Montana has enacted Senate Bill 390 (SB 390), a significant piece of public health legislation that expands the state’s Clean Indoor Air Act to include e-cigarettes (vapes). Signed by Governor Greg Gianforte on May 8, 2025, and effective immediately, the new law closes a long-standing gap in the 20-year-old act, ensuring Montanans are protected from exposure to e-cigarette aerosol in all indoor public places and workplaces where traditional smoking is already prohibited.
SB 390 amends the Montana Code Annotated by explicitly revising the definition of “smoking” or “to smoke” to include the use of an “electronic smoking device.” This is broadly defined to cover e-cigarettes, dab rigs, or vape pens that deliver nicotine or any other substance for human consumption through inhaled vapor or aerosol. This change means that vaping nicotine, marijuana, or any other substance is now banned in all workplaces and enclosed public places across Montana.
Public health advocates have praised the move, emphasizing that e-cigarette aerosol is not harmless water vapor. It can contain ultrafine particles, volatile organic compounds, cancer-causing chemicals, heavy metals, and addictive nicotine. The American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) has previously concluded that e-cigarettes emit harmful chemicals and should be regulated in the same manner as conventional smoking.
“The expansion of Montana’s Clean Indoor Air Act to include e-cigarettes not only protects the public and workers from exposure to dangerous chemicals, but it also reinforces healthy social norms for youth and young adults,” stated Jacklyn Damm, Tobacco Education Specialist for Richland County Health Department. Studies have shown that smoke-free laws inclusive of e-cigarettes can significantly reduce youth vaping rates. Prior to the passage of SB 390, 10 localities in Montana had already passed their own local policies expanding smoke-free protections to include e-cigarettes.
The Clean Indoor Air Act recognizes the fundamental right of non-smokers to breathe clean air, establishing that this need takes precedence over the desire to smoke or vape. The Act requires conspicuous “No Smoking” signage at all public entrances to covered establishments. In another move to protect public health during the 2025 session, legislators also rejected SB 150, a bill that would have permitted cigar-smoking rooms in bars and restaurants. To report a possible violation of the updated Clean Indoor Air Act or to obtain free signage, residents can visit tobaccofree.mt.gov.
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