Another Attempt at a Hemp Beverage Carve Out

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Today, Rep. Beth Van Duyne (R-TX) is circulating a draft of The Hemp-Derived Beverage Regulatory Clarity Act. Unlike others bills that focused on the broad Hemp THC category and including everything from edibles to smokeables, this attempt focus specifically on beverages. It would legalize Hemp THC beverages federally, capping the dose at 5mg and creating a tax of $0.10 per milligram. It would be age-gated at 21+ and place oversights with the Treasury Department’s Tax and Trade Bureau (TTB also manages alcohol labeling) in consultation with the Department of Health and Human Services.

Focusing just on beverages is a decent strategy, but this has one glaring gap. TESTING! No testing requirements. It does say that the TTB could set regulations for testing, packaging, labeling and serving and container sizes. But seeing that it takes several months to get a beer label approved, I’m not sure this is the best idea. Even if it goes through, which is unlikely, it could take months or years for regulations to be created.

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