Total Wine, Beer Wholesalers and Restaurants Weigh In on THC Drink Regulation. Here's What It Means for North Carolina.
10 min read
10 min read
Three major players in the food and beverage business have now disclosed federal lobbying on how hemp-derived THC drinks should be regulated. Total Wine and More, the National Beer Wholesalers Association and the National Restaurant Association have all reported lobbying on THC beverage legislation in recent filings, as the federal changes scheduled for December 11 approach.
Their positions are not identical. Total Wine has endorsed a federal beverage bill, the restaurant association has asked Congress for a delay and national standards, and the beer wholesalers say they are neutral on specific bills but want any THC drinks held to at least the same standards as alcohol. This article explains what each group disclosed, what the main federal beverage bill would do, and what it could mean for North Carolina shoppers and businesses. It is for general information and is not legal advice.
What Total Wine, Beer Wholesalers and Restaurants Disclosed
Total Wine and More
Total Wine reported $510,000 in federal lobbying expenses during the first nine months of 2026, including $190,000 in the third quarter, according to the company's federal lobbying disclosures as reported by the Marijuana Herald. Its filings listed the regulation of low-dose hemp-derived THC beverages as its lobbying issue, though lobbying disclosures report overall expenses and do not break down spending by activity. In August, the company publicly endorsed H.R. 10079, the Beverage Regulatory Parity Act.
Total Wine has also been active with North Carolina customers. In September, its online campaign urged people to contact their federal leaders, saying, "Hemp-derived THC products will become illegal after December 11th unless Congress acts," according to WSOC, citing The Charlotte Observer.
National Beer Wholesalers Association
The National Beer Wholesalers Association filed a disclosure on October 16 listing two federal bills, H.R. 9830 and H.R. 10079. The association says it remains neutral on current legislative proposals, but maintains that if hemp-derived THC beverages are allowed in the market, they should face at least the same safeguards, oversight and regulatory standards as alcohol, according to the same Marijuana Herald report.
National Restaurant Association
The National Restaurant Association named H.R. 10079 in its third quarter lobbying report, filed October 20, for the first time, according to the Marijuana Herald. Its $790,000 in third-quarter lobbying covers all of its federal issues, including tax, labor and food policy, so the filing does not show how much went to THC beverages. The filing also does not say whether the association supports every provision of the bill.
In a June letter to congressional leaders, the association asked Congress to delay the federal restrictions for two years while setting national standards for age verification, testing, labeling and dosing. It estimates that THC beverages could be worth $1.6 billion a year to restaurant operators.
What the Beverage Regulatory Parity Act Would Do
H.R. 10079 was introduced on August 10 by Rep. Beth Van Duyne of Texas, with Rep. Greg Landsman of Ohio as an original cosponsor. The bill was referred to the House Energy and Commerce and Ways and Means committees, where it remains pending. As described by the Marijuana Herald, the bill would:
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Allow qualifying hemp-derived beverages containing no more than 5 milligrams of total intoxicating THC per serving, subject to the bill's other eligibility requirements
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Give oversight to the Alcohol and Tobacco Tax and Trade Bureau, with the FDA regulating the drinks as food
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Require a three-tier distribution system, with manufacturers selling through wholesalers to retailers, similar to alcohol
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Limit sales, possession, and consumption to people 21 and older
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Set federal rules for manufacturing, testing, labeling, and advertising, including warning labels
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Add a federal excise tax of 8 cents per milligram of intoxicating THC
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Exempt qualifying beverages that comply with the proposed framework from the new federal per-container limit
States, local governments and tribes could still set stricter rules or ban the beverages entirely. The bill has not had a committee vote.
The second bill named by the beer wholesalers, H.R. 9830, the Lawful Hemp Protection Act, was introduced on July 22 by Rep. Andy Barr of Kentucky and Rep. Angie Craig of Minnesota. It would create a broader federal framework for hemp products covering testing, labeling, manufacturing, taxation, and distribution.
Why These Groups Are Focused on December 11
Without further congressional action, the remaining portions of the federal hemp definition changes enacted in November 2025 take effect on December 11, 2026. A first set of changes takes effect on November 12. Starting December 11, covered finished hemp-derived cannabinoid products containing more than 0.4 milligrams combined per container of total THC and specified other cannabinoids with similar effects will no longer qualify as hemp under federal law. We explained both dates in our guide to what changes on November 12 and December 11.
Many THC drinks sold today contain several milligrams of THC per can, well above 0.4 milligrams, so the limit would remove many of them from the federal definition of hemp. Companies are already adjusting to the date. UPS, for example, has updated its hemp shipping terms for December 11, as we reported in our story on UPS's new hemp shipping rules.
What the Federal Beverage Debate Means for North Carolina
THC drinks are already part of North Carolina's policy discussion. At its September 29 meeting, the Governor's Advisory Council on Cannabis discussed allowing licensed restaurants to sell THC beverages for on-premises consumption, with age checks for customers 21 and older and limits on serving size and dosage, according to NC Newsline. The council's Market and Regulatory Subcommittee also recorded agreement in its September 18 minutes that limits on drinks and gummies were appropriate. These are discussion items, not adopted recommendations.
At the state level, HB 328, North Carolina's bill to regulate hemp-derived consumables, remains in the House Rules, Calendar, and Operations Committee. Its conference report includes a proposed minimum age of 21 and a proposed 0.4 milligram per container limit, the same figure as the federal standard. The General Assembly reconvenes on October 26. As of October 25, the legislative calendar for the session did not list HB 328 or any House Rules Committee meeting, and no vote on the bill had been scheduled. Our guide explains how to contact your representative about HB 328.
Age limits have broad public support in North Carolina. An Elon University Poll of North Carolina adults found 82 percent support for banning sales of hemp-derived products to anyone under 21, as covered in our Elon poll report. Both the federal beverage bill and HB 328 include a minimum age of 21.
For North Carolina, the federal beverage bills matter in two ways. If Congress passes a beverage framework, it would set national rules for THC drinks while still letting the state add its own. If Congress does not change the law, the remaining federal hemp definition changes take effect on December 11. North Carolina can establish its own rules for THC beverages, but state authorization would not by itself override the federal definition of hemp.
What North Carolina Businesses That Sell THC Drinks Can Do Now
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Review your current products against the December 11 federal limit of 0.4 milligrams per container.
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Talk with your suppliers about their plans for December 11 and any products designed for a future regulated market.
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Follow the federal bills. H.R. 10079 and H.R. 9830 are both pending in Congress, and neither has had a committee vote.
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Share your experience with lawmakers. Specific details about your business, employees, and safeguards, such as age checks, help both state and federal officials.
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Get legal advice on your specific products before December 11.
Frequently Asked Questions
Q. What happens to THC drinks on December 11?
Unless Congress changes the law, covered finished hemp-derived products with more than 0.4 milligrams of total THC and specified similar cannabinoids per container will no longer qualify as hemp under federal law starting December 11. Many THC drinks sold today exceed that limit.
Q. What is the Beverage Regulatory Parity Act?
H.R. 10079 would regulate hemp-derived THC beverages in a way similar to alcohol, with a limit of 5 milligrams of intoxicating THC per serving, a minimum age of 21, federal oversight by the Alcohol and Tobacco Tax and Trade Bureau, and a three-tier distribution system. It is pending in Congress.
Q. Does Total Wine support regulating THC drinks?
Total Wine publicly endorsed H.R. 10079 in August and reported $510,000 in federal lobbying on low-dose hemp-derived THC beverages through the first nine months of 2026.
Q. Does the National Restaurant Association support H.R. 10079?
The association named H.R. 10079 in its third-quarter lobbying report, but the filing does not say whether it supports every provision. In June, it asked Congress to delay the federal restrictions and set national standards for THC beverages.
Can North Carolina set its own rules for THC drinks?
Yes. H.R. 10079 would let states set stricter rules or ban the beverages. At the state level, HB 328 remains in the House Rules Committee, and the Governor's Advisory Council on Cannabis has discussed rules for THC beverages in restaurants.
