Montana Vape Vending Laws and Permits

Overview of Montana Vape Laws

Montana’s vape laws regulate the sale and distribution of vapor products and alternative nicotine products, with specific rules designed to prevent underage access and ensure compliance with federal and state requirements. Here’s an in-depth guide to the legal landscape for vape vending in Montana.

Age Restrictions

  • Minimum Age to Purchase:

    • It is illegal to sell vapor products to individuals under 18 years of age in Montana.
    • However, federal law effective December 2019 raised the minimum age for purchasing all tobacco products, including vapor products, to 21 years. While Montana has not yet updated its state law, federal regulations take precedence, meaning sellers must comply with the higher federal standard.

  • Identification Requirements:

    • If there is reasonable doubt about a customer’s age, sellers must request a valid photo ID. Acceptable forms of ID include a driver’s license or other government-issued identification with a photograph.
    • Legal Reference: Mont. Code Ann. § 16-11-305(1) and (2).

Definitions of Vapor and Alternative Nicotine Products

Montana law provides specific definitions for vapor products and alternative nicotine products to clarify their legal status:

  • Vapor Product:

    • A noncombustible product that uses a heating element, power source, or electronic circuit to produce vapor from a solution or substance.
    • Examples include e-cigarettes, electronic cigars, and vape pens, along with cartridges or containers used in such devices.
    • Vapor products do not include tobacco products or products regulated as drug devices by the FDA under Chapter V of the Federal Food, Drug, and Cosmetic Act.

  • Alternative Nicotine Product:

    • Noncombustible nicotine products derived from tobacco, intended for consumption by means such as chewing, absorbing, dissolving, or ingesting.

  • Legal Reference: Mont. Code Ann. § 16-11-302.

Licensing Requirements

Businesses, including vending machine operators, must obtain a retail license from the Montana Department of Revenue to sell vapor or alternative nicotine products.

  • Licensing applies to all retail methods, including vending machines.
  • Legal Reference: Mont. Code Ann. § 16-11-303(1).

Vape Vending Machine Regulations

Montana imposes specific restrictions on the use of vending machines for selling vapor and alternative nicotine products:

  1. Permitted Locations:

    • Vending machines may only be placed in locations where alcoholic beverages are sold and consumed on-site.
    • Restaurants with bars may allow vending machines if the bar area and restaurant share seating.

  2. Supervision and Product Restrictions:

    • The vending machine must be under direct line-of-sight supervision of the owner or an employee.
    • The machine must exclusively contain alternative nicotine products or vapor products.

  3. Prohibited Locations:

    • Vending machines are not permitted in restaurants without a bar or in unsupervised locations.
  • Legal Reference: Mont. Code Ann. § 16-11-306(1) and (2).

Business Licensing and Local Requirements

In addition to state regulations, local municipalities may enforce additional licensing requirements:

  • Cities such as Billings require a business license to operate.
  • Most Montana cities have a business license tax ordinance.
  • Operators should check with the city, county, and state authorities for additional vending machine and business licensing requirements.

Additional Regulations

  1. Excise Tax:

    • As of 2024, Montana does not impose an excise tax on vapor or alternative nicotine products.

  2. Compliance with FDA Rules:

    • Vending machine operators must ensure that products comply with federal FDA regulations, especially concerning age verification and product labeling.

Key Takeaways for Vape Businesses in Montana

  • Compliance with Federal Law: Despite Montana’s minimum age of 18 for purchasing vapor products, businesses must adhere to the federal minimum age of 21.
  • License Required: A retail license from the Montana Department of Revenue is mandatory.
  • Restricted Vending: Vape vending machines are tightly regulated, with sales limited to supervised areas where alcohol is served.
  • Local Variations: Additional city or county requirements may apply, so always confirm local regulations before starting operations.

By following these guidelines, vape vending businesses in Montana can ensure compliance and avoid legal pitfalls.