As you may be aware, the 2018 Farm Bill which fostered the launch of the THC drink market and has spawned dozens of new businesses employing thousands of people is on the precipice of being radically overhauled or completely eliminated.
Here’s an overview of the current legislative framework for THC beverages—both federally and across states—along with possible changes in the upcoming Farm Bill.
Federal Level
- 2018 Farm Bill legalized hemp (≤ 0.3 % Δ9‑THC by dry weight), enabling hemp-derived THC in beverages. Still, the FDA says adding THC/CBD to foods/drinks is technically illegal under the FD&C Act—though enforcement has been minimal daily.sevenfifty.com+15vicentellp.com+15karouser.com+15beverage-digest.com+3karouser.com+3alcohollawadvisor.com+3.
- A one-year extension keeps the 2018 provisions alive through Sept 30, 2025 vicentellp.com.
- 2025 Farm Bill drafts debate two competing paths:
- Ban all hemp-derived THC by redefining “hemp” to exclude intoxicating cannabinoids—effectively classifying them as marijuana.
- Allow exceptions (e.g. hemp beverages) with state-level regulation, while tightening total-THC limits (including delta-8/10/THCA) beverage-digest.com+14vicentellp.com+14sfgate.com+14.
State by State Overview (as of June 2025)
Fully Permissive (explicitly allow hemp‑derived THC drinks)
- Minnesota – Regulated, with labeling, testing, age limit; exploring higher serving limits (up to 10 mg per serving) vicentellp.com.
- Kentucky – Brought under ABC (alcohol) oversight: 3-tier system, permits grocery/liquor sales, taxes apply vicentellp.com+1holonlaw.com+1.
- Tennessee, Alabama, Hawaii – Permit regulated sales via alcoholic-beverage channels vicentellp.com+1theguardian.com+1.
Mixed / Partial Regulation
- Connecticut, New York – Enforce a strict 1 mg THC-per-serving cap, making most THC drinks nonviable fda.gov+15vicentellp.com+15statecapitallobbyist.com+15.
- Florida – SB 438 would require distribution via alcohol wholesalers, prohibit mail-order, set pot caps under Florida Beverage licensing wusf.org.
- Rhode Island – Split proposals: one to permit beer‑store and bar sales, the other to ban them outright karouser.com+8holonlaw.com+8en.wikipedia.org+8.
- Maine – Scrambling to rein in virtually unregulated hemp drinks; oversight gaps are a concern theguardian.com+15pressherald.com+15pluribusnews.com+15.
Bans or Heavy Restrictions
- California – Emergency ban (now moving to permanent) on all hemp-derived THC products, including drinks; public comment underway theguardian.com+9sfgate.com+9vicentellp.com+9.
- Texas – SB 3 passed; Governor Abbott deciding by June 22 whether to ban hemp THC products—including drinks—effective Sep 1 expressnews.com+4houstonchronicle.com+4houstonchronicle.com+4.
- Georgia – Ban on hemp beverages and synthetic cannabinoids (delta‑8/10) vicentellp.com+2mjbizdaily.com+2chron.com+2.
- Alabama, Washington State – Moving hemp beverage oversight under alcohol regulators, with new permitting and tax regimes holonlaw.com.
- Arizona – Sued to block AG deterrent removal of intoxicating hemp drinks from shelves pluribusnews.com.
Federal vs State Tension
- FDA vs States: Though federal law limits THC in “hemp,” the FDA doesn’t allow cannabinoids in beverages—yet states alone set practical rules, resulting in a patchwork.
- Alcohol regulators: Many states are integrating hemp THC drinks into beverage systems (ABC models), shifting oversight, licensing, and tax treatment nypost.com+15holonlaw.com+15karouser.com+15.
Looming Changes: The 2025 Farm Bill
- Two big paths: A federal ban on hemp‑THC products vs selective carve‑outs for beverages.
- Total THC redefinition: Could change interpretation of existing products (e.g., delta‑8, delta‑10, THCA).
- Timeline: Drafts expected this year; any final version will directly shape market/regulatory stability vicentellp.com.
The next few months are going to be incredibly important for the industry. Stay tuned as we’ll keep you updated.