[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4595 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4595
To provide authority for small cultivators of cannabis and small
manufacturers of cannabis products to ship cannabis and cannabis
products using the mail, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2025
Mr. Huffman (for himself and Ms. Hoyle of Oregon) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Agriculture, Oversight
and Government Reform, and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide authority for small cultivators of cannabis and small
manufacturers of cannabis products to ship cannabis and cannabis
products using the mail, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small and Homestead Independent
Producers Act of 2025''.
SEC. 2. AUTHORITY FOR SMALL CULTIVATORS AND MANUFACTURERS OF CANNABIS
TO SHIP CANNABIS IN THE MAIL.
A small cultivator of cannabis and a small manufacturer of a
cannabis product located in a State in which such cultivation or
manufacture is lawful by that small cultivator or small manufacturer,
as applicable, may ship and sell cannabis or a cannabis product to an
individual located in that State or another State in which possession
of cannabis or the cannabis product is lawful by that individual, using
the United States Postal Service or any private or commercial
interstate carrier.
SEC. 3. AGE VERIFICATION REQUIREMENTS.
The Postal Service and any private or commercial interstate carrier
that transports cannabis or a cannabis product, as authorized under
section 2, may not deliver such cannabis or a cannabis product to an
individual who has not attained the age of 21, and shall verify the age
of any individual accepting receipt of such a delivery using a reliable
online age verification service or by obtaining and examining a copy of
a valid, non-expired government-issued identification, including
identification issued by an Indian Tribe.
SEC. 4. PREEMPTION.
(a) States in Which Cannabis Is Unlawful.--Nothing in this Act
shall be construed to preempt or supersede any State law that prohibits
the manufacture, distribution, or possession of cannabis for all
individuals in that State, except for the purpose of permitting the
interstate transport of cannabis through that State to a final
destination in a State in which possession of cannabis is lawful by the
intended recipient.
(b) States in Which Cannabis Is Lawful.--This Act preempts the laws
of a State that does not prohibit the manufacture, distribution, or
possession of cannabis for all individuals in that State (except with
respect to age limitations) to the extent that such laws restrict the
interstate or intrastate shipment of cannabis or a cannabis product
directly to an individual with respect to whom the possession of
cannabis or a cannabis product is lawful under the laws of the State.
SEC. 5. MAILABILITY OF CANNABIS.
Section 1716 of title 18, United States Code, is amended--
(1) by redesignating subsections (h) through (k) as
subsections (i) through (l), respectively; and
(2) by inserting after subsection (g) the following:
``(h)(1) The Postal Service is authorized and directed to permit
the transmission in the mails, under regulations to be prescribed by
it, of cannabis, to the extent that the mailing is allowable under the
Small and Homestead Independent Producers Act of 2025.
``(2) In this section, the term `cannabis' has the meaning given
the term `marijuana' in section 102 of the Controlled Substances Act
(21 U.S.C. 802).''.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``cannabis'' has the meaning given the term
``marijuana'' in section 102 of the Controlled Substances Act
(21 U.S.C. 802).
(2) The term ``small cultivator of cannabis'' means a
person who cultivates one acre or less of mature flowering
cannabis plant canopy using outdoor cultivation, 22,000 square
feet or less of cannabis plant canopy using greenhouse
cultivation, or 5,000 square feet or fewer of mature flowering
cannabis plant canopy using indoor cultivation, inclusive of
all cannabis cultivated by that person.
(3) The term ``small manufacturer of a cannabis product''
means a person who produces a manufactured cannabis product,
including a salve, tincture, edible, or concentrate, with a
gross annual revenue of less than $5,000,000, inclusive of all
cannabis product manufactured by that person.
(4) The term ``person'' has the meaning given such term in
section 1 of title 1, United States Code.
(5) The term ``outdoor cultivation'' means the cultivation
of mature cannabis without the use of artificial lighting or
heating in the canopy area at any point in time, and may
include the use of light deprivation.
(6) The term ``light deprivation'' means the use of any
technique to eliminate natural light in order to induce
flowering.
(7) The term ``greenhouse cultivation'' means the
cultivation of mature cannabis in a structure utilizing
artificial light at a rate above zero watts per square foot,
but no more than six watts per square foot.
(8) The term ``indoor cultivation'' means the cultivation
of mature cannabis in a structure with the use of artificial
light at a rate above six watts per square foot in the canopy
area.
(9) The term ``canopy'' means the area that contains mature
cannabis plants at any point in time.
(10) The term ``mature'' means, with respect to a cannabis
plant, a cannabis plant that is flowering.
SEC. 7. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date on which cannabis is removed from the list of scheduled
substances under the Controlled Substances Act, and Federal criminal
penalties for an individual who manufactures, distributes, or possesses
cannabis, are eliminated.
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