Montana tobacco and nicotine laws
What Montana has enacted on tobacco and nicotine, what each law requires, and what the bills still moving would do. Montana is one of 37 states that enacted a tobacco and nicotine law in the 2025 and 2026 sessions.
- Bills in scope
- 20bills in scope
- Past committee
- 3past committee
- Most recent action
- 27 May 2025most recent action
Tobacco and nicotine laws enacted in Montana
3 tobacco and nicotine laws enacted in the Montana Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.
What it does: Amends the Clean Indoor Air Act to define electronic smoking device as an e-cigarette, dab rig, or vape pen containing nicotine or other substances for inhalation, and expands the definition of smoking to include use of electronic smoking devices.
Escrow, marketing and smoke-free rules
What it does: Repeals the tobacco prevention advisory board statute and removes references to funding that board from the tobacco settlement accounts statute, which continues to dedicate tobacco settlement proceeds to tobacco disease prevention programs and children's health insurance matching funds.
What it requires: Businesses that scan physical or digital government or tribal-issued identification to determine age for age-restricted items must use data only to determine age, may not transfer or sell that data, and must permanently delete it within 180 days. Sellers of tobacco products must require presentation of physical or digital identification if age is in reasonable doubt.
Minimum age and youth access
Tobacco and nicotine in Montana, by topic
Excise taxes and stamps
10 bills. Enacted in 20 states.
Licensing
7 bills. Enacted in 18 states.
Minimum age and youth access
4 bills, 1 enacted. Enacted in 13 states.
Escrow, marketing and smoke-free rules
2 bills, 1 enacted. Enacted in 11 states.
Vapor product directories
1 bill. Enacted in 8 states.
Nicotine pouches and new products
1 bill. Enacted in 8 states.
Tobacco and nicotine bills in Montana
The bills not yet law, furthest along first, with what each would do.
3Enacted
17Introduced or inactive
20 bills in scope
Introduced or inactive
17
What it would do: Creates a cigar bar room alcoholic beverage endorsement for all-beverages licensees with gaming licenses, permitting smoking of premium cigars in a separate enclosed space with specific ventilation requirements and exempting such establishments from clean indoor air act prohibitions. Requires the Department of Justice to study Montana's gaming industry by December 1, 2026.
What it would do: Establishes separate licensing and regulatory framework for alternative nicotine and vapor products under Montana Department of Revenue, requiring $20 annual licenses, prohibiting sales to persons under 18 at age-restricted venues, and imposing civil penalties for violations.
What it would do: Expands tobacco product regulations to include alternative nicotine and vapor products, requires licensing and age restrictions for their sale, and prohibits local governments from banning their sale while allowing local regulations no more stringent than state law.
What it would do: Requires vapor product manufacturers to certify their nicotine products comply with federal FDA marketing authorization and maintain them in an attorney general directory before retail sale in Montana beginning October 1, 2025, with penalties for violations.
What it would do: Increases the cigarette tax from $1.70 to $2.70 per package of 20 cigarettes. The tax on other cigarette package sizes and tobacco products remains unchanged.
What it would do: Expands the definition of tobacco products to include vapor products such as e-cigarettes, e-cigars, e-pipes, vape pens, and e-hookahs, subjecting them to taxation under Montana's tobacco tax laws effective for products sold by wholesalers after June 30, 2025.
What it would do: Amends the definition of tobacco products to include vapor products such as e-cigarettes, e-cigars, e-pipes, vape pens, and e-hookahs, making them subject to Montana's tobacco product taxation and regulation beginning July 1, 2025.
What it would do: Increases the cigarette tax from $1.70 to $2.70 per package containing 20 cigarettes and amends Section 16-11-111, MCA to reflect this change.
What it would do: Revises the definition of 'smoking' in the Clean Indoor Air Act to include use of electronic smoking devices and oral smoking devices, and adds a new definition of 'electronic smoking device' as a product containing nicotine or another substance intended for human consumption that delivers vapor or aerosol.
What it would do: Requires vapor product manufacturers to certify their nicotine products comply with federal FDA marketing authorization and register them in an attorney general-maintained directory. Prohibits selling unregistered vapor products containing nicotine in Montana starting March 1, 2026, with civil penalties and license suspensions for violations.
What it would do: Amends alcohol, tobacco, and marijuana laws to permit use of digital identification versions alongside physical identification. Requires businesses scanning government-issued identification to use data only for age verification, prohibits data transfer or sale, and mandates deletion within 180 days.
What it would do: Creates a cigar bar alcoholic beverage endorsement for all-beverages licensees with gaming licenses, allowing cigar smoking in enclosed spaces while exempting them from clean indoor air act prohibitions. Requires cigars be purchased on-premises, generate 10% of non-gaming income, and establishes specific cigar and ventilation standards.
What it would do: Expands tobacco product regulations to include alternative nicotine and vapor products under the same licensing and sales restrictions. Repeals the prohibition on local ordinances restricting alternative nicotine and vapor product sales, allowing local governments to regulate these products.
What it would do: Establishes separate licensing and regulatory framework for alternative nicotine and vapor products under Montana Department of Revenue, requiring $20 annual licenses, prohibiting sales to persons under 18 at age-restricted venues, and imposing civil penalties for violations.
What it would do: Amends Montana's cigarette tax to impose $1.70 per 20-cigarette package on cigarettes intended to be burned and 85 cents per 20-cigarette package on cigarettes intended to be heated but not burned, effective for wholesaler sales after June 30, 2025.
Bill titles link to the Montana Legislature's own page.
What counts as tobacco and nicotine legislation
In scope: Flavor bans and product standards; vapor product directories; licensing; excise taxes and stamps; minimum age and youth access; online and delivery sales; nicotine pouches and new products; and escrow, marketing and smoke-free rules.
Questions
Does Montana have a tobacco and nicotine law?
Yes. Montana enacted 3 tobacco and nicotine laws in the 2025 and 2026 sessions, among them SB 390, SB 495 and HB 249. Each is listed on this page with what it requires.
What does Montana legislate on most in tobacco and nicotine?
Excise taxes and stamps (10 bills), Licensing (7 bills) and Minimum age and youth access (4 bills).
Are these summaries reviewed by a lawyer?
No. Which bills count as Tobacco and nicotine bills, and the line on what each law requires or each bill would do, are drafted by software from the bill's own text and not reviewed by an attorney. Every bill links to the legislature's own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Other practice areas in Montana
- AI in Montana39
- Alcohol in Montana53
- Cannabis in Montana68
- Children's Online Safety in Montana9
- Cybersecurity in Montana1
- Data center and energy in Montana11
- Data Privacy in Montana47
- Employment in Montana77
- Healthcare in Montana266
- Insurance in Montana155
- Intellectual Property in Montana8
- Packaging and PFAS in Montana7
- Payments and fintech in Montana12
- Rental housing in Montana59
- Transportation in Montana20
- All jurisdictions
Tobacco and nicotine legislation in other jurisdictions
51 more currently hold bills in this tracker
- New Jersey50
- New York49
- West Virginia31
- Mississippi22
- Hawaii21
- Texas20
- Iowa19
- Illinois19
- Indiana19
- Virginia18
- Connecticut16
- Massachusetts15
- Michigan15
- Missouri15
- Maryland14
- Tennessee13
- Washington13
- Kentucky12
- Oklahoma12
- Louisiana11
- Congress11
- Arizona10
- Nebraska10
- South Dakota10
- Utah10
- Florida9
- California8
- Georgia8
- New Hampshire8
- Oregon8
- Wisconsin8
- Maine7
- North Carolina7
- Pennsylvania7
- Rhode Island7
- Arkansas6
- Alabama5
- Idaho5
- Puerto Rico5
- South Carolina5
- New Mexico4
- Wyoming4
- Alaska3
- Colorado3
- Delaware3
- Kansas3
- Nevada3
- Ohio3
- Minnesota2
- North Dakota2
- Vermont2
Know when Montana's tobacco and nicotine law changes
An alert when a bill moves, and one report a month on what changed in every state and Congress.