E-Cigarette Regulations - Montana

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

No

 

How does the state define an e-cigarette?

Vapor product means “a noncombustible product that may contain nicotine and that uses a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from a solution or other substance [including] an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with [any aforementioned] device.”
Mont. Code Ann. §§ 16-11-302(7); 20-1-220 (2020)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

N/A

 

What regulations are in place for e-cigarette packaging?

N/A

 

What restrictions are in place for retail or youth access?

Sale/distribution of vapor products to persons under age 18 prohibited.
Mont. Code Ann. § 16-11-305(1) (2020)

Vending machine sales restricted to bars where machine is under direct line-of-sight supervision.
Mont. Code Ann. § 16-11-306(1) (2020)

Possession/use of vapor products by persons under age 18 prohibited.
Mont. Code Ann. § 45-5-637(1) (2020)

 

Is a retail license or permit required to sell e-cigarettes?

Yes.
Mont. Code Ann. § 16-11-303(1) (2020)

 

What smoke-free restrictions exist for e-cigarette use?

Use of vapor products prohibited in or on public school property.
Mont. Code Ann. § 20-1-220(1) (2020)

 

Montana e-cigarette regulations as of September 15, 2020.

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