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4.19.107    HEMP VARIETY

(1) Applicants must inform the department of varieties planted and the location of each variety by sending the information to the department.

(2) The department will send the full Montana State Hemp License for the year after receiving the required information from the applicant.

(3) The department recognizes a four-category system, found in ARM 4.19.108, to illustrate the relative risk of hemp cultivars concerning THC levels.

(4) Persons distributing hemp seeds for planting must comply with the Montana Agricultural Seed and Patented Plant Material Act.

(a) A person whose name and address appear on the label of hemp seed sold in Montana, as required by 80-5-123, MCA, shall obtain a seed labeler's license from the department before doing business in Montana;

(b) all facilities located in the state that condition hemp seed shall obtain a license from the department for each facility; and

(c) a person who sells hemp seed in Montana, whether from in-state or out-of-state shall obtain a seed dealer's license from the department for each place where seed is located or sold. 

(5) Clones of industrial hemp plants may be approved for commercial production of industrial hemp. Clones are in the same category as their parent plant. Clones must comply with the Montana Disease, Pest and Weed Control Act, and additional documentation may be required for interstate shipments.


History: 80-18-107, MCA; IMP, 80-5-123, 80-5-125, 80-18-102, 80-18-103, 80-18-106, MCA; NEW, 2019 MAR p. 532, Eff. 5/11/19; AMD, 2021 MAR p. 59, Eff. 1/16/21.

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