Montana legislation · 2025 Regular Session
Montana HB149: Generally revise alternative nicotine and vapor products laws
Status: Chaptered, May 20, 2025
What the bill says
A bill for an act entitled: "an act generally revising laws relating to alternative nicotine and vapor products; establishing that alternative nicotine and vapor products are separate from tobacco regulations; providing definitions; providing for licensure and fees; providing restrictions on sales to persons under 18 and on certain other sales; providing that all retail sales of alternative nicotine or any vapor products must be at locations that restrict age for entry; providing for civil penalties…
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS RELATING TO ALTERNATIVE NICOTINE AND VAPOR PRODUCTS; ESTABLISHING THAT ALTERNATIVE NICOTINE AND VAPOR PRODUCTS ARE SEPARATE FROM TOBACCO REGULATIONS; PROVIDING DEFINITIONS; PROVIDING FOR LICENSURE AND FEES; PROVIDING RESTRICTIONS ON SALES TO PERSONS UNDER 18 AND ON CERTAIN OTHER SALES; PROVIDING THAT ALL RETAIL SALES OF ALTERNATIVE NICOTINE OR ANY VAPOR PRODUCTS MUST BE AT LOCATIONS THAT RESTRICT AGE FOR ENTRY; PROVIDING FOR CIVIL PENALTIES; AMENDING SECTIONS 7-1-111, 16-11-122, 16-11-302, 16-11-303, 16-11-304, 16-11-305, 16-11-306, 16-11-308, 16-11-309, 16-11-310, 16-11-311, 30-16-301, 45-5-623, 45-5-637, AND 50-50-207, MCA; AND REPEALING SECTION 16-11-313, MCA." WHEREAS, the Supreme Court of the United States is considering Wages and White Lion Investments LLC, dba Triton Distribution v. U.S. Food and Drug Administration, No. 23-1038, a case that will address the FDA's administrative restrictions on the alternative nicotine and vapor product industry. In this case, the U.S. 5th Circuit Court of Appeals already condemned the FDA's rules, finding the imposed requisites "unfair" and that the FDA "unexpectedly demanded" requirements of the alternative nicotine and vapor industry that were not in the enacting legislation; and WHEREAS, in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024), the Supreme Court overturned its 1984 decision in Chevron USA Inc. v. Natural Resource Defense Council, 468 US 1227 (1984), holding that it …
Sponsors
- Marshall, Ron (R, 87) · primary sponsor
Latest actions
- : (H) Died in Process
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : (H) Returned from Enrolling
- : (H) Sent to Enrolling
- : (S) 3rd Reading Concurred
- : (S) Scheduled for 3rd Reading
Votes
- Do Pass As Amended (February 26, 2025): 38 yea, 62 nay, failed
- AMD-HB0149.003.001 Marshall DO PASS (February 26, 2025): 60 yea, 40 nay, passed
Subjects: Tobacco, Revenue, State
Common questions
- What is HB149?
- HB149 is a bill in the Montana Legislature (2025 Regular Session): Generally revise alternative nicotine and vapor products laws.
- What does HB149 do?
- In its own words: A bill for an act entitled: "an act generally revising laws relating to alternative nicotine and vapor products; establishing that alternative nicotine and vapor products are separate from tobacco regulations; providing definitions; providing for licensure and fees; providing restrictions on sales to persons under 18 and on certain other sales; providing that all retail sales of alternative nicotine or any vapor products must be at locations that restrict age for entry; providing for civil penalties…
- What is the status of HB149?
- Chaptered as of May 20, 2025. Latest action: (H) Died in Process (May 20, 2025).
- Who sponsored HB149?
- Marshall, Ron (R, 87).
- Where is the official record for HB149?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1625
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.