Alcohol Industry Groups Push Congress To Ban Intoxicating Hemp Products—At Least Until Federal Regulations Are Enacted

A coalition of major alcohol industry associations is throwing its weight behind a push to get Congress to ban intoxicating hemp products—at least on a temporary basis before the federal government creates a “robust regulatory framework” for the marketplace.

As lawmakers work to finalize appropriations legislation, they’ve felt pressure on both sides of the hemp debate, with some interests endorsing controversial proposals to outright prohibit intoxicating cannabinoids and others that have called for a comprehensive regulatory approach that could prevent significant economic fallout for the hemp industry.

A new letter from the American Distilled Spirits Alliance (ADSA), Beer Institute (BI), Distilled Spirits Council of the U.S. (DISCUS), Wine America and Wine Institute seems to promote a middle-ground solution—but one the begins with a ban on hemp THC products as championed by Sen. Mitch McConnell (R-KY) and Rep. Andy Harris (R-MD).

The letter, sent to congressional leaders on Tuesday, states that the alcohol associations are aligned with a group of 39 state and territory attorneys general who recently urged federal legislators to enact a ban on the hemp items.

“Our respective organizations produce virtually all the beer, distilled spirits, and wine available in every state and congressional district across the country, representing some of the world’s most valuable consumer brands,” the letter says.

“Unfortunately, the ambiguous language contained in the 2018 Farm Bill has been manipulated and exploited by certain actors, fueling the rapid growth of a largely unregulated market that is knowingly and willfully ignoring the [Food and Drug Administration, or FDA] position that the addition of intoxicating cannabinoids (like delta-8 THC and delta-9 THC) to food is illegal,” it says.

“The rhetoric surrounding this issue is unfortunate,” the coalition said, adding that “certain entities, including some within the beverage alcohol space, claim that any effort to rein in the sale of highly intoxicating hemp THC products is tantamount to ‘prohibition’ or a ‘ban’ that will adversely impact industrial hemp farmers or even products that contain non-intoxicating cannabidiol (CBD).”

Wine & Spirits Wholesalers of America (WSWA), a key player in the space, is among those alcohol interests that have pushed back against the proposed prohibition. WSWA also added a company that makes THC-infused drinks to its membership roster for the first time in September.

Keep reading

Psychedelic beer may have helped pre-Inca empire in Peru schmooze elite outsiders and consolidate power

The growth of a pre-Inca civilization known as the Wari may have been aided by psychedelic-laced beer, researchers propose in a new study.

The Wari flourished from roughly A.D. 600 to 1000 and are known for their mummified burials, human sacrifices, and elaborate objects created out of gold, silver and bronze. They also built cities such as Huari and Pikillaqta, which contained temples and dwellings for elite inhabitants, and controlled much of Peru as well as parts of Argentina and Chile.

In the new study, published Monday (Oct. 6) in the journal La Revista de Arqueología Americana (The Journal of American Archaeology), the researchers suggest that Wari rulers used psychedelics mixed in beer to help grow their empire. They explain that the “afterglow” — the long-term effect of drinking the mix — would have lasted weeks and that communal feasts where it was drunk would have brought people together. While the body may excrete psychedelics quickly, the aftereffects can last for days or weeks.

The study authors noted that the remains of seeds from a plant named Anadenanthera colubrina (also known as vilca) have been found at Wari sites, including near the remains of beer made from a plant called Schinus molle. Mixing the vilca, which is known to produce a psychedelic effect, with the beer would have “lessened but extended the high,” Justin Jennings, a curator of South American Archaeology at the Royal Ontario Museum and co-author of the paper, told Live Science in an email.

In the paper, the authors noted that scientific studies of similarly acting psychedelics found that people who took them tended to display “greater openness and empathy.”

These traits “would have been highly desirable for a Wari political system that depended on friendly, routine face-to-face interactions between people who had once been strangers or even enemies,” the researchers wrote in their paper.

Keep reading

Tennessee Alcohol Wholesalers Are Grabbing Control of the State’s Hemp Market

Few things are more difficult to eradicate in our system of modern governance than a government-sanctioned monopoly or oligopoly. A recently passed bill in Tennessee, which will allow the state’s alcohol wholesalers to take over hemp distribution in the state, shows that these monopolies are not only difficult to eliminate but also often attempt to expand their reach.    

The new law sets up a distribution system for hemp—which was legalized at the federal level in the 2018 Farm Bill—that mirrors the notorious three-tier system for alcohol distribution, which requires producers, wholesalers, and retailers to be legally separate entities. The three-tier system restricts producers and suppliers from selling directly to their customers and mandates that they work through a wholesaler to reach the market. This allows wholesalers to operate as functional monopolies or oligopolies in certain parts of states where only one or two wholesalers operate.

The law, which takes effect on January 1, 2026, also requires all wholesalers and retailers of hemp products to maintain a physical presence within the state. Out-of-state hemp suppliers will be prohibited from engaging in direct-to-consumer shipping to customers in Tennessee, and instead will be forced to work through the state’s wholesaler and retailer tiers. While in-state Tennessee hemp suppliers cannot ship their products to Tennesseans either, they are able to sell on-site directly to their customers, providing a workaround to avoid the three-tier system.

Cornbread Hemp, a Kentucky hemp supplier that recorded $1 million in Tennessee-based sales last year, is challenging the new law in federal court. Cornbread Hemp argues that Tennessee’s law unconstitutionally discriminates against out-of-state competitors in favor of in-state businesses, which is a violation of the Constitution’s Dormant Commerce Clause.

Supreme Court observers will recognize how closely the case mirrors Tennessee Wine and Spirits Retailers Association v. Thomas (2019). In the case, the majority struck down Tennessee’s requirement that applicants for alcohol wholesaling or retailing licenses must have resided in the state for over two years, finding it to be unconstitutional discrimination against out-of-state economic interests.

Keep reading

GOP Senator Who Opposes Marijuana Legalization Complains About Federal Alcohol Guidelines Recommending Americans Drink Less

A GOP senator is complaining about pending revisions to federal guidelines that could recommend Americans drink less alcohol, even as he maintains his strong opposition to legalizing marijuana.

As the Substance Abuse and Mental Health Services Administration (SAMHSA) works to finalize updated dietary guidance for Americans, which will be partly informed by a study that some expect will recommend further reducing alcohol intake, Sen. Tom Cotton (R-AR) is standing strong in defense of alcohol’s legal status.

“Wasting taxpayer dollars on studies to ban alcohol is exactly why [former President Joe Biden] and his cronies were voted out of the White House,” he told The Washington Reporter.

To be clear, the study that’s being carried out by SAMHSA’s Interagency Coordinating Committee on the Prevention of Underage Drinking (ICCPUD) isn’t intended to impose a “ban” on alcohol. Rather, it’s meant to provide updated data on the potential risks of alcohol use, with findings that could be incorporated into the 2025 Dietary Guidelines for Americans, which is not legally binding for consumers.

But Cotton’s comment reflects a policy disconnect that has long frustrated cannabis reform advocates who’ve long argued that, if alcohol is legal and regulated, it’s nonsensical to continue prohibiting marijuana, which many studies show is comparably safer and therapeutically beneficial for many patients.

If pursuing a ban on alcohol is a waste of taxpayer dollar, as the senator suggested, it’s notable he doesn’t feel similarly about the millions of dollars that continue to be spent arresting, prosecuting and incarcerating people over cannabis. But instead, Cotton has long maintained opposition to legalizing marijuana, including through an initiative to end cannabis prohibition that appeared on Arkansas’s 2022 ballot.

While he said in 2018 that he respected the will of voters in his state to legalize medical cannabis, he didn’t think the federal government should as much as decriminalize it. And in 2023, he sharply criticized then-Senate Majority Leader Chuck Schumer (D-NY) for proposing criminal justice provisions he wanted to add to a bipartisan marijuana banking bill, claiming Schumer was supporting “letting drug traffickers out of prison.”

In any case, Cotton isn’t the first senator to take a conflicting position on alcohol and marijuana as it concerns the SAMHSA study. Sen. Ted Cruz (R-TX), another staunch cannabis prohibition, made headlines in 2023 said that federal officials “can kiss my ass” if they decide to reduce the recommended maximum consumption of alcohol to two drinks per week.

“What is it with liberals and wanting to control every damn aspect of your life?” he said during an interview with Newsmax.

Keep reading

Marijuana And Alcohol Businesses Should Join The Hemp Industry In The Fight For Regulation Instead Of Prohibition

In recent months, leading organizations and companies in the alcohol and marijuana space have jumped into the hemp sector, offering their support for clear federal legalization and robust oversight of hemp products.

The U.S. Hemp Roundtable, the hemp industry’s national advocacy organization, welcomes them—but asks them to join us in a framework that rejects prohibition, embraces regulation, prevents access by minors and protects retail and e-commerce for all elements of the diverse hemp industry.

Since the 2018 Farm Bill federally legalized hemp, it’s been a rollercoaster ride. After a brief gold rush, the Food and Drug Administration’s (FDA) refusal to regulate CBD led to a crash in prices and widespread disruption. But with a hemp industry as resilient as its stalk, innovators pioneered direct-to-consumer (DTC) sales and developed a new market for adult health and wellness products–including a hemp beverage boom which now meets growing demand for non-alcoholic options.

Today, the hemp extract market has surged to $28.4 billion, creating 328,000 agriculture and retail jobs, with a $13.2 billion employment impact and $1.5 billion generated in state tax revenues. Its popularity is not surprising—hemp products are made in the USA, harvested from crops grown by American farmers, manufactured by innovative U.S. entrepreneurs and sold by small businesses dotting the nation.

Competing interests have taken note of hemp’s success. A few marijuana multi-state operators (MSOs) have led efforts at the state and federal level to ban hemp products, and/or seek monopoly control over distribution. But the majority of marijuana advocates support regulation, not prohibition. In fact, many cannabis companies have found new life via hemp. We’re excited to join an emerging new effort to bring the entire cannabis family together in a united policy-making venture.

More recently, the alcohol industry is weighing in as hemp beverages have gained space on shelves previously reserved for liquor. Leading organizations such as the Wine & Spirits Wholesalers of America and the American Beverage Licensees have called for Congress and state legislators to explicitly legalize and regulate hemp beverages, which in 2024 boasted $380 million in revenues.

But warning clouds loom. In some states, efforts to regulate beverages include bans on other types of hemp products, such as edibles or CBD tinctures fully 85 percent of the hemp product marketplace). In others, there is a rush to ban DTC sales—a lifeline to hundreds of thousands of adult consumers.

Texas has emerged as a key battleground. In response to Lt. Gov. Dan Patrick’s (R) crusade to criminalize all hemp products, HB 28 was introduced as a hemp beverage carveout. Unfortunately, that bill would ban nearly all non-beverage hemp products, criminalize DTC and dramatically reduce the number of retailers who can sell these products.

Keep reading

Using Marijuana Reduces Alcohol Cravings In People Who Drink A Lot, Federally Funded Study Shows

New federally funded research into the effects of cannabis on alcohol use finds that people who used marijuana immediately before drinking subsequently consumed fewer alcoholic beverages and reported lower cravings for alcohol.

“We found that across the entire sample, self-administering cannabis before alcohol significantly reduced alcohol consumption compared to when alcohol was offered without cannabis,” authors wrote in a study preprint published late last month on the open-access website PsyArXiv.

“Furthermore,” they continued, “we found that cannabis and alcohol co-administration was associated with significant acute reduction in alcohol craving compared to alcohol administration alone.”

The study, funded by the National Institutes of Health’s National Institute of Alcohol Abuse and Alcoholism, provides further evidence of a substitution effect, in which users report replacing some or all of their alcohol use with cannabis.

An eight-person research team from Colorado State University and the University of Colorado looked at the behavior of 62 adults who used both marijuana and alcohol and who engaged in heavy drinking for at least three months.

Each person participated in two separate sessions in which they could drink up to five alcoholic beverages—an initial priming drink, followed by up to four more optional drinks offered at 15-minute intervals.

In one of the two sessions, participants were first directed to consume marijuana in a manner of their choosing and at their typical dose, which was weighed and recorded.

When subjects used alcohol alone, they drank on average two self-administered beverages. With cannabis added to the mix, the average number of self-administered drinks was 1.5—roughly 25 percent lower.

And while not every participant drank less after using marijuana, those who did “reported reductions in alcohol craving at several timepoints after consuming cannabis and alcohol compared to alcohol alone,” the report says.

Alcohol cravings among those who drank more or the same after consuming cannabis either stayed level or increased, it notes.

The study concludes that “for some individuals who drink heavily, cannabis may serve as a substitute for alcohol, and craving reduction may be the mechanism through which this occurs.”

Keep reading

Alcohol Retailers Say Only They Should Be Able To Legally Sell Marijuana Products

A new policy memo from an American alcohol retail industry group argues that marijuana should be regulated more like booze—including by requiring that intoxicating cannabis products be sold only by businesses licensed to sell alcohol.

“States should restrict the sale of intoxicating THC products to businesses licensed to sell beverage alcohol and that are regularly inspected for compliance with laws aimed at preventing sales to individuals under 21,” says the memo, published this month by the American Beverage Licensees (ABL) trade association.

The group contends that alcohol retailers, “with many decades of proven compliance, are best positioned to sell these products.”

Regulators should also treat cannabis similar to alcohol, the two-page policy memo says, such as by establishing licensing requirements, clear labeling standards and restrictions on advertising. “It may also include limits on potency per serving,” the alcohol trade group asserted.

THC products should also be lab tested for safety, purity and potency, the paper says. “Testing should verify the absence of harmful contaminants including but not limited to heavy metals, pesticides, mold and residual solvents, and confirm THC potency to prevent unintentional harmful effects.”

ABL, which represents on-premise sellers of beer, wine and spirits such as bars, taverns, restaurants and casinos, as well as off-premise retailers like package stores, is further calling for a “fair and transparent” tax structure for THC products, with production and retail tax rates “similar to those for beverage alcohol in the state.”

To ensure a working system, the memo also urges enforcement of laws and regulations. “This includes penalties for selling to underage individuals, failure to comply with testing and labeling requirements, and operating without a license,” the document says.

It also advises that states “should work with financial institutions, insurance providers, and regulatory authorities” to ensure that marijuana retailers have access to insurance and financial services.

Keep reading

Be Skeptical of ‘Beneficially Coercive’ New Rules for Booze

A new warning from Surgeon General Vivek Murthy that links alcohol to cancer ought to raise questions about the purpose of such public health edicts—especially in the wake of the COVID-19 pandemic, which saw a dramatic decline in Americans’ willingness to trust such expertise.

Is the goal of public health to provide scientifically accurate information so Americans can understand the risks and trade-offs that are an inevitable part of life?

Or is the goal to change public behavior to eliminate risk, and to force that change if people are unwilling to go along?

Writing in The New York Times, physician Rachael Bedard argues for the latter. She likens Murthy’s new warning about alcohol to vaccine mandates: A “beneficially coercive” policy that “can evolve over time as people get used to new expectations and restrictions.”

“The way that public health most effectively helps people change their habits is by changing the incentives, pressures, and opportunities in the culture around them,” she writes—as if human beings were wild animals that the state is charged with domesticating, rather than rational actors with free will.

But Bedard is merely stating the quiet part out loud—even as she admits that “a majority of Americans might not be in the mood for the surgeon general’s advice.” Indeed, she also acknowledges that the surgeon general’s report isn’t meant to convince ordinary Americans to change their behavior—like her husband, who apparently rolled his eyes when told about the advisory. Rather, these “recommendations, like the one to change alcohol labeling to highlight cancer risk, are policy ideas.”

In other words, they’re not meant to convince you to do anything differently. They are meant to convince policymakers, who will then make the decision for you.

It’s a safe bet that Americans are in no mood to be scolded by public health officials these days, when the noble liesshifting science, and officially authorized misinformation from the pandemic is still fresh in mind.

That would be true even if Murthy’s edict was based on sound science.

It’s not. Murthy’s report claims that drinking beer, wine, and liquor is “a leading preventable cause of cancer in the United States” and that “evidence shows that this risk may start to increase around one or fewer drinks per day.”

The evidence actually tells a far more complex story. Of the more than 740,000 cases of cancer worldwide in 2020 that Murthy says could have been prevented by abstaining from alcohol, more than 75 percent were attributable to people who had more than two drinks per day. 

Keep reading

Beer Lobby Wants Restrictions and Higher Taxes on Intoxicating Hemp Products

A trade group representing the American brewing industry released proposals on how Congress should regulate its competitors. Unsurprisingly, they recommend a heavy hand.

The Beer Institute is a trade organization that “represents the beer industry before Congress, state legislatures and public forums across the country…as the recognized and authoritative source of information on aspects of the industry.” Last week, it released a list of “guiding principles” calling for restrictions on intoxicating CBD products.

“The Beer Institute supports efforts underway by lawmakers to close an unintended federal loophole that is enabling the proliferation of unregulated intoxicating hemp products across the country, including those containing synthetically derived THC,” the statement said. “Intoxicating hemp and cannabis products are fundamentally different than beer and the taxation of them by government entities should reflect these stark differences just as governments at all levels in the United States have consistently reaffirmed the different tax treatment between beer, wine and hard liquor.”

While marijuana remains illegal at the federal level, Congress inserted a provision into the 2018 farm bill legalizing hemp by defining it as part of the cannabis plant containing “not more than 0.3 percent” delta-9 THC, the psychoactive ingredient in marijuana. Soon thereafter, chemists began to manufacture intoxicating products with CBD derived from hemp that contained delta-8, a milder form of THC not mentioned in the farm bill.

The industry for intoxicating hemp-derived products exploded, and state laws have struggled to catch up. “State regulations governing hemp products vary widely and are unevenly enforced, creating a patchwork of rules that can change dramatically from one state to the next,” according to a policy brief by Geoffrey Lawrence and Michelle Minton of the Reason Foundation, the nonprofit that publishes this magazine. There are currently no federal laws that specifically address these products, including their legality—they are simply assumed to be legal based on the phrasing of the farm bill, and Congress has struggled to pass an updated version for more than a year.

In its guidelines, the Beer Institute takes no position on marijuana’s legality, merely allowing that “the legalization of consumable cannabis products is for American voters, state legislatures and Congress to decide.” But if and when Congress does get around to addressing intoxicating hemp products, the group recommends it pull no punches.

“If legalized, the Beer Institute supports the establishment of a federal excise tax rate on intoxicating hemp and cannabis, with the tax rate set higher than the highest rate for any beverage alcohol product,” the guidelines stipulate. “Regulators at the federal, state, and local levels should prohibit co-location of the sale of alcohol beverages in the same retail venues as intoxicating hemp and cannabis products, if legalized, and further, to avoid consumer confusion, intoxicating hemp and cannabis products, if legalized, should only be sold in dispensaries.”

Keep reading

Beer Industry Trade Group Applauds California Governor’s Crackdown On Hemp Products With THC

A major alcohol trade association is applauding California Gov. Gavin Newsom’s (D) newly proposed emergency regulations to outlaw intoxicating hemp-derived cannabinoids and require all CBD products be completely free of THC.

The head of the Beer Association, which represents American brewers, importers and industry suppliers, touted its “longstanding commitment to responsible drinking” in comments issued Monday morning and said Newsom’s proposal will close “an unintended loophole” created with the passage of the 2018 Farm Bill, which legalized hemp federally.

“The Beer Institute thanks Governor Newsom for his leadership in closing an unintended loophole that has enabled the proliferation of unregulated intoxicating hemp products,” Brian Crawford, the group’s president and CEO, said in a statement. “Intoxicating hemp products are being sold as food and beverages, despite not being deemed safe for the U.S. food supply by federal regulators, and in some cases without age restrictions.”

“The beer industry is proud of our longstanding commitment to responsible drinking,” added Crawford, “and to operating in full compliance with a multitude of state and federal regulations.”

The Beer Institute said in an email that its position “aligns with a bipartisan coalition of 21 state attorneys general” who wrote a letter in March urging Congress to amend federal law so that intoxicating cannabinoids are not included in the federal definition of hemp.

More broadly, the Beer Institute has kept its distance from marijuana. It says on a policy page that while members “strongly believe voters should determine whether their state should legalize the sale of marijuana,” the group itself remains neutral on legalization. It further argues that it’s “misleading to compare marijuana to beer.”

“Beer is distinctly different, both as a product and as an industry,” the trade association contends. “Americans welcome beer at nearly every occasion because beer’s moderate alcohol content means it can be enjoyed sensibly. Brewers and beer importers are committed to responsible consumption, advertising, community service and working with law enforcement to promote public safety.”

Keep reading