For now, THC-infused drinks are a legal alternative to alcohol, a trendy newcomer to the adult beverage scene across Georgia and much of the United States.
But a bill moving through the Georgia General Assembly would ban these moderately intoxicating beverages, taking them off the shelves of hemp businesses and convenience stores.
The attempt to eliminate the growing THC beverage industry is the latest battle over hemp products in Georgia, pitting fears of the drug’s potential harm against efforts to keep it legal and regulated.
“These are not loaded guns, and they’re not bullet trains destined for disaster,” said Joe Salome, cofounder of The Georgia Hemp Company, a retailer that sells drinks, gummies and tinctures. “Why is alcohol our only option to relax? All legislators want to hear about is the negative propaganda that we’ve been pushed for over 50, 60 years.”
Georgia already regulates hemp products, including beverages, with a law passed last year that limited sales to consumers over 21, mandated product testing and banned smokable products.
Credit: Jason Getz / Jason.Getz@ajc.com
Credit: Jason Getz / Jason.Getz@ajc.com
Besides the proposed ban on THC drinks, another Georgia bill targets gummies that contain delta-8 THC, which has a slightly different chemical structure than delta-9 THC, a compound in marijuana that produces a high. The bill would cap total THC content — including both delta-8 and delta-9 — to the minimal 0.3% THC level allowed under federal law for delta-9 THC.
“For local businesses, it’s threatening to shut them all down,” Salome said. “Any further regulation will pretty much eliminate existing traditional hemp industries.”
THC drinks, delta-8 gummies and CBD products have been legal since Congress passed the 2018 Farm Bill, which allowed hemp products as long as they have less than 0.3% delta-9 THC. Recreational marijuana, which can have THC levels of 20% to 25%, remains illegal under federal and Georgia law.
The drinks are sold in varieties of seltzers and teas that comply with the federal THC limit.
Credit: Arvin Temkar/AJC
Credit: Arvin Temkar/AJC
State Sen. Randy Robertson, a Republican from Cataula and former sheriff’s deputy, successfully sought the THC drink ban on the Senate floor, and it passed 29-27. Senate Bill 254 will soon be considered by the state House.
“I think these beverages and other things containing THC are extremely dangerous,” Robertson said. “Marijuana is going to be a big problem for us for a long time because we’re pushing it so fast without any legitimate research on its impacts.”
Most states allow THC drinks, but in California, Democratic Gov. Gavin Newsom put an emergency ban on intoxicating hemp products last year, saying they lacked safety regulations and were accessible to underage people.
Georgia had 4,100 licensed hemp businesses as of last fall, including retailers, farmers, wholesalers, manufacturers and processors, according to the state Department of Agriculture.
Across the country, hemp beverage sales amounted to roughly $530 million last year, according to Delta Emerald Ventures, a cannabis investing and data company.
“Consumer demand for these products in places where they’re on shelves next to other adult beverages is through the roof. Adults are looking for alternatives to alcohol,” said Christopher Lackner, president of the Colorado-based Hemp Beverage Alliance. “It’s disheartening to hear talk about a ban when this industry is getting ready to take off in a responsible way.”
The Hemp Beverage Alliance plans a business expo in Atlanta in July that’s expected to attract 1,500 people, but the conference could be jeopardized if THC drinks are banned in Georgia.
Credit: Jason Getz / Jason.Getz@ajc.com
Credit: Jason Getz / Jason.Getz@ajc.com
Todd Harris, cofounder of a canned THC drink called Plift that comes in lime, grapefruit and ginger flavors, said that as a recovering alcoholic, he wants to provide options to customers.
“My concern is when it’s called ‘dangerous,’ and it’s just not true,” Harris said. “This bill would be a massive setback that could be catastrophic. We’ve always been all about responsible legislation, responsible requirements for testing and labeling, and we’re still wanting that for Georgia.”
A THC beverage distributor, Meredith Sherman of The Division USA, said she’d support a limit on the amount of THC in beverages rather than a complete ban.
“We want to protect the consumers, but creating a ban on a low-THC substance that’s certainly safer than drinking a lot of alcohol isn’t the answer,” Sherman said.
Republican State Sen. Kay Kirkpatrick of Marietta, an orthopedic hand surgeon who sponsored the bill that would cap delta-8 THC at the same level as delta-9 THC, said she wants all hemp products to comply with the same potency and testing requirements.
“It’s a public safety issue,” Kirkpatrick said of Senate Bill 33. “My intent is just to be sure that the products that are being sold to people in Georgia are tested appropriately and that people know what they’re buying.”
While hemp products are facing more restrictions, lawmakers are considering loosening requirements on medical marijuana, which is allowed for approved patients suffering from ailments such as severe seizures, PTSD and end-stage cancers.
Under SB 220, the maximum amount of delta-9 THC in medical marijuana could increase from 5% to 50%, as well as allow vaping devices for faster relief than the oral THC oils that are currently allowed.
All three Senate bills dealing with THC and hemp products are now pending in the state House, where they could be amended and passed before this year’s legislative session concludes April 4.
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