119-hr4595

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4595 Introduced in House

    (IH) ]

<DOC>

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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