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.
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:
- The definition of “hemp” would be changed so that total THC (including THCA) (not just delta‑9 THC) is used for the measurement. House Docs+3Congress.gov+3scarincihollenbeck.com+3
- The proposal would exclude any viable seeds from Cannabis sativa L. if those seeds (or the plant they grow into) exceed 0.3% total THC (including THCA). Congress.gov+3Congress.gov+3scarincihollenbeck.com+3
- Also excludes hemp‑derived cannabinoid products that contain certain cannabinoids (synthetic, or synthesized etc.), or “quantifiable amounts” of THC/THCA or cannabinoids having similar effects. Congress.gov+2Congress.gov+2
- 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 level Description 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.