Hemp Redefined: H.R. 5371 Just Shook Up Hemp… But What Does That Mean for Seeds?

(A No-BS Breakdown for the Cannabis Community)

Hemp held hostage at gunpoint by Democrats and Republicans with terrified onlookers during H.R. 5371

Well, the cannabis community saw a lot of chaos this past week with the passing of H.R.5371 - the bill that reopened the government while holding hemp hostage through redefinition, effectively eliminating an entire industry's existence. Seemingly, most people haven't read the actual text, so we're here to shed some light, have some discussions and hopefully clarify some things.

• H.R. 5371 - Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veteran Affairs, and Extensions Act, 2026

• Section 781 (the Hemp Section)

• Section 781 - (2)(1)(C)(i) (the Hemp Seed Section)

What Did H.R. 5371 Actually Change?

Here’s the short version:

The old definition of hemp (from the 2018 Farm Bill):

• Cannabis sativa L.

• Delta-9 THC ≤ 0.3%

• Includes the entire plant, seeds, extracts — the works.

  
  

This is the definition that opened the door for the entire modern hemp industry, including seed sales.

The new H.R. 5371 definition basically says:

• Same plant…

• But now it has to have total THC (THC + THCA) less than or equal to 0.3%

• AND it makes new exclusions for certain cannabinoid products

• AND it walks back some of the “any part thereof” freedom the 2018 law gave us

• AND it makes “intoxicating hemp” explicitly non-hemp

How Does This Affect Seeds?

Well, the very first "EXCLUSION" for the term "hemp" under H.R. 5371 is about seeds:

“(i) 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

In other words, if the seeds came from a plant that had a Total THC by dry weight of 0.3% or more, then the seeds would be excluded from the definition of hemp.

***Of note, even high-CBD hemp plants can accidentally go beyond 0.3% Total THC if tested a day late.

Questions, Comments, and Enforcement

So what does this all mean? It means we have more questions than answers. Here's some stuff to think about:

• If seeds don't contain any THC by default, and can't be defined as marijuana by "simply existing" due to the lack of THC, but don't have any lab tests showing the Total THC concentration of the "birthing plant" of said seedstock, can they be considered not-hemp if the pivot point relies upon a COA (Certificate of Analysis) of the seeded plant?
  

• Do breeders with cannabinoid tests on parental stock for seeds have a higher likelihood of enforcement than those without tests?
  

• Does this create a grey area for "legacy seed stock" made pre-H.R. 5371 or without tests?
  

• How can anyone determine whether a seed is legal under H.R. 5371?
  

  • You can’t test it

  • You can’t eyeball it

  • You can’t scan it

  • You can’t tell by strain name

  • You can’t tell by source

  • And genetics don’t guarantee cannabinoid ratios or content

• Even “Certified Hemp Seed” and Texas Approved Varieties can produce hot crops depending on:
  

  • Region

  • Weather

  • Light cycles

  • Stress

  • Grower skill

  • Luck
    

• If you grow a clone from another farmer and make seeds, but the original farmer's crop goes over .3% while yours stays below .3%, is the resulting seed still legal?

If enforcement requires “proof that the seed will grow into a compliant hemp plant,” the rule becomes basically unenforceable day-to-day.

And while possibly unenforceable in the long run, you may still be required to have these conversations in court - a path no operator, seed collector or breeder would likely choose if given the option.

When Does H.R. 5371 Take Effect?

Luckily, our community was given 1 year or 365 days from the enactment of this Act - so November of 2026.

This gives legal teams a bit more time to better decipher some of the legal scenarios, as well as what other options are available.

I Live in a Medical/Recreational State - Does H.R. 5371 Affect Me?

If you're producing THCA hemp products for sale in a hemp state like Texas, in less than a year that legal hemp will be considered regular old black market weed - just like it was back in the early 2000s. If you rely on those sales, I'd say, yes, you will be affected.

If you're a seed collector, it's possible your favorite breeders may be forced to go offline for a while, but it seems there's still a chance seeds will exist in some form or manner.

So, what's next? Do I need to stock up now?

There's no immediate rush, although it is recommended to begin stocking up on genetics when you have the chance.

If you're interested in getting a bulk deal - feel free to reach out and we'll happily accommodate you - info@texanhemp.com.

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FAQS

1. What did H.R. 5371 actually change about the definition of hemp?

H.R. 5371 replaces the 2018 Farm Bill’s simple delta-9 THC threshold with a total THC limit (THC + THCA) of 0.3% and adds new exclusions for certain cannabinoid products. It also rolls back some of the “any part of the plant” freedom that allowed seeds and hemp derivatives to exist in a legal gray area.

2. How does H.R. 5371 affect cannabis and hemp seeds?

The bill’s first exclusion says seeds are not considered hemp if they come from a plant that tested above 0.3% total THC. Since seeds don’t contain THC themselves, this creates a legal catch-22: enforcement depends on the THC test of the parent plant — something most seed sellers and collectors don’t have documentation for.

3. Can seeds be illegal even though they contain no THC?

Under this new definition, yes — but only if the parent plant (“birthing plant”) was over 0.3% total THC. The problem is that no one tests seed parents for total THC before breeding, making enforcement extremely unclear.

4. How can anyone tell if a seed is legal under H.R. 5371?

Realistically, no one can. You can’t test a seed, scan it, eyeball it, identify it by strain name, or determine legality by genetics alone. This makes enforcement practically impossible day-to-day, but the lack of clarity can still push people into court, where nobody wants to be.

5. Will breeders with COAs on parent stock face more enforcement risk?

Possibly. Breeders who do have THC tests on their stock could ironically be at higher risk — because those tests could be used to prove seeds came from a plant over 0.3% total THC.

6. What about older seed stock or legacy genetics?

Seeds collected before H.R. 5371 or from plants with no testing records fall into a massive gray area. Since there’s no way to retroactively determine THC levels, enforcement becomes even more subjective.

7. If I live in a legal medical or recreational state, will this affect me?

If you sell THCA hemp products in a state like Texas where hemp is the legal workaround, then yes — within a year, those products will become federally treated as regular illegal cannabis. Seed collectors in legal states may feel less impact, but breeders may still face complications.

8. When does H.R. 5371 actually take effect?

The hemp changes (Section 781) become active 365 days after enactment, which puts the effective window around November 2026.

9. Do I need to rush and stock up on seeds now?

You don’t need to panic, but it is smart to start securing genetics now. Some breeders may go offline, and certain genetics may become harder to find once enforcement clarifications begin rolling out.

10. Will seeds disappear completely after H.R. 5371?

Probably not — but the market may be forced underground or into more private channels, depending on how enforcement is interpreted. Seeds will still exist, but access may become more restricted or less public.

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