Use of Lawful Products During Nonworking Hours
MT Lawful Product Law
Employees
Employers may not refuse to hire or discriminate against people for legally using lawful products, including food, alcohol, tobacco and marijuana, off premises during nonworking hours. The rule protects off-duty private conduct, with exceptions for impairment and job-related qualifications.
- Where
- Montana
- Citation
- Mont. Code Ann. 39-2-313
- Status
- In force
- In force since
- 1993-10-01
- Last amended
- 2021-10-01
- Enforced by
- Private civil action (see 39-2-314)
- People can sue
- Yes
- Penalties
- Remedies under 39-2-314 (not reviewed in detail).
- Applies to
- Employers, as to hiring, licensing and terms of employment (39-2-313(2)); exceptions for job-impairing use, bona fide occupational qualifications, personal service contracts, and certain nonprofits (39-2-313(3))
What a privacy notice must say
- Employers using product-based insurance rate differences must give employees written notice of the differential rates.Mont. Code Ann. 39-2-313(5)(b) · Only if: Employer uses product-use insurance distinctions
Practices it requires
- Do not refuse to employ or discriminate against an individual for lawful off-premises, off-hours use of a lawful product (including tobacco and marijuana).Mont. Code Ann. 39-2-313(1)-(2)
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Text of 39-2-314 (civil action limitation) not read; effective dates inferred from history notes and the default October 1 rule.
Research reference, not legal advice.