Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

No Preemption


"The American Public Health Association "(1) Opposes state and federal laws preempting local governments' ability and authority to enact their own more stringent restrictions on alcohol and tobacco availability; and (2) Supports local governments' home rule to sue their zoning, planning, and other local police powers to control alcohol and tobacco problems, including advertising and access."

American Public Health Association, Resolution 9410, 1994


As of October 1, 2009, Montana's workplaces, restaurants, bars, and casinos are 100% smokefree. Most workplaces and restaurants went 100% smokefree in October 2005 under state law. Bars and casinos had a four year implementation delay until 2009, but are now required to be 100% smokefree too.

Some casinos built smoking structures, claiming a 4 inch slit rendered them outdoor smoking areas, but the Montana Supreme Court ruled in February 2015 that the structures are actually encloses places of work and must be covered by the smokefree law.

In addition, local cities and counties were once prohibited from passing local laws, but are now able to pass local smokefree laws that are stronger than state law. Read Montana's 100% smokefree law.

For more information about the law, visit
To file a complaint about a violation, fill out an online form.

Signage can be acquired by calling 1-866-787-5274.

Read more about current tobacco-related legislation in Montana.

Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2010.

Montana does not have a 2018 Legislative Session

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