By Francis Creighton, Wine & Spirits Wholesalers of America
Today’s trendiest adult beverage isn’t a cocktail or a funky new wine from a new-to-you region. It isn’t a beer—though it may come in a can. It isn’t a distilled spirit—but it can come in a 750ml bottle.
We’re talking about intoxicating beverages containing THC derived from “industrial hemp.”
Hemp? THC? Isn’t that just cannabis?
Yes and no. While they both have the same chemical makeup, “hemp” has a distinct legal classification that “cannabis” does not. As a result, products containing hemp-derived THC exist in a truly confusing legal grey area few could have imagined just a few years ago.
In 2018, Congressed passed a provision within the Farm Bill that federally legalized industrial hemp. What is industrial hemp? It’s the cannabis plant, but with only a small amount of THC—not zero THC, just small, like 0.3 percent by dry weight small.
But what if you could get a lot of industrial hemp and extract the THC? Even a small amount can add up to intoxicating (and profitable) amounts, and, as long as it was produced legally under the Farm Bill, then the extracted THC could be considered legal too.
Enter chemists—who figured out how to extract THC from large volumes of biomass and add it to flavored seltzers and other shelf-stable beverages. Voilà: the intoxicating hemp-derived THC beverage is born.
Thus, a pathway for these intoxicating adult products—and a multibillion-dollar industry—was born, but with no federal oversight and, originally, no status under state law. These products hit the shelves across the country, without any public health or public safety standards to help consumers understand what they are consuming or any safeguards to limit underage access.
The rapid rise of intoxicating hemp-derived beverages, often marketed as alternatives to drinking alcohol or smoking cannabis, has sparked confusion, concern and controversy. And for good reason.
These products are intoxicating. Full stop.
They impair judgment, coordination and motor skills—just like beer, wine, spirits or cannabis. Yet, in many states, they’re being sold next to soda and snacks, branded to appeal to young people, and are without meaningful regulation on age restrictions, ingredient disclosures or labeling requirements.
Allowing these products to be sold without public health safeguards isn’t just irresponsible—it’s dangerous. And the argument that regulation is “prohibition in disguise” is deeply misleading.
Intoxication, regardless of source, can be a problem not just for the individual, but also to those around them. Just like alcohol, hemp-derived intoxicating products need guardrails and safeguards. Continuing to allow these substances to be sold, potentially even to minors, without oversight, creates real risks in our communities.
Robust public health standards aren’t government overreach—they’re common sense.
In the alcohol industry, we have clear standards like alcohol by volume, helping consumers understand what they’re drinking and avoid overconsumption. It makes just as much sense to have science-based standards for THC per serving and per container. This is not new. It’s not controversial. It’s responsible.
This is a promising sector, and many consumers are embracing these products. But without common sense rules, this market risks collapsing under the weight of its own inconsistency. The status quo is unsustainable.
We need a regulatory model that works—and we already have one: the alcohol industry’s time-tested, robust regulatory structure.
For nearly a century, it’s delivered consumer safety, accountability and a competitive national marketplace. It’s a tested, scalable framework that could serve hemp beverages well.
Let’s be clear—“Big Alcohol” isn’t looking to take over hemp. We’re offering decades of experience, hard-earned knowledge, and a system that works. For nearly a century, America’s wine and spirits wholesalers have responsibly distributed intoxicating products under one of the most effective regulatory frameworks in American commerce.
We think the alcohol model makes sense, but if there’s a better one, let’s have that conversation. I think we can all agree that at a minimum, we need a regulatory system that includes age-gating, consistency testing, labeling requirements, permitting, taxation and other public health and safety standards.
The 21st Amendment gave states clear authority to regulate intoxicating products within their borders—and for good reason. States are best positioned to assess local needs, enforce public health rules and ensure compliance.
The hemp sector’s biggest threat isn’t from alcohol or cannabis—it’s from within. A smart regulatory framework is not a barrier, it’s a bridge to legitimacy, investment and growth.
Let’s build that future together.