(1) An applicant to the Montana State Hemp Program must:

(a) not be forbidden from participating by a federal agency and agree to a criminal background check;

(b) meet any additional requirements that the USDA or FDA places on the department for the continuation of the program;

(c) not grow Category D varieties listed in ARM 4.19.108; and

(d) apply to the department for participation in the program by May 1 unless the department extends the application deadline.

(2) The department may create a hemp seed repository as part of the pilot program. Only pilot program participants can buy from the repository. The varieties in the repository will be determined by the department. Availability of a particular variety or any seed is not guaranteed by the department.

(3) All post-harvest commercial use of the hemp must be approved by the department so as to not jeopardize the continued existence of the federal approval of the pilot program.

(a) Pre-approved and disapproved uses will be listed on the department web site.