Federal Bill to Allow Hemp Beverages Circulating in Draft Form

Submitted by Phillip Smith on
Drug War Issues
Politics & Advocacy

As the clock ticks down toward a looming November federal ban on hemp-derived cannabinoids, lawmakers have responded with a slew of proposed legislative fixes ranging from adopting a regulatory approach instead to delaying implementation of the ban to leaving regulation up to the states. And now we can add one more bill to the list.

[image:1 align:left]Rep. Beth Van Duyne (R-TX) has for the last month been circulating proposed legislation that would exempt hemp-derived cannabinoid beverages from the ban. Her Hemp-Derived Beverage Regulatory Clarity Act, according to a report in Marijuana Moment.

Her draft legislation would allow people 21 and over to buy drinks containing up to 5 milligrams of THC per serving. The bill would also allow for multiple-serving containers of up to 750 milliliters. Such beverages would be subject to a federal excise tax of one dime per milligram. Those cannabinoids would be required to be naturally occurring and grown and processed in the United States.

"A naturally occurring cannabinoid regulated in accordance with [the bill] shall be deemed safe and may be added to a hemp-derived beverage intended for human consumption," the draft bill says.

Under the Van Duyne bill, manufacturers and sellers of hemp-derived cannabinoid products would require federal permits. Oversight would be shifted to the Treasury Department's Tax and Trade Bureau (TTB) and the Department of Health and Human Services (HHS).

TTB would be required to issue a report on proper dosage for hemp-derived beverages, and the National Academies of Science, Engineering, and Medicine would be required to publish a report on the safety of naturally-occurring cannabinoids and their use in beverages.

The bill would also allow states and tribes to create "more stringent" regulations than her proposed federal rules but would not allow them to bar the transport of hemp beverages through their jurisdictions.

This legislative effort is being heavily supported by the restaurant and hospitality industries, which are actively lobbying the National Restaurant Association to delay the impending federal hemp ban and establish clear safety and regulatory frameworks

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