A bill that aims to exclude vapes or e-cigarettes from tobacco regulations passed Friday in the Montana House.
The bill’s sponsor Rep. Ron Marshall said marijuana and alcohol aren’t regulated the same way, and he doesn’t think cigarettes and vapes should be either. according to the Fairfield Sun Times.
“Each one is in its own lane,” said Marshall, who is married to the owner of Freedom Vapes in Hamilton.
On second reading, 57 representatives voted yes, and 42 voted no on House Bill 293. It needs to pass third reading next.
Some legislators who voted against the bill said they worry it’s going to put more dangerous products in the hands of children.
The Montana legislature in 2021 passed a bill that blocks local governments from banning the sale of flavored vaping products.
Montana vape shop owner Ron Marshall is taking the right to vape to a whole new level.
By Maria Verven
Ron Marshall, who owns Freedom Vapes with three vape shops in Montana, is taking the right to vape to the people’s house. Marshall ran for election to the Montana House of Representatives and won in the general election last November. A Republican, Marshall assumed office in January and will represent District 87—a section in the far western region of the state—for the next two years.
Even before he took office, Marshall worked on two pro-vaping bills—B106, which seeks to prohibit expansion of the Montana Clean Indoor Air Act, and HB137, which seeks to revise the laws around vaping and alternative nicotine products. “Writing laws should be done in this house—the people’s house,” Ron Marshall told members of the House Human Services Committee during a hearing at the state capitol in January.
Making a Difference at the State Level
Although the U.S. Food and Drug Administration classifies vapor devices as tobacco products, Marshall’s bill HB137 seeks to differentiate the two. If passed, the bill would cancel bans on indoor vaping and on the sale of flavored nicotine solutions as well as previous anti-vaping regulations enacted by various counties and cities in Montana.
In short, the bill would prevent the state of Montana from regulating the sale, manufacture, flavoring, marketing, product display, public exposure and access to “alternative nicotine products or vapor products.” Opponents said the bill would prevent individual communities from deciding what is best for them and that enacting the legislation would result in increased use of the addictive flavored nicotine products by young people.
Vapers and vape shop owners gave passionate testimony in favor of the bill, asserting that the state legislature should adopt rules for businesses that ensure reliable access to vapor devices, which are primarily used by smokers to help them quit combustible cigarettes. “Everyone that owns vape shops share the same mission as myself and my family—to help people whom everyone has forgot[ten] about—the daily smokers,” testified Keith Bowman, part owner and general manager of six e-cigarette vape stores in Montana.
Fighting an Uphill Battle
In 2019, the Montana Department of Public Health and Human Services enacted an emergency rule prohibiting the sale of flavored e-cigarettes. Last November, the city of Missoula became the first in the state to permanently ban the sale of flavored e-cigarettes. The state health department also proposed a permanent statewide ban on flavors but ultimately backed down after facing pushback from legislators. Nearly a dozen counties in Montana prohibit indoor vaping.
Ron Marshall / Credit: State of Montana
These anti-vape policies have harmed vape businesses across the state, Marshall said. “During the 2019 session, we defended against eight anti-vaping bills around taxes and clean indoor air. It was out of control,” he said. “We have no problem with sales to customers 18 years or older. The shops had already been doing that without being told. We wrote our own bill to curb youth access through store purchases. It didn’t make it out of committee, but the seeds had been sown.
“Our problem is being called a tobacco product. We are not. Our bill separates tobacco products from alternative nicotine products. We aren’t the same by law in Montana,” he said, explaining that they pay $5 each year to the Department of Revenue for a license to sell alternative nicotine products.
Marshall finally decided to take the fight to the people’s house and ran for the House of Representatives in his district.
“Our current representative termed out, and the seat was open. After a three-way primary and general election, we won! It was a great feeling and a sobering experience,” he said. “The experience you have in everyday life is transmitted to how I look at legislation. If it sounds fishy, it probably is. Ask tough questions. Every time you vote on a bill, it will change someone’s life.”
The Joy of Helping Others Quit Smoking
The Marshalls started their vape business in 2014 after Ron’s wife Deanna suffered from a bad respiratory infection. “She used a disposable V-2 device that someone had recommended, and it worked great for her. After about 10 days, the infection healed. She tried to smoke a cigarette, but it was so disgusting, she couldn’t do it.
“Being a smoker myself, I gave it a try,” Marshall said. “It was good, but not great. Deanna searched the internet looking for something better and found it in the form of SMOK Ego pens. We gave them a try, and it was perfect for both of us. It took me about 10 days to quit smoking completely.
“After that, several people asked us how we did it. The answer was simple. The hard part was accessibility. There were no vape shops in Montana.”
So, in February 2014, the Marshalls opened their own vape shop. “It was slow at first. Deanna put all her time and energy into it. I was only able to be in the shop two days a week,” Marshall said. “But after it took off, it was great. The joy of helping others get away from smoking and improving their lives was a reward that cannot easily be explained.”
Freedom Vapes now has 10 employees with stores in three locations—Hamilton, Missoula and Belgrade. The Marshalls said most of their customers vape as a way to wean themselves off combustible tobacco products. While they and other vape shops refuse to sell products to anyone under age 18, young people can still buy products online, Marshall said.
And while all of Freedom Vape’s flavorings are water-based, online products can potentially contain harmful contaminants. Still, other vapers may resort to mixing their own vape juice if a ban goes into effect.
“That’s very dangerous,” Marshall said. “If they don’t get the right flavoring or use oil-based materials, they can harm themselves. We tell our customers not to buy anything off the street or use any product if they don’t know its source. This ban won’t make the problem go away. It will make it more of a problem.”
Perspective From the ‘Inside’
Marshall said it’s totally different being on the “inside.” “It’s a whole different outlook. I spend lots of time in committee hearings on lots of issues. Plus, you need to draft your own legislation and get it through the system.”
Marshall had worked on his bill HB137 even before he was elected. After the election, a legislative drafter contacted him to ask what section of the Montana code the bill dealt with. A rough draft was sent back to him for input and adjustments before going through legal and other reviews.
“Once it was done, I signed the bill, and then it was off to committee assignments. The committee’s job is to look at the intent of the bill. The intent of HB137 is simply to prevent local cities, counties or state bureaucrats from banning a legal product. It defines and categorizes flavors and definitions of alternative nicotine products and vapor products.”
HB137 then made its way out of committee and on to the floor of the House. When the hearing was held in the House Health and Human Services committee, it was loaded with all the ANTZ (anti-vaping) groups. “It was easier for them to load the hearing with opponents—most of whom were from out of state—because they had to use Zoom during this Covid stuff. We have heard this all before. Nothing new here,” Marshall said.
Montana’s 100 lawmakers then debated it on the floor. “It was tough, but it made it,” Marshall said. The vote was 62 in favor and 37 opposed. “Some of the opposed injected their own personal beliefs into the vote. That is bad policy. You should not dictate your lifestyle on others.
“As a representative of the people, it is their—the people you represent—decision. If HB137 makes it through the Senate and to the Governor’s desk, it will make sure that the people of Montana have access to a product they want.
“It will ensure that small businesses won’t be shut down and closed. Montana will be a vape-friendly state for both consumers and business owners.”
The original “Vaping Vamp,” Maria Verven owns Verve Communications, a PR and marketing firm specializing in the vapor industry.
The Montana legislature on Monday passed a bill that would block local governments from banning the sale of flavored vaping products. The legislation has been sent to the governor’s desk. Senate Bill 398 was carried by Sen. Jason Ellsworth, a Republican from Hamilton. It cleared a final vote in the House, 59-40.
Credit: Katherine Welles
The bill says local governments may not adopt or enforce any ordinances or resolution that prohibit the sale of vaping products. Under the bill, a local government could enact a “reasonable” ordinance or resolution related to the sale of vaping products, according to helenaire.com. While the bill does not define “reasonable,” Ellsworth said to his thinking that could mean something like keeping products out of reach of children in stores or not allowing vaping in restaurants.
Carrying the bill in the House on Monday, Missoula Republican Rep. Mike Hopkins said local governments shouldn’t have the authority to ban the sale of a legal product. “What they seek to do is make illegal what is a completely legal (product) and in the process of doing so smash the economic and financial lives of Montanans who are running businesses,” Hopkins said.
Rep. Mark Thane, a Missoula Democrat, said flavored vaping products are meant to entice youth to take up vaping and that local ordinances are essential to public health. “We have a choice with this bill. We can side with Montana communities and allow them to retain a tool which they can use to help tackle this epidemic or we can prohibit local communities from taking that initiative,” Thane said.
Earlier this session, Rep. Ron Marshall, R-Hamilton, brought a bill that would have barred a local government or the state Department of Public Health and Human Services from creating or continuing a regulation, ordinance or restriction related to vaping products. That bill passed the House in February but later was voted down in the Senate Business, Labor and Economic Affairs Committee. Marshall is a co-owner of a vaping shop.
An attempt by the Montana legislature to stop local governments from enacting ordinances to ban the sale of flavored vaping products was shot down by the state’s Senate on Tuesday. Senate Bill 398, from Sen. Jason Ellsworth was voted down on a second reading by a 21-29 margin. It was then indefinitely postponed on a 31-18 vote.
In opposition to the bill, Sen. Carlie Boland, D-Great Falls, said the state is dealing with a vaping epidemic and that companies make flavors to target children. Boland said taking away the ability to enact regulations to counter vaping among children was harmful, according to an article in the Montana Standard.
“It has to be a community working together to achieve this. We need to address this problem and it should start at our homes and at the local level,” Boland said. Ellsworth argued vaping products are legal and their sale should not be restricted. He also said owners of vape shops testified that local ordinances dramatically hurt their businesses and that shops aren’t allowed to sell to underage minors.
“We should not be enacting laws on a local level. Just think about that for a second. We’ve seen that happen. We’ve seen how that has had repercussions and we’ve had to come back here as a body to rein in these local governments trying to restrict our freedoms,” Ellsworth said
Earlier this session, Rep. Ron Marshall, R-Hamilton, brought a bill that would have barred a local government or the state Department of Public Health and Human Services from creating or continuing a regulation, ordinance or restriction related to vaping products. That bill passed the House in February but later was voted down in the Senate Business, Labor and Economic Affairs Committee. Marshall is a co-owner of a vaping shop.
At the state level, the Montana Department of Public Health and Human Services proposed to ban flavored vaping products in 2020 over concern that flavors targeted children. Ellsworth was a leader in a push from GOP lawmakers to oppose the ban, which the department eventually dropped. Missoula had passed a ban on flavored vaping products, but delayed enforcement until May after it was sued.
Ellsworth’s bill would have said local governments could not enact ordinances that prohibited the sale of vaping products or alternative nicotine products. It did allow the enactment of “reasonable” ordinances or resolutions related to the sale of vaping products, but did not define reasonable.
Lawmaker’s bill to stop Montana communities from enacting local ordinances or resolutions to prohibit the sale of any vaping products or alternative nicotine products saw support last week from vape shop owners and opposition from public heath advocates and educators.
Senate Bill 398 is carried by Republican Sen. Jason Ellsworth. He told the Senate Business, Labor, and Economic Affairs Committee vaping products are legal and should not be banned, according to the Independent Record. “The one thing they cannot do is ban it in totality. It’s a legal product. It should not be banned, but of course they can put sideboards on it,” Ellsworth said.
Under the bill, a local government could enact a “reasonable” ordinance or resolution related to the sale of vaping products. While the bill does not define “reasonable,” Ellsworth said to his thinking that could mean something like keeping products out of reach of children in stores or not allowing vaping in restaurants.
Rep. Ron Marshall, a Republican from Hamilton, spoke in support of the bill. Marshall is co-owner of a vaping store. Earlier this session he brought a bill that would have barred a local government or the state Department of Public Health and Human Services from creating or continuing a regulation, ordinance or restriction related to vaping products.
Reports for the period that include when Ellsworth’s bill was introduced aren’t due yet. At the state level, the Montana Department of Public Health and Human Services proposed to ban flavored vaping products in 2020 over concern that flavors targeted children. Ellsworth was a leader in a push from GOP lawmakers to oppose the ban, which the department eventually dropped.
After passing the House in February, Marshall’s bill was voted down in the Senate Business, Labor, and Economic Affairs Committee in mid-March. Marshall told the same committee Tuesday in support of Ellsworth’s bill that bans on things like flavored vaping products would hurt businesses like his. He also said local governments shouldn’t have power to create ordinances on vaping products.
The Montana Senate heard a measure to limit local government and the Department of Public Health and Human Services from regulating vaping products this week. Bill sponsor Rep. Ron Marshall (R-Hamilton) says vaping and alternative nicotine products are meant to get people away from tobacco.
Proponents say House Bill 137 would keep small businesses open by stopping counties from introducing flavor bans on vape products, according to NBCMontana. Opponents say these products aren’t any less dangerous than cigarettes and are too easily accessible to minors.
The bill Marshall proposed is House Bill 137. According to the official legislation, House Bill 137 will prevent and stop any further regulation on nicotine and vapor products by local and county governments. Health Boards and the Montana Department of Public Health and Human Services are also prohibited from further regulating flavored e-cigarettes and vapor products unless the policies match entirely different regulatory standards that deal with non-tobacco and non-combustible nicotine-containing products.
Marshall, a vape shop owner, and his business partner are former members of the Montana Smoke-Free Association. This bill moves to executive action, when the committee will vote whether to send it to the Senate floor.
Leadership for the city of Missoula, Montana Missoula’s have recommended that the city not enforce its ban against flavored vaping products until May. Enforcement was to begin Monday.
Credit: Nadine Shaabana
The decision comes after two Missoula vape shops and the Montana Smoke Free Association filed suit against Mayor John Engen, Missoula County health officer Ellen Leahy and the city of Missoula.
The lawsuit claims the city’s ordinance flies in the face of state law because the ban applies to adults as well as juveniles, according to NBC Montana. Engen told the Council he’d like to postpone that until May to see what the legislature might do and to prevent unnecessarily spending taxpayer money on litigation. No one objected.
A House bill heard a Montana state house legislative committee last week would limit local control on alternative nicotine and vapor products, retroactively canceling the City of Missoula’s flavored vape ban passed by the Missoula City Council last November.
House Bill 137, sponsored by Rep. Ron Marshall, R-Hamilton, aims to amend the State of Montana’s Youth Access to Tobacco Act by clarifying that alternative nicotine products are separate from tobacco products, according to a story on kpax.com
It would also prevent and stop any regulation on nicotine and vapor products by local governments, health boards and the Montana Department of Public Health and Human Services – an agency that attempted to eliminate the sale of flavored e-cigarettes last summer.
“It needs to be addressed,” said Marshall, who was part of a trade association who unsuccessfully sued over former Gov. Steve Bullock’s 120-day flavored e-cigarettes ban as co-owner of Freedom Vapes in Belgrade, Bozeman and Hamilton.
“There’s a lot of holes, and 56 counties in Montana means 56 different sets of rules. Everything should go through the legislative body when it comes to law. It’s just one of those things where everybody needs to be on the same page, and we need to have a clear definition of what these products are.”
Marshall said that HB 137 has been coming for a long time, and with COVID-19, laws restricting alternative nicotine products cause substantial damage to a retailer’s revenue earnings.
“Right now, with the climate out there with COVID and lost jobs and businesses and all that, coming up with another attempt to shut down more business or curtail more business is the wrong answer,” Marshall said. “You’re not only doing that, but you’re also taking away revenue. And that’s revenue that not only goes to the cities and counties, but to the state. Let’s back up and look at the big picture.”
When the Missoula City Council was discussing its flavored vape ban, City Attorney Jim Nugent said it would likely face a lawsuit as it was written at the time. Council members made changes to the ordinance to strengthen it against any legal challenge.
The city’s flavored vape ban will go into effect on Jan. 25, and Missoula County may use its extraterritorial powers to extend the ordinance five miles beyond city limits.
Nugent said the city hasn’t faced a lawsuit regarding the ordinance, and with the final section of HB 137 stating that the bill would apply retroactively, the city likely won’t face a lawsuit. Nugent said the retroactive portion of the bill is aimed at Missoula.
“Instead of a lawsuit, it is now being challenged through the Legislature,” Nugent said.
Councilmember Gwen Jones, one of the five sponsors of the ordinance, said in a statement to the Missoula Current that she hopes the legislature lets the ordinance stand.
The Missoula County Commissioners in Montana has provisionally voted to expand the city’s vape ban five miles beyond city limits in what commissioner’s say is an effort to reduce youth access to vape products.
Credit: Antonin Fels
The ordinance restricts self-service display of all vaping and tobacco products and prohibits the sale of flavored e-liquids and other tobacco products, according to an article on khq.com. The approval is provisional, meaning it will be discussed again on Jan. 28 before there is a final vote of approval.
Public comment is available online, via mail or at the county commissioners meeting on Jan. 28.
In late November, the City of Missoula, Montana banned flavored vaping products and not flavored combustible tobacco products. Now, Missoula County is considering using its extraterritorial powers to extend the city’s ban on the sale of flavored vapes and their display five miles outside city limits next week.
In late November, the City of Missoula, Montana banned flavored vaping products and not flavored combustible tobacco products. Now, Missoula County is considering using its extraterritorial powers to extend the city’s ban on the sale of flavored vapes and their display five miles outside city limits next week.
If approved, it would be the first time Missoula County applied its extraterritorial powers in four years. The last time it did was related to the city’s smoking ordinance.
“This initially started with the health board adopting a resolution and asking both the commission and City Council to do something to stop the epidemic of youth tobacco, especially using vape products,” said Shannon Therriault, county director of environmental health. “We were seeing a giant increase in the number of kids becoming addicted to nicotine, and a lot of that traces back to flavored tobacco products.”
The city ordinance goes into effect this month.
The city ordinance bans the display of self-service tobacco products of any kind, except where children aren’t permitted. It also banned the sale of all flavored electronic tobacco products, and made it illegal to sell tobacco to anyone under the age of 18.
“The health board reviewed it and approved. Now, it’s coming to the commissioners to review and approve,” said Therriault, according to the Missoula Current. “If approved, it can be applied five miles outside the city limits. It’s great, because it takes in a large amount of the area – the urban area.”
The original city ordinance included a ban on all flavored tobacco, which had the support of health officials but was opposed by dozens of businesses and tobacco users.
