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Writer's pictureJason Beck

Weed drinks set up turf war between alcohol and cannabis industries

May 18, 2024



THC-infused drinks are popping up more often in the refrigerator section. And yes, they're legal.

Why it matters: A loophole in the 2018 farm bill helped parlay the marijuana drinks market — and government regulators are catching on. Big Alcohol, which has gotten into the market as beer sales plummet, isn't totally pleased.

  • The drinks on sale at cannabis stores, breweries and alcohol retailers are commonly derived from hemp, which typically contains less than 0.3% of high-inducing ingredient THC.

  • THC-infused drinks were "inadvertently legalized" through this bill, per Bloomberg, while marijuana-derived THC products face more strict federal regulation.

  • Alcohol distributors and marijuana companies both want a lucrative stake in the market.

State of play: Internet searches for THC-laced drinks have been at an all-time high in 2024, per Bloomberg.

  • They've become so mainstream that Bon Appétit and Esquire have recommendation lists for a "happy hour high."

  • Major retailer Total Wine offers a selection of THC drinks, often between 2.5mg to 10mg.

Friction point: Some states have started to regulate THC drinks, and the U.S. Cannabis Council called on Congress to more strictly regulate hemp products.

  • "Hemp legalization has created a national consumer market of untested and unregulated intoxicating products," a letter form the council to members of Congress said.

  • Some companies that sell regulated marijuana "feel their market share is unfairly at stake," Bloomberg reported. Meanwhile, alcohol distributors have lobbied to continue being allowed to make these drinks.

Between the lines: THC drinks could provide a "more intense and prolonged" high than smoking or edibles, according to the dispensary Napa Cannabis Collective.

  • The drinks offer precise dosing, not always the case with other forms of cannabis consumption. Their effects can kick in as quickly as five to 10 minutes.

Yes, but: Clinical trials on the effects of THC are limited because of regulations on cannabis.

Catch up quick: The 2018 farm bill authorized the production of hemp and removed it from the Drug Enforcement Administration's controlled substance list.

  • The Biden administration has moved to reclassify marijuana as a less dangerous drug.

  • A proposal submitted to the Federal Register on Thursday launched the process to make it a Schedule III drug, or one with "a moderate to low potential for physical and psychological dependence."

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