PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Congressional Research Service
No official summary is available in the imported record yet.
People & committees
Rep. Van Duyne, Beth [R-TX-24] · R–TX
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Sep 22, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2026-08-10 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed Beverage Regulatory Parity Act would create federal rules for qualifying nonalcoholic hemp drinks containing cannabinoids, including tetrahydrocannabinol (THC). It would regulate these drinks as food, establish a manufacturer-wholesaler-retailer distribution system, and set content, labeling and testing requirements. People under 21 could not buy, possess or consume them. The proposal would also tax U.S.-produced qualifying drinks at 8 cents per milligram of intoxicating THC. State, local and Tribal governments could impose stricter rules or bans, subject to the bill's express provisions on shipments passing through their territories.
This Act may be cited as the Beverage Regulatory Parity Act.
The term hemp-derived beverage means a non-alcoholic liquid beverage intended for human consumption that— (A) contains one or more naturally-occurring cannabinoids
Except as specified in subsection (b), hemp-derived beverages shall be considered a food and shall be regulated by the Secretary under this chapter.
The Administrator shall prescribe regulations to establish and implement a three-tiered distribution system for hemp-derived beverages
such hemp-derived beverage cannabinoid content, contaminant, key component, sourcing, uniform manufacturing and testing, laboratory sample submission, record retention, and facility inspection requirements
any hemp-derived beverage that does not conform to such packaging, marking, branding, labeling, and size and fill requirements as are prescribed by the Administrator
It shall be unlawful for any person younger than 21 years of age to purchase, possess, or consume any hemp-derived beverage.
There is hereby imposed a tax on any hemp-derived beverage produced in the United States. (b) Amount of tax The amount of tax imposed by subsection (a) shall, with respect to any hemp-derived beverage, be equal to 8 cents per milligram of intoxicating tetrahydrocannabinol content within such beverage.
including laws that are more stringent than, equivalent to, or that prohibit altogether the activities permitted under this Act.
Notwithstanding paragraph (1), no State, political subdivision thereof, or Indian Tribe shall prohibit the transportation or shipment of any hemp-derived beverages through such State, political subdivision thereof, or Indian Tribe’s territory, if the point of origin of, and final destination for, the hemp-derived beverages are outside of such State, political subdivision thereof, or territory of the Indian Tribe.
A qualifying drink would have to be a nonalcoholic liquid for human consumption containing naturally occurring cannabinoids and be a final product intended for consumer sale. It could not be a tincture, isolate, powder or distillate, be intended to be consumed, labeled or advertised as a dietary supplement, or contain a drug approved under the specified statutory provisions.
The term hemp-derived beverage means a non-alcoholic liquid beverage intended for human consumption that— (A) contains one or more naturally-occurring cannabinoids
(D) is a final product intended for sale to a consumer, (E) is packaged and labeled within the United States, (F) is not a tincture, isolate, powder, or distillate
(H) is not intended to be consumed, labeled, or advertised as a dietary supplement (as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)))
(J) does not contain a drug that is the subject of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262).
Qualifying drinks could not contain naturally occurring cannabinoids extracted, sourced or processed from hemp plants cultivated outside the United States. They would also have to be packaged and labeled within the United States.
(B) does not contain any naturally-occurring cannabinoids extracted, sourced, or processed from hemp plants cultivated outside of the United States
(E) is packaged and labeled within the United States
The proposal would limit intoxicating THC to 5 milligrams per serving. It defines a serving as 12 fluid ounces for a single-use container, or 1.5 fluid ounces for a multiple-serving container totaling 750 milliliters. A separate 5-milligram limit for naturally occurring cannabinoids other than THC does not expressly say whether it applies per serving or per container.
(G) does not contain more than 5 milligrams of total intoxicating tetrahydrocannabinol content per serving
(I) does not contain more than 5 milligrams of non-tetrahydrocannabinol naturally-occurring cannabinoids
The term serving means, with respect to a hemp-derived beverage— (A) in the case of a single-use container of such beverage, 12 fluid ounces, and (B) in the case of a multiple-serving container of such beverage, the total volume of which equals 750 milliliters, 1.5 fluid ounces.
The definition of naturally occurring cannabinoids would include nonsynthetic delta-9 THC, cannabidiol and cannabigerol, plus related molecules that the Tax and Trade Bureau Administrator, in consultation with the Health and Human Services Secretary, determines meet the referenced hemp criteria. It also includes cannabinoids listed in the referenced appropriations law and excludes marijuana as defined in the Controlled Substances Act. Those external statutory texts are not supplied, so the complete incorporated list and definitions cannot be established here.
The term naturally-occurring cannabinoid means, with respect to a hemp-derived beverage, a cannabinoid from hemp that is— (i) delta–9 tetrahydrocannabinol, provided it is not synthetically-derived, (ii) cannabidiol, (iii) cannabigerol, or (iv) any other related molecule that the Administrator, in consultation with the Secretary of Health and Human Services, determines to meet the criteria to be established under paragraph (2) to be considered hemp.
(B) Inclusions Such term includes cannabinoids listed under section 781(3) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (Public Law 119–37). (C) Exclusion Such term does not include marijuana (as defined in section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16))).
Qualifying drinks would exclude synthetic cannabinoids, other intoxicating compounds and compounds structurally identical to, or intended to mimic, intoxicants. The synthetic-cannabinoid definition covers human production or chemical conversion outside a living cannabis plant, but ordinary extraction and specified purification processes alone would not make a cannabinoid synthetic.
(C) does not contain any synthetically-derived cannabinoids or other intoxicating molecules or compounds, or any molecules or compounds that are structurally identical or intended to mimic the effects of an intoxicating molecule or compound
The term synthetically-derived cannabinoid means a cannabinoid that is— (i) not naturally produced by a Cannabis sativa L. plant, (ii) capable of being naturally produced by a Cannabis sativa L. plant, but was synthesized, manufactured, chemically converted, isomerized, or otherwise produced outside the living plant through human intervention, including processes involving solvents, catalysts, or laboratory equipment, or (iii) produced via total synthesis from non-Cannabis sativa L. starting materials regardless of whether the starting materials were derived from a Cannabis sativa L. plant or any other plant.
A cannabinoid shall not be considered a synthetically-derived cannabinoid under subparagraph (A) on the sole basis that the cannabinoid was produced using routine extraction, decarboxylation, filtration, distillation for purification, winterization, and other standard purification processes.
Section 2 would exempt drinks meeting the bill's THC serving requirements from the per-container intoxicating-cannabinoid limit established by the referenced 2026 hemp amendments. This exception would take effect upon enactment regardless of those amendments' effective dates. Section 4 would also exclude a specified provision of the amended hemp definition when applying it to these drinks. The referenced law is not supplied, so the displaced numerical limit and the full effect of the definition exception cannot be established here.
Notwithstanding the hemp amendments, the per-container limit on intoxicating cannabinoid content established by such amendments shall not apply to any hemp-derived beverage manufactured, distributed, labeled, advertised, or sold in accordance with the serving requirements for intoxicating tetrahydrocannabinol content under section 4(l)(3).
The term hemp amendments means the amendments to section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) made by section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (Public Law 119–37).
This section shall take effect on the date of the enactment of this Act, and shall apply notwithstanding any effective date specified in the hemp amendments.
except that in applying such term with respect to hemp-derived beverages, subclause (III) of section 297A(1)(C)(iv) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o(1)(C)(iv)), as so amended by such section 781, shall not apply.
Intermediate cannabinoid materials could temporarily exceed the final-drink THC level during ordinary manufacturing or processing. They would have to be used exclusively for compliant drinks, stay with permitted manufacturers in good standing, be marketed, sold or transferred only to permitted final-drink manufacturers, and not be for consumer use. Total THC, including tetrahydrocannabinolic acid, could not exceed 20 percent by weight.
may temporarily contain a total tetrahydrocannabinol concentration that exceeds the level specified in section 4(l)(3) during the ordinary course of the manufacture or processing of a hemp-derived beverage, if such hemp-derived cannabinoid product— (1) is used exclusively for the manufacture of a hemp-derived beverage in compliance with this Act, (2) remains exclusively with persons issued a permit under section 4(c) by the Tax and Trade Bureau to manufacture the material and is in good standing with respect to such permit, (3) is only marketed, sold, or transferred to a person issued a permit under section 4(c) by the Tax and Trade Bureau to manufacture hemp-derived beverages in final form, (4) is not for consumer use, and (5) contains not more than 20 percent total tetrahydrocannabinols (including tetrahydrocannabinolic acid) by weight.
Section 3 would regulate qualifying drinks as food. Naturally occurring cannabinoids alone would not make a drink legally adulterated—meaning noncompliant with food standards—if it meets the new subsection 402(j). Those cannabinoids would also not count as drugs or biological products for the specific purpose of section 301(ll). These changes would take effect upon enactment. The full existing food-law provisions are not supplied, so these exceptions do not establish compliance with all other applicable requirements.
Except as specified in subsection (b), hemp-derived beverages shall be considered a food and shall be regulated by the Secretary under this chapter.
A hemp-derived beverage shall not be considered adulterated within the meaning of section 402 on the basis of containing a naturally-occurring cannabinoid as an ingredient so long as such hemp-derived beverage does not violate section 402(j).
A naturally-occurring cannabinoid contained in a hemp-derived beverage shall not be considered a drug or biological product for purposes of section 301(ll).
The amendments made by this section shall take effect on the date of the enactment of this Act.
The new food standards would treat a drink as adulterated if it exceeds the cannabinoid limit, contains more than a permitted trace of a cannabinoid outside the naturally occurring category, contains an added substance that the Health and Human Services Secretary determines could interact with cannabinoids or enhance or alter their effects in a manner harmful to the consumer, or was manufactured, processed, packed or held at a facility whose owner, operator or agent delays, denies or limits inspection. The Secretary would have to establish a recall process for drinks adulterated under these standards.
(1) its naturally-occurring cannabinoid content exceeds the maximum allowable amount established under section 4(l)(3) of the Beverage Regulatory Parity Act; (2) it contains more than a trace amount (as defined in section 4(l)(14) of the Beverage Regulatory Parity Act) of a cannabinoid that is not a naturally-occurring cannabinoid (as defined in section 4(l)(4) of such Act); (3) it contains any added substance, such as alcohol, caffeine, tobacco, nicotine, or melatonin, which, when combined with cannabinoids, could interact with such cannabinoids or enhance or alter the effects of such cannabinoids in a manner that is harmful to the consumer, as determined by the Secretary; or (4) it has been manufactured, processed, packed, or held in any factory, warehouse, or establishment and the owner, operator, or agent of such factory, warehouse, or establishment delays, denies, or limits an inspection of such factory, warehouse, or establishment.
The Secretary shall prescribe a process for the recall of hemp-derived beverages which are determined to be adulterated under section 402(j).
A permitted trace amount would have to be unintentional, nonsynthetic and incidental to manufacturing, without affecting THC potency or intoxication. The definition supplies conditions rather than a numerical threshold.
The term trace amount means, with respect to hemp-derived beverages, an amount that— (A) is not intentionally added by the manufacturer, (B) is not synthetically-derived, (C) is incidental to the manufacturing of such beverage, and (D) does not affect such beverage’s tetrahydrocannabinol potency or intoxicating effect on the consumer.
A drink would be legally misbranded—a separate food-law violation—if its labeling or advertising violates the bill's requirements, its manufacturer or distributor lacks a required permit, or it fails the uniform manufacturing and testing requirements.
(c) Misbranding Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following new subsection: (z) If it is a hemp-derived beverage; and— (1) it is labeled or advertised in violation of the requirements established under subsection (d) or (e) of section 4 of the Beverage Regulatory Parity Act; (2) it was manufactured or distributed by a person who has not been issued a permit under section 4(c) of such Act; or (3) it does not adhere to the uniform manufacturing and testing requirements established by the Administrator of the Tax and Trade Bureau under section 4(c)(2)(A) of such Act.
Treasury's Tax and Trade Bureau would administer section 4 in consultation with federal health officials. Its distribution rules would allow permitted manufacturers to sell or transfer drinks to wholesalers, not retailers. Permitted wholesalers could buy only from manufacturers and sell or transfer only to retailers or trade buyers; trade buyers include wholesalers and retailers. Retailers could buy from wholesalers, not manufacturers. The text does not resolve how permission to sell to another wholesaler fits with the restriction allowing wholesalers to purchase only from manufacturers.
Hemp-derived beverages shall be regulated under this section by the Secretary of the Treasury, acting through the Administrator, in consultation with the Secretary of Health and Human Services and the Commissioner of Food and Drugs.
(1) Tier 1: Manufacturers A manufacturer of hemp-derived beverages, subject to the issuance of a permit under subsection (c), may sell or transfer such beverages to a wholesaler of hemp-derived beverages, but not to a retailer of hemp-derived beverages. (2) Tier 2: Wholesalers A wholesaler of hemp-derived beverages, subject to the issuance of a permit under subsection (c), may only— (A) purchase such beverages from a manufacturer of hemp-derived beverages, and (B) sell or transfer such beverages to a retailer or trade buyer of hemp-derived beverages. (3) Tier 3: Retailers A retailer of hemp-derived beverages may purchase such beverages from a wholesaler of hemp-derived beverages, but not from a manufacturer of hemp-derived beverages.
The term trade buyer means any person who is a wholesaler or retailer.
The Bureau would establish rules or guidance for issuing, suspending and revoking permits consistent with the referenced federal alcohol-permit framework. A manufacturer could receive a permit only after certification that it meets agency requirements covering contents, contaminants, sourcing, manufacturing, testing, laboratory samples, records and inspections.
the Administrator shall issue such regulations or other guidance for hemp-derived beverages (which are consistent with the regulations and guidance issued under section 104 of the Federal Alcohol Administration Act (27 U.S.C. 204)) as may be necessary or appropriate to issue, suspend, and revoke permits.
No manufacturer may be issued a permit under this section unless such person is certified by the Administrator (at such time and in such manner as the Administrator determines appropriate) to be in compliance with such hemp-derived beverage cannabinoid content, contaminant, key component, sourcing, uniform manufacturing and testing, laboratory sample submission, record retention, and facility inspection requirements as the Administrator, in consultation with relevant agencies determined by the Administrator, shall prescribe.
A person could not hold both manufacturer and wholesaler permits or have a direct or indirect interest in more than one distribution tier.
No person may hold permits as both a manufacturer of hemp-derived beverages and as a wholesaler of hemp-derived beverages, and no person may hold any interest, directly or indirectly, in more than one tier with respect to the three-tiered distribution system under subsection (b).
Drinks entering interstate commerce would have to meet federal packaging, labeling, size and fill requirements consistent with the referenced alcohol-labeling rules. Altering or removing marks or labels on drinks held for sale in interstate or foreign commerce, or after such shipment, would be prohibited except where federal law or compliance-related relabeling regulations allow it.
It shall be unlawful for any person to— (A) introduce or deliver for introduction, into interstate commerce, any hemp-derived beverage that does not conform to such packaging, marking, branding, labeling, and size and fill requirements as are prescribed by the Administrator, or (B) alter, mutilate, destroy, obliterate, or remove any mark, brand, or label upon any hemp-derived beverage that is held for sale in interstate or foreign commerce or after shipment therein, except as authorized by Federal law or except pursuant to regulations authorizing relabeling for purposes of compliance with the requirements of this Act or of State law.
The requirements prescribed under paragraph (1)(A) shall be consistent with those prescribed with respect to distilled spirits, wine, or malt beverages under section 105(e) of the Federal Alcohol Administration Act (27 U.S.C. 205(e)).
Labeling rules would prohibit deceptive, false, misleading, obscene or indecent material, competitor disparagement, and designs targeting or appealing to children. They would require product identity, quality, cannabinoid content, net contents, manufacturer and country-of-origin information, plus uniform identifiers for drinks containing intoxicating THC.
(A) prohibit statements, marks, graphics, or other images which are deceptive, false, misleading, obscene, indecent, disparaging of a competitor’s product, or designed to target or appeal to children, (B) provide consumers with information with respect to the identity, quality, naturally-occurring cannabinoid content, net contents, manufacturer, and country of origin of any hemp-derived beverage, (C) create uniform labeling panels, identifying symbols, or marks that identify hemp-derived beverages that contain intoxicating tetrahydrocannabinol as containing intoxicating naturally-occurring cannabinoids
Labels would need conspicuous serving counts and milligrams of each naturally occurring cannabinoid; warnings about known risks to children, pregnant people and people taking prescribed medicines; information about impairment; consumption and onset instructions; the age-21 requirement; and a warning that consumption may cause a failed marijuana drug test.
(D) provide conspicuous notice— (i) of the number of servings and milligrams of each naturally-occurring cannabinoid within any hemp-derived beverage, (ii) of the known risks to special populations (including children, those who are pregnant, and those prescribed medications) of consuming hemp-derived beverages, (iii) of the impact of hemp-derived beverages on an individual’s faculties (including the operation of machinery and automobiles), (iv) of directions for use, including— (I) the recommended manner and rate of consumption of hemp-derived beverages, and (II) the expected period of time before the onset of any effects following consumption of hemp-derived beverages, (v) of the requirement to be 21 years of age or older to possess, consume, or purchase hemp-derived beverages, and (vi) that the consumption of hemp-derived beverages may cause a consumer to fail a drug test for marijuana.
The Bureau would prescribe advertising requirements no more restrictive than the referenced federal alcohol-advertising rules. The prohibition covers advertisements distributed by any means, but joins violation of those requirements and the intermediate-product condition with “and,” leaving uncertainty about whether these are separate prohibitions.
It shall be unlawful for any person to publish or disseminate by any means (including by mail, radio broadcast, newspaper, television or streaming content, website sponsorship content, social media, indoor or outdoor signage, or other printed or graphic materials) any advertisement with respect to any hemp-derived beverage— (A) in violation of such requirements as the Administrator shall prescribe, and (B) which is an intermediate hemp-derived cannabinoid product
The requirements prescribed under paragraph (1)(A) shall not be more restrictive than those prescribed with respect to distilled spirits, wine, or malt beverages under section 105(f) of the Federal Alcohol Administration Act (27 U.S.C. 205(f)).
Violations of section 4's permit, labeling or advertising requirements, or requirements under the cited food-law chapter, would be misdemeanors carrying a $1,000 fine per offense upon conviction. For retailers, each drink sold in violation would count separately.
Any person who violates any requirement described in subsection (c), (d), or (e) or under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), shall be guilty of a misdemeanor and upon conviction thereof be fined $1,000 for each offense. For purposes of the preceding sentence, in the case of any retailer of hemp-derived beverages, each hemp-derived beverage sold in violation of any such requirement shall be treated as a separate violation.
Manufacturers and wholesalers would generally be subject to specified federal alcohol-law provisions within the bill's unfair-competition framework, unless the Bureau provides otherwise. Their application to out-of-state transactions would depend on comparable state requirements for in-state transactions. The text also exempts state and local government agencies and their officers and employees from the referenced subsections (a) through (c). The incorporated statutory provisions are not reproduced, limiting assessment of these rules and the exemption's practical scope.
Except as otherwise provided by the Administrator, a manufacturer or wholesaler of any hemp-derived beverage shall be subject to the provisions of subsections (a) through (d) of section 105 of the Federal Alcohol Administration Act (27 U.S.C. 205).
(A) such subsections shall apply to transactions between a retailer or trade buyer in any State and a manufacturer or wholesaler of hemp-derived beverages outside such State only to the extent that the law of such State imposes similar requirements with respect to similar transactions between a retailer or trade buyer in such State and a manufacturer or wholesaler of hemp-derived beverages in such State, as the case may be, and (B) subsections (a) through (c) of such Act shall not apply to any agency of a State or political subdivision thereof, or to any officer or employee of such agency.
Retailers could not sell qualifying drinks to anyone under 21, and people under 21 could not purchase, possess or consume them. Violating the retailer sales rule or the preceding unfair-practices provisions would be a misdemeanor carrying, upon conviction, a fine of up to $1,000 for all violations decided in one proceeding, plus forfeiture of the affected drinks to the United States. These penalties do not expressly extend to the separate under-21 purchase, possession and consumption prohibition in section 4(h).
(2) Minimum age of sale It shall be unlawful for any retailer to sell any hemp-derived beverage to any person younger than 21 years of age. (3) Penalties Any person who violates any of the provisions described in paragraph (1) or (2)— (A) shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 for all violations adjudicated in a single proceeding, and (B) shall forfeit to the United States all hemp-derived beverages with respect to which the violation occurs.
(h) Unlawful purchase It shall be unlawful for any person younger than 21 years of age to purchase, possess, or consume any hemp-derived beverage.
State, local and Tribal governments would retain authority to regulate or prohibit these drinks, subject to the bill's express through-shipment protection. Shipping them into a jurisdiction for delivery or use in violation of that jurisdiction's laws would be prohibited. The bill would permit shipment to a final destination where receipt, possession, sale or use is authorized.
The shipment, transportation, or importation into any State, political subdivision thereof, or territory of an Indian Tribe, for delivery or use therein of any hemp-derived beverage, in violation of the laws thereof, is hereby prohibited.
Nothing in this Act shall be construed to preempt, displace, or limit the authority of any State, political subdivision thereof, or Indian Tribe to enact and enforce laws and regulations governing the production, manufacture, importation, distribution, sale, possession, transportation, or consumption of hemp-derived beverages within its jurisdiction, including laws that are more stringent than, equivalent to, or that prohibit altogether the activities permitted under this Act.
The shipment or transportation of any hemp-derived beverage to a final destination in a State, political subdivision thereof, or territory of an Indian Tribe is permissible, provided the receipt, possession, sale, or use of such beverage is authorized in such State, political subdivision thereof, or territory of the Indian Tribe.
Notwithstanding paragraph (1), no State, political subdivision thereof, or Indian Tribe shall prohibit the transportation or shipment of any hemp-derived beverages through such State, political subdivision thereof, or Indian Tribe’s territory, if the point of origin of, and final destination for, the hemp-derived beverages are outside of such State, political subdivision thereof, or territory of the Indian Tribe.
A state, locality or Tribe could not block shipments merely passing through its territory when both the shipment's origin and final destination are outside that jurisdiction.
Notwithstanding paragraph (1), no State, political subdivision thereof, or Indian Tribe shall prohibit the transportation or shipment of any hemp-derived beverages through such State, political subdivision thereof, or Indian Tribe’s territory, if the point of origin of, and final destination for, the hemp-derived beverages are outside of such State, political subdivision thereof, or territory of the Indian Tribe.
Section 4(i)'s savings clause says that subsection would not preempt stricter state, local and Tribal advertising, marketing, point-of-sale display and consumer-labeling requirements, subject to an express exception where the advertised product is prohibited or unlawful there. The exception does not itself specify which requirements would then be preempted. The bill would also leave state product-liability and consumer-protection claims and liability unaffected.
Nothing in this subsection shall preempt any State, political subdivision thereof, or Indian Tribe requirement regarding advertising, marketing, point-of-sale display, or consumer labeling that is more restrictive than this Act, unless the product being advertised is prohibited or unlawful in such jurisdiction.
Nothing in this Act shall be construed to modify or otherwise affect any action or the liability of any person under the product liability or consumer-protection law of any State.
Within one year after enactment and annually afterward, the Bureau would have to report on implementation and recommend improvements to the named House and Senate committees.
Not later than one year following the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to the appropriate Congressional committees a report on the implementation, and recommendations for the improvement, of this Act.
the term appropriate Congressional committees means— (i) the Committees on Ways and Means and Energy and Commerce of the House of Representatives, and (ii) the Committees on Finance, Health, Education, Labor, and Pensions, and Commerce, Science, and Transportation of the Senate.
Within one year after enactment, the Health and Human Services Secretary would have to commission a Food and Drug Administration report, in consultation with transportation-safety, health-research, measurement-standards and Tax and Trade Bureau officials. Recommendations would cover testing, measuring and distinguishing impairment, serving sizes and delta-9 THC amounts. This is a deadline to commission the report, not an express deadline to finish it.
Not later than one year following the date of the enactment of this Act, the Secretary of Health and Human Services shall commission a report by the Commissioner of Food and Drugs, in consultation with the appropriate officials, on hemp-derived beverages.
The report described in subparagraph (A) shall include recommendations with respect to— (i) proper testing of hemp-derived beverages, (ii) measuring and distinguishing faculty impairment due to the use of hemp-derived beverages (including with respect to the operation of a motor vehicle), and (iii) serving sizes, and the appropriate amount of delta-9 tetrahydrocannabinol contained within such serving sizes, with respect to hemp-derived beverages.
the term appropriate officials means— (i) the Administrator of the National Highway Traffic Safety Administration, (ii) the Director of the National Institutes of Health, (iii) the Director of the National Institute of Standards and Technology, and (iv) the Administrator.
The Bureau, consulting federal health officials, would issue necessary or appropriate implementing rules or guidance addressing product tracking and possible adjustments to serving and container sizes based on the Food and Drug Administration report. Product tracking means following the supply chain from cultivation to the final consumer product. The text does not require that sizes actually change.
The Administrator, in consultation with the Secretary of Health and Human Services and the Commissioner of Food and Drugs, shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this Act, including with respect to— (1) product tracking, and (2) adjusting serving and container sizes established under paragraphs (3) and (6) of subsection (l) based on the content of the report authorized under subsection (j)(2).
The term product tracking means, with respect to hemp-derived beverages, tracking the supply chain from the cultivation of the naturally-occurring cannabinoid to the final product intended for sale.
Section 5 would tax qualifying drinks produced in the United States at 8 cents per milligram of intoxicating THC. The tax would be determined when drinks leave the manufacturer's premises for consumption or sale and collected under regulations using a method similar to the referenced tax-code provision. It would apply to drinks produced after enactment. The referenced collection provision is not supplied, so its detailed procedures cannot be described here.
There is hereby imposed a tax on any hemp-derived beverage produced in the United States. (b) Amount of tax The amount of tax imposed by subsection (a) shall, with respect to any hemp-derived beverage, be equal to 8 cents per milligram of intoxicating tetrahydrocannabinol content within such beverage. (c) Time of attachment The tax imposed by subsection (a) shall be determined as of the time of removal for consumption or sale from the premises of the manufacturer.
The tax imposed by subsection (a) shall be collected, pursuant to regulations prescribed by the Secretary, in a manner similar to that of section 5061.
The amendments made by this section shall apply with respect to hemp-derived beverages produced after the date of the enactment of this Act.
Section 6 would preserve the remainder of the Act if one provision were held invalid.
If any provision of this Act is held invalid, the remainder of the Act shall not be affected.
The supplied official-actions snapshot, updated September 22, 2026, records introduction in the House on August 10, 2026, and referral that day to the Energy and Commerce and Ways and Means Committees for matters within their respective jurisdictions.
Source snapshot updated 2026-09-22T08:05:36Z.
2026-08-10: Introduced in House
2026-08-10: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
A closer look
Reviewed version: Introduced in House · 2026-08-10. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy rider attached to appropriations was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish attachment history or the contents of other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version; absent requests, disclosures and accompanying materials prevent a broader conclusion about formal earmark status or other versions.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The cited findings identify preferential treatment and express exceptions within the bill's main regulatory policy. Classification does not establish improper purpose or a proven economic benefit.
The qualifying-drink definition gives a domestic preference to growers supplying naturally occurring cannabinoids and to U.S. packaging and labeling operations. It excludes naturally occurring cannabinoids extracted, sourced or processed from hemp plants cultivated outside the United States and requires domestic packaging and labeling. The cultivation restriction concerns those cannabinoid inputs, not all hemp inputs. These conditions govern eligibility for the bill's beverage framework.
The term hemp-derived beverage means a non-alcoholic liquid beverage intended for human consumption that—
(B) does not contain any naturally-occurring cannabinoids extracted, sourced, or processed from hemp plants cultivated outside of the United States
(E) is packaged and labeled within the United States
State and local government agencies, and their officers and employees, receive an express exemption from the referenced subsections (a) through (c) within the unfair-competition framework otherwise applied to beverage manufacturers and wholesalers. The incorporated statutory provisions are not reproduced, limiting assessment of the exemption's practical scope.
Except as otherwise provided by the Administrator, a manufacturer or wholesaler of any hemp-derived beverage shall be subject to the provisions of subsections (a) through (d) of section 105 of the Federal Alcohol Administration Act (27 U.S.C. 205).
(B) subsections (a) through (c) of such Act shall not apply to any agency of a State or political subdivision thereof, or to any officer or employee of such agency.
Section 2(a) provides a product-specific exemption benefiting businesses handling qualifying hemp-derived beverages: the referenced hemp amendments' per-container intoxicating-cannabinoid limit would not apply to beverages manufactured, distributed, labeled, advertised or sold in accordance with section 4(l)(3)'s THC serving requirements. This exception is part of the bill's main beverage policy and would take effect upon enactment regardless of the hemp amendments' effective dates. The referenced law is absent, so the displaced numerical limit and the exception's full practical effect cannot be established.
Notwithstanding the hemp amendments, the per-container limit on intoxicating cannabinoid content established by such amendments shall not apply to any hemp-derived beverage manufactured, distributed, labeled, advertised, or sold in accordance with the serving requirements for intoxicating tetrahydrocannabinol content under section 4(l)(3).
(G) does not contain more than 5 milligrams of total intoxicating tetrahydrocannabinol content per serving
The term hemp amendments means the amendments to section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) made by section 781 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (Public Law 119–37).
This section shall take effect on the date of the enactment of this Act, and shall apply notwithstanding any effective date specified in the hemp amendments.
Section 2(b) gives permitted manufacturers a conditional exception for intermediate hemp-derived cannabinoid products used in beverage production. Notwithstanding the referenced hemp amendments, these materials could temporarily exceed the final-drink THC level during ordinary manufacturing or processing. They must be used exclusively for compliant beverages, remain exclusively with manufacturers permitted to make the material and in good standing, be marketed, sold or transferred only to permitted final-beverage manufacturers, and not be for consumer use. Total THC, including tetrahydrocannabinolic acid, could not exceed 20 percent by weight. This special manufacturing allowance supports the bill's main beverage policy; the incorporated definition of intermediate products is not supplied, limiting assessment of its complete scope.
Notwithstanding the hemp amendments, intermediate hemp-derived cannabinoid products, as defined in paragraph (3)(B) of section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o), as proposed to be amended by the hemp amendments, may temporarily contain a total tetrahydrocannabinol concentration that exceeds the level specified in section 4(l)(3) during the ordinary course of the manufacture or processing of a hemp-derived beverage, if such hemp-derived cannabinoid product— (1) is used exclusively for the manufacture of a hemp-derived beverage in compliance with this Act, (2) remains exclusively with persons issued a permit under section 4(c) by the Tax and Trade Bureau to manufacture the material and is in good standing with respect to such permit, (3) is only marketed, sold, or transferred to a person issued a permit under section 4(c) by the Tax and Trade Bureau to manufacture hemp-derived beverages in final form, (4) is not for consumer use, and (5) contains not more than 20 percent total tetrahydrocannabinols (including tetrahydrocannabinolic acid) by weight.
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