Summer is on its way, and pretty soon we’ll be begging for relief from the fiery rays of an angry sun. Luckily, the new trend of THC-infused seltzers that has taken over the imaginations of the nation’s brewers means we’ll be able to cool off and get high at the same time. But hemp-based THC drinks could be on the chopping block if federal lawmakers decide to close a loophole in hemp law that allows them to be produced.
Drinks infused with THC have been around for years in states where the drug is legal. But enterprising companies have found a way to sell intoxicating drinks made with hemp-derived THC in recent years, creating a market that started out small but has bloomed into a full-blown competitor against legal weed operators.
Even in its immature state, the THC drink market is already finding ways to cater to niche consumer bases. Not only are there crisp, bubbly seltzers to tickle buyers’ tastes buds, but there are also infused sports drinks, infused vitamin beverages, infused energy drinks, infused relaxation elixirs and infused ciders.
These drinks are on sale (even in states that still prohibit marijuana) thanks to a loophole in hemp law. When hemp was legalized through the 2018 Farm Bill, it was defined as cannabis with less than 0.3% THC by dry weight. But the law doesn’t ban using hemp to produce intoxicating products, meaning companies are able to extract the minuscule amount of THC they find in hemp and collect it until they have enough to get a person high.
Hemp isn’t a different type or a cousin of marijuana, as is often said. It is marijuana. It’s just marijuana with less than 0.3% THC. That means that hemp-derived THC seltzers deliver the exact same punch as any designated “marijuana-infused” edible.
The loophole has also been used by companies to produce those highly controversial Delta-8 and Delta-10 THC products (which also use hemp-based intoxicants) that have caused an uproar over the last couple of years.
The free ride for these products could be coming to an end, though. Federal lawmakers have finally caught on and U.S. House Agriculture Committee Republicans are pushing for an amendment to the Farm Bill that would close the loophole by specifically banning the production of hemp-derived intoxicants. If that happens, it could be curtains for THC seltzers.
The good news is most legal cannabis dispensaries in New Mexico already offer THC-infused drinks that aren’t reliant on the Farm Bill for their existence.
Weed industry advocacy groups are torn on whether to support closing the loophole or not. On the one hand, the sale of intoxicating hemp products affects the bottom line of cannabis operators in states where marijuana is legal.
In April, the U.S. Cannabis Council sent a letter to lawmakers calling for them to close the loophole and “tackle the national crisis caused by unregulated intoxicating hemp products.”
On the other hand, more than a few big operators like Curaleaf have their fingers in both industries, selling marijuana in legal states while selling hemp-based THC products in prohibitive states. Closing the loophole would mean a loss in revenue for them.