California comments
April 18, 2025
CDPH Food & Drug Branch
MS 7602, P.O. Box 997435
Sacramento, CA 95899
VIA EMAIL: FDBComments@cdph.ca.gov
SUBJECT: Industrial Hemp Regulations
The Hemp Beverage Alliance includes more than 290 hemp brands, service providers, and ingredient manufacturers in the hemp beverage industry throughout the United States and Canada. Together, we are dedicated to creating a marketplace that is transparent, sustainable, and provides consumers with the highest quality hemp-infused drinks.
On behalf of our organization and its members, the Alliance respectfully submits the following recommendations regarding serving size and age-gating for hemp beverages containing THC.
CDPH QUESTION #1
What issues or concerns should the Department be aware of in establishing regulations for serving size?
Hemp beverages that contain THC serving sizes should be safe, effective, and provide value to the consumer. The Hemp Beverage Alliance recommends the following serving sizes for ready-to-drink, large format, small format and kegs.
READY TO DRINK (RTD)
Serving: Total delta-9-THC cap of 10 milligrams per container.
Size: Container should be a minimum of 150 milliliters
SPIRIT ANALOG / LARGE FORMAT
Serving: No more than 5 milligrams of total delta-9-THC per serving
Servings per container: Maximum of 1 serving per 47 milliliters of liquid
Size: Containers must be 375 milliliter or greater in volume
375 ml = 8 servings = 40 mg total delta-9-THC
750 ml = 16 servings = 80 mg total delta-9-THC
SPIRIT ANALOG - SMALL FORMAT/MINIATURE
Serving: No more than 5 milligrams of total delta-9-THC per serving
Servings per container: Maximum of 1 serving per container
Size: Containers must be no less than 50 milliliters and no more than 120 milliliters
KEG
Serving: Uniform milligram levels of total delta-9-THC per serving
Servings per container: n/a
Size: servings should be at least 300 milliliters
CDPH QUESTION #2
What other issues or concerns should the Department be aware of in establishing regulations for an age requirement?
The sale of cannabinoid-infused beverages that contain THC should be restricted to adults aged 21 years or older.
SUPPLIERS
Labels should clearly indicate through text and symbol that the product is for use only by adults aged 21 years or older.
Packages should be tamper-evident and consistent with current alcohol containers
RETAIL SALES
Hemp beverages should be sold only to adults aged 21 years or older, with age-verification required prior to sales.
Retailers should be licensed to ensure compliance in selling only to adults aged 21 years or older.
Retailers should be trained to understand the importance of age-gating hemp beverages. Training should include but not be limited to carding/age identification; safe storage of product to prevent theft; safe marketing/shelving/display of product
DISTRIBUTION
Wholesale distribution and sales of hemp beverages should be limited to businesses that are appropriately licensed.
Distributors should be licensed to ensure hemp beverages are only distributed to properly licensed retailers that comply with 21+ retail sale requirements.
Distributors should reject suppliers that do not adhere to label requirements regarding age gating, COAs, warnings, and other regulatory requirements.
MARKETING
Suppliers and retailers must not target, or otherwise promote hemp beverages to, people below the legal drinking age (LDA). Such restrictions should apply to all methods of marketing and advertising, including social media.
Marketing restrictions should reflect current restrictions for the alcohol industry.
Product labeling should not include designs, names, or features designed to appeal to children.
Product labels and marketing should not be designed to create consumer confusion or infringe on third-party copyright or intellectual property of existing products.
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Hemp Beverage Alliance announces 2025/2026 advisory board.
(DENVER) – The Hemp Beverage Alliance, the trade association of the hemp beverage industry with more than 280 members in the U.S., Canada and the United Kingdom, today announced the formation of its 2025/2026 Advisory Board.
Board members include leaders in insurance, banking, payment processing, marketing, distribution, and ingredient manufacturing.
Justin Ashby, CAO, Southern Crown Partners
Peter Berg, CDO, Frontier Risk
Alexander Choi, CEO, Perfectly Dosed
Josh Dickinson, EVP, EVG Extracts
Kyle Marinkovich, CEO, Northern Diversified Solutions
Henry Mashburn, CSO, Alternative Horizons Group
Eric Meth, CINO, Surfside.io
Ross Sloan, SVP, Dart Bank
Aaron Tomarchio, Director of Corporate Affairs, Redwood Beverage
"The Hemp Beverage Alliance is building a foundation of quality, safety, education, regulatory alignment and collaboration that will allow this industry to thrive in coming years," said Peter Berg, advisory board chairman. "Frontier Risk looks forward to working with stakeholders from every sector to continue elevating the hemp beverage category into the mainstream."
Hemp beverages are seltzers, sodas, mocktails, coffees, teas, and other drinks that contain an infusion of hemp-derived cannabinoids. Since hemp was legalized in the 2018 Farm Bill, states like Minnesota, Kentucky, Georgia, Tennessee and others have developed regulatory frameworks to create a safe and thriving industry. The Hemp Beverage Alliance expects more states to develop similar frameworks in 2025.
“Dart Bank has followed the growth of the hemp beverage industry since its start, and we are pleased to serve businesses in the space,” said Ross Sloan. “The HBA continues to do a remarkable job of bringing industry leaders together for common good. We are proud to support and work with them to help the industry grow.”
Founded in 2023, the Hemp Beverage Alliance advocates for policies that create a safe, transparent and thriving hemp beverage industry. HBA membership is open to brands as well as supply chain partners.
“The success of the hemp beverage industry depends on every link in the supply chain working together to educate, advocate, and employ best practices in manufacturing,” said Kyle Marinkovich. “We are excited to work with HBA to educate elected officials and the public about how these products are made and the quality measures that are in place.”
The Advisory Board includes distributors who see the value in having hemp beverages on the shelves next to other adult beverages like beer, wine and hard seltzer.
“Southern Crown Partners believes the future of drinking includes hemp beverages,” said Justin Ashby. “We’re honored to be part of this inaugural group of industry leaders.”
The board will work with HBA leadership to advocate for sensible regulatory policies, educate regulators, retailers, consumers and other stakeholders about the category, and raise the profile of the industry and the organization.
“Hemp beverages are creating a growth opportunity for thousands of small businesses in a variety of sectors,” said Henry Mashburn. “With the proper regulations and systems in place, this category could easily become a major force in the national economy.”
In addition to advocating for the category, HBA also provides community, networking, and collaboration opportunities for its members.
“The Hemp Beverage Alliance is the town square for the hemp beverage industry,” said Eric Meth. “It’s an amazing group of people with an amazing spirit of collaboration and support.”
The Hemp Beverage Alliance will host its second annual Expo in Atlanta, July 9-11. Visit https://hempbeverageexpo.com/ for more information.
“The Hemp Beverage Alliance brings together the best people in the industry and really leverages the power of community,” said Alexander Choi. “It’s inspiring to see so many people working together toward a common goal.”
The Advisory Board will also help the Hemp Beverage Alliance expand its presence throughout the supply chain and bring in new partners to build the organization.
“I’m excited to join this committee and help move the hemp beverage industry forward,” said Josh Dickinson. “I’m passionate about supporting safe, high-quality products and building a smart, fair regulatory path that helps the whole industry grow. When we do it right, everyone doing good work benefits—and I’m here to be part of making that happen.”
About the Hemp Beverage Alliance
The mission of the Hemp Beverage Alliance is to create a safe and thriving industry through education, advocacy, best practices and partnership. We achieve this mission by providing consumers, retailers, and distributors with the information they need to better understand the industry; developing best practices to create consistency in labeling and manufacturing; working with elected officials and regulators to encourage common-sense regulation; and collaborating with cannabis and alcohol industries to create a marketplace that benefits everyone. More at hempbeveragealliance.org.
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Hemp Beverage Alliance in Cannabis Regulator
We continue to get great coverage about the Hemp Beverage Expo in July. Thank you Cannabis Regulator for helping us get the word out.
HEMP BEVERAGE ALLIANCE ANNOUNCES 2025 HEMP BEVERAGE EXPO — JULY 9-11 IN ATLANTA
The Hemp Beverage Alliance, the trade association for the hemp beverage industry, today announced plans to host the Hemp Beverage Expo on July 9-11 in Atlanta, Georgia.
The Hemp Beverage Expo will be an executive-level business-to-business trade event and conference designed to build relationships, expand distribution, fuel investment, and deliver critical peer-to-peer learning for leaders in the booming hemp beverage industry.
Registration for the event will open in the coming weeks at www.hempbeverageexpo.com. Hemp Beverage Alliance members will receive a discount off their attendee registration, exhibition fees, and sponsorship opportunities.
“2025 will be a watershed moment for the hemp beverage industry, as more and more states establish regulatory frameworks to create clear guidance on the production, distribution and sale for these products,” said Christopher Lackner, founder and president, Hemp Beverage Alliance. “We’re excited to bring together suppliers, distributors, supply chain partners, investors, regulators and other stakeholders under one roof to educate, collaborate, and build the category together.”
Building on the success of their inaugural conference in Minneapolis in 2024, this year the Hemp Beverage Alliance will work with Jage Media to tap into their extensive experience and reputation for creating world-class events that create successful ROIs for participants.
“By focusing exclusively on the hemp beverage category, we can make the brands the star of the event, allow safe and responsible sampling of product on the exhibit hall floor, and create experiential networking events where only hemp beverages are served,” said George Jage, CEO, Jage Media. “We are grateful for the trust the Hemp Beverage Alliance and its members are putting in us to help the organization and the industry grow.”
For information on Hemp Beverage Alliance membership, contact info@hempbeveragealliance.org.
For Hemp Beverage Expo exhibition or sponsorship information, email connect@hempbeverageexpo.com.
ABOUT THE HEMP BEVERAGE ALLIANCE
The mission of the Hemp Beverage Alliance is to create a safe and thriving industry through education, advocacy, best practices and partnership. We achieve this mission by providing consumers, retailers, and distributors with the information they need to better understand the industry; developing best practices to create consistency in labeling and manufacturing; working with elected officials and regulators to encourage common-sense regulation; and collaborating with cannabis and alcohol industries to create a marketplace that benefits everyone. More at hempbeveragealliance.org.
ABOUT JAGE MEDIA
Jage Media is an independent trade show organizer and business media company focused on developing successful trade events to support and grow nascent industries with a focus on CPG categories. Jage Media’s leadership team has successfully developed, designed, launched, and stewarded the World Tea Expo, Healthy Beverage Expo, MJBizCon, MJ Unpacked, and more.
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Washington Post: Cannabis drinks are becoming more popular. Here’s why.
The Washington Post interviewed several HBA members about our category, including longtime supporter Jon Halper of Top Ten Liquors in Minnesota:
Jon Halper, the owner of Top Ten Liquors, which has 15 stores around the Twin Cities, said hemp-derived cannabis beverages and edibles made up more than 10 percent of the company’s revenue last year, outselling bourbon and vodka.
Parents ages 35 to 55 make up “a disproportionate amount” of customers buying the cannabis beverages at Top Ten Liquors stores, based on demographic data his company collects, Halper said.
“It’s the soccer mom,” Halper said. “It’s not that they’re anti-alcohol. But they like that they can have this, they get a buzz from it, and they don’t wake up the next day with a headache.”
Check out the full article here:
Hemp Beverage Alliance in Green State: “One community”: weed and alcohol align at Denver conference
Green State provided coverage of the critical alignment of the alcohol and hemp beverage industries at the Wine and Spirits Wholesalers of America (WSWA) conference February 3-6 in Denver, Colorado.
At the show, Francis Creighton, president and CEO of WSWA spoke with enthusiasm about the important connection between these industries now and moving forward.
“We believe that this community and our community are going to be one community in the future,” Francis Creighton, president and CEO of WSWA, told the crowd during a hemp beverage meet-and-greet. “We can see how fast things are moving. We believe fundamentally these are products that fit in this world and can really be the future of an industry.”
Check out the full article here.
Cultivated and Herbal Profiles
The announcement of our new board members continues to get coverage. Thank you Herbal Profiles, Marijuana Moment, and Cultivated News for the shoutouts.
Hemp Beverage Alliance in Politico
An article in Politico from January 8 dives into the implications of the Trump administration on intoxicating hemp products. The Hemp Beverage Alliance was quoted in the article, which included an overview of current legislative trends:
Both red and blue states are dealing with the proliferation of intoxicating hemp cannabinoids, a booming market that was created thanks to a loophole in the 2018 farm bill.
Congress has punted the farm bill for another year, meaning that any attempts to address the proliferation of intoxicating hemp will fall on state legislatures.
The biggest legislative battle is expected in Texas, home to one of the largest markets for hemp cannabinoids in the country. Unlike other top hemp-producing states like California and New York, Texas does not have a legal recreational marijuana market, nor does it have a comprehensive medical marijuana program — driving consumers to hemp cannabinoids.
Republican Lt. Gov. Dan Patrick put the industry on notice last month when he launched a legislative effort to ban all forms of consumable THC. Thousands of retailers across the state “sell products, including beverages, that have three to four times the THC content which might be found in marijuana purchased from a drug dealer,” Patrick said in a statement.
Hemp businesses, meanwhile, are vowing to push back — just like they did in Illinois earlier this week. Democratic Gov. JB Pritzker threw his weight behind a bill that would require intoxicating hemp products to be sold through regulated marijuana dispensaries. But opposition from hemp businesses during the lame-duck session successfully prevented the bill from getting a final vote on the House floor.
Similar legislative pushes are expected this year in states like Michigan, Missouri and Ohio. Hemp manufacturers, retailers and even alcohol distributors are banding together to push back against bills aimed at clamping down on intoxicating hemp.
"[They are] coming together to come up with a plan that works for everybody providing appropriate framework and guardrails,” said Christopher Lackner, president of the trade group Hemp Beverage Alliance. (Mona Zhang)
Hemp Beverage Alliance in UNLV Cannabis Policy Institute: THC Beverage Market Review
The UNLV Cannabis Policy Institute recently issued an analysis of hemp beverage trends. The Hemp Beverage Alliance was consulted for the article and provided comments.
Co-written by the Institute and cannabis policy expert Tyler Klimas of Leaf Street Strategies, ”A Review of the Present THC Beverage Market” argues:
“Of the plenitude of hemp-derived cannabinoid products that exist, hemp-derived THC beverages have experienced unparalleled success. These products have shown an unprecedented ability to break into the traditional adult beverage market alongside beer, wine, and seltzers, capturing an entirely new audience curious about THC products in a remarkably short period of time.
“These beverages have created a new class of cannabis consumers, tapping into demographics that have been historically slower to access the traditional marijuana markets through regulated retail channels.
“Growing consumer preference for drinkable THC options is not solely due to its newfound avail ability in traditional beverage stores and retail outlets. There are many arguments for why these products have become so popular. From a growing demand for alternatives to alcohol, to the rise in general acceptance of cannabis and THC products, hemp-derived beverage companies have leveraged new technologies to create higher-quality, taste-conscious products that seem to have captivated the palette of the American consumer.”
Hemp Beverage Alliance announces new board members
The Hemp Beverage Alliance, the trade association for the hemp beverage industry, today announced the addition of four new members to the board of directors:
Nick Costanza, general counsel of Cann Social Tonics
Will Spartin, co-founder and COO of Picco Beverage Group (Triple 333)
Scott Selix, co-founder of Climbing Kites
Shawn Sheehan, co-founder of Wynk
They join Mike Colich (North Canna), Glenn McElfresh (Plift), Adam Terry (Cantrip), Ted Whitney (Cheech & Chong’s Global Holdings), and Pierce Wylie (Rebel Rabbit), who joined the board in 2024.
"Nick, Will, Scott and Shawn are very well known for their dedication to the category and to the Alliance. They will be a tremendous asset to the Board in 2025 and beyond,” said Ted Whitney, chairman of the board.
Founded in 2023, the Hemp Beverage Alliance is the trade association of the hemp beverage industry and represents more than 250 brands, retailers, and distributors in the United States and Canada. Membership is open to any company or individual who supports commonsense regulations that help grow the industry.
The Hemp Beverage Alliance will be at the Wine & Spirits Wholesalers of America’s Access Live trade show February 3-6 in Denver.