House lawmaker resigns after bruising battles on vape bills

A Republican lawmaker and vape shop owner has announced his resignation from the Montana Legislature, alleging political favoritism toward major tobacco companies and unscrupulous decision-making by fellow members of the GOP. 

Rep. Ron Marshall, R-Hamilton, has served in the Montana House of Representatives since 2021. An owner of two vape shops in the state, Marshall has become an outspoken critic of national tobacco companies. 

Marshall framed his resignation, which comes as the Legislature nears its midway point, not as an act of protest, but as a type of surrender after two months of bruising battles over vape and tobacco bills.

“I don’t want to swim in this swamp anymore. Why do I want to stay? I’m not a corrupt person. Why do I want to stay around a bunch of corrupt people?” Marshall told reporters on Wednesday. “I’m not going to play this game anymore.”

This session, Marshall sponsored a bill to create a regulatory distinction between vape and tobacco products. The bill also would have limited vaping sales to age-restricted venues for ages 21 and older.

That bill, House Bill 149, passed out of the House Business and Labor Committee in January but spent weeks in limbo before it was scheduled for a vote on the House floor.

Marshall later said the bill’s progress was hindered by lobbyists from Altria and RJ Reynolds, two of the tobacco companies subject to the 1998 Master Settlement Agreement, the legal agreement with 52 states and territories intended to reduce tobacco use. In a lawsuit filed in federal district court in February, Marshall accused the companies of violating the terms of the MSA that restricts them from lobbying against legislation that would limit tobacco use for minors. 

Attorneys for the companies said in court filings that Marshall had no standing to bring the lawsuit and that HB 149 would not have been implicated by the MSA because of differing definitions of tobacco products. A judge later dismissed the case, finding that only the signatories to the agreement can enforce its terms.

After that ruling, Marshall tried to rally support for HB 149 on the House floor. The bill failed to advance on a 38-62 vote, with some Republicans and nearly all Democrats opposed.

Speaking to reporters on Monday about his decision to resign his seat, Marshall said that it’s up to the Montan Attorney General Austin Knudsen to enforce the terms of the MSA. 

“He can pick and choose winners and losers. So in this case, the state really is a loser because we’re allowing these guys to go on and do their thing,” Marshall said. 

Marshall’s final straw, he said, was the committee approval in late February of a bill backed by tobacco companies. House Bill 525, sponsored by Rep. Amy Regier, R-Kalispell, would create a legal registry for vape products that can be sold in Montana and prohibit the sale of products that have not been approved by the Food and Drug Administration. 

Proponents of that bill, including Knudsen, testified to lawmakers on the House Taxation Committee that the measure will take illicit products off the market, including those from Chinese manufacturers that critics say are overtly marketed to youth. 

Opponents, including Marshall, have said the bill will effectively promote vape products owned by big tobacco companies that have received FDA approval, allowing them to corner the market and undermine small businesses currently selling other products.

Many Montana vape shop owners spoke against HB 525 during its hearing, describing alternative nicotine products as harm reduction when compared to traditional cigarettes and blasting the bill’s support by major tobacco companies.

“This bill represents regulatory capture, plain and simple,” testified Kevin Barland, a co-owner of Juice City Vapor, speaking before committee lawmakers. “This legislation would force many consumers back to harmful cigarettes or drive them to purchase black market products, significantly endangering public health.”

The tax committee passed the bill two days later, but not before adding a hefty, Democratic-proposed 50% tax of the wholesale price for certain products. The amendment passed 18-3. The bill then passed the committee unanimously, 21-0.

Marshall said that the widespread Republican support of the amendment flew in the face of conservative values to support lower taxes and small businesses. He criticized Knudsen’s endorsement of the bill and the members of Republican leadership, including House Speaker Brandon Ler and Majority Leader Steve Fitzpatrick, who voted for the amendment. 

Marshall said he’d been in communication with the Ravalli County Republican Central Committee about his decision to step down and said he was confident that they would make selections for his replacement soon. The committee forwards their picks to the county commissioners, who make the final decision. The Legislature is scheduled to pause for its week-long transmittal break beginning this Saturday.

Marshall, who also chairs the House Human Services Committee, said that he expected Vice Chair Rep. Jodee Etchart, R-Billings, to oversee operations upon his departure.

In a statement Wednesday afternoon, House Speaker Ler said he had received Marshall’s resignation and planned to submit it to the Secretary of State’s office shortly.  

“Since his election, Representative Marshall has been a strong advocate for his constituents, and we appreciate his contribution to the Legislature,” the emailed statement said. “As we move forward, Montana House Republicans will continue serving the people of Montana and delivering on the commitments we’ve made to our constituents.”