In Nov 2025, a statute was passed in the FY2026 Agriculture Appropriations Act that will federally redefine and criminalize most cannabis seeds sold in the US by excluding them from the previous definition of hemp set forth in the 2018 Farm Bill. Set to take effect on Nov 12, 2026, seeds will become recognized as “cannabis” rather than “hemp” if the mother plant contains over 0.3% THC.
This new statute – found in Sec 781, Exclusion C –undermines the definition of hemp as set forth by the 2018 Farm Bill, and it reverses the 2022 DEA ruling that effectively legalized cannabis seeds by clarifying the DEA’s operative definition of hemp as inclusive of cannabis seeds.
The 2018 Farm Bill defines hemp as any part of the cannabis sativa L plant, including the plant itself and the seeds thereof, that contain 0.3% THC or less on a dry weight basis. Cannabis seeds contain 0% THC, and are therefore federally recognized as hemp.
The new statute, found in Sec 781, Exclusion C of the FY2026 Agriculture Appropriations Act, excludes seeds from the previous definition of hemp if the seeds were derived from a plant that contains more than 0.3% THC. This shifts the onus from the seed to the mother plant.
As a result, legal interstate sale of cannabis seeds will no longer be permitted under federal law. Banking and payment processing will become inaccessible to cannabis seed businesses and breeders, and shipping carriers like USPS will no longer ship cannabis seeds. Despite containing 0% THC, cannabis seeds will become a Schedule III drug.
NASC has been working hard behind the scenes to advocate for sensible changes to this statute before it takes effect this November 2026. By teaming up with industry leaders, attorneys, and politicians, we are hopeful we can get the job done. Now more than ever, we need to unite as a community to fund this effort, to educate our politicians and our peers, and to make our stories, our experiences, and our voices heard.
This week, North Atlantic Seed will be launching the Keep Seeds Legal! Limited Series. With the help of our breeders and allies, we hope to raise money to fund this cause. 100% of proceeds from the sale of any items on this limited edition menu will go to the Keep Seeds Legal advocacy effort. If this is an issue you care about, please consider shopping from the KSL menu this season, and check back regularly as we hope to continue expanding upon the line with added breeders and genetics.
In addition, you will find that you can make a donation at check out should you choose, and we plan to pair this with free seeds in order to give back to all of our amazing customers who donate to this important cause.
If you are willing to reach out to your state US Representatives and Senators, here you will find a website called Democracy.io which simplifies and streamlines this process. Below are some helpful messaging points to lean into. We strongly encourage everyone to make this as personal as it can be, and to lean into the talking points and issues that matter most to your elected politicians. We recognize that doesn’t always align with what matters most to us as individuals or collectively as a community and industry; however, if we expect results, we have to speak the same language they are speaking, meet them where they are at, and attempt to resonate.
Key Messaging Points:
- We think the cannabis/hemp seed exclusion set forth in Sec 781(c)(1) of the FY2026 Agriculture Appropriations Act should be removed entirely from the bill.
- Cannabis Sativa L seeds contain 0% THC, and they are not intoxicating. We feel they should be regulated the same way all seeds are regulated in the US–as an agricultural input. Cannabis seeds should not be lumped in with intoxicating end-products. Doing so unnecessarily overcomplicates an already complex regulatory issue by placing two very different and very nuanced things (agricultural inputs versus intoxicating substances) under the same regulatory umbrella, and categorized as equivalents as Schedule III controlled substances.
- As written, we feel this law will inhibit economic growth, research, and innovation across multiple industries, from industrial hemp to medical research and science initiatives. This law effectively limits the gene pool necessary for innovation in breeding, an issue which is equally relevant to research communities as it is to the US industrial hemp industry. Much like any other crop, scientists require access to genetics in order to isolate and breed forward the desirable traits they are seeking, while breeding out undesirable traits. Beyond just that, genetic diversity is crucial to creating and innovating any vigorous, elite crop.
- The US is well-positioned to be a world leader in the hemp genetics space if we can create a safe regulatory environment for businesses and scientists to innovate and thrive. This statute hamstrings the work we’ve done to set the US apart as trail blazers. There are businesses all over the world attempting to mimic the US’s hemp genetics in order to fulfill demand. Up to this point, it has been nearly impossible to do business outside of the country in the hemp genetics space due to an unclear and often contradictory regulatory framework. US Customs has seized millions of dollars of hemp seeds from US businesses who are 100% compliant with federal law. This bill now threatens our ability to do business and innovate within our own country as well, and we expect that to have a devastating effect on small businesses, their employees, and the state and federal economies that rely on the economic impact this industry has.
By purchasing one of the following packs, you can help fund the legal future of cannabis seeds! Donation options also available at checkout!
