Hemp beverages have become an integral part of a generation’s social life and instead of being banned should be regulated to keep consumers safe while they have access to their intoxicating product of choice.
Hemp beverages come in a variety of options, the most common being “low” dose single-serve cans, containing 3-5 mg of Delta-9 THC. At least half of the country has either purchased a hemp beverage or knows someone who has.
Without congressional action, in November 2026, changes to the federal definition of hemp will essentially eliminate this budding marketplace.
A federal ban on intoxicating hemp beverages will not eliminate consumer demand or remove irresponsibly made products from the market. Instead, consumers will turn to unregulated channels where age verification, product standards, and enforcement are nonexistent.
The intoxicating hemp industry supports the jobs of hard-working Americans and should be regulated to maintain this burgeoning, diverse marketplace enjoyed by consumers.
The hemp industry supports 320,000 jobs
$28.4B in potential market activity
$1.5B in potential state tax revenue
72% of likely voters support
Account for 20% of retailers’ sales
143% growth in hemp beverage market in 2023
Congress Should Enact a Framework That Regulates Hemp Beverages Like Alcohol
Drawing on the principles of 80 years of safe alcohol regulation, WSWA urges Congress to pass legislation that regulates intoxicating hemp beverages and authorizes states to determine whether to allow for its retail sale.
This framework should prioritize a safe and reliable marketplace by supporting public safeguards and consumer choice. Alcohol regulation has been an unparalleled success and can serve as a model for the regulation of intoxicating hemp products, including beverages.
Federal Legislative Priorities
Regulate Hemp Beverages Like Alcohol
Ensure that Congress has Time to Enact Regulatory Legislation
Empower States to Regulate Hemp Beverages Within Their Borders
Secure Funding for Roadside Impairment Detection Training
The same regulatory system that has worked for alcohol should be applied to intoxicating hemp products.
- Proper federal regulation of hemp beverages should include:
- Requiring federal licensure of suppliers and distributors.
- Regulating trade practices such as prohibiting slotting fees.
- Instituting independent testing requirements.
- Imposing a federal tax.
- States should be empowered to regulate, including prohibit, hemp beverages in their own markets.
Congress needs more time to develop a thoughtful, enforceable regulatory framework for intoxicating hemp products.
- WSWA supports the bipartisan Hemp Planting Predictability Act (H.R. 7024 and S.3686) to extend by two years the implementation timeline for changes to the legality of hemp-derived products, so that Congress can enact meaningful regulations.
- A federal ban on intoxicating hemp products will not eliminate consumer demand or remove irresponsibly made products from the market. Instead, consumers will turn to unregulated channels where age verification, product standards, and enforcement are nonexistent.
States Should Build Upon Federal Regulations by Adopting a Complementary Framework
WSWA supports state enactment of comprehensive regulatory frameworks for hemp beverages drawing on the time-tested existing regulatory framework for alcoholic beverages.
State Legislative Priorities
Establish a licensure structure like that for beverage alcohol
Prohibit synthetic cannabinoids
Impose an excise tax
21 years old to purchase hemp beverages
Prohibit marketing and advertising aimed at children
Require independent testing for impurities and potency
Prohibit trade practices that create uneven playing fields
Establish procedures for product tracing
Require purchasing age of 21, labeling that doesn’t advertise to children, ban synthetic ingredients, and independent testing to keep consumers safe.
- Minimum age requirement of 21 years old to purchase hemp beverages.
- Prohibit synthetic cannabinoids.
- Require labeling warnings and product information to educate the buyer.
- Prohibit marketing and advertising aimed towards children.
- Require independent testing of final products for impurities and potency.
Create a tiered licensing structure for manufacturers, distributors, and retailers that creates a level playing field and accountability.
- Establish a licensure structure, like that for beverage alcohol, for manufacturers, testing facilities, wholesalers, and retailers.
- Establish procedures for product tracing.
- Prohibit shipment of intoxicating hemp products to consumers from out of state.
Impose a hemp beverage excise tax—collected and remitted by the distributor, set at a rate comparable to that imposed on beverage alcohol will provide a new revenue stream.
Prohibit trade practices that create uneven playing fields.
- Prohibit the inducement of retailers to advertise or display products.
- Limit the amount of common ownership interest allowed between different tiers or a complete prohibition on vertical integration.
Hemp Markets Across the Country
States understand the benefit of regulating hemp beverages to keep consumers safe while keeping products available. The map below shows states where hemp beverages are sold like alcohol and states currently considering hemp legislation.
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