A bipartisan federal bill that would establish a national regulatory framework for hemp-derived tetrahydrocannabinol (THC) beverages has gained a fifth sponsor, with Rep. Derrick Van Orden (R-WI) joining the legislation as a cosponsor.
Van Orden signed onto the Beverage Regulatory Parity Act (H.R. 10079) on September 21. The bill was introduced August 10 by Rep. Beth Van Duyne (R-TX), with Rep. Greg Landsman (D-OH) as an original cosponsor. Reps. Susie Lee (D-NV) and Josh Gottheimer (D-NJ) joined August 20. Van Orden’s addition brings the measure’s backing to two Republicans and three Democrats.
The proposal would create a separate federal regulatory structure for qualifying hemp-derived beverages, largely modeled on the system governing alcohol. The Alcohol and Tobacco Tax and Trade Bureau would oversee a three-tier distribution system separating manufacturers, wholesalers and retailers, while the Food and Drug Administration would regulate the beverages as food.
Under the bill, hemp-derived beverages could contain no more than 5 milligrams of intoxicating THC per serving. Sales, possession and consumption would be restricted to those 21 and older, and products would be subject to federal manufacturing, testing, labeling and advertising requirements. Labels would have to disclose cannabinoid content and include warnings concerning impairment, drug testing and risks to certain populations.
The legislation would also impose a federal excise tax of 8 cents for each milligram of intoxicating THC contained in a beverage. States, local governments and tribal governments would retain authority to enact stricter regulations or prohibit hemp-derived beverages entirely.
One of the bill’s central provisions would exempt compliant hemp beverages from the new federal per-container limit on intoxicating cannabinoids enacted as part of changes to the federal definition of hemp. Congress and President Donald Trump recently delayed the implementation of key restrictions affecting hemp-derived THC products until December 11, giving lawmakers additional time to consider alternative regulatory approaches.
H.R. 10079 remains before the House Energy and Commerce Committee and House Ways and Means Committee. It has not yet received a committee vote.
