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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