Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB2309

Introduced
3/20/26  

Caption

In preliminary provisions, further providing for definitions; in Pennsylvania Liquor Control Board, further provid ing for general powers of board, for restrictions on members of the board and certain employees of Commonwealth, for enforcement and for biennial reports; in licenses and regulations, liquor, alcohol and malt and brewed beverages, further providing for malt and brewed beverages manufacturers', distributors' and importing distributors' licenses, for number and kinds of licenses allowed same licensee, for responsible alcohol management, for surrender of restaurant, eating place retail dispenser, hotel, club, catering club, importing distributor and distributor license for benefit of licensee, for unlawful acts relative to malt or brewed beverages and licensees and for liability of licensees; providing for hemp-derived cannabinoid beverages; establishing the Local Hemp Sharing Fund; and imposing penalties.

Summary

HB2309 would create a comprehensive regulatory framework for hemp-derived cannabinoid beverages in Pennsylvania and integrate those products into the Liquor Code. The bill defines key terms such as hemp-derived cannabinoid beverage, THC extraction license, cannabinoid service personnel, and related manufacturing, distribution, retail, and catering categories. It authorizes the Pennsylvania Liquor Control Board to license and regulate the manufacture, importation, distribution, retail sale, transportation, storage, advertising, testing, labeling, and inspection of these beverages, and it also allows certain existing alcohol license holders to obtain equivalent hemp-derived cannabinoid beverage licenses. The bill sets product standards and operational rules, including limits on THC content, restrictions on alcohol content, required third-party testing, packaging and warning-label requirements, electronic seed-to-sale tracking, and rules governing sales to minors and visibly intoxicated persons. It also creates a 12% retail tax on hemp-derived cannabinoid beverages, exempts certain on-premises sales from sales tax, and directs revenue into the General Fund and a new Local Hemp Sharing Fund. The Local Hemp Sharing Fund would support municipal distributions and a Pennsylvania Hemp Marketing Board that could recommend grants to promote hemp production, marketing, and research. HB2309 would also amend existing Liquor Code provisions to treat hemp-derived cannabinoid beverages similarly to alcohol in several enforcement and licensing contexts, while carving out separate rules where needed. It expands the Liquor Control Board’s authority over hemp-derived cannabinoid beverages, authorizes related training programs, permits combined alcohol/hemp service in some establishments, and establishes penalties, suspension, revocation, and appeal procedures for violations. The bill further provides protections and exemptions from other state laws, including the Controlled Substance, Drug, Device and Cosmetic Act, for hemp-derived THC products that comply with the new article. The general sentiment reflected by the bill text is regulatory and permissive rather than prohibitive: it appears designed to legalize and formalize a market for hemp-derived cannabinoid beverages while imposing substantial consumer-safety and licensing controls. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of support or opposition from hearings or floor action. The structure of the bill suggests an effort to balance industry development, public health safeguards, and tax collection. Notable points of potential contention include the bill’s broad preemption of other state prohibitions for compliant hemp-derived THC products, the creation of a new product category with alcohol-like licensing and retail access, and the explicit prohibition on state cooperation with federal enforcement against compliant licensees. Other likely flashpoints are the allowance of sales in Pennsylvania Liquor Stores, the 12% tax and municipal revenue-sharing scheme, the age-21 restrictions and intoxication rules, and the extent to which hemp-derived cannabinoid beverages are treated like alcohol versus controlled substances.

Impact

The bill would substantially amend the Pennsylvania Liquor Code by adding a new Article IV-A governing hemp-derived cannabinoid beverages and by revising numerous existing provisions to include those products alongside alcohol and malt beverages. It would give the Liquor Control Board, the Department of Agriculture, and the Department of Banking and Securities new regulatory responsibilities, create new license classes and fees, establish inspection and enforcement authority, and add new tax and revenue-distribution mechanisms. It would also create new statutory exemptions from the Controlled Substance, Drug, Device and Cosmetic Act for hemp-derived THC products that comply with the article, while preserving DUI-related treatment of hemp-derived cannabinoid beverages as controlled substances for certain traffic offenses.

Sentiment

The bill’s overall tone is pro-regulation and pro-market-development, suggesting support for bringing hemp-derived cannabinoid beverages into a licensed, taxed, and monitored framework rather than leaving them in a legal gray area. Because no committee transcript or vote history is available, there is no documented floor or committee sentiment to measure directly. Based on the text alone, the bill appears intended to appeal to both public-safety concerns and industry interests by pairing legalization with detailed controls on sales, labeling, testing, and enforcement.

Contention

The most likely areas of contention are the bill’s legalization and normalization of hemp-derived THC beverages, the extent of Liquor Control Board authority, and the bill’s strong protections for licensees from other state and federal enforcement actions. Critics may object to allowing these products in liquor stores, to the explicit exemption from controlled-substance laws for compliant products, and to the prohibition on state assistance to federal enforcement. Supporters may focus on the licensing structure, age restrictions, testing requirements, and tax revenue, while opponents may question whether the bill sufficiently protects minors, public health, and local communities from expanded access to intoxicating hemp products.

Companion Bills

No companion bills found.

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