76-10-104. Exemption from written permission or permit requirement. The following are exemptions to the requirements of 76-10-103:

(1) A permit issued by a land management agency, another government agency, or any other jurisdictional entity in the state is acceptable in lieu of the written permission if the wildcrafting occurs on land managed by the entity issuing the permit.

(2) A landowner or other jurisdictional entity does not need written permission or a permit to wildcraft on property that the landowner or other jurisdictional entity owns.

(3) Written permission or a permit is not required for the amount of wildcrafted plant material that the landowner or other jurisdictional entity determines is for personal or incidental use.