Tobacco and Vapes Under 18
MCA 16-11-305 — no sale to anyone under 18, and a $50 fine for a first possession
No one may sell or distribute a tobacco product, alternative nicotine product or vapor product to anyone under 18. With reasonable doubt about age, the seller asks for a license or other photo identification, physical or digital.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
| Possession or use under 18 | Fine |
|---|---|
| Possession or use under 18First | Fine$50 |
| Possession or use under 18Second | Fine$75 to $100 |
| Possession or use under 18Third or later | Fine$100 to $250 |
Sources for this section (2)
- MCA 16-11-305 — Sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age prohibited
- MCA 45-5-637 — Possession or consumption of tobacco products, alternative nicotine products, or vapor products by persons under 18 years of age prohibited -- unlawful attempt to purchase -- penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.