Beverage Regulatory Parity Act Would Treat Hemp THC Drinks Like Beer

A bipartisan pair of House members wants to stop banning hemp THC drinks and start regulating them like beer. The Beverage Regulatory Parity Act, introduced August 10, 2026 by Reps. Beth Van Duyne (R-TX-24) and Greg Landsman (D-OH-1), would create a federal three-tier distribution system for hemp-derived THC beverages modeled directly on alcohol. The bill is H.R. 10079. It caps beverages at 5 milligrams of total intoxicating THC per serving, sets a nationwide 21-and-over standard, and levies a federal excise tax of 8 cents per milligram.

Beverage Regulatory Parity Act

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What is in the Beverage Regulatory Parity Act

Oversight would go to the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau, in consultation with HHS and FDA. Producers, wholesalers and retailers would each need federal permits — the same tiered licensing structure that governs distilled spirits. Multi-serving containers are capped at 750 milliliters. Synthetically derived cannabinoids are banned outright, and cannabinoids must come from hemp cultivated and processed in the United States.

The tax number moved during drafting. An earlier circulated draft used 10 cents per milligram and a delta-9-specific limit; the introduced bill uses total intoxicating THC and 8 cents. If you are modeling cost, use the introduced version.

Van Duyne framed it as a choice between rules and a black market: “I’ve heard directly from people across North Texas who consume hemp-derived beverages, and businesses who sell them, that they need clarity, not a ban that pushes this market underground. The Beverage Regulatory Parity Act brings long-overdue certainty to the industry by regulating these beverages with the same proven structure that has successfully governed alcohol for decades.”

Landsman made the constituent-business case: “There are people all over Southwest Ohio who have invested significantly in these products, and they’ve done so safely. Now the federal government is telling them they can’t sell these products anymore. Our bill is bipartisan and very straightforward. It will keep people safe and let these folks stay in business.”

Why now

Because the clock is loud. Legislation signed late last year redefines hemp so that only products with 0.4 milligrams of total THC per container remain legal after November 12, 2026. That threshold effectively eliminates the hemp beverage category. The Senate voted to delay the date to December 11, but the House has not passed it and returns August 31 — so November 12 remains the operative date until that changes.

Retail groups have lined up behind the bill. John Bodnovich, Executive Director of American Beverage Licensees, called it “a thoughtful and serious approach to regulating hemp beverages in the United States,” noting that licensed retailers “have been consistent in calling for a safe, well-regulated, and accountable marketplace for hemp beverages.” The alcohol wholesalers signed on too, which is its own story.

Do not get ahead of the legislative math

H.R. 10079 has not passed. It was referred to House Energy and Commerce and House Ways and Means on the day it was introduced. It has exactly one cosponsor. There has been no hearing, no markup and no floor vote. A well-drafted bill with industry endorsements is still a bill.

What makes it worth watching is the shape of the coalition. This is not a cannabis-reform bill carried by cannabis-reform members. It is a Texas Republican and an Ohio Democrat proposing to hand a competing intoxicant to the liquor regulators — and the liquor industry saying yes. That is a different political animal than anything that has moved in this space before, and it sits against a backdrop of states like Virginia going the other direction entirely.

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Original sources

This article is general information, not legal advice.

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Thomas Howard

a seasoned cannabis business attorney, entrepreneur, and advocate with over a decade of hands-on experience navigating complex cannabis regulations across the United States. As the founder of Cannabis Industry Lawyer and co-host of Cannabis Legalization News, Tom has helped clients win cannabis licenses in multiple states, advised startups from seed to sale, and litigated key industry cases involving constitutional challenges and regulatory disputes. He’s personally built and launched cannabis businesses, giving him a rare combination of legal expertise and real-world operational insight. Tom has studied thousands of pages of cannabis laws and rules, testified on legalization issues, and regularly appears in media to break down developments in plain English. His mission: to fight outdated prohibition, empower entrepreneurs, and provide trustworthy, actionable information to anyone building a future in the legal cannabis industry.
Picture of Thomas Howard

Thomas Howard

a seasoned cannabis business attorney, entrepreneur, and advocate with over a decade of hands-on experience navigating complex cannabis regulations across the United States. As the founder of Cannabis Industry Lawyer and co-host of Cannabis Legalization News, Tom has helped clients win cannabis licenses in multiple states, advised startups from seed to sale, and litigated key industry cases involving constitutional challenges and regulatory disputes. He’s personally built and launched cannabis businesses, giving him a rare combination of legal expertise and real-world operational insight. Tom has studied thousands of pages of cannabis laws and rules, testified on legalization issues, and regularly appears in media to break down developments in plain English. His mission: to fight outdated prohibition, empower entrepreneurs, and provide trustworthy, actionable information to anyone building a future in the legal cannabis industry.

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