The Beverage Regulatory Parity Act establishes a federal regulatory and tax framework for hemp-derived beverages, implementing a three-tier distribution system, strict manufacturing standards, and age-restricted sales.
Beth Van Duyne
Representative
TX-24
The Beverage Regulatory Parity Act establishes a comprehensive federal framework for the legal production, distribution, and sale of hemp-derived beverages. The bill creates a three-tier regulatory system overseen by the Tax and Trade Bureau and the FDA, setting strict standards for cannabinoid content, labeling, and manufacturing. Additionally, it implements a federal excise tax on these products while preserving the authority of state, local, and tribal governments to enforce their own regulations.
Hemp Drinks Get the Alcohol Treatment: New Bill Sets 5mg THC Limit, 21+ Age Gate, and Potency Taxes
The Beverage Regulatory Parity Act is essentially a rulebook that treats hemp-derived drinks like seltzers and sodas exactly like beer or wine. It moves these products out of a legal gray area and into a strictly controlled 'three-tier' system. Under Section 4, manufacturers can only sell to wholesalers, who can only sell to retailers—meaning your favorite local hemp drink maker can no longer ship directly to your door if they don't have the right permits. The bill also draws a hard line at 5 milligrams of THC per serving (Section 4(l)) and mandates that you must be 21 to buy, possess, or even sip one of these beverages.
A Tax on the Buzz
If you enjoy these drinks as a low-calorie alternative to beer, prepare to pay a bit more at the register. Section 5 of the bill introduces a federal tax of 8 cents for every single milligram of intoxicating THC. For a standard 5mg drink, that’s a 40-cent tax right off the bat before the store even adds its markup. While this creates a new revenue stream for the government, it’s a direct cost that manufacturers will likely pass on to you. For a small business owner running a boutique shop, this means navigating a complex tax and permit system that mirrors the heavy regulation of the liquor industry.
Reading the Fine Print on the Label
The bill gets very specific about what has to be on the can. According to Section 4(d), labels must clearly state the milligram count of cannabinoids, provide a warning about the risk of failing a drug test, and include 'directions for use' that explain how long it takes for the effects to kick in. It also bans any packaging that might appeal to kids. While this is a win for transparency—you’ll finally know exactly what you're drinking—the bill gives the Tax and Trade Bureau (TTB) broad power to decide what qualifies as 'obscene' or 'misleading,' which could lead to some legal headaches for brands with edgy marketing.
The State-by-State Patchwork
Even if this bill passes, your access depends heavily on where you live. Section 4(h) explicitly says that states and local tribes can pass laws that are even stricter than the federal ones, or they can ban these drinks entirely. If you’re a truck driver or a traveler, this is a major 'heads up': shipping or transporting these drinks into a state where they are illegal remains a crime. The bill also leaves some wiggle room for regulators to decide which 'added substances' (like caffeine or melatonin) are dangerous when mixed with hemp, meaning your favorite hemp-infused energy drink could be pulled from shelves if the FDA decides the combo is a health risk (Section 3).