Jim Ickes Discusses the Impact of Federal Hemp Redefinition on Cannabis Seed Banks in MJBizDaily

Frantz Ward Partner Jim Ickes was quoted in a recent MJBizDaily article examining how the federal redefinition of hemp, scheduled to take effect November 12, 2026, will affect cannabis seed banks, breeders, and genetics companies.

The redefinition ends Farm Bill protections for many hemp-derived THC products and also removes viable seeds out of the federal hemp definition if the plant produces flower that contains more than 0.3% total THC. Seeds affected will no longer be legal to ship across state lines, a change that reaches beyond the hemp market and into the licensed cannabis industry.

In his discussion with MJBizDaily, Jim explained that the U.S. Drug Enforcement Administration (DEA) has not yet created a registration category for genetics companies, nurseries, or seed banks, meaning the path available to state-licensed medical cannabis operators is closed to them. While some states permit licensed dispensaries or medical operators to handle seed, clone, and home-grow product sales, that is not the same as operating under a freestanding federal registration.

He also outlined three questions genetics operators need to answer before the deadline:

• Which lines in the catalog produce plants that cross the 0.3% total THC threshold?
• Which seeds still qualify as hemp on and after November 12, 2026, and which do not?
• What remains of the catalog once the viable-seed exclusion is applied?

Additionally, Jim addressed how the change affects banking opportunities for these businesses. Once the rule takes effect, a seed bank dealing in drug-type genetics cannot use the hemp definition to show that its revenue is lawful and will instead need to demonstrate participation in a licensed state cannabis program.

Read the full article here.

With over two decades of experience, Jim brings extensive knowledge in data privacy, cybersecurity, and cannabis law. He guides clients through all stages of litigation, from investigation to trial and appeal. Much of his national cannabis practice focuses on representing hemp-infused beverage companies in Ohio and across the country, and he has significant experience managing cybersecurity incidents and data breach responses, including regulatory investigations and litigation, and counseling clients in cyber risk mitigation.

Should you have questions about the federal hemp redefinition and how it impacts your business’ cannabis operations, reach out to Jim Ickes or any member of Frantz Ward’s Cannabis Practice Group.