2026 -- S 3215

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LC006276

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- HEMP GROWTH ACT -- RHODE

ISLAND HEMP THC BEVERAGE ACT

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: April 14, 2026

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 2-26-4 of the General Laws in Chapter 2-26 entitled "Hemp Growth

Act" is hereby amended to read as follows:

     2-26-4. Hemp an agricultural product.

     Hemp is an agricultural product that may be grown as a crop, produced, possessed,

distributed, sold at retail, and commercially traded pursuant to the provisions of this chapter. Hemp

is subject to primary regulation by the commission department of business regulation (DBR);

provided, however, that the manufacture, distribution, sale, and service of THC-infused beverages

shall be governed by chapter 28.13 of title 21. The division may assist the commission DBR in the

regulation of hemp growth and production.

     SECTION 2. Section 21-28.11-6 of the General Laws in Chapter 21-28.11 entitled "The

Rhode Island Cannabis Act" is hereby amended to read as follows:

     21-28.11-6. Cannabis advisory board.

     (a) There is hereby established a cannabis advisory board, which is directed to work in

collaboration with the commission and the administrator of the cannabis office to advise and issue

recommendations on the use, commerce, regulation and effects of adult-use and medical cannabis

within the state. The advisory board shall additionally provide recommendations to the commission

regarding the administration and distribution of the social equity assistance fund established

pursuant to § 21-28.11-31.

     (b) Membership. The cannabis advisory board shall consist of twenty (20) members, of

whom eleven (11) shall be voting members, and eight (8) nine (9) shall be non-voting members.

     (1) The board shall consist of the following non-voting members: the secretary of

commerce or designee, the director of the department of labor and training or designee, the director

of the department of health or designee, the commissioner of education or designee, the

superintendent of public safety or designee, the director of the department of business regulation

or designee, the secretary of the Executive Office of Health and Human Services (EOHHS) or

designee, and a representative from the University of Rhode Island College of Pharmacy selected

by the commission.

     (2) The board shall consist of the following voting members: a social equity officer, who

shall be appointed by the governor and serve as chair of the advisory board; two (2) additional

members to be appointed by the governor, one of whom shall represent the cannabis laboratory

testing industry, and one of whom shall be appointed in accordance with subsection (e) of this

section who has demonstrated experience in the manufacture, distribution, or retail sale of THC-

infused beverages; four (4) members to be appointed by the speaker of the house, one of whom

shall represent the cannabis cultivation industry, and three (3) of whom to be appointed in

accordance with subsection (e) of this section; and four (4) members to be appointed by the

president of the senate, one of whom shall represent the cannabis retail industry, and three (3) of

whom to be appointed in accordance with subsection (e) of this section.

     (c) Term of voting members. The voting members shall be appointed to serve three (3)

year terms or until a successor is appointed. In the event of vacancy, the vacancy shall be filled in

the manner of the original appointment for the remainder of the term.

     (d) Compensation. The appointed members and representatives shall receive no

compensation for their services.

     (e) Representation. The members of the advisory board appointed by the governor, the

speaker of the house and the president of the senate pursuant to the provisions of the chapter shall

to the extent possible be individuals with expertise in the following areas: public and behavioral

health, substance use disorder treatment, effective rehabilitative treatment for adults and juveniles,

homelessness and housing, economic development, criminal justice, law enforcement and drug

policy. Further, the advisory board shall include representation from communities most impacted

by cannabis prohibition, such as individuals with prior drug convictions, the formerly incarcerated,

and representatives of organizations servicing communities impacted by past federal and state drug

policies.

     (f) Quorum. To take action at a meeting, a majority of voting members of the board must

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be present and voting to constitute a quorum.

     (g) Role and responsibilities. The advisory board shall:

     (1) Consider all matters submitted to the board by the cannabis control commission;

     (2) Advise and make recommendations to the commission on the preparation and

promulgation of guidelines, rules and regulations and any changes to guidelines, rules and

regulations that the advisory board deems fundamental or necessary for the commission’s review

and consideration;

     (3) Provide analysis and recommendations to the commission relating to the administration

and distribution of the social equity assistance fund established pursuant to § 21-28.11-31;

     (4) Conduct all meetings in compliance with chapter 46 of title 42 (the “open meetings

act”); and

     (5) Report the findings, analysis, recommendations and conclusions adopted and approved

by the board to the commission within thirty (30) days of adoption and approval.

     (h) Subcommittees. The chair may appoint subcommittees in order to develop and report

recommendations and to expedite the work of the board; provided, however, that the chair shall

appoint:

     (1) A subcommittee on public health to develop recommendations on: products, labeling,

marketing, advertising, related public health issues; potency, which may include a recommended

maximum limit for individual servings of cannabis products; and packaging, which may include

the development and implementation of a public health warning to appear on cannabis products;

     (2) A subcommittee on public safety and community mitigation to develop

recommendations on law enforcement, property, business, consumer, and any other issues that may

have an affect on the locality of the cannabis establishment and the surrounding environment;

     (3) A subcommittee on the cannabis industry to develop recommendations on cultivation,

processing, manufacturing, transportation, distribution, seed-to-sale tracking systems and market

stability;

     (4) A subcommittee on market participation to develop recommendations on minority and

veteran-owned businesses, local agriculture and growing cooperatives; and

     (5) A subcommittee on social equity to develop recommendations on remedying the harm

to individuals directly and adversely impacted by the past enforcement of cannabis-related laws.

     SECTION 3. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

amended by adding thereto the following chapter:

CHAPTER 28.13

RHODE ISLAND HEMP THC BEVERAGE ACT

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     21-28.13-1. Short title.

     This chapter shall be known and may be cited as the “Rhode Island Hemp THC Beverage

Act.”

     21-28.13-2. Definitions.

     As used in this chapter:

     (1) “Artificially-derived cannabinoid” means a cannabinoid that is created or modified after

extraction from hemp through a chemical reaction, other than decarboxylation or naturally

occurring isomerization resulting from the application of heat or light, that materially alters the

molecular structure of the cannabinoid. The term includes, but is not limited to,

tetrahydrocannabinols produced through the chemical conversion of cannabidiol (CBD), such as

delta-8-tetrahydrocannabinol (delta-8 THC) or delta-10-tetrahydrocannabinol (delta-10 THC),

unless the commission, by rule, determines that a specific artificially derived cannabinoid may be

safely manufactured and sold for human consumption in accordance with applicable law and

commission standards.

     (2) “Business” means any individual or sole proprietorship, partnership, firm, corporation,

trust, limited liability company, limited liability partnership, joint stock company, joint venture,

association or other legal entity through which business for-profit or not-for-profit is conducted;

     (3) “Cannabis retailer” or “marijuana retailer” means an entity licensed pursuant to section

28.11 of title 21;

     (4) “Commission” means the Rhode Island cannabis control commission established by §

21-28.11-4;

     (5) “Hemp” or “industrial hemp” means the plant cannabis sativa L. and any part of that

plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts,

and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of

not more than three-tenths percent (0.3%) on a dry weight or per volume basis regardless of

moisture content, and which satisfies the requirements of this chapter.

     (6) “Hemp-derived THC” means tetrahydrocannabinol derived solely from hemp and

expressly excluding THC derived from cannabis.

     (7) “Hemp-derived CBD” means cannabidiol extracted or derived from hemp that does not

itself produce intoxicating effects when consumed.

     (8) “Independent testing laboratory” means a laboratory that:

     (i) Does not have a direct or indirect interest in the entity whose product is being tested;

     (ii) Does not have a direct or indirect interest in a facility that cultivates, processes,

manufactures, distributes, dispenses, or sells THC-infused beverages or infused beverage products

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in the state; and

     (iii) Is accredited by a third-party accrediting body to ISO/IEC 17025 for the applicable

analytical methods used to test the product and otherwise meets any proficiency-testing, quality-

assurance, and reporting standards established by the commission by rule.

     (9) “Infused-beverage endorsement” means an endorsement issued by the commission to a

licensed liquor retailer, cannabis retailer, hemp-consumables retailer, or licensed on-premise

server, or a person licensed or authorized by the commission to manufacture THC-infused

beverages, authorizing the holder to sell or serve THC-infused beverages to consumers in

accordance with this chapter. An infused-beverage endorsement shall not authorize wholesale or

distribution activities.

     (10) “Licensed liquor retailer” means the holder of a Class A retailer’s liquor license in

good standing.

     (11) “Licensed liquor wholesaler” means the holder of a wholesale Class A or wholesale

Class B liquor license in good standing.

     (12) “Low-dose” means a THC-infused beverage labeled to contain not more than five

milligrams (5 mg) of total hemp-derived THC per container.

     (13) “Manufacturing facility” means a facility licensed or otherwise authorized by the

commission for the production or manufacture of THC-infused beverages in accordance with this

chapter.

     (14) “Multi-serving container” means a beverage container intended for repeated access

and multiple servings that includes clearly measurable servings, resealable packaging, and labeling

stating the amount of total hemp-derived THC per serving and per container.

     (15) “Permissible variance” means ten percent (10%), or such other variance as the

commission may establish by rule for particular analytes or testing circumstances upon an

articulated scientific or analytical basis.

     (16) “Registered on-premise server” means the holder of a Class B liquor license in good

standing that has received an infused-beverage endorsement from the commission authorizing the

sale or service of THC-infused beverages for on-premises consumption in accordance with this

chapter.

     (17) “Registered retailer” means a licensed liquor retailer, cannabis retailer, or hemp

consumables retailer that has received an infused-beverage endorsement from the commission

authorizing the retail sale of THC-infused beverages in accordance with this chapter.

     (18) “Single-serving container” means a beverage container intended to be consumed on a

single occasion and containing not more than five milligrams (5 mg) of total hemp-derived THC.

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     (19) “Synthetic cannabinoid” means a substance with a similar chemical structure and

pharmacological activity to a cannabinoid, but which is not extracted or derived from hemp plants,

or hemp plant parts and is instead created or produced by chemical or biochemical synthesis.

     (20) “Tax division” means the Rhode Island division of taxation.

     (21) “THC-infused beverage” means a beverage product that:

     (i) Is not an alcoholic beverage, as defined in title 3;

     (ii) Is intended for human consumption;

     (iii) Contains, or is advertised, labeled, or offered for sale as containing, not more than five

milligrams (5 mg) of total hemp-derived THC per container subject to § 21-28.13-6;

     (iv) Is intended to be consumed as a beverage, including a ready-to-drink liquid and a

product intended to be dissolved, diluted, or mixed into a beverage prior to consumption, when

marketed and labeled as such; and

     (v) May contain hemp-derived CBD or other hemp-derived cannabinoids permitted under

this chapter.

     (22) “Universal THC symbol” means the ASTM International standard intoxicating

cannabinoid product symbol, ASTM D8441/D8441M, or a substantially similar symbol approved

by the commission by rule, indicating that a product contains intoxicating cannabinoids and is

intended for adult use only.

     21-28.13-3. Purposes -- Rules of construction.

     (a) This chapter shall be liberally construed and applied to promote its underlying purposes

and policies.

     (b) The underlying purposes and policies of this chapter are:

     (1) To promote temperance and the reasonable control of the traffic in intoxicating THC-

infused beverages;

     (2) To protect the public health, safety, and welfare through the safe, regulated, and age-

restricted sale and service of THC-infused beverages, including by prohibiting the sale or service

of THC-infused beverages to persons under twenty-one (21) years of age;

     (3) To establish a clear licensing, endorsement, registration, and distribution framework

process for THC-infused beverages through existing regulated channels, including licensed liquor

retailers, cannabis retailers, hemp-consumables retailers, licensed on-premise servers, licensed

manufacturers, and licensed liquor wholesalers, as applicable under this chapter;

     (4) To utilize existing licensed and age-restricted retail channels, including cannabis

retailers, that are already subject to strict age-verification and compliance requirements for the sale

of adult-use products;

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     (5) To integrate the distribution and sale of THC-infused beverages into the existing

alcoholic beverage system in a manner that preserves the integrity of the three (3) tier structure

while vesting the commission with authority over product safety, testing, labeling, consumer

protection, and enforcement;

     (6) To establish a low dose, container-based regulatory framework for THC-infused

beverages that is practical to administer, clear to consumers, and capable of routine inspection and

enforcement in general retail settings;

     (7) To establish standardized requirements for labeling, universal intoxicating-cannabinoid

symbols, batch-level traceability, independent laboratory testing, age verification, and product

warnings in order to reduce consumer confusion and support consistent compliance and

enforcement;

     (8) To distinguish regulated, tested, and lawfully distributed THC-infused beverages sold

through licensed channels from unregulated or noncompliant intoxicating hemp products outside

such channels;

     (9) To permit, under conditions established by the commission, limited on-premises service

and off-premises sales by licensed manufacturers of THC-infused beverages in a manner consistent

with supervised beverage-service models used for other regulated beverage producers; and

     (10) To ensure that taxes, fees, and other revenues associated with THC-infused beverages

support licensing administration, compliance inspections, investigations, product testing,

enforcement, and consumer education.

     (c) The effect of this chapter may not be varied by contract or agreement. Any contract or

agreement purporting to do so is void and unenforceable to that extent only.

     (d) Nothing in this chapter shall be construed to authorize any activity prohibited under

federal law, including the Controlled Substances Act, nor to limit or restrict the authority of the

United States Food and Drug Administration.

     (e) This chapter shall be applied in a manner that does not discriminate against interstate

commerce, and products lawfully manufactured outside this state shall be permitted on equal terms

with in-state products, provided such products comply with the requirements of this chapter and

rules promulgated hereunder.

     (f) In the event of a conflict between this chapter and any other provision of state law

relating to hemp-derived consumable products, the provisions of this chapter shall control with

respect to the manufacture, distribution, sale, and service of THC-infused beverages.

     21-28.13-4. Sale of THC-infused beverages -- Reporting -- Taxes -- Fees.

     (a) No THC-infused beverage shall be sold, offered for sale, distributed, or served in this

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state unless the THC-infused beverage is:

     (1) Sold or offered for sale on the premises of a registered retailer holding a valid infused-

beverage endorsement issued by the commission;

     (2) Sold or served on the premises of a registered on-premise server holding a valid infused-

beverage endorsement issued by the commission;

     (3) Sold by a manufacturer holding a valid infused-beverage endorsement issued by the

commission, but only to the extent authorized under subsection (e) of this section; or

     (4) Distributed by a licensed liquor wholesaler registered with the commission in

accordance with this chapter. For avoidance of doubt, a cannabis retailer or marijuana retailer

authorized under this chapter to sell THC-infused beverages shall not otherwise be restricted from

engaging in any activity otherwise permitted under chapter 28.11 of title 21, except as provided in

this chapter.

     (b) Any licensed liquor retailer, cannabis retailer, or hemp-consumables retailer may apply

to the commission for an infused-beverage endorsement authorizing the retail sale of THC-infused

beverages. An infused-beverage endorsement issued under this subsection shall authorize sale to

consumers only and shall not authorize wholesale distribution. The applicant shall submit to the

commission, in a form and manner prescribed by the commission:

     (1) An application;

     (2) An annual endorsement fee of five hundred dollars ($500); and

     (3) Proof of tax compliance, including compliance with this chapter. For purposes of this

subsection, the commission may require proof of tax compliance by:

     (i) A certification of compliance made under the penalty of perjury; or

     (ii) A letter of good standing from the tax division. An infused-beverage endorsement

issued under this subsection shall authorize the retail sale of THC-infused beverages in sealed

containers for off-premises consumption. Online ordering and delivery shall be permitted only

where the sale is fulfilled by a licensed retailer, with age verification at the time of purchase and at

the time of delivery, and otherwise in accordance with commission rule consistent with the delivery

provisions of title 3.

     (c) Any licensed liquor wholesaler shall be eligible to distribute THC-infused beverages in

the state. Distribution authority under this chapter shall be limited to holders of wholesale Class A

or wholesale Class B liquor licenses in good standing under title 3. Each licensed liquor wholesaler

distributing THC-infused beverages shall register annually with the commission and shall pay an

annual compliance fee of two thousand five hundred dollars ($2,500). An applicant for registration

under this subsection shall demonstrate tax compliance to the commission, including compliance

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with this chapter. For purposes of this subsection, the commission may require proof of tax

compliance by:

     (i) A certification of compliance made under the penalty of perjury; or

     (ii) A letter of good standing from the tax division. A licensed liquor wholesaler registered

under this subsection shall maintain invoice records, lot and batch traceability, and access to

certificates of analysis for products distributed in this state in accordance with commission rules.

     (d) Any holder of a Class B liquor license in good standing may apply to the commission

for an infused-beverage endorsement authorizing the sale or service of THC-infused beverages for

on-premises consumption and, upon approval, shall be deemed a registered on-premise server

under this chapter. THC-infused beverages sold by a registered on-premise server shall be sold

exclusively for consumption on the premises of such registered on-premise server. The applicant

shall submit to the commission, in a form and manner prescribed by the commission:

     (1) An application;

     (2) An annual endorsement fee of five hundred dollars ($500); and

     (3) Proof of tax compliance, including compliance with this chapter. The commission shall

promulgate rules establishing minimum server training requirements for THC-infused beverages

consistent, where applicable, with the alcohol server training regulations as set forth in § 3-7-6.1,

including requirements relating to age verification, responsible service, delayed effects, consumer

warnings, and limits on intoxication. THC-infused beverages shall not be commingled with

alcoholic beverages in the same container or mixed drink.

     (e) A person licensed or otherwise authorized by the commission to manufacture THC-

infused beverages may apply to the commission for an infused-beverage endorsement authorizing:

     (1) The sale or service or THC-infused beverages for on-premises consumption at a

licensed manufacturing facility or tasting room approved by the commission; and

     (2) The sale of sealed THC-infused beverages for off-premises consumption from such

premises. An applicant under this subsection shall submit to the commission, in the form and

manner prescribed by the commission:

     (i) An application;

     (ii) An annual endorsement fee of five hundred dollars ($500); and

     (iii) Proof of tax compliance, including compliance with this chapter. The commission may

establish by rule reasonable conditions on sales authorized under this subsection, including

conditions relating to age verification, separation from alcoholic beverage service, premises

supervision, hours of sale, signage, training, and recordkeeping. THC-infused beverages sold

pursuant to this subsection shall not be commingled with alcoholic beverages in the same container

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or mixed drink.

     (f)(1) Not later than August 1, 2026, each business that owns or possesses any THC-infused

beverage in this state shall prepare an inventory of all such products owned or possessed in this

state as of said date.

     (2) Products lawfully manufactured or possessed in this state before August 1, 2026, may

be sold through December 31, 2026; provided that, such products comply with the labeling and

testing requirements of this chapter.

     (3) Each business in possession of THC-infused beverages for sale at retail or wholesale

shall remit to the tax division all applicable excise taxes, beverage container taxes, and sales taxes

consistent with the assessment, payment, and collection of:

     (i) Excise taxes under chapter 10 of title 3;

     (ii) Beverage container taxes under chapter 44 of title 44; and

     (iii) Sales taxes under chapter 18 of title 44.

     (4) The division of taxation shall establish a commodity code for THC-infused beverages,

and such taxes shall be remitted according to the same process, frequency, and cadence applicable

to alcoholic beverages.

     (5) For low-dose THC infused beverages, the excise tax rate shall be ten percent (10%) of

the wholesale cost.

     (g) If any business fails to submit the inventory or remit the taxes required under subsection

(f) of this section on or before August 1, 2026, the commission may:

     (1) Make a good faith estimate, based on the information reasonably available to the

commission, of the number of containers owned or possessed by such business in this state on

August 1, 2026; and

     (2) Invoice such business for the taxes due under subsection (f) of this section.

     (h) All fees and penalties collected under this section shall be deposited in the general fund;

provided, however, that ten percent (10%) of such fees and penalties shall be credited to a restricted

receipt account to be known as the THC-infused beverage enforcement fund. Monies in the fund

shall be used, subject to appropriation, for administration and enforcement of this chapter, including

product testing, compliance inspections, investigations, and public education related to THC-

infused beverages.

     (i) If any business fails to submit required reports or pay the fees required under this

chapter, the commission may suspend, revoke, or place conditions upon any certificate, license,

permit, registration, endorsement, or other credential issued to or for such business.

     (j) The commission shall promulgate rules necessary to implement this chapter consistent

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with protecting public health, preventing youth access, ensuring product safety, and maintaining a

transparent and accountable marketplace.

     21-28.13-5. Purchase from licensed wholesalers -- Limited exception.

     Except for THC-infused beverages manufactured by, and sold directly to consumers by, a

manufacturer holding a valid infused-beverage endorsement under § 21-28.13-4(e), all registered

retailers and registered on-premise servers authorized under this chapter shall purchase THC-

infused beverages only from a licensed liquor wholesaler registered under this chapter and holding

the applicable wholesale license under title 3.

     21-28.13-6. Dosage limitations.

     (a) A THC-infused beverage shall not contain more than five milligrams (5 mg) of total

THC per container.

     (b) No single serving of a THC-infused beverage shall contain more than five milligrams

(5 mg) of total THC. The commission may establish by rule requirements governing multi-serving

containers, including labeling, demarcation of servings, and consumer instructions.

     (c) The commission shall promulgate rules and regulations to enforce this section,

including:

     (1) Permissible variance thresholds;

     (2) Testing and verification requirements; and

     (3) Civil penalties or fines for violations of this section.

     (d) The commission shall establish, by rule, minimum testing panels including, at a

minimum, cannabinoids, pesticides, heavy metals, residual solvents, and microcontaminants,

together with sampling protocols and chain-of-custody requirements necessary to ensure the

accuracy, reliability, and reproducibility of test results.

     21-28.13-7. Sale to minors prohibited.

     (a) No THC-infused beverage may be sold or served to any individual under twenty-one

(21) years of age.

     (b) Prior to completing a sale or service of a THC-infused beverage, a registered retailer or

registered on-premise server shall verify that the purchaser or consumer is at least twenty-one (21)

years of age in accordance with the proof of age requirements set forth in § 3-8-6.

     (c) A registered retailer or registered on-premise server may seize a form of identification

set forth in § 3-8-6 if the retailer or server has reasonable grounds to believe that the form of

identification has been altered, falsified, or is being used in violation of law. Any form of

identification seized pursuant to this subsection shall be delivered to a law enforcement agency

within twenty-four (24) hours.

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     (d) THC-infused beverages shall not be commingled with alcoholic beverages in the same

container or mixed drink.

     (e) The commission may promulgate rules establishing additional age verification, point-

of-sale, and service requirements consistent with this chapter and title 3.

     (f) Registered retailers and registered on-premise servers shall display clear and

conspicuous signage stating that THC-infused beverages are intended only for individuals twenty-

one (21) years of age or older.

     21-28.13-8. Labeling requirements.

     (a) A THC-infused beverage product regulated under this chapter shall bear a label that

contains, at a minimum:

     (1) The business name, mailing address, and website of:

     (i) The manufacturer or co-packer responsible for physical production of the beverage; and

     (ii) The brand owner or other responsible business under whose name the product is

marketed or distributed.

     (2) The name and address of the independent testing laboratory that performed the most

recent testing of the batch;

     (3) The batch or lot number sufficient to enable traceability; and

     (4) An accurate statement of the cannabinoid profile of the product, showing the total

amount of each cannabinoid present at or above the reporting threshold established by the

commission, expressed per serving and per container, together with the total cannabinoids and total

tetrahydrocannabinol (THC), within the permissible variance;

     (5) A scannable barcode or quick-response (QR) code linking directly to a certificate of

analysis maintained by the commission, the manufacturer, or a designee of either;

     (6) A universal symbol, if established by the commission, indicating that the product

contains intoxicating cannabinoids;

     (7) The following warning statements in bold type:

     (i) “For adults twenty-one (21) years of age and older.”

     (ii) “Do not drive or operate machinery after consuming.”

     (iii) “Effects may be delayed.”

     (iv) “Not safe during pregnancy or breastfeeding.”

     (v) “Keep this product out of reach of children.”

     For products manufactured under a co-packing or contract-manufacturing agreement, the

label shall identify both the manufacturing facility and the brand owner as provided in subsection

(1) of this section, and shall state “Manufactured for [Brand Name] by [Manufacturer Name, City,

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State].”

     (b) The information required in subsection (a) of this section may appear on an outer

package when the immediate container is too small to accommodate all required information;

provided that, the immediate container shall, at a minimum, display:

     (1) The universal symbol required by subsection (a)(6) of this section, if applicable;

     (2) The statement “21+”; and

     (3) The total THC per container.

     (c) The commission may authorize additional electronic or web-based disclosures by rule,

including through QR codes or similar technology; provided that:

     (1) The linked page contains all information required by this section; and

     (2) Such information remains publicly accessible for not less than twenty-four (24) months

following the product’s expiration date or final distribution, whichever is later.

     (d) The label shall state: “This product has not been evaluated by the United States Food

and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease,” unless

the product has received approval from the United States Food and Drug Administration.

     (e) All required label information shall be prominently and conspicuously displayed in a

manner that is easily legible and understandable to the consumer.

     (f) The labeling shall not contain any statement or representation that a THC-infused

beverage is intended or effective for the prevention, treatment, or cure of any disease, or to affect

the structure or function of the human or animal body, unless such claim has been approved by the

United States Food and Drug Administration.

     21-28.13-9. Additional requirements.

     (a) In addition to the testing and labeling requirements set forth in § 21-28.13-8, every

THC-infused beverage sold or offered for sale in this state shall comply with the product-safety,

packaging, and formulation standards of this section.

     (b) THC-infused beverages shall not:

     (1) Bear designs, names, cartoons, images, features, or marketing elements that the

commission determines are reasonably likely to appeal primarily to persons under twenty-one (21)

years of age;

     (2) Be modeled after, or marketed in a manner that imitates, a brand of products or category

of product primarily consumed by or marketed to children;

     (3) Be made by applying an extracted or concentrated hemp-derived cannabinoid to a

commercially available candy or snack food item;

     (4) Be represented or packaged in a form substantively similar to a meat food product;

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poultry food product; or a dairy product;

     (5) Contain any ingredient, other than a hemp-derived cannabinoid, that is not approved by

the United States Food and Drug Administration for use in food or beverage products;

     (6) Be packaged in a manner that resembles the trademarked, characteristic, or product-

specialized packaging of any commercially available food product in a way that is likely to cause

consumer confusion;

     (7) Be packaged in a container that includes a statement, artwork, symbol, or design that

could reasonably mislead a consumer to believe that the package contains anything other than a

THC-infused beverage.

     (8) Use or display the same or a confusingly similar brand name, logo, or trade dress as an

alcoholic-beverage product regulated under title 3; provided, however, that an alcohol manufacturer

or wholesaler licensed under title 3 may use its existing corporate or brand name for a hemp-derived

or THC-infused beverage if the labeling, packaging, and marketing clearly distinguish the product

from alcoholic beverages in accordance with commission rules; or

     (9) Be advertised or marketed in a manner that is false, misleading, or reasonably likely to

cause consumer confusion as to whether the product is an alcoholic beverage, a non-intoxicating

hemp product, or a product intended for persons under twenty-one (21) years of age.

     (10) The commission shall establish by rule objective criteria and illustrative examples to

guide determinations under this subsection.

     (c) In addition to the labeling elements required under § 21-28.13-8, each THC-infused

beverage shall clearly display on its container or outer package:

     (1) The serving size and number of servings per container; provided, however, that for a

single-serving beverage the container shall be deemed one serving;

     (2) A list of ingredients, including identification of any major food allergens declared by

name in accordance with 21 U.S.C. § 343(w);

     (3) The following statement in bold, conspicuous type: “Keep this product out of reach of

children.”

     (d) THC-infused beverages may contain delta-9 tetrahydrocannabinol and other naturally

occurring cannabinoids derived from hemp plants or hemp plant parts. No THC-infused beverage

shall contain a synthetic cannabinoid or any artificially-derived cannabinoid unless the

commission, by rule and upon a finding of safety, stability, and suitability for human consumption

in beverage form, authorizes its use in beverages manufactured for human consumption. The

commission may establish by rule a list of approved cannabinoids and any concentration limits

necessary to protect consumer health.

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     (e) A manufacturer authorized under this chapter may produce, possess, and store THC-

infused beverages formulated exclusively for lawful sale outside Rhode Island; provided that, such

products are clearly labeled “Not for sale in Rhode Island,” segregated from in-state inventory, and

documented in batch, lot, and manifest records identifying the lawful destination jurisdiction.

     (f) Each manufacturer shall maintain procedures for product recalls, consumer complaints,

and adverse-event reporting consistent with commission rules. The commission may order a recall

of any THC-infused beverage that it determines poses a risk to public health or safety.

Manufacturers, wholesalers, and retailers shall maintain records sufficient to support product

traceability, recall execution, and inspection-ready verification of batch identity and certificate-of-

analysis access.

     (g) The commission may establish by rule requirements governing retail placement, point-

of-sale identification, product segregation where necessary to prevent consumer confusion or youth

access, and other shelf-level safeguards consistent with this chapter.

     21-28.13-10. Noncompliant products -- Enforcement.

     (a) A product regulated under this chapter, including a THC-infused beverage, shall be

deemed noncompliant if it is offered for sale in this state, or manufactured, imported, distributed,

possessed, or stored with intent for sale in this state, in violation of any provision of this chapter or

rule promulgated hereunder including, but not limited to, where:

     (1) It consists, in whole or in part, of any unsanitary, putrescible, or decomposed substance;

     (2) It has been produced, prepared, packed, or held under unsanitary conditions whereby it

may have been rendered injurious to health, or whereby it may have been contaminated with filth;

     (3) Its container is composed, in whole or in part, of any poisonous or deleterious substance

that may render the contents injurious to health;

     (4) It contains any food additive, color additive, or excipient that has been found by the

United States Food and Drug Administration to be unsafe for human consumption;

     (5) It contains an amount or percentage of cannabinoids that differs from the amount or

percentage stated on the label by more than the permissible variance;

     (6) It contains an amount of tetrahydrocannabinol (THC) that exceeds the dosage limits

established in § 21-28.13-6;

     (7) It contains mold, residual solvents, pesticides, fertilizers, heavy metals,

microcontaminants, or other contaminants in excess of action limits established by the commission

by rule;

     (8) It has not been tested, labeled, packaged, or traceable in accordance with the

requirements of this chapter; or

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     (9) It was tested by a laboratory that does not satisfy the requirements of this chapter or

any rules promulgated hereunder.

     (b) A product regulated under this chapter shall be deemed noncompliant if its labeling,

packaging, advertising, or presentation is false, misleading, or otherwise violates the requirements

of this chapter or any rule adopted by the commission.

     (c) The commission may infer, based on the totality of the circumstances, that any regulated

product present in this state, other than a product lawfully possessed for personal use, has been

manufactured, imported, distributed, possessed, or stored with intent for sale in this state, including

where:

     (1) A product of the same type and brand has been offered for sale in the state on or after

the effective date of this chapter; or

     (2) The product is in the possession of a person who has sold any regulated product in

violation of this chapter.

     (d) The commission may enforce this section against any manufacturer, wholesaler,

distributor, retailer, on-premise server, or other person subject to this chapter, and may impose

administrative penalties, suspend or revoke endorsements, or registrations, issue cease-and-desist

orders, order recalls, quarantine or embargo products, and refer matters for civil or criminal

prosecution as appropriate. In exercising its enforcement authority under this chapter, the

commission shall prioritize protection of public health and safety, product traceability, and the

removal of noncompliant products from commerce.

     (e) The commission and its authorized agents may enter and inspect, during normal

business hours, any facility, manufacturing premises, warehouse, vehicle, retail premises, on-

premise service premises, or other location used in the manufacture, storage, distribution, sale, or

service of THC-infused beverages, and may seize, embargo, quarantine, or otherwise detain any

product the commission reasonably believes to be noncompliant. The commission shall coordinate

inspection and enforcement activities with the department of business regulation and the

department of health, as appropriate, to avoid unnecessary duplication of effort and to ensure public

safety.

     (f) The commission shall provide notice and an opportunity to be heard prior to the

imposition of any administrative penalty, suspension, or revocation, consistent with chapter 35 of

title 42.

     21-28.13-11. Existing franchise laws.

     (a) Nothing in this chapter shall be construed to repeal, amend, impair, or supersede any

existing beer or wine franchise law including, without limitation, chapter 13 of title 3. This chapter

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is intended to provide additional franchise-related protections and requirements applicable to THC-

infused beverages while leaving in effect and unchanged all otherwise applicable local and state

franchise laws relating to beer or wine franchises in effect on the effective date of this chapter.

     (b) The provisions set forth in §§ 3-13-3 and 3-13-5 shall apply to all sales and distribution

arrangements for THC-infused beverages governed by this chapter including, without limitation,

prior notice of cancellation or termination of an agreement and prohibited supplier conduct, and

such provisions are hereby incorporated by reference as if fully set forth herein.

     21-28.13-12. Exclusive jurisdiction.

     Notwithstanding any agreement to the contrary between or among retailers, wholesalers,

commission licensees, department of business regulation licensees, manufacturers, or any other

person subject to this chapter, any dispute arising out of or relating to this chapter shall be governed

by the laws of the State of Rhode Island, and the state courts in Rhode Island shall have exclusive

jurisdiction over such dispute.

     21-28.13-13. THC-infused beverage enforcement fund.

     (a) There is hereby established within the cannabis control commission a restricted receipt

account to be known as the “THC-infused beverage enforcement fund.”

     (b) The fund shall consist of all monies credited to it pursuant to § 21-28.13-4(h), and any

other monies made available by law.

     (c) The fund shall be administered by the commission and shall be used solely for the

administration and enforcement of this chapter including, without limitation, product testing,

compliance inspection, investigations, enforcement activities, license administration, and consumer

education relating to THC-infused beverages.

     (d) Any unexpended balance in the fund at the close of a fiscal year shall remain in the

fund and shall not revert to the general fund.

     21-28.13-14. Severability.

     If any provision of this chapter, or the application thereof to any person or circumstance,

is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other

provisions or applications of this chapter that can be given effect without the invalid or

unconstitutional provision or application, and to this end the provisions of this chapter are declared

to be severable.

     SECTION 4. This act shall take effect on August 1, 2026.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY -- HEMP GROWTH ACT -- RHODE

ISLAND HEMP THC BEVERAGE ACT

***

     This act would provide a licensed liquor retailer, cannabis retailer, or hemp consumable

retailer that has received an infused-beverage endorsement from the cannabis control commission

the authorization to sell at retail THC-infused beverages in accordance with this chapter.

     This act would take effect on August 1, 2026.

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