Does the DEA consider cannabis seeds hemp? In January 2022 the DEA said cannabis seed with not more than 0.3 percent delta-9 THC meets the federal hemp definition and is not controlled. That matches the statute in force today. From 12 November 2026 an amendment excludes viable seeds from plants over 0.3 percent total THC, unless Congress moves the date.
What did the DEA say about cannabis seeds in 2022?
On 6 January 2022 the DEA answered attorney Shane Pennington’s inquiry on the control status of cannabis seeds under the Controlled Substances Act. As reproduced by Kight on Cannabis, the agency wrote that marihuana seed with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis meets the definition of hemp and is not controlled under the CSA. Kight’s gloss: no seed carries that much delta-9 THC, so the letter covers seed from hemp and marijuana plants alike.
Does the DEA consider cannabis seeds hemp? The statute, in two dates
The definition is Section 297A of the Agricultural Marketing Act of 1946, at 7 U.S.C. 1639o. This desk read that section on Cornell’s Legal Information Institute, the enrolled text of Public Law 119-37 on govinfo, and the Kight article on 19 September 2026.
| In force on 19 September 2026 (2018 Farm Bill text) | Section 781 replacement, effective 365 days after 12 November 2025 | |
|---|---|---|
| Definition | “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” | Same opening words, but “with a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis” |
| Seeds | Included: “the seeds thereof” | Excluded: “any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of 0.3 percent in the plant on a dry weight basis” |
| What is measured | Delta-9 THC only | Total THC including THCA |
| What is tested for seed | The seed itself | The parent plant |
| Other exclusions | None listed | Intermediate and final hemp-derived cannabinoid products over set thresholds, including a 0.4 milligram per container ceiling on final products |
The enrolled law, Public Law 119-37, Section 781, opens “Effective 365 days after the enactment of this Act”. Enactment was 12 November 2025; 365 days on is 12 November 2026. A vendor snippet giving 11 December 2026 turned up in search; this desk did not read that page and does not adopt its date.
Are cannabis seeds considered hemp after the amendment?
Only some of them. The new text does not say seeds stop being hemp. It says viable seeds from a plant over 0.3 percent total THC are not hemp: the test moves from the seed to the plant that produced it, and the statute does not say how to apply that to a sealed packet. Seed from a compliant hemp cultivar stays inside; seed from a plant grown for flower will, on any ordinary reading, fall outside. In the pages this desk read this run, the DEA has published no newer position on seed. This site’s report on the two bills that would move or repeal the section treats vendor explainers as vendor readings.
Is it legal to ship marijuana seeds?
A federal classification is not a customs rule. As this site’s customs-notice post reported, U.S. Customs and Border Protection seizes seed parcels under the definition in force today, and that post covers what arrives when it does. An overseas vendor’s souvenir clause was a thin shield before Section 781 and is thinner after it.
Frequently asked questions
Are cannabis seeds legal in the US?
Under federal law on 19 September 2026, seed with not more than 0.3 percent delta-9 THC is inside the hemp definition and not a controlled substance. From 12 November 2026 viable seed from a plant over 0.3 percent total THC is excluded. State law decides whether you may germinate it.
What did the DEA say about cannabis seeds in 2022?
In a 6 January 2022 letter to attorney Shane Pennington, the DEA said marihuana seed with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis meets the definition of hemp and is not controlled under the CSA. This desk read it as reproduced by Kight on Cannabis, not on a DEA page.
Are cannabis seeds considered hemp?
Today, yes, if the seed itself holds no more than 0.3 percent delta-9 THC. Once Section 781 applies, viable seed from a plant over 0.3 percent total THC, THCA included, is expressly excluded. Seed from a compliant hemp cultivar stays hemp under both texts.
The standing instruction here does not change with a statute: check your local laws before purchasing or germinating cannabis seeds. Federal classification decides what a packet is at the border, never whether the pot it lands in is lawful.