Montana Code 76-10-107. Violations — penalties
76-10-107. Violations — penalties. (1) It is unlawful for a person to:
Terms Used In Montana Code 76-10-107
- Landowner: means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property. See Montana Code 76-10-102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization. See Montana Code 76-10-102
- Property: means land, roads, water, watercourses, and private ways. See Montana Code 76-10-102
- Wildcrafted plant material: means any plant or part of any plant species that is not cultivated and that is growing wild on any lands in Montana. See Montana Code 76-10-102
(a)fail to obtain permission from a landowner to enter property for purposes of wildcrafting;
(b)transport wildcrafted plant material without a bill of sale, a signed, written permission form, or a permit from a landowner as provided in 76-10-103;
(c)have in the person’s possession an amount of wildcrafted plant material that is in excess of the amount granted in the bill of sale, written permission, or permit.
(2)A person who is found to have violated subsection (1) is guilty of a misdemeanor punishable by a fine in an amount not less than $100 or more than $1,000 or by imprisonment in the county jail for a term not to exceed 6 months or not less than 24 hours, or both, for a first offense. An offender convicted of a second offense under this section shall be fined not less than $500 or more than $1,000 or be imprisoned in the county jail for a term not to exceed 1 year or not less than 6 months, or both.
(3)All wildcrafted plant material that is illegally wildcrafted, transported, or in the possession of a person convicted under this section must be impounded.
(4)The incidental disturbance of plants by a lessee or permittee who is lawfully exercising rights granted under the lease or permit is not considered to be in violation of this part.