Proposed Federal Regulations on Cannabis Seeds

Dear Neighbor,

While Michigan continues to move forward with a commonsense, voter-approved approach to cannabis regulation, Republicans in Washington are once again pushing policies that threaten personal freedom, create confusion for law-abiding citizens and undermine states’ rights.

A provision advanced by Congressional Republicans as part of recent federal agriculture and spending legislation would dramatically change how cannabis seeds are treated under federal law. Under the proposal, many cannabis seeds could be reclassified as marijuana if they are viable seeds from a cannabis plant that exceeds 0.3% THC. This means that seeds that have been widely available and legally possessed in many states, including Michigan, could suddenly be considered illegal under federal law. 

What Would This Mean?

The proposal would remove legal protections for many viable cannabis seeds and could make the possession, sale, exchange or transportation of those seeds a federal offense. According to analyses of the legislation, seeds capable of producing plants with THC levels above 0.3% could be treated as marijuana under federal law, regardless of whether the seeds themselves contain intoxicating levels of THC. 

Potential Penalties

Because marijuana remains a controlled substance under federal law, individuals found possessing or distributing seeds classified as marijuana could face federal criminal penalties. While enforcement priorities can vary, the proposal creates legal uncertainty for home growers, licensed businesses, seed breeders and consumers who have complied with state law. 

Why This Matters to Michigan

Michigan voters made their voices heard when they legalized adult-use cannabis and established a regulated marketplace. Thousands of residents, small businesses, cultivators and entrepreneurs have invested in our state’s legal cannabis industry.

Instead of respecting the decisions made by states and their voters, Washington Republicans are pursuing policies that could criminalize conduct that is legal in Michigan and many other states. This proposal represents another example of federal overreach that ignores state authority and creates unnecessary burdens for citizens and businesses alike. 

A Step Backward

At a time when many Americans are calling for modernized cannabis laws, expanded research and greater consistency between state and federal policies, this proposal moves in the opposite direction. As lawmakers, we should be focusing on lowering costs, strengthening the economy or addressing the challenges families face every day. The advancement of this legislation could make criminals out of individuals simply for possessing certain seeds from a cannabis plant. 

Michigan’s cannabis industry supports jobs, generates tax revenue for local communities and operates under a framework approved by voters. We should be working to create certainty and fairness, not reviving failed policies of the past.

As your State Representative, I will continue advocating for policies that respect the will of Michigan voters, protect personal freedoms and support responsible regulation rather than federal interference.

Sincerely,

Peter Herzberg
State Representative
Michigan’s 25th House District