80-18-103. Industrial hemp -- licensing.


     80-18-103. Industrial hemp -- licensing. (1) An individual growing industrial hemp for commercial purposes shall apply to the department for a license on a form prescribed by the department.
     (2) The application for a license must include the name and address of the applicant and the legal description of the land area to be used for the production of industrial hemp.
     (3) The department shall require each first-time applicant for a license to file a set of the applicant's fingerprints, taken by a law enforcement officer, and any other information necessary to complete a statewide and nationwide criminal history check with the criminal investigation bureau of the department of justice for state processing and with the federal bureau of investigation for federal processing. All costs associated with the criminal history check are the responsibility of the applicant. Criminal history records provided to the department under this section are confidential. The department may use the records only to determine if an applicant is eligible to receive a license for the production of industrial hemp. If the applicant has completed the application process to the satisfaction of the department, the department shall issue the license, which is valid until December of that year. An individual licensed under this section is presumed to be growing industrial hemp for commercial purposes.
     (4) The licensing requirements of this part do not apply to employees of the agricultural experiment station or the Montana state university-Bozeman extension service involved in research and extension-related activities.

     History: En. Sec. 3, Ch. 360, L. 2001.