State Status
No Preemption
Quote
"The immediate implications for our business are clear: if our consumers have fewer opportunities to enjoy our products, they will use them less frequently and the result will be an adverse impact on our bottom line. Even more important, accommodation / preemption laws shape the real-world environment in which our customers and their non-smoking friends and associates live every day. If smokers are banished to doorways and loading docks in front of buildings, it makes smokers feel like outcasts and gives encouragement to the antis. On the other hand, if we live in a society that accommodates smokers and non-smokers alike, it sends the message that smoking is a viable life-style choice and an adult's decision to use a legal product should be respected."
Tina WallsPhilip Morris (PM)
Montana
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 www.tobaccofree.mt.gov.
To file a complaint about a violation, fill out an online form.
Signage can be acquired by calling 1-866-787-5274.
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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
Legislative SummariesArchives
- 3/8/2019HB481—(private club exemption)—An Act Revising the Montana Clean Indoor Air Act—Hearing Scheduled in Business, Labor, and Economic Affairs on 3/14
- 3/8/2019HB644—(cigar bar exemption)—An Act Creating Cigar Bar Endorsement for Certain Liquor Licensees
- 1/31/2019SB122—(e-cigarette use)—An Act Revising the Montana Clean Indoor Air Act—Tabled in Public Health, Welfare and Safety Committee
- 2/15/2019SB179—(preemptive)—An Act Prohibiting the Expansion of Prohibitions under the Montana Clean Indoor Air Act—Passed Senate, Hearing in House Local Govt Committee on 3/12
Action AlertsArchives
News SummariesArchives
- 7/31/2019States Are Thwarting Cities' Attempts to Govern Themselves
- 4/29/2019In Washington, Juul Vows to Curb Youth Vaping. Its Lobbying in States Runs Counter to That Pledge.
- 10/13/2017State lawmakers choose winners and losers through preemption
- 7/6/2017Blue Cities Want to Make Their Own Rules. Red States Won't Let Them.
- 5/10/2017The Threat of Super-Preemption
- 3/6/2017Preemption Prevents Innovation
- 2/21/2017City Rights in an Era of Preemption: A State-by-State Analysis
- 2/2/2017Red State, Blue City
- 1/5/2017GOP aims to rein in liberal cities
- 9/9/2016How ALEC, ACCE, and Preemption Laws are Gutting the Powers of American Cities
- 8/22/2016Blue Cities, Red States
- 6/28/2016Colorado Preemptions of Local Government: The Need for the Colorado Community Rights Amendment
- 6/23/2016State and Local Comprehensive Smoke-Free Laws for Worksites, Restaurants, and Bars--United States, 2015
- 4/6/2016From Fracking Bans To Paid Sick Leave: How States Are Overruling Local Laws
- 4/1/2016Growing Southern cities are increasingly targets of state pre-emption
- 3/25/2016Beyond North Carolina's LGBT Battle: States' War on Cities
- 2/4/2016Corporate Interests Take Aim at Local Democracy
- 8/6/2015Blowing the Whistle on ALEC's Little Brother ACCE
- 7/7/2015Four Ways ALEC Tried to Ruin Your State this Year
- 5/17/2015Say no: States increasingly blocking cities and counties from imposing mandates on businesses
- 5/8/2015State lawmakers hate federal meddling even as they preempt local government
- 3/30/2015The ALEC-Backed War on Local Democracy
- 2/25/2015Court snuffs out ruling for smoke shacks
- 2/23/2015Govern Yourselves, State Lawmakers Tell Cities, but Not Too Much
- 9/1/2013Vigilance needed on Montana's smokefree law
- 5/13/2010Tobacco prevention experts say transition to smoke-free has been smooth
- 4/7/2010State: Clean Indoor Air Act 'public health success story'
- 2/5/2010State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants United States, 2005-2009
- 10/1/2009Smoking snuffed out at bars, casinos
- 9/6/2009There's change in the air as smoking ban nears
- 11/27/2008Missoula at forefront of smoking ban
- 11/25/2008Legislators should do nothing to roll back smoking ban
- 11/21/2008Bill targets smoking ban
Press ReleasesArchives
There aren't any press releases for this state at this time. Please check back.
State Specific Resources
- 5/13/2004Montana League of Cities and Towns: Executive Director's Report 2003
- 5/13/2004Protect Local Control Resolution: Montana League of Cities
