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MCA 16-12-102 defines marijuana to include germinable seeds, and MCA 16-12-106 lets adults 21+ possess and purchase up to 1 oz, cultivate 2 mature plants and 2 seedlings per person (4/4 per household), and transfer up to 1 oz without consideration to another adult — covering seed gifting. Retail seed and seedling sales run exclusively through dispensaries licensed by the Department of Revenue's Cannabis Control Division under ARM Title 42, ch. 39 with Metrc tracking; the 2025 session (SB 27 license moratorium, SB 74 tax changes) left home-grow and seed rules untouched. Hemp seed is lawful, with cultivation licensed by the Montana Department of Agriculture under MCA Title 80, ch. 18.
