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Montana Tobacco Legislation Update: Critical Decisions Ahead

Arial photo of the Montana Capitol building.

As Montana’s legislative session reaches its halfway point, lawmakers face crucial decisions on tobacco control bills before the March 7th transmittal deadline. Here’s where key legislation stands:

Let’s take a look at where some key bills stand.

Clean Indoor Air

SB 390: Add e-cigarettes to the Clean Indoor Air Act

On Friday advocates from around the state testified in support of SB 390, a bill that would update Montana’s Clean Indoor Air Act to include e-cigarettes. The original law passed twenty years ago, before these products came onto the market. This has left a loophole and means that not all Montanans have the right to have breathe air protected from e-cigarette aerosols.

The bill passed out of the Senate and now must be voted on in the House.

What you need to know:

  • Strong bipartisan support (passed committee 10-1)
  • Addresses a 20-year legal loophole

SB 150: Creates Cigar Bars

The Senate has voted in support of SB 150, putting clean indoor air at risk, by allowing for the creation of cigar bars. The American Heart Association, along with other organizations, spoke out against the dangerous precedence this creates. Now is the time to be strengthening our smokefree laws, not burning holes in them.

What you need to know:

  • Already passed Senate
  • Creates concerning exceptions to smokefree laws

Tobacco Taxation

SB 98: Revise tax on heat-not-burn products

SB 98 taxes heat-not-burn products at a lower rate than traditional cigarettes. While these products are new and the science is still emerging, they have not been approved by the Federal Drug Administration (FDA) as cessation devices. A lower tax rate could make them attractive to young users, who are more likely to try products that are priced lower. This bill has yet to receive a vote in the Senate Taxation committee.

What you need to know:

  • Proposes lower tax rates than traditional cigarettes
  • Lower pricing could attract young users

HB 525: Create an e-cigarette registry and implement a e-cigarette tax

HB 525 proposes creating a registry of vapor products that have submitted a premarket tobacco product application to the FDA and includes a tax on e-cigarettes. These bills have been marketed around the country by tobacco companies and have no bearing on improving public health. HB 525 passed out of committee and will be heard on the House floor next.

A vapor registry is nothing more than a list. The American Heart Association instead encourages investment in tobacco-use prevention, and real accountability, oversight, and action.

What you need to know:

  • Tobacco industry-backed legislation that has no bearing on improving public health
  • American Heart Association recommends investment in tobacco-use prevention and real accountability, oversight and action

Take Action Now

Contact your legislators today to support public health and strengthen Montana’s Clean Indoor Air Act. Effective tobacco legislation is vital for reducing tobacco use and its associated health risks.  Click here to message your representative to vote YES on SB 390.