Effective November 13, 2025, Congress fundamentally rewrote the laws governing hemp in America. Buried within the government funding bill (starting at pg. 64) is language that will reshape the entire hemp industry, including a critical shift in how marijuana seeds are treated under federal law. See our overview from last week, here.
For years, the hemp industry operated under a simple rule established by the 2018 Farm Bill: if a cannabis plant contained no more than 0.3% delta-9 THC by dry weight, it was legal hemp. This created what many lawmakers now call a "loophole"—one that allowed high-THC genetics, THCA flower, and intoxicating consumable products, to flourish in the legal hemp market (they still remained illegal under the Food and Drug Cosmetic Act).
Here's what changed: The new legislation explicitly excludes from the federal definition of "hemp" viable seeds from plants that exceed 0.3% total THC (including THCA). This means seeds from plants that can grow into high-THC cannabis, or produce high THCA flower, are no longer considered legal hemp. They're now classified as "marijuana" under federal law.
This is a seismic shift that will affect countless operators around the country. Previously, the seeds themselves weren't considered marijuana by DEA and others, simply based on the genetics they carried. Now, if those seeds will produce plants exceeding the total 0.3% THC threshold, they're federally illegal. Some companies operating within the US will now find itself in violation of both federal and state law starting November 13, 2026.
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