IMPORTANT UPDATE - Section 781 of Public Law 119-37

 

9-5-2026

For the past several years, seeds have generally been considered federally legal under the 2018 Farm Bill because the seeds themselves contain less than 0.3% THC. That interpretation has allowed for the sale and shipment of seeds throughout the United States.

However, a new federal law changes how seeds are defined. Instead of looking at the THC contained in the seed itself, the law looks at the genetics of the parent plant. If that plant would produce flower or material exceeding 0.3% total THC (including THCA), its viable seeds are classified as marijuana under the Controlled Substances Act, not hemp. Under this new definition, most genetics would no longer qualify as hemp.

The law was set back until December 11th, 2026. If it takes effect as written and no amendments or exemptions are made before then, seed companies won't be able to operate under the current business model. Payment processors that currently enable online seed sales are expected to treat the activity as prohibited marijuana commerce — restricting or cutting off payment services and forcing operators into cash-only, crypto, in-state-only sales, or licensed dispensary and nursery channels.

Many organizations are actively working to advocate for changes that would protect genetics and seed preservation. While there is still time for Congress to amend the legislation, for regulators to issue additional guidance, or for legal challenges to change the outcome, the future remains uncertain.

If December arrives and the rules are not amended, this could be the last opportunity for many of these genetics to be available. With that uncertainty in mind, over the coming weeks and months, we'll be dropping some seeds and running Big sales.

Our goal is simple: Get as many packs as possible into the hands of the community while we still can.

Keep an eye on our website and Instagram @cultivarsupply for announcements about upcoming drops, major sales, and what could potentially become close-out events. Whatever happens, we're incredibly grateful to be a part of this community. Thank you for your support. It truly means more than you know.

The law changing the federal definition of hemp is Section 781 of Public Law 119-37.
You can read it at congress.gov