Hemp beverages took another hit last Thursday, losing access to most mainstream retail outlets through a decision by state regulators. The Massachusetts Department of Public Health (DPH) and Department of Agricultural Resources (MDAR) issued a joint statement through the state’s Alcoholic Beverages Control Commission (ABCC) declaring it “unlawful to manufacture and/or sell food or beverages” containing hemp-derived cannabinoids outside of the dispensary channel, applying to both alcoholic and non-alcoholic beverages. What does this mean for the hemp industry, both in the Bay State and in the rest of the country? We made the rounds, spoke with various experts, stakeholders and brands and learned how this latest regulatory development for the hemp beverage industry is being interpreted. In Massachusetts: Which is the fifth largest state for THC beverage sales through dispensaries, (according to Brightfield Group) marijuana-derived THC drinks (not hemp-derived delta-8 or delta-9) tallied $20.3 million in sales during 2023. Industry veteran Matt Melander, co-founder of Levia and recently launched Nantucket Longbird, said that closing the door on hemp beverages – which have been sold in grocery, convenience and bev-alc channels – would just push more brands to sell DTC, both from outside and into the state. While online sales of hemp-derived THC products continue to grow, that channel is usually less easily subjected to required lab testing. In the rest of the country: THC beverage trade groups like the Hemp Beverage Alliance and the newly-formed Adult Beverage Alliance (ABA) said the Massachusetts notice was a setback in continuing the conversation on how to properly regulate the industry, with ABA president and co-founder of Craft Collective Adam Olivieri calling it “selective enforcement.” It doesn’t address how to properly regulate brands that are putting inferior or unsafe products on the market, and essentially takes a “prohibition route” to overseeing hemp drink sales, Olivieri said. From an outlier: But at least one stakeholder in the Massachusetts dispensary channel disagrees, saying the directive is not necessarily trying to limit hemp brands from operating, but enforcing a law that was already in place. As hemp beverages have proliferated in bev-alc channels throughout the country, licensed marijuana retailers in places like Massachusetts or Colorado have called those other routes to the consumer an unequal playing field for people looking to purchase intoxicating THC products. “It shouldn’t be a situation where there are liquor stores selling products from out-of-state and local businesses can’t produce and sell into that market. That doesn’t really seem sensible,” said Brandon Pollock, CEO of Theory Wellness – which operates a THC beverage storefront in Medford. BevNET Insiders can read the full story for more details on what this move signals for the broader hemp-derived drinks space. |