Heated Cigarette Regulations - Montana

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Clean Indoor Air


Is the use of heated cigarettes prohibited where combustible cigarette use is prohibited?*

A: Yes, for products that are ignited with a match or a lighter, like a conventional cigarette.

Montana’s smoke-free law defines “smoking” or “to smoke” as “the act of lighting, smoking, or carrying a lighted cigar, cigarette, pipe, or any smokable product and includes the use of marijuana for a debilitating medical condition as provided for in Title 50, chapter 46.”

A heated cigarette that is “lighted” in the same way that a conventional cigarette is “lighted” is likely to be considered a “lighted . . . smokable product” by enforcement authorities.

A: Maybe, for products that are heated electronically.

A heated cigarette that is heated electronically could be considered a cigarette if enforcement authorities interpret the term “lighted” broadly to include concepts such as “activated” or “turned on” and determine that they can be considered a “smokable product.”

*For this question, the answer is different and depends on the type of heated cigarette. For a more in-depth explanation of the different types of products, see our Heated Cigarettes fact sheet.

Mont. Code Ann. § 50-40-103(8) (2017)

 

Minimum Legal Sales Age


Are heated cigarettes subject to Montana’s minimum legal sales age for tobacco products?

A: Yes.

Montana’s minimum legal sales age to purchase tobacco products applies to “tobacco product,” which means “a substance intended for human consumption that contains tobacco. The term includes cigarettes, cigars, snuff, smoking tobacco, and smokeless tobacco.”

Heated cigarettes contain tobacco and are intended for human consumption. Therefore, they are tobacco products under this law.

Mont. Code Ann. §§ 16-11-302(6) (2017)

 

Taxation


Would heated cigarettes be taxed as “cigarettes” under Montana’s existing tax law?

A: Yes, for products where the tobacco is wrapped in paper, like a conventional cigarette.

     Montana tax law defines a “cigarette” as:

any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

(i) any roll of tobacco wrapped in paper or in any substance not containing tobacco;

(ii) tobacco, in any form, that is functional in the product and that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette; or

(iii) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance or the type of tobacco used in the filler and regardless of its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette described in subsection (2)(a)(i).

A heated cigarette that is wrapped in paper is likely to be considered a “roll of tobacco wrapped in paper” by enforcement authorities.

A: Maybe, for products that are not wrapped in paper like a conventional cigarette.

A heated cigarette that has tobacco that is contained in something other than paper could be considered a cigarette if enforcement authorities determine that it is a “roll of tobacco wrapped in . . .any substance not containing tobacco.”

*For this question, the answer is different and depends on the type of heated cigarette. For a more in-depth explanation of the different types of products, see our Heated Cigarettes fact sheet.

Mont. Code Ann. §§ 16-11-102(2)(a) (2017)

 

 

Montana heated cigarette regulation as of August 24, 2018. 

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