Gallatin County, MT – The Montana Clean Indoor Air Act was passed in 2005, and this year Montana has taken another important step to protect community health with the passage of Senate Bill 390 (SB 390). SB 390 expands the Montana Clean Indoor Air Act to include e-cigarettes and other vaping devices. This legislation closes a critical gap in the 20-year-old law, ensuring that residents and workers across the state are safeguarded from harmful exposure to e-cigarette aerosol in indoor public spaces and workplaces.

Signed by Governor Greg Gianforte on May 8, 2025, SB 390 took effect immediately. The bill amends Title 50, Chapter 40, Section 103 of the Montana Code Annotated by
revising the definition of “smoking” to explicitly include the use of an “electronic
smoking device.” The law defines electronic smoking devices to include e-cigarettes,
vape pens, and dab rigs that deliver nicotine or other substances for human
consumption.

E-cigarette aerosol is not harmless water vapor; it contains ultrafine particles, volatile organic compounds, flavorants, cancer-causing chemicals, heavy metals, and nicotine.

The American Society of Heating, Refrigerating, and Air Conditioning Engineers
(ASHRAE) has concluded that e-cigarettes emit harmful chemicals into the air and
should be regulated in the same manner as conventional tobacco smoking.

“This expansion of the Clean Indoor Air Act ensures that everyone in Gallatin County— and across Montana—has the right to breathe clean air at work, in restaurants, and in other public spaces,” says Cherie Murbach, Tobacco Education Specialist at the Gallatin City-County Health Department. “It also helps protect our youth. By reducing the visibility and social acceptance of vaping in public places, we can counteract the troubling rise of e-cigarette use among teens and young adults.”

According to the Youth Risk Behavior Surveillance Report, in 2023, 20% of Gallatin
County high school students and 9% of Gallatin County middle school students reported the use of an electronic vaping product, or e-cigarette. Studies show that
comprehensive smokefree laws, including those covering e-cigarettes, can significantly reduce youth initiation and use. Between 2017 and 2019, youth e-cigarette use decreased in states with inclusive smokefree policies, while increasing in states without such protection.

The Clean Indoor Air Act now prohibits smoking or vaping nicotine, marijuana, or any other substance in workplaces or enclosed public spaces throughout Montana. The Act affirms the fundamental right of all Montanans to breathe clean air, establishing that public health takes precedence over the desire to smoke or vape.

The law also requires the posting of clear signage in all enclosed public places. Signs
must be displayed prominently at every public entrance, stating that smoking and
vaping are prohibited inside.

To report a possible violation of the Clean Indoor Air Act or to obtain free signage, visit tobaccofree.mt.gov or call the Gallatin City-County Health Department at (406) 582-3100.