Are Nicotine Vapes (e-cigarettes) Legal in Montana? (2026)

Instrument

Youth Access to Tobacco Products Control Act: definitions, license, sale to minors, local prohibition barred

Source

https://mca.legmt.gov/bills/mca/title_0160/chapter_0110/part_0030/section_0020/0160-0110-0030-0020.html

Retrieved

2026-11-06

Fingerprint

40e20036360201b4

16-11-302. Definitions.
 For the purposes of
16-11-301
 through
16-11-308
, the following definitions apply:

                (1)	(a) “Alternative nicotine product” means any manufactured noncombustible product containing nicotine derived from tobacco that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means.

                (b)	The term does not include a tobacco product, a vapor product, or a product regulated as a drug or device by the United States food and drug administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

                (2)	"Distribute" means:

                (a)	to give, deliver, sample, or sell;

                (b)	to offer to give, deliver, sample, or sell; or

                (c)	to cause or hire another person to give, deliver, sample, or sell or offer to give, deliver, sample, or sell.

                (3)	"Health warning" means a tobacco product label required by federal law and intended to alert users of the product to the health risks associated with tobacco use. The term includes warning labels required under the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986.

                (4)	“License” means a retail tobacco product sales license.

                (5)	"Person" means a natural person, company, corporation, firm, partnership, organization, or other legal entity.

                (6)	(a) "Tobacco product" means a substance intended for human consumption that contains tobacco. The term includes cigarettes, cigars, snuff, smoking tobacco, and smokeless tobacco.

                (b)	The term does not include an alternative nicotine product, a vapor product, or a product regulated as a drug or device by the United States food and drug administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

                (7)	(a) "Vapor product" means a noncombustible product that may contain nicotine and that uses a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from a solution or other substance. The term includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

                (b)	The term does not include a product regulated as a drug or device by the United States food and drug administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

16-11-303. (1) A person may not sell tobacco products, alternative nicotine products, or vapor products at retail, whether over the counter, by vending machine, or otherwise, without a license obtained from the department of revenue.

16-11-305. Sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age prohibited.
 (1) A person may not sell or distribute a tobacco product, alternative nicotine product, or vapor product to an individual under 18 years of age, whether over the counter, by vending machine, or otherwise.

                (2)	If there is a reasonable doubt as to the individual’s age, the seller shall require presentation of a physical or digital version of a driver’s license or other generally accepted identification that includes a picture of the individual.

                (3)	If the seller scans a physical or digital version of a person’s government or tribal-issued identification, the seller shall handle data and metadata from the scan in accordance with
16-3-313
.

16-11-313. (1) A local government may not adopt or enforce any local ordinance or resolution that prohibits the sale of alternative nicotine products or vapor products.