Tobacco Prevention News

Montana has taken a significant step to protect public health with the passage of Senate Bill 390 (SB 390), which expands the Montana Clean Indoor Air Act to include e-cigarettes (vapes). This critical legislation closes a gap in the 20-year-old law, ensuring Montanans will be protected from exposure to e-cigarette aerosol in indoor public places and workplaces. The bill was signed by Gov. Gianforte on May 8, 2025, and became effective immediately.

SB 390 amends Title 50, Chapter 40, Section 103 of the Montana Code Annotated by revising the definition of “smoking” or “to smoke” explicitly include the use of an “electronic smoking device.” The term “electronic smoking device” is further defined as an e-cigarette, dab rig, or vape pen that contains or delivers nicotine or another substance for human consumption, used for inhaling vapor or aerosol.

E-cigarette aerosol is not harmless water vapor; it contains ultrafine particles, volatile organic compounds, flavorants, cancer-causing chemicals, heavy metals, and nicotine. The American Society of Heating, Refrigerating, and Air Conditioning Engineers has concluded that e-cigarettes emit harmful chemicals into the air and should be regulated in the same manner as conventional tobacco smoking.

“The expansion of Montana’s Clean Indoor Air Act to include e-cigarettes not only protects the public and workers from exposure to dangerous chemicals, but it also reinforces healthy social norms for youth and young adults,” says A.J. Allen, tobacco education specialist for Roosevelt County.

Studies have shown that smokefree laws that include e-cigarette products can significantly reduce youth e-cigarette use. For example, during 2017-2019, youth e-cigarette use decreased in states with e-cigarette-inclusive smokefree policies, while it increased in states without such policies. Prior to the passage of SB 390, 10 localities in Montana had passed policies expanding local smokefree protections to include e-cigarettes.

The Clean Indoor Air Act now prohibits smoking or vaping nicotine, marijuana, or any other substance in workplaces or indoor public places in Montana. The purpose of the Montana Clean Indoor Air Act is to protect the health of Montanans by prohibiting smoking in enclosed public places and places of work. The Act recognizes the fundamental right of nonsmokers to breathe smoke-free air and establishes that the need for clean air takes precedence over the desire to smoke.

In another effort to protect public health, legislators in the 2025 session rejected SB 150, a bill that would have amended the Clean Indoor Air Act to allow cigar-smoking rooms in Montana bars and restaurants.

The Clean Indoor Air Act requires the posting of signs in enclosed public places. Signs should be posted in a conspicuous place at all public entrances to the establishment stating, in a manner that can be easily read and understood, that smoking in the enclosed public place is prohibited.

To report a possible violation of the Clean Indoor Air Act, visit tobaccofree.mt.gov or call 406-653-6212.

To obtain free signage, visit tobaccofree.mt.gov.