at 85 cents per ounce.4
- Vapor products do not have an additional state excise tax.
- Sale Or Distribution Of Tobacco Products, Alternative Nicotine Products, Or Vapor Products To Persons Under 18 Years Of Age Prohibited
- Possession Or Consumption Of Tobacco Products, Alternative Nicotine Products, Or Vapor Products By Persons Under 18 Years Of Age Prohibited — Unlawful Attempt To Purchase — Penalties
- License For Retail Sale Of Tobacco Products — Alternative Nicotine Products — Vapor Products
- Sales Tax Handbook – Montana Tobacco Excise Taxes