The Explosion of CBD and THC Drinks

While some consumer confusion is to be expected, hemp-derived beverages infused with CBD and THC are here to stay.

Drinking habits continue to evolve, and aside from the rise of non-alcoholic beverage options, another clear data point in the movement is the proliferation of hemp-derived beverages infused with THC, CBD, or in many cases, both. Since cannabis use remains either illegal or restricted in a majority of states, a little background is necessary.

As of this writing, cannabis is legal for recreational (i.e. not just medicinal) use in 24 of the 50 states. In those states it is legal to distribute cannabis products, typically done through state-regulated dispensaries. In these states, a higher concentration of the substance is readily available under the guidelines, albeit in a highly-regulated marketplace where only a certain number of dispensary licenses are granted, and safety-focused lab testing and quality assurance procedures are typically involved. 

In contrast, due to a provision in the 2018 Farm Bill passed by the 115th Congress, hemp-derived products are federally legal across the country. Hemp, a variety of the Cannabis sativa plant, contains a rich array of compounds that include cannabinoids, terpenes, and fibers. THC is the psychoactive compound associated with cannabis, while CBD is a non-psychoactive cannabinoid that has garnered attention for its potential therapeutic applications. With their different properties and effects, THC and CBD have become a common one-two punch for beverage makers catering to those who want to feel a little bit of the “high” that THC provides, but also find relaxation from CBD. Phrases like “microdose” are prevalent on beverage product labels, with amounts commonly ranging from 3mg to 15mg of each per serving.

One of the key distinctions between hemp and cannabis lies in the concentration of THC. Hemp is defined as containing 0.3% or less THC by volume, while cannabis typically exceeds this proportion. This lower threshold of THC is what allows beverages to be sold legally across the country under the Farm Bill provision. While the majority of these beverages take the form of seltzers, flavored sparkling waters and the like, a few producers have also made THC beers (non-alcoholic), with the malty beverage infused with THC and/or CBD. Breweries have also been quick to get in on the opportunity. Atlanta-based Scofflaw Brewing recently launched a line of THC/CBD infused beverages, alongside an announcement that they can also handle contract production for others wishing to enter the hemp-derived beverage space.

So what does all of this mean? It's important to approach hemp-derived beverages responsibly, starting with a low dosage and gradually increasing as desired. Consumers should also be mindful of potential interactions with medications, and avoid consuming hemp-derived THC and CBD beverages while driving or operating heavy machinery. Given the largely unregulated nature of the hemp-derived beverage market, it would also be wise to research brands prior to consuming, to maintain a comfort level with handling practices, testing and dosage. And of course, as with alcohol, consumption should only be for those 21 and older.

Many experts feel that it’s a matter of when, not if, cannabis will be legal at the federal level, and consumers should educate themselves to understand the nuances of these new beverages showing up on retailer shelves.