Federal Law Could Ban Maine’s Hemp Beverages

Federal lawmakers are moving to close the so-called “hemp loophole” and it could spell the end for those fruity, THC-infused seltzers popping up in convenience stores, restaurants, and breweries across Maine.

According to The Kennebec Journal, a new bill designed to reopen the federal government after a record-long shutdown also includes a major change to the nation’s hemp laws. It would redefine hemp to exclude intoxicating products, effectively banning a growing industry that’s taken root in Maine and beyond.

Right now, hemp-based drinks are legal because of wording in the 2018 U.S. Farm Bill, which defined hemp as cannabis containing less than 0.3% THC by dried weight. Anything stronger is classified as marijuana, still illegal at the federal level. The KJ explained that the new proposal goes further, capping total THC content at just 0.4 milligrams per product. That tiny limit would make nearly all hemp-derived drinks illegal overnight.

The measure passed the U.S. Senate on Monday and now heads to the House of Representatives for approval. Supporters in Maine’s recreational cannabis community say they’re “relieved,” claiming the change finally levels the playing field between state-regulated cannabis businesses and unregulated hemp sellers.

But hemp farmers aren’t celebrating. Lizzy Hayes, an organic hemp grower from Cornville, told the KJ the change could destroy her livelihood. She says the 0.4 mg limit is “outrageously low” and would “effectively prohibit 100% of hemp products” other than industrial fiber and rope.

If enacted, the new rule would prevent unregulated hemp-based intoxicants — including delta-8 THC — from being sold online, at gas stations, or in corner stores, while still allowing non-intoxicating CBD and industrial hemp goods.

For Maine’s booming hemp drink scene, that could mean last call.