If you've noticed THC seltzers and hemp-derived drinks popping up in New York bottle shops, bars, and even some grocery stores, a new bill in Congress could decide their future, and it takes a notably different approach from a looming federal crackdown.
The bill
The Beverage Regulatory Parity Act, a bipartisan measure from Reps. Beth Van Duyne (R-TX) and Greg Landsman (D-OH), would create a dedicated federal framework for hemp-derived THC beverages. Rather than banning them, it would keep them legal under clear guardrails: drinks with up to 5 milligrams of THC per serving, sold only to adults 21 and older.
Crucially, the bill would treat these drinks a lot like alcohol. It sets up a three-tier distribution system, the producer-distributor-retailer model used for beer, wine, and spirits, and imposes a federal tax of 8 cents per milligram of THC.
Why now
The timing isn't random. A federal deadline set to take effect November 12, 2026 threatens to all but eliminate the legal marketplace for hemp-derived beverages, part of a broader fight in Washington over how to handle intoxicating hemp products. Supporters of the beverage bill say it protects a fast-growing industry, worth billions, that has sprung up in the gray area created by the 2018 Farm Bill, while giving regulators the potency limits, age rules, and taxes the category currently lacks.
The New York angle
New York is a good example of why this matters. Hemp-derived THC drinks have spread into retail spaces that don't hold cannabis licenses, and the state has been writing its own rules for the category even as the federal picture stays unsettled. A clear national standard, potency caps, 21+ sales, and alcohol-style distribution, would give New York retailers and consumers far more certainty about what's legal and what's coming. For now, it's a proposal, and the November deadline is the clock everyone is watching. Cannabis and hemp THC products are for adults 21+.
