Big Cannabis’ Latest Loophole: Are Hemp Based THC Beverages the Future or Just Another Corporate Cash Grab?
February 28th, 2025
6 min read
By Clarke Lyons

Ready for another deep dive into the industry shake-ups no one’s talking about? Takes a sip This one’s got some extra bubbles. Trulieve Cannabis Corp., Curaleaf Holdings Inc., and Green Thumb Industries Inc.—some of the biggest names in cannabis—just jumped headfirst into the hemp-derived THC beverage market. And while this might sound like a cool new way to consume cannabis, there’s a lot more to unpack here.
What does this mean for the industry as a whole? Will these beverages disrupt alcohol sales, or will they fade into the background like so many cannabis fads before them? And most importantly—what should small business owners, investors, and consumers be doing right now to stay ahead of the curve? Keep reading, because what you don’t know about this shift could end up costing you.
Why Are Big Cannabis Brands Suddenly Pushing THC Beverages?
Federal cannabis legalization has been stuck in limbo for years, creating uncertainty for businesses and consumers alike. Without clear nationwide policies, companies are forced to navigate a patchwork of state laws, making it difficult to scale operations. This has led many large cannabis brands to pivot towards hemp-derived THC beverages as a workaround—tapping into a market that offers fewer regulatory headaches while expanding their consumer base.
However, the long-term implications of stalled legalization go beyond just business strategy. Without federal guidance, product safety standards remain inconsistent, banking and financial services for cannabis businesses remain restricted, and smaller operators are left at a disadvantage against multistate corporations that can afford to play the loophole game.
Until full legalization happens, expect more creative workarounds—and more power shifting towards those with the deepest pockets. While traditional cannabis remains stuck in a web of state-by-state regulations, hemp-derived THC has slipped through a legal loophole, making it possible to sell these beverages in multiple states—without the same red tape attached to dispensary sales.
This move lets these big players tap into new markets, broaden their reach beyond dispensary shelves, and test out a category that’s been growing rapidly. According to industry data, THC-infused beverages have been gaining traction among consumers looking for a smoke-free, controlled cannabis experience. Plus, with alcohol consumption declining among younger generations, brands are betting big that THC drinks will become the new go-to for social drinking.
The Legal Loophole That’s Fueling This Boom
If you’re wondering how companies are pulling this off, the answer lies in the 2018 Farm Bill. This piece of legislation federally legalized hemp and its derivatives as long as they contain less than 0.3% Delta-9 THC by dry weight. But here’s the catch: when converted into liquid form, that 0.3% THC threshold suddenly allows for beverages that pack a noticeable punch.
This legal gray area has allowed companies to distribute hemp-derived THC drinks in states where traditional cannabis sales remain illegal or restricted. In other words, while federal legalization efforts are moving at a snail’s pace, Big Cannabis has found a way to expand anyway.
What Does This Mean for Small Cannabis Businesses?
This isn’t just about innovation—it’s about market control, and that means fewer choices for consumers in the long run. When a few large companies dominate, they dictate what’s available, how it’s priced, and who gets to compete. That could mean fewer craft brands, limited product diversity, and higher costs.
Look at what happened with beer—big corporations bought out independent breweries, and suddenly, all the shelves started looking the same. If we’re not careful, the cannabis beverage market could end up just as homogeneous, where only the biggest players have the resources to survive, pushing out smaller brands that bring real innovation.
Small and independent cannabis operators have already been struggling to compete against multi-state operators (MSOs), and this latest move puts even more pressure on them. Here’s why:
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Access to Distribution – Big companies already have partnerships with retailers, making it easier for them to dominate shelf space.
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Marketing Power – MSOs can afford large-scale marketing campaigns, putting small brands at a disadvantage.
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Regulatory Advantages – While small businesses navigate complex licensing laws, these large companies are sidestepping dispensary restrictions altogether with hemp-derived products.
It’s the classic story of corporate expansion—find a loophole, exploit it, and leave smaller competitors scrambling to keep up.
What Can Small Operators Do?
If you’re a cannabis entrepreneur or small business owner, this should be a wake-up call. Take for example Cann Social Tonics, a brand that started small and used clever marketing and partnerships to carve out a strong niche in the cannabis beverage industry.
Instead of competing directly with major MSOs, they leaned into their identity as a lifestyle brand and built a loyal consumer base. Similarly, Keef Brands strategically navigated distribution challenges by securing placements in both dispensaries and mainstream retail locations, proving that smaller brands can survive and even thrive with the right approach.
Learning from these success stories, small operators must focus on brand differentiation, grassroots marketing, and staying ahead of compliance trends to maintain their competitive edge. The market is evolving, and if you want to stay relevant, here’s what you can do:
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Explore Hemp-Based Products – If you can’t beat them, consider how you can enter this space yourself while staying compliant with regulations.
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Strengthen Direct-to-Consumer Strategies – With restrictions on dispensary sales tightening, focus on building a strong brand presence online and through alternative retail channels.
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Push for Fair Legislation – Advocate for clearer, more equitable cannabis laws that don’t allow large corporations to dominate through loopholes.
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Educate Consumers – Many consumers don’t understand the difference between hemp-derived THC and traditional cannabis. Clear, transparent education could be a competitive advantage.
How Do Hemp-Based THC Beverages Feel?
According to a 2023 report by Brightfield Group, the THC beverage market grew by 65% in the past year, signaling a rise in consumer interest. However, many consumers remain unclear on how these drinks actually affect them (source).
If you’ve ever had a cannabis edible, you already know the unpredictability of consuming THC. Hemp-based THC beverages follow a similar path—but with a few twists. Unlike smoking or vaping, where the effects hit almost instantly, beverages take a scenic route through your digestive system. Some report a mild, floaty high perfect for social settings, while others feel like they’ve been hit with a delayed knockout punch.
Another difference? The effects of hemp-derived THC tend to be subtler than their dispensary-grade counterparts. Some say it’s a smoother, clearer buzz—others argue that it’s just underwhelming. But what’s universal is that it’s inconsistent. Until the industry figures out better formulation and labeling, drinking one of these is a bit like spinning the wheel on your tolerance level.
Sure, these drinks are exciting, but let’s be real—most consumers have no idea what they’re actually drinking. Dosing inconsistencies, delayed onset times, and questionable formulations are all lurking in the background.
Unlike alcohol, where you generally know how much will hit you and when, THC beverages are still unpredictable. Some kick in after 15 minutes, others take an hour—leaving many consumers either underwhelmed or completely blindsided. Until there’s better regulation and education, expect some wild experiences.
Are We Just Rebranding Edibles?
Let’s call it what it is—THC beverages are just fancy liquid edibles. But here’s the twist: they come with the same complications.
Everyone’s metabolism processes THC differently, which means two people drinking the same amount could have wildly different experiences. And since beverages are marketed as a "social alternative to alcohol," there’s a risk of consumers assuming they can pound them like beers—not realizing they might be in for an entirely different kind of buzz.
Will Alcohol and Cannabis Ever Get Along?
Big Alcohol isn’t just watching this trend—they’re already dipping their toes in. From beer companies partnering with cannabis brands to spirits giants funding THC beverage startups, we’re on the verge of a collision.
The alcohol industry isn’t going to sit back and let THC drinks eat into their market share without a fight. Expect more lobbying, more confusing regulations, and possibly even industry mergers as these two worlds battle for consumer dollars.
The FOMO Factor: Are We Just Chasing Trends?
Cannabis beverages sound trendy, and every major company wants a piece of the action. But here’s the question: do consumers actually want them? While there’s been buzz, data suggests that infused drinks still make up a tiny fraction of total cannabis sales.
Are we witnessing a genuine market shift, or just another industry hype train? If these beverages don’t catch on beyond novelty appeal, we could see them fade just as fast as they appeared.
Next Steps: What to Consider if You’re Entering the THC Beverage Market
If you’re a consumer, business owner, or investor looking to navigate this emerging market, here’s what you should keep in mind:
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Understand State Regulations – Laws around hemp-derived THC beverages vary widely. Make sure you know what’s legal in your state.
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Start Low, Go Slow – If you’re new to THC beverages, test your tolerance with a small dose before committing to a full can.
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Watch for Labeling Changes – With regulatory shifts coming, expect new requirements for potency, dosage instructions, and ingredient transparency.
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Support Ethical Brands – Not all companies prioritize quality and transparency. Do your research on where your product is coming from.
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Advocate for Clearer Legislation – Get involved in efforts to create fair and balanced cannabis laws that benefit both consumers and small businesses (NCIA).
What’s Next for the Cannabis Beverage Market?
As major cannabis companies continue investing in hemp-derived THC beverages, expect to see rapid growth in this sector. However, regulatory scrutiny is likely to follow. Some states have already started reevaluating hemp-derived THC laws, and federal agencies may soon step in to address this loophole.
Industry experts predict that tighter regulations, clearer labeling requirements, and potential taxation adjustments could shape the next phase of this market. While brands are moving fast now, they may have to pivot if new legal barriers emerge. More states may start cracking down on regulatory loopholes, and smaller operators will need to adapt quickly to survive in this shifting landscape.
If you want to stay ahead of the curve, it’s time to pay attention. The cannabis industry is evolving, and those who don’t evolve with it risk being left behind. But hey, no pressure—just your entire business at stake! In all seriousness, whether you’re an investor, a small business owner, or just a casual THC enthusiast, now’s the time to pay attention. The game is changing fast, and if you don’t keep up, you might just find yourself wondering why your go-to drink is suddenly a collector’s item.