Legal Question in Consumer Law in Montana

Tobacco Retail

According to Montana state law (16-11-305) state law requires ''If there is a reasonable doubt as to the individual's age, the seller shall require presentation of a driver's license or other generally accepted identification that includes a picture of the individual.''

I presented my Maine state License to two seperate retailers who both refused to take anything BUT a Montana state ID for cigarettes. I live in Montana but cannot get a state ID yet, is it Legal for them to discriminate against me? I am 26 years old, these hassles are becoming irritating.


Asked on 4/20/05, 4:30 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Tobacco Retail

The full faith and credit clause of the Constitution requires that they give full validity to your Maine drivers license. The only exception would be if that license was expired or otherwise invalid.

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Answered on 4/20/05, 5:59 pm


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