(1) A grower must apply for and receive a hemp research license, in addition to the standard hemp grower license, before being allowed to conduct research and cultivate hemp plants (excluding research already exempted in 80-18-103(3), MCA) not intended for commercial use. 

(2) The department may recognize certain lots or plants of hemp as research by a licensed grower provided the plants and plant parts:

(a) do not enter commerce;

(b) are not used for personal use or gain;

(c) are only grown indoors unless granted an exception from the department;

(d) are grown with the goal of establishing improved hemp genetics or other legitimate purposes approved by the department;

(e) are tracked and reported to the department beginning with the license application and throughout the licensing year; and

(f) shall be destroyed, other than seed for propagation used for further research and potential future genetics.

(3) All research findings must be reported to the department.

(4) The THC testing of research plants is the responsibility of the license holder.

(5) Proven and established varieties must be approved by the department before entering a non-research phase and entering commerce.

(6) Official Montana research facilities are exempt from (2)(c) and (d) of this rule.


History: 80-1-102, 80-18-107, MCA; IMP, 80-18-103, MCA; NEW, 2021 MAR p. 59, Eff. 1/16/21.