Hemp Law Threatens THC Drinks Boom

It's Friday afternoon at Total Wine and More in Arlington, Va., and the shelves are sparkling with shiny bottles and cans. They include an option that would have been unthinkable just a few years ago: drinks containing THC instead of alcohol, in more than 30 flavors and varieties.

With names like Mountain High, Buzzin' Breeze and Citrus Bliss, most of the drinks have only low doses of THC, the psychoactive ingredient in cannabis. Because their THC is derived from hemp, the drinks are legal — for now (see below). Priced at $5 to $7 a can, some are fruit-flavored seltzers while others mimic cocktails.

"This one is the Mary Jane Mule," says Nathan Wilkinson, as he puts a can in his shopping basket. "So that's kind of clever, but it's a Moscow mule. It tastes like ginger beer, you can have it with a little bit of lime and put it on ice."

Wilkinson, who's in his late 40s, says he's been increasingly mindful about his alcohol intake. A few weeks ago, he decided to try a THC drink, as a non-alcoholic option that also promises a bit of relaxation. Today, he's buying a few beers along with THC drinks.

"I have never used weed, so this is sort of a nice entry point for me," Wilkinson says. "I wouldn't have normally tried this, but because of the way it's being marketed, I'm up for it."

The transaction is unremarkable except for a key detail: Virginia law forbids the sale of cannabis products. But selling THC drinks is legal in dozens of states if the active ingredient comes from hemp, as defined by the Farm Bill of 2018, creating legal cover that spawned a new market.

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