Montana - Tobacco-Free Environments: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law prohibits any smoking or use of tobacco products on school grounds when students are present and/or requires districts to adopt tobacco-free school policies that address some CDC components.

Administrative Rules of Montana, Department of public health and human services, Chapter Public accommodations , Subchapter Schools, 37.111.825 Health supervision and maintenance

(5) Smoking must be prohibited during school hours in rooms and any other areas used by children, and no smoking signs must be posted in each hallway, entryway, gymnasium, lunchroom, and restroom, though not in each classroom. Smoking must be prohibited in school vehicles while used by children for school-related functions.


Montana Code Annotated 2017 Title 20 Education, Chapter 1 General provisions, Part 2 Miscellaneous provisions 20.10.220 Use of tobacco product in public school building or on public school property prohibited.

(1) An individual may not use a tobacco product in a public school building or on public school property.
(2) Subsection (1) does not apply to the use of a tobacco product in a classroom or on other school property as part of a lecture, demonstration, or educational forum sanctioned by a school administrator or faculty member concerning the risks associated with use of a tobacco product.
(3) The principal of an elementary or secondary school, or the principal’s designee, may enforce this section.
(4) A violation of this section is subject to the penalties provided in 50-40-115.
(5) For the purposes of this section, the following definitions apply:

  • (a) “Public school building” or “public school property”:
    • (i) means public land, fixtures, buildings, or other property owned or occupied by an institution for the teaching of minor children that is established and maintained under the laws of the state of Montana at public expense; and
    • (ii) includes school playgrounds, school steps, parking lots, administration buildings, athletic facilities, gymnasiums, locker rooms, and school buses.
  • (b) “Tobacco product” means a substance intended for human consumption that contains tobacco, including cigarettes, cigars, snuff, smoking tobacco, and smokeless tobacco.
    Montana Legislature
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