H.R. 4595 — Small and Homestead Independent Producers Act of 2025

This section authorizes small cultivators of cannabis and small manufacturers of cannabis products—located in states where such cultivation or manufacturing is legal—to ship and sell cannabis or cannabis products via the U.S. Postal Service or private or commercial interstate carriers to individuals in that state or another state where possession by the individual is legal.

This section prohibits the Postal Service and any private or commercial interstate carrier authorized to transport cannabis or cannabis products from delivering such items to individuals under 21 years old and requires age verification of recipients using either a reliable online age verification service or examination of a valid, non-expired government-issued identification (including identification issued by an Indian Tribe).

This section preserves state laws prohibiting cannabis manufacture, distribution, or possession for all individuals in states where such activities are fully illegal, except to permit interstate transport of cannabis through those states to a final destination in a state where possession is lawful by the intended recipient. The section preempts state laws in jurisdictions that legalize cannabis (except with respect to age limitations) to the extent they restrict interstate or intrastate shipment of cannabis or cannabis products directly to individuals for whom possession is lawful under state law.

This section authorizes and directs the Postal Service to permit the transmission in the mails of cannabis—defined as marijuana under the Controlled Substances Act (21 U.S.C. 802)—to the extent allowable under the Small and Homestead Independent Producers Act of 2025, subject to Postal Service regulations on preparation and packing. (Thus, cannabis becomes mailable under specified conditions, notwithstanding the general prohibition on nonmailable matter that may injure persons or property.)

This section defines terms for purposes of the Act, including "(1) cannabis," which has the meaning given "marijuana" in the Controlled Substances Act (21 U.S.C. 802); "(2) small cultivator of cannabis," meaning a person who cultivates one acre or less of mature flowering cannabis plant canopy using outdoor cultivation, 22,000 square feet or less using greenhouse cultivation, or 5,000 square feet or fewer using indoor cultivation; "(3) small manufacturer of a cannabis product," meaning a person who produces such products (e.g., salve, tincture, edible, or concentrate) with gross annual revenue of less than $5 million; and "(4) person," which has the meaning given in 1 U.S.C. 1. The section further defines "(5) outdoor cultivation" as cultivation of mature cannabis without artificial lighting or heating in the canopy area (potentially including light deprivation to induce flowering); "(6) light deprivation"; "(7) greenhouse cultivation" as cultivation in a structure using artificial light above zero but no more than six watts per square foot; "(8) indoor cultivation" as cultivation using artificial light above six watts per square foot; "(9) canopy"; and "(10) mature," meaning a flowering cannabis plant.

This section establishes the effective date of this Act and its amendments as the date on which cannabis is removed from the schedules of controlled substances under the Controlled Substances Act and federal criminal penalties are eliminated for individuals who manufacture, distribute, or possess cannabis.