This is a copy paste from someone else.
PSA: IF YOU GROW, YOU NEED TO READ THIS!!
If you buy/sell/trade/etc. seeds in the good 'ole USA, you need to PAY ATTENTION to this. Currently, there is a bill called, “Fiscal Year 2026 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Bill” that is being worked on by committee(s) in Congress. In it’s current form, it includes provisions that could reclassify most cannabis seeds as marijuana, making them illegal under federal law. This isn’t just a hemp issue—it hits every modern cannabis strain, including CBD-focused ones. Here’s the breakdown, straight from the bill:
What’s the Problem?
Section 759 (pages 113-116 of the bill) changes the definition of “hemp” under the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o). It’s a game-changer for seeds, and not in a good way. Here’s what it does:
- Redefines Hemp: Hemp is still Cannabis sativa L. with a total THC concentration (including THCA) of 0.3% or less on a dry weight basis. But it now excludes:
- Viable seeds from any plant that could grow to exceed 0.3% total THC (including THCA). (Page 113, Sec. 759(1)(C)(i))
- Hemp-derived products with “quantifiable amounts” of THC or cannabinoids with “similar effects” to THC, as decided by the Secretary of Health and Human Services and USDA. (Page 114, Sec. 759(1)(C)(iii))
- Industrial Hemp Exception: Seeds for fiber, grain, or research might still count as “industrial hemp,” but only if they’re not used for cannabinoid production (e.g., CBD). (Page 115, Sec. 759(2))
- Hemp-Derived Cannabinoid Products: Any product (not industrial hemp) with cannabinoids for human/animal use is under stricter rules, especially if it has THC or synthetic cannabinoids. (Page 116, Sec. 759(3))
Why This Screws Over Cannabis Growers
- Most Seeds Could Be “Marijuana”:
- The bill says viable seeds are not hemp if the plant they produce might go over 0.3% total THC (including THCA). (Page 113, Sec. 759(1)(C)(i))
- THCA (tetrahydrocannabinolic acid) converts to THC when heated (like during curing or smoking). Almost every modern cannabis strain—even hemp bred for CBD—has genetics that can push past 0.3% THC when THCA is counted. This means seeds for nearly all strains (high-THC, CBD, or hybrids) could be reclassified as marijuana, a Schedule I drug under federal law.
- Impact: Selling, trading, or even possessing these seeds could become a federal crime, even in legal states. Seed banks, breeders, and home growers could face raids or penalties.
- CBD Industry Gut Punch:
- Many hemp growers rely on seeds for CBD production. If those seeds can produce plants with >0.3% THC (super common due to THCA), they’re no longer “hemp.” (Page 113, Sec. 759(1)(C)(i))
- This could wipe out legal seed supplies for CBD growers, tanking the hemp market. Small farmers and breeders are especially at risk.
- Vague Regulatory Power:
- The bill lets the Secretary of Health and Human Services (with USDA) decide what “quantifiable amounts” of THC or “similar cannabinoids” mean. (Page 114, Sec. 759(1)(C)(iii))
- This gives them carte blanche to crack down on seeds or products they don’t like, even if they’re currently legal. No clear standards = unpredictable enforcement.
- Industrial Hemp Loophole (But It’s Narrow):
- Seeds for industrial hemp (fiber, grain, microgreens, or research) might still be okay, but only if they’re not for cannabinoid production. (Page 115, Sec. 759(2))
- Most growers aren’t in the fiber game, so this doesn’t help us. Plus, proving your seeds are “industrial” could be a legal nightmare.
Real-World Consequences
- Seed Banks: Online and local seed banks could be shut down or forced to stop selling most strains. International shipping? Forget it—customs will seize anything flagged as “marijuana.”
- Breeders: Creating new strains could become illegal if the seeds might produce >0.3% THC plants. Years of genetic work could be criminalized.
- Home Growers: Trading seeds with friends or saving your own could make you a federal target, even in legal states. Got a favorite strain? Its seeds might be contraband.
- Legal States: Federal law trumps state law. Even if your state says cannabis is cool, the feds could still bust you for seeds classified as marijuana.
You can find the bill here: FY26 AGRICULTURE BILL