Did seeds just become illegal? This week’s stopgap funding bill, which re-opened the federal government, came with a sneaky provision known as a legislative rider. This provision has essentially put a ban on hemp-derived products. Here’s what you need to know:

What Changed?

This was an amendment to the 2018 Farm Bill.  The bill allowed for the perceived legalization of a multitude of hemp derived products. What was intended to allow for the production of products like hemp oil and hemp based fabrics, also opened the door for an unexpected variety of products produced from hemp. These hemp derived products include things like:

• Delta- 8, a derivative of Delta-9 (the most abundant form of THC in the plant) made from hemp plants. Used in gummies in states that do not have a recreational marijuana market.
• THCA flower- Hemp bud treated with Delta-8 or other hemp-derivatives to produce an effect similar to smoking cannabis.
• HHC- (hexahydrocannabinol) a milder version of THC naturally found in small amounts in the plant. Commercially available versions are usually synthesized from hemp.
• THC-P- (Tetrahydrocannabiphorol) is another cannabinoid that occurs naturally in small amounts in the plant. THC-P is more effective at binding to our cannabinoid receptors, and is therefore more potent.

This provision means a ban on all psychoactive hemp-derived products. This means that all Delta-8, THCA, HHC, THC-P products like gummies, vapes and beverages will be illegal. Shop owners are on alert after a warning that federal agencies and state regulators will be starting coordinated enforcement sweeps to remove the products from stores.

Who Will This Affect the Most?

The implications for the rapidly growing hemp industry are grim. The U.S. Hemp Roundtable says the measure could land a $1.5 billion blow to states tax revenue- not to mention the 300,000 jobs at risk. Additionally many consumers in states where there is limited access to THC products have gotten used to having access to these products. There is fear that the veterans and elderly using these products will be left scrambling for alternatives and may end up with unsafe replacements.

When Does the Ban Go into Effect?

The ban won’t go into law until next November, but that doesn’t mean you’ll be able to get your favorite gas station gummy until then. There is likely to be a crack down in banking related to these products before next year. This means that retailers could choose to pull the items before the ban goes into effect. Additionally, some of the places you get your gummies or buy seeds online may lose their ability to process credit cards.

Does This Mean Seeds are Illegal Now? What Does this Mean for the Seed Cellar?

For now, seeds are still legal. There is a year until the changes go into effect. And, on the positive side, advocates from the trade group U.S. Hemp Roundtable say there are “365 days to regulate, NOT ban.” The group aims to help federal policy makers establish a regulatory framework for the hemp products. More than 40 states already regulate hemp-derived THC in a way that could scale up to the federal level.

But that doesn’t mean that this recent sneaky move doesn’t spell out more trouble to come. Alcohol groups, cannabis companies, and marijuana prohibition groups have been working on this for years.

As for The Seed Cellar? We’ve been around for more than a decade and we don’t plan on going anywhere anytime soon. We hope to keep all our banking running smoothly and we’ll always do what we need so you have the seeds you need to keep growing.

So, Did seeds just become illegal? Not yet. Still,  it’s wise to stock up when you have the ability.