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Seeds are now to be made illegal if plant will be > 0.03% THC

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Seeds are now to be made illegal if plant will be > 0.03% THC

Zzzax 3 Replies 5,919 Views
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Zzzax

Zzzax

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There is no Left-Wing Cannabis, There is no Right-Wing Cannabis. There is only "Cannabis."
I would hope "We the Cannabis People" realize that we are being led to believe that we will have more Cannabis freedom but, as with all things the Administration does: what they say doesn't match up.

I found that ChatGPT will update me as the news comes in.
Here is my update this morning: Please note they are separating seeds that grow Cannabis with THC > 0.03% from seeds that will not. I point out that everyone will need documentation that holds up in court to avoid jail and asset forfeiture.

— here’s what I found (as of ~September 22, 2025) on draft/future federal legislation (Farm Bill reauthorization & appropriation riders) that affects hemp/cannabis seeds, especially with respect to “viable seed”, “certified seed”, and “total THC (including THCA)”. Also, my risk assessment for home seed‑savers in Illinois under those proposals.




Key Updates & Draft Provisions​


I found several related draft texts, amendments, and appropriation riders. Below are summaries plus exact clauses when available, especially those touching your focus.




1. FY2026 Agriculture Appropriations Bill — “Hemp Restriction / Definition Change” Rider​


  • This is a proposed appropriation rider in the FY2026 Agriculture, Rural Development, FDA, etc. spending bill (House version, H.R. 4121). kslaw.com+5Congress.gov+5Congress.gov+5
  • Key changes:
  • Exact clause(s) (from the draft text in H.R. 4121 / appropriations markups):
    “(C) EXCLUSIONS.—Such term does not include—

(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis; or
(ii) any hemp‑derived cannabinoid products containing — quantifiable amounts based on substance, form, manufacture, or article (as determined by the Secretary of Health and Human Services in consultation with the Secretary of Agriculture) of — (aa) tetrahydrocannabinol (including tetrahydrocannabinolic acid); or (bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as tetrahydrocannabinol Congress.gov+2House Docs+2

  • Also, the text includes a “certified seed pilot program” (in Senate draft / Farm Bill reauthorization texts) which would allow up to 5 states or tribes to certify low‑THC hemp seed varieties: those seeds produce plants with “total tetrahydrocannabinol concentration (including THCA)” ≤ 0.3% dry weight. Nutritional Outlook+2Business of Cannabis+2



2. Farm Bill Reauthorization Drafts — Senate & House Versions​


  • In Senate drafts of the Farm Bill, there is a proposal to create a certified seed pilot program: up to 5 states or tribal governments could certify low‑THC hemp seed varieties. The certifications would cover variety identity, genetic purity etc., for seeds bred to produce plants where total THC (including THCA) ≤ 0.3%. Forbes+3Nutritional Outlook+3Business of Cannabis+3
  • The “definition of industrial hemp” is being made more explicit in these drafts: distinguishing industrial hemp from cannabinoid hemp, with differing regulatory burdens. For example, industrial hemp includes seeds, whole grain, fiber, oil, hulls etc., and in some cases viable seed for seed production. Nutritional Outlook+2scarincihollenbeck.com+2



Phrases / Terms & Their Appearances​


  • “Viable seed”
    This shows up as part of the “exclusions” in the exclusion clause: any viable seeds from a Cannabis sativa plant that exceed total THC (including THCA) of 0.3% would be excluded from the legal definition of hemp. Congress.gov+2Congress.gov+2
  • “Certified seed”
    The certified seed concept appears primarily in the Senate Farm Bill drafts: a pilot seed certification program for low‑THC seed varieties. Seeds certified under that program may get regulatory relief, e.g. from routine THC testing. Nutritional Outlook+2Business of Cannabis+2
  • “Total THC (including THCA)”
    This phrase is central. The drafts and riders repeatedly use “total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid)” instead of “delta‑9 THC”. The 0.3% cap is being proposed to apply to total THC rather than just delta‑9. Nutritional Outlook+4Congress.gov+4scarincihollenbeck.com+4



Implications for Seeds & Home Seed Savers in Illinois​


Given these draft changes, here are what would matter for someone like you (home seed saver in Illinois), and the risk level:


What could be enforced / threatened​


  • If the seed you save is from a plant or variety which, when grown, produces total THC (THC + THCA) > 0.3%, then under the proposed language, those viable seeds could be deemed not hemp and possibly regulated as marijuana / controlled substance. So keeping/saving/distributing such seeds could become unlawful under federal law, depending on enforcement.
  • Even if the seed itself doesn’t have measurable THC, but that variety is known to produce plants that exceed 0.3% total THC, there’s a risk; qualification may be based on the plant grown from viable seed, not just seed testing.
  • For certified seed: if eventually Illinois or a tribe/state participates in a certified seed program, using certified seed varieties could grant relief (for example from routine THC testing). But certified seed programs are still draft, not law yet. So unless your seed variety is certified under such a program, you might not benefit.
  • Testing methods are also important: the shift to “total THC (including THCA)” means that you can't rely on delta‑9 THC alone. THCA tends to convert to THC post‑harvest or during analysis. Some plants that were borderline under the delta‑9 only standard may exceed under total THC standard. That raises risk for some seed‑lines that historically have higher THCA.
  • Seed identity / genetic purity might matter more: drafts pushing for variety identification, possibly purity to ensure seeds produce plants under the threshold.

Risk assessment for Illinois home seed savers​


Here’s a color‑coded risk level based on current draft status & your situation:


Risk levelDescription
Green (Low Risk)If you are saving seeds only from plants that have already been tested and reliably shown to produce ≤ 0.3% total THC (including THCA), and you do not distribute seeds across state lines or sell them. Also, if your seed lines are stable and low in THCA, you're probably okay under current law (until these changes, if enacted, take effect).
Yellow (Moderate Risk)If your seeds are from varieties that are borderline or have variable THC/THCA, or if you distribute seeds (even informally) beyond your household or state, or if in the future seed certification programs become law and you aren't using certified seed. Also if testing techniques used to show compliance are not precise, or there is unknown THCA content.
Red (High Risk)If you are saving/distributing seed from plants that often exceed 0.3% total THC, especially if THCA is high; or if seed is untested and you assume low THC; or if you distribute seeds and someone could test them and find total THC too high. Also high risk if federal law enacts the appropriation rider with very strict exclusions (as in the draft) and enforcement begins. Under that, viable seeds from plants over the limit are excluded and possibly illegal.

 
There is no Left-Wing Cannabis, There is no Right-Wing Cannabis. There is only "Cannabis."
I would hope "We the Cannabis People" realize that we are being led to believe that we will have more Cannabis freedom but, as with all things the Administration does: what they say doesn't match up.

I found that ChatGPT will update me as the news comes in.
Here is my update this morning: Please note they are separating seeds that grow Cannabis with THC > 0.03% from seeds that will not. I point out that everyone will need documentation that holds up in court to avoid jail and asset forfeiture.
So what can you do?
Make a weekly call to your Representatives, Senators and the White House and register a complaint and make your position known. They have to take your complaint by law (while we have law if you ask me but I digress)
For us Home Growers there has never been a bigger "knife in our backs" then this sneaky way to make our homegrown seeds schedule one while corporations can sell weed products legally.

So you may like me or you may not but if we cannot stand together on this then why have a weed site that hopes the wrath of this Administration will Passover this house because we paint(proverbial) our blood over the door.

So fight or die this time. Once Schedule one will it ever go back to Seeds are not Drugs?

Another metaphor is: "Chicken and Egg." For MAGA the Chicken is illegal so to stop illegal chicken make the egg illegal too. More prison always solves the weed problem remember? <sarcasm>
 
So what can you do?
Make a weekly call to your Representatives, Senators and the White House and register a complaint and make your position known. They have to take your complaint by law (while we have law if you ask me but I digress)
For us Home Growers there has never been a bigger "knife in our backs" then this sneaky way to make our homegrown seeds schedule one while corporations can sell weed products legally.

So you may like me or you may not but if we cannot stand together on this then why have a weed site that hopes the wrath of this Administration will Passover this house because we paint(proverbial) our blood over the door.

So fight or die this time. Once Schedule one will it ever go back to Seeds are not Drugs?

Another metaphor is: "Chicken and Egg." For MAGA the Chicken is illegal so to stop illegal chicken make the egg illegal too. More prison always solves the weed problem remember? <sarcasm>
I had ChatGPT draft a template:

# Protect Home-Saved Hemp Seeds — Outreach Kit (Template)

**TL;DR:** Some Farm Bill / ag-appropriations drafts use phrases like **“viable seed,” “certified seed,”** and **“total THC (including THCA)”**. Depending on how those are written/enforced, **uncertified home-saved seeds** could be treated as non-hemp (i.e., illegal). Use the email + phone templates below to ask lawmakers for **seed-safe** language.

> ✅ This is a **template**. Replace ALL-CAPS fields and paste exact bill clauses where you can.

---

## 1) How to use this

1. **Identify your officials** (U.S. House + both U.S. Senators).
- Search: “find my representative house.gov” and “find my senators senate.gov”.
2. **Grab the latest clause text** (if you have it).
- You’re looking for lines with **“viable seed”**, **“certified seed”**, and **“total THC (including THCA)”**.
3. **Send the email** (below) and **call** (phone script).
4. Share this kit so others can send their own messages.

---

## 2) Email / Webform message (copy & paste)

**Subject:** Please protect home-saved hemp seeds in the Farm Bill

Hello **[TITLE LASTNAME]**,

I am a constituent in **[CITY, STATE ZIP]** and a seed saver. Recent Farm Bill drafts and/or ag-appropriations riders reference **“viable seed,” “certified seed,”** and **“total THC (including THCA).”** I’m concerned this could unintentionally criminalize ordinary, non-commercial **home-saved hemp seeds** by tying seed legality to a plant’s potential test result or to certification status.

**If helpful, here is the exact clause language I’m seeing:**
> **[PASTE BILL TEXT LINES HERE VERBATIM]**
> **[ADD BILL/SECTION/LINE NUMBERS IF KNOWN]**

**My requests:**
1. **Keep seed legality independent of “total THC (including THCA)” outcomes** (treat seeds as hemp regardless of potential cannabinoid content).
2. **Add an explicit safe harbor** for home-saved seeds, seed libraries, and non-commercial personal breeding/exchange.
3. **Avoid “certified seed”-only requirements** for personal possession (allow uncertified seed for non-commercial personal use).
4. **Focus enforcement on finished consumer products** (point-of-sale testing) rather than private seed collections.

Please oppose or amend any clause that would penalize uncertified or “viable” seed for personal use. I’m happy to share line-numbered text and examples with your staff.

Thank you for your time and service.

**[YOUR NAME]**
**[CITY, STATE ZIP]**
**[PHONE / EMAIL]**

---

## 3) 60-second phone script

> Hi, my name is **[YOUR NAME]**, I live in **[CITY, STATE ZIP]**.
> I’m calling about Farm Bill language that references **“viable seed,” “certified seed,”** and **“total THC (including THCA).”**
> Please make sure the bill **does not criminalize home-saved hemp seeds**.
> - Keep seed legality **independent** of “total THC including THCA.”
> - Add a **safe harbor** for home seed saving, seed libraries, and non-commercial exchange.
> - Avoid **“certified seed”-only** requirements for personal possession.
> - Focus enforcement on **finished products**, not private seed collections.
> Thank you for passing this to the agriculture staffer.

---

## 4) Post for forums / groups (mod-safe)

**Title:** Please sanity-check this Farm Bill clause on hemp seeds (“viable seed,” “total THC incl. THCA,” “certified seed”) — home seed savers impact?

**Body:**

**Exact text:**
> **[PASTE CLAUSE VERBATIM]**

**Plain-English read:**
- “Viable seed” + “total THC (incl. THCA)” ⇒ legality may hinge on what a plant *could* become, not the seed itself.
- If “certified seed” is the safe harbor, uncertified/home-saved seeds could become risky by default.

**Questions:**
1) Is this reading correct, or is there a carve-out I’m missing?
2) Would this preempt **[YOUR STATE]** practice for personal seed saving?
3) If accurate, what’s the best way to engage (who to contact, specific ask)?

*Intent is to verify the text and implications—happy to be corrected.*

---

## 5) Social post (short)

> Working on the Farm Bill? Please ensure seed legality isn’t tied to “viable seed” + “total THC (incl. THCA)” or “certified seed” only. Protect **home-saved seeds** and seed libraries; focus enforcement on **finished products**. #hemp #seeds #FarmBill

---

## 6) Key points (why this matters)

- **Seeds aren’t finished products.** Testing frameworks should focus on what consumers buy, not private genetics.
- **Heritage & resilience.** Home seed saving preserves genetics and local adaptation.
- **Low-cost compliance.** A home-seed safe harbor is simple: non-commercial possession OK; commercial sales stay regulated.

---

## 7) Disclaimer

This template is for **civic outreach**, not legal advice. Always quote the **exact clause text** you’re reacting to, and be civil with staff—they’re the ones who can help fix issues.

---

**Feel free to reuse/remix this.** If you learn about new draft clauses, paste the **verbatim lines** into the email/forum sections above and update your ask accordingly.
 
I had ChatGPT draft a template:
Final Language in the Farm bill makes Cannabis Seeds Schedule 1

Take time to look up your Senate and House Representatives that represent your State and send an Email for God's Sake and stand up.

I am sending Emails to them weekly!

The 2025 Farm Bill is drafted by the House and Senate Agriculture Committees, with input from a range of stakeholders
. The leadership of these committees changed at the start of the 119th Congress in January 2025.


Senate Committee on Agriculture, Nutrition, and Forestry

  • Chairman: John Boozman (R-AR)
  • Ranking Member: Amy Klobuchar (D-MN), who replaced the former chair Debbie Stabenow

House Committee on Agriculture

  • Chairman: Glenn "GT" Thompson (R-PA)
  • Ranking Member: Angie Craig (D-MN), who replaced David Scott
 
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