A New Ban on Hemp-Derived THC Drinks?
Hemp-derived, low-dose THC beverages have exploded in popularity, and now lawmakers and regulators are scrambling to rein them in. While the market is expected to skyrocket from $239 million in 2023 to over $1 billion in 2025, concerns over safety, youth access, and regulatory loopholes are prompting over 80 proposed bills, with states like California, New York, and Alabama pushing for more limitations or even a full ban on hemp-derived THC drinks.
The challenge stems from 2018’s Farm Bill, which allowed hemp-derived THC drinks (≤0.3% THC by weight) to piggyback on agricultural legalization, sidestepping the stricter cannabis-control frameworks applied to marijuana. This inconsistency has made beverages increasingly available at convenience stores and bars—accessible to minors and “canna-curious” consumers—while eluding traditional dispensary regulations.
Industry insiders and watchdogs worry that overly intoxicating hemp drinks—sometimes containing 50–100 mg total THC—are slipping through the cracks. State Sen. Charles Perry (R-TX) warned lawmakers in March: “We’ve got to get the genie back in the bottle.” At the same time, beverage makers say the drinks offer a non-alcohol alternative for health-conscious consumers who want to relax without the side effects of booze.
From a consumer perspective, this category appeals to new audiences—often older adults and sober-curious individuals—seeking subtle psychoactive effects with low dose THC. As the market expands, insurers are even offering liability coverage to venues serving hemp drinks, treating them nearly like alcohol in public settings. Another concern is about colorful packaging and easy availability risk inadvertently targeting kids, as we have enocountered many new cases of THC poisoning in kids and youth.
Legislative responses are ramping up quickly: more than 80 bills have been introduced across a dozen states—ranging from THC caps and child-proof packaging, to full bans on public sale. California and New York have already enacted restrictions. Congress is also debating federal guidelines to close loopholes that allowed hemp drinks to bypass standard cannabis regulation.
Looking ahead, the hemp beverage market faces a crossroads: will it evolve with stricter compliance—mirroring alcohol or cannabis regulation—or retreat into a fragmented patchwork of local laws? Public health advocates argue for a balanced approach: standard safety testing, potency limits, clear labeling, and age restrictions could preserve consumer choice while safeguarding public health.
Source: The Washington Post
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