THC beverages have exploded in popularity nationwide, with sales topping $1.1 billion in 2025 alone. A looming federal hemp ban threatens the category, but a new bipartisan bill may give THC drinks a lane of their own.
Reps. Beth Van Duyne, R-Texas, and Greg Landsman, D-Ohio, introduced the Beverage Regulatory Parity Act this week. The bill would carve out hemp-derived THC beverages from the looming federal restrictions, allowing compliant drinks to remain on the market under a new regulatory framework.
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The legislation takes a page from the alcohol industry, establishing a three-tier distribution system and limiting THC drink sales to people 21 and older. It would also mandate product testing and set THC limits of 5 milligrams per serving. Strict restrictions on advertising designed to appeal to children would be put in place.
Synthetically derived cannabinoids would be prohibited, and products would face a federal excise tax based on the amount of intoxicating THC they contain. States would retain the authority to impose stricter regulations or ban hemp-derived beverages altogether.
Both the hemp and alcohol industries have pressured lawmakers to preserve the burgeoning THC beverage market. Christopher Lackner, founder and president of the Hemp Beverage Alliance, told GreenState that the Beverage Regulatory Parity Act “provides Congress with another sensible pathway to regulate the category.”
“The Act is meticulous in addressing all the concerns that have been voiced about the category,” Lackner said. “This includes keeping products out of the hands of children, ensuring products aren’t marketed to children, and making sure products are thoroughly tested and properly labeled.”
Leah Kolross, founder of 23rd State, a Minnesota-based hemp beverage company, told GreenState she feels encouraged by the legislation, though some questions remain.
“There are details that need refinement in committee, including how serving sizes are defined and what a federal three-tier mandate means for the small, founder-led brands that built this category—but I think it is heading in the right direction,” Kolross said.
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The legislation comes as Congress debates a government spending measure that would push out the hemp ban to December 11, roughly one month from its current date.
“That’s a very short runway, and thousands of small businesses are living on it,” Kolross lamented.
Lackner said there would be enough time for the Beverage Regulatory Parity Act to get across the finish line.
“The Hemp Beverage Alliance absolutely believes this bill can pass this year, especially if the one-month delay of the hemp prohibition is passed into law.”
Without congressional action, the new federal hemp definition is set to take effect November 12, potentially removing many intoxicating hemp products, including THC drinks, from the legal market.
