PolicyBrief
H.R. 4595
119th CongressJul 22nd 2025
Small and Homestead Independent Producers Act of 2025
IN COMMITTEE

This Act authorizes small, legal cannabis cultivators and manufacturers to ship their products interstate via mail, contingent upon the federal decriminalization of cannabis.

Jared Huffman
D

Jared Huffman

Representative

CA-2

LEGISLATION

Small Cannabis Growers Get Green Light to Mail Products Across State Lines, But Only After Federal Descheduling

The Small and Homestead Independent Producers Act of 2025 is a major piece of federal legislation designed to open up interstate commerce for cannabis, but with a huge caveat: it only applies to the little guys, and it doesn't start until cannabis is fully descheduled federally.

This bill essentially creates a pathway for small, state-legal cannabis cultivators and manufacturers to ship their products—think flower, edibles, tinctures—via U.S. Postal Service (USPS) or private carriers across state lines. The catch? The recipient must be in a state where possessing that product is legal for them. This means a small cultivator in Oregon could potentially mail product directly to a consumer in Illinois, bypassing the traditional, state-specific supply chain.

Defining 'Small' for the Cannabis Market

The bill is laser-focused on keeping this market open to smaller operations, effectively cutting out the large multi-state operators (MSOs). To qualify as a "Small Cultivator," you’re capped at growing on one acre outdoors, 22,000 square feet in a greenhouse, or just 5,000 square feet indoors. For manufacturers making edibles or concentrates, you must have less than $5 million in total yearly revenue. This is a clear attempt to protect the craft market and prevent immediate corporate takeover of this new interstate channel.

The Age Check and the Shipping Headache

For anyone in the 25-45 age bracket, this bill introduces a significant change to how packages are delivered. Section 3 mandates strict age verification for all cannabis deliveries. Carriers—be it your local mail carrier or a FedEx driver—must verify the recipient is 21 or older, either through a reliable online service or by physically checking a government-issued ID at the time of delivery.

This is great for preventing underage access, but it means that if you’re ordering cannabis products, you can’t just have them dropped on your porch. You, or someone 21+, will have to be home to sign for and show ID for every single delivery. For busy professionals juggling work, kids, and travel, this could make receiving legal mail-order cannabis a logistical nightmare, similar to receiving alcohol shipments today.

Federal Power vs. State Bans

Section 4 deals with preemption, which is where the federal government steps in and overrides state law. If your state currently allows cannabis (like California or Colorado), this federal law overrides any state rule trying to block legal shipments within or across the state to a legal recipient. This ensures a free flow of commerce once the law is active.

However, if you live in a state that still has a total ban on cannabis—no manufacturing, no selling, no possession—the state’s ban is respected. The only exception is that the state must allow cannabis to be transported through its borders if it's headed to a legal state. So, states with total bans can’t act as roadblocks for interstate commerce, but they don't have to allow sales or possession within their jurisdiction.

The Waiting Game: A Massive Contingency

The biggest detail in this entire bill is found in Section 7: the effective date. None of this—the interstate shipping, the small business definitions, the USPS rules—starts until two massive federal actions occur: first, cannabis must be completely removed from the Controlled Substances Act (descheduled), and second, all federal criminal penalties for cannabis must be eliminated.

This means the Small and Homestead Independent Producers Act of 2025 is currently dormant, a detailed blueprint waiting for a fundamental shift in federal drug policy. While it provides a clear vision for a future craft cannabis market, its real-world impact is entirely conditional on Congress or the executive branch taking those huge, separate steps first. Until then, it's just a promise on paper.