Hemp beverage manufacturers may solicit and sell hemp beverage products to hemp beverage wholesalers, but shall not sell directly to a hemp beverage retailer. Hemp beverage wholesalers can solicit and sell hemp beverage products to hemp beverage retailers. A person, cooperative, or business holding a hemp beverage manufacturer license, hemp beverage wholesaler license, or a hemp beverage retailer license, or any combination of the three, may not hold a marijuana facility license.

No hemp beverage wholesaler or hemp beverage retailer shall distribute or sell any hemp beverage products that they know or reasonably should know were manufactured outside of the United States.

The act specifies the qualifications to receive a license, fees for licensure, and the application process, as well as the health, safety, permissible ingredients, testing, and transportation standards. The act also outlines the packaging and labeling requirements for hemp beverages. Any hemp beverage manufacturer or wholesaler who violates such health and safety standards, or permits its employees, officers, or agents to do so, will be guilty of a misdemeanor, and upon conviction will be subject to specified fines.

This act prohibits the sale of hemp beverages to anyone under the age of 21. Anyone who sells hemp beverages shall also be 21 years old. A manufacturer, wholesaler, or retailer of a hemp beverage product shall not advertise, market, or offer for sale the product by using, in the labeling or design of the product or product packaging or in advertising or marketing materials for the product trade dress, trademarks, branding, or other related materials, any imagery or scenery that depicts or signifies characters or symbols known to appeal primarily to persons under 21 years of age.

Under this act, an excise tax at a rate of 7% shall be imposed on the retail sale of a hemp beverage product.

This act is substantially similar to HB 463 (2025).

SARAH HASKINS