A Republican member of Congress is pushing a bill that would keep THC hemp drinks legal under federal law, creating a sweeping recriminalization of products derived from the crop that will take effect later this year, Marijuana Moment has learned.
Rep. Beth Van Duyne’s (R-TX) Hemp-Derived Beverage Clarity Act, in its current form, would allow adults 21 and older to purchase and consume hemp-THC beverages with 5 milligrams of delta-9 THC per serving.
It would also impose a federal tax of 10 cents per milligram of any hemp-derived cannabinoid in beverages.
Hemp beverages would be regulated by the Treasury Department’s Tax and Trade Bureau (TTB) in consultation with the Department of Health and Human Services, and the TTB could set testing, packaging, labeling, and serving and container sizes for hemp beverages.
Legal beverages can only contain natural cannabinoids that are cultivated and processed in the USA.
“(Under the bill) a regulated natural cannabinoid would be considered safe and could be added to a hemp-derived beverage intended for human consumption,” the bill, obtained by Marihuana Moment, states.
Manufacturers, distributors, wholesalers and sellers of hemp beverages would be required to obtain federal permits.
Companies could not sell multi-serve containers of more than 750 milliliters under the legislation.
It also directs the National Academies of Sciences, Engineering, and Medicine to publish a report on the safety and use of naturally occurring cannabinoids in beverages, and requires TTB to issue a separate report on the appropriate serving sizes of hemp-derived beverages.
The legislation further clarifies that states, Indian tribes and localities can enact rules that are “more stringent” than federal regulations, but says they cannot prohibit the shipping or transportation of hemp beverages across their borders into other jurisdictions.
The bill has not yet been formally introduced, and its provisions may change before that happens.
Staff at Van Duyne did not respond to Marihuana Moment’s request for comment for this story.
Hemp derivatives containing less than 0.3 percent delta-9 THC by dry weight were made federally legal under the 2018 Farm Bill signed by President Donald Trump in his first term. But late last year, he signed new legislation with provisions that will redefine hemp, so that only products with a total of 0.4 milligrams of THC per container will remain legal starting November 12.
The circulation of the new bill comes as the White House is separately clarifying that Trump wants Congress to take action to change the law that threatens to federally recriminalize hemp-derived products.
The administration “welcomes the opportunity to work with Congress on at least update the legal definition of the final hemp-derived cannabinoid products Americans have access to appropriate full-spectrum CBD products,” the Office of Management and Budget (OMB) said this month, “while Congress remains intent on limiting the sale of products that pose serious health risks.”
The call to avoid a broad ban on hemp CBD products was included in the Administration’s policy statement on the annual agriculture spending bill passed by the House of Representatives.
Several members of parliament had it He introduced amendments to that legislation to keep hemp products legalbut the House Rules Committee blocked each from going to a vote or its sponsor withdrew.
“The administration supports the progress of this legislation, but hopes to address its concerns before moving forward,” OMB said in the administration’s policy statement. “The administration looks forward to working with Congress to provide further input as the bill’s legislative process develops.”
in April, the president himself has asked members of Congress to redefine hemp to prevent the recriminalization of full-spectrum CBD products.
“I call on Congress to update the Act so that Americans can continue to have access to the full-spectrum CBD products they trust and support, while upholding Congress’ intent to limit the sale of products that pose health risks,” Trump said in a Truth Social post the same day his administration announced it was moving forward with marijuana reregulation.
“We need to do this RIGHT and FAST, especially for those who have found CBD to help them,” he said. “Also, I’m told it will help our BIG FARMERS that we love and will always be around.”
Industry advocates say the law passed last year not only threatens to ban intoxicating and synthetic cannabinoids, but also take popular full-spectrum CBD products used therapeutically by many Americans off the market.
“ONE IN FIVE adults used it in the past year, and many say it dramatically improved their chronic pain,” the president said in the social media post, adding that hemp-derived CBD “has made a HUGE difference for so many people.”
The administration also referred to a new initiative launched in April Cover up to $500 of hemp-derived products annually for eligible Medicare patients. The program being implemented by the Centers for Medicare and Medicaid Services (CMS) focuses largely on CBD, but allows products to contain a total of 3 milligrams of THC per serving.
“In December, I signed a very important Executive Order calling for Research and Innovation into Hemp-derived CBD,” Trump said. “Our wonderful Dr. Mehmet Oz moved quickly to follow the Executive Order directive, and set a model in motion for some Seniors this month. But more needs to be done!”
“Please do it, and SOON,” the president said, referring to the sweeping recriminalization congressional fix that will take effect in November. “Thank you for your attention to this matter!”
It’s unclear how far Trump wants to reduce the scope of planned federal restrictions on hemp products and what kinds of revised THC rules and limits he’d prefer to sign into law.
Separately, White House officials recently briefed a congressional office on hemp regulation.
In April, Vince Haley, director of the White House Domestic Policy Council, and James Braid, assistant to the president for legislative affairs, sent hemp policy suggestions to Rep. Andy Barr (R-KY).
“We appreciate your work to advance policy,” the executive order Trump signed in December, which included provisions to protect Americans’ access to CBD products, the staff wrote in a letter to Congress.
“We are submitting draft legislation and comments to your account to address the final statutory definition of hemp-derived cannabinoid products to ensure that Americans have access to adequate full-spectrum CBD products while maintaining Congress’ intent to limit the sale of products that pose serious health risks,” White House officials said, according to a social media screencast. “We are open to discussion and further technical assistance.”
Separately, Anti-marijuana organizations filed a lawsuit against the Medicare hemp CBD coverage policy– but adjudge dismissed the suit last month, ruling they lack standing. Health and Human Services lawyers section. Robert F. Kennedy Jr. and CMS director Mehmet Oz He submitted a letter requesting the filing of the case.
The White House Management and Budget Office has also held a series of meetings a Food and Drug Administration (FDA) CBD product enforcement policy.
The FDA issued the guidance making it clear that it does not intend to interfere Establish a Medicare coverage plan for hemp-derived products.
CMS finalized a rule that will be adopted separately Coverage of certain hemp products, primarily as specialized health-related benefits, through Medicare Advantage the plans
As hemp products become more popular among consumers, some big brands are trying to get in on the action.
The main retailer Target, for example, is expanding its market share of hemp-derived THC beverages. Last year, the company began a pilot program in 10 stores in Minnesota that sell cannabis drinks. That apparently went well, and now the company has secured licenses from Minnesota regulators to sell lower-potency edible hemp products — including THC drinks — in 72 stores in the state.
A report from the US Department of Agriculture published in April shows this US farmers grow $3 billion in hemp crops by 2025— 64% increase compared to the previous year.
Read the full draft hemp drink invoice below: