Section 1 Short title
This Act may be cited as the “Small and Homestead Independent Producers Act of 2025”.
Small and Homestead Independent Producers Act of 2025
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.
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
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.
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—
by redesignating subsections (h) through (k) as subsections (i) through (l), respectively; and
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:
The term cannabis has the meaning given the term marijuana in section 102 of the Controlled Substances Act (21 U.S.C. 802).
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.
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.
The term person has the meaning given such term in section 1 of title 1, United States Code.
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.
The term light deprivation means the use of any technique to eliminate natural light in order to induce flowering.
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.
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.
The term canopy means the area that contains mature cannabis plants at any point in time.
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.