Montana Smoking: What you need to know

The Montana Clean Indoor Air Act (CIAA)( MT Code Sec. 50-40-104et seq.) bans smoking in all enclosed public areas, including public and private workplaces with one or more employees; and in vehicles that serve as workplaces. Included are childcare facilities and home-based daycare businesses; public schools and school grounds; community colleges and state universities; healthcare facilities; public transportation vehicles and terminals; bingo halls; and stores.

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Smoking is prohibited in all restaurants, bars, taverns, and casinos.

Exceptions. Exempted from the law are:

  • Up to 35 percent of hotel and motel rooms
  • Sites of religious and cultural ceremonies of Native Americans

Provisions. Under the CIAA, businesses must post "No smoking" signs at pubic entrances. Ashtrays must be removed from all areas under the prohibition.

Penalties. The Act is enforced by the state Department of Public Health and Human Services (DPHHS) and local health departments. The owner or manager who controls a place of employment and who fails to comply with the Law is subject to fines up to $100 for the first three violations, $200 for a fourth violation, and $5,000 for a fifth violation. The owner or manager may be charged with a misdemeanor after the third violation.

Political subdivisions in the state may adopt ordinances and regulations that are stricter than the state law.

Employers are prohibited from discriminating against individuals for the use of lawful products off the employer's premises during nonworking hours (MT Code Sec. 29-2-313 (2)).

Employers may not discriminate against applicants or employees on the basis of their off-duty, off-workplace use of a lawful product (including tobacco) unless ...

>> Read more about Smoking

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