Federal Hemp Update: What We’re Watching Ahead of December 11

 

 

Over the past year, we’ve been closely following changes to federal hemp law and what they could mean for cannabis seeds.

 

With December 11 approaching, questions remain about what happens next.

Will seeds still be available?

Should you be thinking ahead about what you want to grow next season?

 

We’ve put this page together to explain how we got here, what the law says about seeds, and what we’re watching in the weeks ahead.

 

We’ll continue updating it as new information becomes available.

 

In November 2025, Congress passed legislation to reopen the federal government following a 42-day shutdown. That larger spending package included Section 781, which changed the federal definition of hemp established by the 2018 Farm Bill.

 

The legislation was signed into law on November 12, 2025, but most of the new hemp definition took effect one year later. That originally made November 12, 2026, the date the industry was preparing for.

 

Since then, hemp businesses, industry organizations and lawmakers have spent the past year pushing for changes, clearer regulations and more time before the new definition takes effect.

 

And there has already been movement.

 

In September, Congress passed another continuing resolution that delayed most of the new hemp definition from November 12 to December 11, 2026.

 

That’s why December 11 is the date we’re watching now. It’s also why we don’t think it makes sense to make sweeping predictions about what will happen then. Efforts to delay, repeal, or change parts of the new framework are still underway in Washington.

 

Under current federal law, cannabis seeds are treated based on what they are in seed form.

 

The 2018 Farm Bill included seeds in the federal definition of hemp as long as they contain no more than 0.3% delta-9 THC on a dry-weight basis.

 

In 2022, the DEA weighed in directly on this question, stating that a cannabis seed with no more than 0.3% delta-9 THC “meets the definition of ‘hemp’ and thus is not controlled under the CSA.”

 

Importantly, that determination is based on the THC concentration of the seed itself, not the type of plant it came from or what that seed might eventually grow into.

 

Section 781 introduces a different standard.

 

Under the new definition, viable seeds produced by a cannabis plant with more than 0.3% total THC, including THCA, would be excluded from the federal definition of hemp.

 

That means the seed’s own THC concentration would no longer be the only consideration. The THC concentration of the plant that produced it would matter too.

 

That’s a significant shift for an industry that has spent the last several years operating under a federal framework focused on the seed itself.

 

Much of the debate surrounding the new hemp rules has focused on intoxicating hemp products. But the language Congress passed goes further, creating a new exclusion from the definition of hemp for certain viable cannabis seeds.

 

That’s what makes this unusual for seed businesses.

 

Cannabis seeds aren’t intoxicating, and the THC associated with cannabis develops as the plant grows and matures. Yet under the new definition, a seed’s status as hemp can depend on the THC concentration of the plant that produced it.

 

That raises practical questions about how the new standard will be documented and applied to seeds, and we’re continuing to follow those questions.

 

The law isn’t written as a blanket ban on cannabis seeds. Instead, it changes which viable seeds can qualify as hemp under federal law after December 11.

 

What the change means in practice for seed businesses and customers is still developing, so we’re taking the December 11 date seriously without predicting exactly what happens next.

 

Efforts are also underway in Washington and across the hemp industry to address the changes before they take effect.

 

We’re preparing for December 11 today, but this has already been a moving target.

 

The original November 12 effective date has been extended, and efforts to change or further delay portions of the new hemp framework are continuing.

 

We’ll continue to follow those developments and update this page as new information becomes available. If something changes that affects Seednest or our customers, we’ll explain it here.

 

In the meantime, Seednest is operating normally and shipping orders as usual.

 

And whether you’re planning next season’s garden or saving a favorite variety for a future grow, it’s always a good idea to have seeds on hand. Properly stored seeds can remain viable for years, so buying seeds doesn’t mean you need to grow them right away.  Learn more about how to store seeds here.

 

As always, home cultivation laws vary by state. While we wait to learn more about how the federal changes will be implemented, make sure you understand and follow the laws where you live.

 

We’ll keep growing, keep paying attention, and keep you informed along the way.