HELENA — In 2005, Montana passed the state Clean Indoor Air Act, which said indoor public places and workplaces must be smoke-free. That was an adjustment for businesses at the time. Now, they’ll have to adjust once again, as a new state law says “smoke-free” also means “vape-free.”
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Senate Bill 390, sponsored by Sen. Willis Curdy, D-Missoula, changes the definition of smoking in the Clean Indoor Air Act, so it includes “using an electronic smoking device” like an e-cigarette or vape pen. The bill passed the House and Senate with bipartisan support, and Gov. Greg Gianforte signed it into law in May.
“We were excited to see the amount of support from legislators,” said Jackie Semmens, state government relations director for the American Heart Association. “I think that this is something they have been hearing about in their communities, with people coming to them, principals and superintendents saying that they need help.”
Semmens says advocates believe one of the biggest benefits will be pushing back on what they call a “youth vaping epidemic.” The Montana Office of Public Instruction’s 2023 Youth Risk Behavior Survey found 45% of Montana high school students have reported using a vaping product.
“E-cigarette use was already prohibited in Montana schools, but we think that this sends a clear message to the public and to young adults and teenagers that e-cigarettes are not safe,” Semmens said. “Unfortunately, we think that, because they've been excluded from the act, people have mistakenly thought that this was a safe form of nicotine use. But what we know is nicotine in every form is addictive and dangerous.”
SB 390 came with an immediate effective date, and the Montana Department of Public Health and Human Services is already enforcing it. A spokesperson for the department told MTN businesses found in violation of the new vaping rules will get an educational letter before any penalties.
While the new law is going to mean changes, Semmens believes Montanans have gotten used to the Clean Indoor Air Act, and they’ll get used to this adjustment too.
“At the time, smoking was so normal that people couldn't really realize the benefits of having smoke-free restaurants, smoke-free bars,” she said. “Now, I think most of us can't imagine going back into a restaurant that smelled like cigarette smoke.”
About ten city and county governments in Montana had already taken local action to prohibit e-cigarettes in indoor spaces.
