Tag: Montana

Missoula Bans Flavored Vapes, Flavored Cigarettes OK
The vote was 5 to 4. The city council for the Montana city of Missoula voted Monday to ban the sale of flavored e-cigarettes and vapes within five miles of city limits. The ban does not include flavors for other tobacco products, such as cigarettes or cigars.
Credit: Timothy S. Donahue
Not only does this new ordinance ban the sale of flavored products it also restricts the display of all tobacco. Retailers in Missoula will have to move any tobacco product behind their counter, according to an article on khq.com.
The ordinance will go into effect on Jan 25, 2021, allowing stores to sell off the remainder of their flavored products and to move all tobacco products behind their counter. These new changes will be enforced through both the Missoula City County Health Department and the police.
The intent of this ban is to make it more difficult for minors to get a hold of tobacco products, according to council members. Multiple city council members also said the ban will counteract the predatory marketing of big tobacco companies, at least on the local level.
The ordinance is made up of three main components. First, it requires retailers to keep all tobacco products behind the counter. Next, it prohibits the sale of flavored tobacco when used with an e-cigarette. Finally, it makes it unlawful to sell or give tobacco to any minor.
The councilmembers who voted against the ban all gave different reasons for their opposition to the ordinance. Those included not wanting local business to lose revenue and jobs, not wanting to get involved with lawsuits with tobacco retailers and freedom of choice.
“I am very pro-choice about what happens to my body and what goes into it and I don’t feel that I am in a position to dictate how one should cope in this world. So I will not be supporting this ordinance,” Councilmember Heather Harp said.
November 24, 2020
Missoula Votes Monday to Ban E-Liquid Flavors Not Cigarettes
The Montana city of Missoula wants to ban flavors in e-cigarettes and vapor products, but not combustible tobacco products. The Missoula City Council will vote Monday on the flavored “tobacco ordinance that prohibits the sale of flavored electronic tobacco products,” according to an article in the Missoulian.
Credit: Marko Sokolovic
The ordinance would also prohibit self-serve access to all tobacco products. The vote comes after the city’s Public Safety and Health Committee approved Wednesday amendments to a proposed ordinance which previously sought to ban the sale of all flavored tobacco products in the city. The bill was originally proposed last month.
On Wednesday, the Public Safety and Health Committee approved the amendments in a 9-2 vote with Councilor Jesse Ramos absent and Councilors Sandra Vasecka and John Contos voting against the changes. The ordinance will go before council for final consideration on Monday, Nov. 23.
The changes to the proposed ordinance came after extensive public comment and criticism by some, including the Missoula Area Chamber of Commerce, who said the ban was too broad and would harm local businesses. The ordinance aims to prevent youth access to and use of tobacco and nicotine, and is sponsored by council members Mirtha Becerra, Gwen Jones, Stacie Anderson, Heidi West and Julie Merritt.
Becerra said the new ordinance focuses on flavored electronic tobacco products because they come in an array of flavors and packaging that she said is targeted to children.
November 20, 2020
Voters Approve Marijuana Measures in 5 U.S. States

Some 16 million Americans were added to the list of places that allow adults to use marijuana legally, after voters in New Jersey, Arizona, South Dakota and Montana on Tuesday overwhelmingly approved ballot measures on weed.
They will join about 93 million Americans who live in states that already have legalized weed, meaning about 1 in 3 Americans now live in states where marijuana is legal for anyone at least 21 years old, according to Politco.com.
South Dakota and Mississippi voters also approved measures to legalize medical marijuana on Election Day.
The momentum in states, including deep red parts of the country, should be a call to action for the federal government, said Steve Hawkins, the executive director of legalization advocacy group Marijuana Policy Project. Marijuana remains illegal under federal law.
“Regardless of who controls the White House, the House and the Senate, we should demand landmark federal marijuana reform in 2021,” Hawkins said.
The New Jersey measure does not immediately legalize marijuana, however. The state Legislature still needs to pass legislation to implement legalization.
November 4, 2020
MIssoula Flavored Vapor Ban Sent Back to Committee

Credit: Vaporesso
The City of Missoula, Montana’s proposal to ban the sale of all flavored tobacco products was sent back to committee for further review. The Missoula City Council made that decision Monday night after some legal questions arose.
The proposed ordinance would ban the sale of all menthol, candy and mint flavored tobacco, smokeless tobacco and e-cigarette products. Missoula took up the proposal after the state health department earlier this year offered and then pulled back a more limited state-wide proposal on banning flavored e-cigarette products.
Proponents of Missoula’s proposal say the products are designed to attract and ultimately hook young people on nicotine. But opponents say the ordinance would devastate local retailers, who point out they already only sell to adults over the age of 21, according to Montana Public Radio (MTPR).
Mirtha Becerra, a member of the city council’s Public Safety and Health Committee, said the committee will soon take a second look at the proposal. Becerra tells MTPR the committee has no intention of watering the proposal down into a resolution with no legal weight behind it.
“The reason behind sending it back to committee is to ensure that we reinforce the ordinance, clarify some definitions, make sure that our data is the most up to date, but keeping it true to the north star, if you will, of that ordinance, which is preventing youth from getting addicted to a life of nicotine problems.”
The committee will again discuss the proposal to ban flavored tobacco product sales in Missoula, next Wednesday, November 4.
A public hearing before the full city council would follow on Monday, November 09.
October 28, 2020
Montana Supreme Court Rejects Pot-Initiative Lawsuit

A lawsuit brought by an anti-marijuana group seeking to block statewide legalization of recreational cannabis was quickly rejected by the Montana Supreme Court.
An attorney for Wrong for Montana and its treasurer, Steve Zabawa, filed a petition Tuesday seeking to invalidate Initiative 190, a ballot measure that would legalize marijuana in the state, according to the Daily Inter Lake. The group argues I-190 would illegally earmark tax revenue from pot sales to be used for specific purposes, which is a responsibility reserved for the Legislature.
Zabawa and his attorney, Brian Thompson, pointed to Article III, Section 4 of the Montana Constitution, which says, “The people may enact laws by initiative on all matters except appropriations of money and local or special laws.” Their lawsuit hinged on the meaning of the term “appropriation.”
The court dismissed the suit on Wednesday, saying Zabawa’s group did not demonstrate the case is urgent enough to skip over the usual trial and appeal phases, according to the story.
New Approach Montana, the committee backing I-190, celebrated the court’s decision.
New Approach Montana also backs a companion amendment to the state Constitution that would raise the legal age for recreational marijuana use to 21. The group says legal marijuana would generate more than $236 million in taxes over the next six years, citing a study from the University of Montana’s Bureau of Business and Economic Research.
October 24, 2020
Marijuana Legalization Vote on Ballot in 5 U.S. States

Credit: Sharon McCutcheon
Marijuana legalization is on the ballot in five U.S. states on Nov.3, four of which are for recreational use. The financial crisis cause by the Covid-19 pandemic and potential to bring in more taxes are the motivation for the measures.
In less than 2 weeks, voters will decide on whether to legalize recreational marijuana in Arizona, Montana, New Jersey and South Dakota. Mississippi will also consider a pair of ballot initiatives to legalize medical marijuana.
Despite COVID-19 risks, advocates managed to collect more than 661,000 signatures in four of those states in the 2020 election cycle to put the questions on the ballot, according to rollcall.com. Some began before the pandemic hit, while advocates with later deadlines added protective steps like using individual plastic-wrapped pens.
In recent years, 11 states and the District of Columbia have legalized recreational marijuana for adults 21 years old or older, while 33 states plus the District have legalized medical marijuana for some patients.
If successful, as is likely in all the states this year except possibly Mississippi, the new legalization efforts could altogether bring in hundreds of millions in tax revenue, which could help blunt the impact of states’ plummeting revenue due to the economic collapse, according to rollcall.com.
Matthew Schweich, deputy director at the Marijuana Policy Project, said many supporters were already swayed by the revenue marijuana taxes bring in. The dire budget conditions of many states could increasingly become a strong argument in favor of legalization.
“Voters are aware of the fiscal pain that’s already here or coming down the road. I believe they’re seeing marijuana revenue as part of the solution,” he said.
October 22, 2020
Missoula, Montana Wants to Ban Flavors for Vapor Products

Credit Getulio Moraes
Missoula City Council in Montana proposed a ban on flavored vapor products at a public hearing on Monday. The proposed legislative action garnered more support for the ban than opposition.
Supporters included teachers, pediatricians, dentists and parents, according to an article on nbcmontana.com. “Montana communities need to take action, because our state and federal government have not stepped up to protect kids from being targeted by these addictive and dangerous products,” said Beth Morrison, a volunteer with Parents Against Vaping in Montana.
Supporters of the ban argue the candy-like appearance of vape product packaging attracts kids and hooks them on nicotine long-term. Many local businesses expressed opposition to the ban, saying it would deeply affect business and employment.
“We know that if we just remove the tobacco products at the three Noon’s stores in town, we are going to have to furlough three to five employees, because our labor budgets are based on a budget of total sales,” said John Monahan, sales manager at Noon’s, the story states.
Shops that specialize in vape and e-cigarettes said they would have to shut down completely.
“76 percent of our juice sales at Liberty Vapor are flavored juices sold to adults. If the ordinance was enacted, it would put us out of business,” said Tommie Dobbs, co-owner of Liberty Vapor. “We don’t have the extra things that we sell in our store. We don’t have the potato chips, the soda, the gas, we don’t have any revenue from those types of things that gas stations do.”
There are more than five vaporizer stores within Missoula city limits that specialize in selling vaping products and e-cigarettes.
Store owners argue that underage kids who get ahold of tobacco products usually get it from someone who purchased it legally or they get it online. They say whether a ban on the sale of flavored tobacco products passes, kids are still going to get ahold of it with those methods.
The City Council will talk about the vaping ban again during Wednesday’s committee meeting.
Public comment can be left on the Council’s voicemail at 406-552-6012 or an email can be sent to the Council at council@ci.missoula.mt.us.
October 20, 2020
Montana Officials End Bid to Ban Flavored Vaping Products

Credit: Smoking Vapor
The Montana health department has ended its quest to ban flavored vaping products in the state.
The decision came Friday after 13 state senators and seven representatives, all Republicans, signed letters last month opposing the rule and stating that the health department does not have the authority to implement such a ban, according to NBC Montana.
Montana law dictates that a poll of the entire Legislature is required when 20 or more legislators object to a proposed administrative rule.
Department of Public Health and Human Services Director Sheila Hogan said the decision to poll the Legislature revealed that additional education and collaboration is necessary to protect Montana’s young people, according to the story
August 15, 2020
Montana Lawmakers to be Polled on Flavored Vaping Ban
Lawmakers in Montana legislature will be polled on a proposed ban of flavored vaping products. The decision comes after numerous Republican lawmakers opposed the rule advanced by the Montana Department of Health and Human Services.
Montana law dictates that a poll of the legislature is required when 20 or more legislators object to a proposed administrative rule, according to an article on flatheadbeacon.com.
Thirteen Montana senators and seven representatives, all Republicans, signed letters last month opposing the rule, stating that the health department does not have the authority to implement such a ban. If passed, the rule would prohibit all sales, distribution and marketing of electronic smoking devices in Montana. The health department proposed the rule on June 16, citing increased use of flavored vaping products by Montana youth.
Numerous health officials spoke Wednesday in favor of the proposed ban during a special meeting of the legislative Children, Families, Health and Human Services Committee.
The committee, which has jurisdiction over the health department, determined that Montana’s 50 senators and 100 house members will be polled on whether the rule is “consistent with the intent of the legislature.”
Supporters of the ban cited a study conducted by Stanford researchers and released earlier this week, which linked vaping with a substantially increased risk of COVID-19 in youth. The research found that those who used vaping products were five to seven times more likely to be infected with the respiratory virus than those who did not use e-cigarettes.
Sen. Jason Ellsworth, R-Hamilton, was one of the 20 legislators who opposed the rule. He spoke during the committee meeting Wednesday, stating the health department was “circumventing the legislative process by trying to create law within rule.”
“We have three branches in our government,” Ellsworth said. “We do not have a fourth branch, we do not have a branch called the Department of Health and Human Services, or any other department that can create law.”
Polling ballots will be sent to Montana legislators by next week, and must be postmarked by Sept. 8. Poll results will be provided to the Montana secretary of state for publication.
August 13, 2020
No Decision Reached in Montana Flavor Ban Talks

Photo: Yekophotostudio | Dreamstime.com
Those advocating both for and against a proposed ban on the sale of flavored vapor products gave two very different opinions of the same product. During a virtual hearing on Thursday, proponents of flavored vapes said a ban would protect children from a lifetime of addiction to nicotine while those opposed claimed it was being unfairly targeted and helped smokers quit combustible cigarettes.
The ban, discussed during a two-hour virtual hearing held by the Department of Public Health and Human Services (DPHHS), would eliminate the sale, marketing, advertising or distribution of flavored electronic smoking products, also known as vaping, that target Montana youth, according to an article in the Great Falls Tribune.
No decision was reached Thursday, only public testimony was taken.
Comments can also be submitted in writing to Heidi Clark, DPHHS Office of Legal Affairs, PO Box 4210, Helena, MT, 59604; fax (406) 444-9744; or email dphhslegal@mt.gov. Comments must be received no later than 5 p.m. July 24.
July 17, 2020