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Tobacco use remains the leading cause of preventable death and disease in the United States and in Montana. To address this enormous toll, the American Lung Association calls for the following actions to be taken by Montana’s elected officials:

  1. Increase funding for the state’s tobacco prevention and quit programs;
  2. Remove preemption, allowing local governments to protect public health from the health impacts of tobacco use; and
  3. Defend and strengthen clean indoor air protections.
During the 2023 legislative session, several bills were introduced to weaken tobacco prevention policies and protections in Montana. The American Lung Association joined with advocates and stakeholders to fend off each of these attacks.

House Bill 293, introduced by vape shop owner Representative Marshall, proposed separating electronic devices and other products from being designated as tobacco products. This bill passed the House with a vote 49 to 48 (1 abstained, 3 absences). The legislation moved to the Senate and died in committee.

House Bill 869, also introduced by Representative Marshall, would have slashed funding for tobacco use prevention and chronic disease programming. A public hearing was held in the House Human Services committee and was then tabled.

Senate Bill 205, introduced by Senator Trebas, would have weakened Montana’s Clean Indoor Air Act (CIAA) and proposed allowing ‘private establishments’ to allow smoking by a permitting process. A public hearing was held in the Senate Public Health, Welfare and Safety committee and was tabled.

Senate Bill 371, introduced by Senator Trebas, proposed removing enforcement mechanisms for the clean indoor air act and penalties against businesses who fail to comply with the law. SB 371 died in committee.

One bill, Senate Bill 122, did make it through the process and passed through both houses. The legislation offered a 35-cent tax cap on the sale of premium cigars – significantly impacting retail prices. The American Lung Association joined other advocates in asking Governor Greg Gianforte to veto the legislation. The Governor signed SB 122 into law which went into effect on July 1, 2023.

The Montana legislature meets every two years. The American Lung Association will continue to advocate for strengthening clean indoor protections and growing momentum to increase funding for Montana’s Tobacco Use Prevention Program during the 2024 interim.

Montana Facts
Healthcare Costs Due to Smoking: $440,465,233
Adult Smoking Rate: 15.20%
High School Smoking Rate: 7.00%
High School Tobacco Use Rate: 27.00%
Middle School Smoking Rate: 3.40%
Smoking Attributable Deaths per Year: 1,570
Adult smoking data come from CDC's 2022 Behavioral Risk Factor Surveillance System. High school smoking and tobacco use data are taken from CDCs 2021 Youth Risk Behavior Surveillance System. Middle school smoking rate (8th grade only) is taken from the 2020 Montana Prevention Needs Assessment Survey.

Health impact information is taken from the Smoking Attributable Mortality, Morbidity and Economic Costs (SAMMEC) software. Smoking attributable deaths reflect average annual estimates for the period 2005-2009 and are calculated for persons aged 35 years and older. Smoking-attributable healthcare expenditures are based on 2004 smoking-attributable fractions and 2009 personal healthcare expenditure data. Deaths and expenditures should not be compared by state.

Montana Information

Learn more about your state specific legislation regarding efforts towards effective Tobacco Control.

State Grades Report Laws & Policies Historical Data