Reviewed by NCIA’s Risk Management & Insurance Committee

Disclaimer: This blog post provides general information and should not be considered medical advice.

Introduction 

This blog post explores the differences between THC-infused beverages and those derived from hemp.

• Beverage Composition 
  • THC-Infused Beverages: These beverages typically contain delta-9- tetrahydrocannabinol (THC), the primary psychoactive compound in cannabis. THC  levels in these products can vary significantly depending on the source and  manufacturing process. Throughout this blog post, we refer to ‘true THC,’ which  means the legalized compound described here. 
  • Hemp-Derived Beverages: These beverages utilize compounds derived from  hemp, a variety of Cannabis sativa with a THC concentration of 0.3% or less by dry  weight. Common hemp-derived compounds may include:
    • Cannabidiol (CBD): Non-psychoactive, known for potential therapeutic  benefits.
    • Delta-8 THC: A minor cannabinoid with milder psychoactive effects than  delta-9 THC. The Delta-8 THC compound may be modified to artificially create a psychoactive effect like true THC.
    • Terpenes: Aromatic compounds found in both hemp and cannabis,  contributing to flavor and potential entourage effects.
    • Additional chemicals to modify the compound: Discussed in more detail  throughout this blog post.
• Effects 
  • THC-Infused Beverages:
    • Produce psychoactive effects, including euphoria, relaxation, altered  perception, and potential cognitive impairment.
    • Effects can vary depending on individual factors, dosage, and consumption  method.
  • Hemp-Derived Beverages:
    • CBD: May offer potential benefits for anxiety, pain, and sleep, though  research is ongoing. Typically, does not produce psychoactive effects.
    • Delta-8 THC: May produce mild euphoria and relaxation, often described as  less intense than delta-9 THC.
    • Terpenes: May enhance the effects of other cannabinoids and contribute to  overall sensory experience.
• Legal Considerations 
  • THC-Infused Beverages:
    • Legal status varies significantly state by state.
    • In many places, they are subject to strict regulations regarding production,  distribution, and sale.
    • May be restricted to medical or recreational use programs.
  • Hemp-Derived Beverages:
    • Legal on a federal level in the United States due to the 2018 Farm Bill, which  legalized hemp and its derivatives.
    • Various states and local statutes have banned hemp-derived products, such  as Colorado and Vermont.
    • Despite these bans, there is minimal levels of active enforcement for these  products.
• Consumer Considerations 
  • THC-Infused Beverages:
    • If purchased legally in an approved state, consumer has peace of mind that  the product has passed all levels of testing adhered to by the licensed  operator.
    • Start with low doses to assess individual tolerance.
    • Use caution and always consume safely.
  • Hemp-Derived Beverages:
    • Product may be tested, however there are fewer requirements and control  measures in place as in the legal THC-Infused space.
    • The Delta-8 THC compound can be manipulated synthetically, with various harmful chemicals, including (but not limited to):
      • Heptane
      • Hydrochloric acid
      • Sulfuric acid
    • The byproduct of this chemical process produces a compound similar in  effect to true THC.
    • While the synthetic process should extract only the Delta-8 THC,  independent labs have tested and found trace amounts of harmful acids  remain.
    • In other cases, labs had not even performed testing.
    • Consume any of these products with extreme caution.
    • Be mindful of false advertising. Hemp-derived beverages are not true THC  products.
• Market Availability 
  • THC-Infused Beverages:
    • May be available in states that have passed medical or recreational THC  ordinance.
    • Not all legalized states have approved THC-infused beverages.
    • No illegal THC state sells THC-infused beverages. Misleading advertisements can confuse the consumer, it is best to be mindful and  carefully examine ingredients and makeup of the product.
  • Hemp-Derived Beverages:
    • Widely available due to the Farm Bill. Consumers may hear the term ‘Farm  Bill Loophole,’ and many of the hemp-derived beverages fit this term. o Products can be found for sale online, via the Internet and various Social  Media platforms (Instragram, Tik Tok, among others). These advertisements  run even in the states that have banned the hemp-derived delta products. o Some of these products are cleverly marketed to appear as true THC.  Consumers should read labels carefully and understand applicable state  laws.
• Consumer Education Tips 
  • Checklist for Identifying Legitimate Products 
    • To ensure safe and informed choices, consumers should evaluate THC and hemp-derived  beverages by following these tips: 
      • Third-Party Lab Testing
        • Look for a certificate of analysis (COA) from an independent lab. This document verifies the product’s contents, including THC or CBD levels, and checks for contaminants like pesticides or residual solvents.
        • Most reputable manufacturers provide COA directly on their website or by request.
      • Clear and Accurate Labeling
        • Labels should clearly state the following:
        • The type and quantity of cannabinoids (e.g., THC, CBD, Delta-8 THC).
        • Serving sizes and dosage recommendations.
        • A list of ingredients, especially additives or artificial compounds. b. Avoid products with ambiguous terms like “hemp extract” or “cannabis soda”  without further clarification.
      • Verified THC Content
        • THC-infused products should indicate the amount of Delta-9 THC per serving and per package. Confirm the stated levels comply with local laws if purchasing in a legal state.
        • Hemp-derived beverages with Delta-8 or CBD should explicitly state that their THC content is below the 0.3% threshold.
      • Transparency from Manufacturers
        • Legitimate companies are transparent about their production process, including sourcing and extraction methods. If unclear, reach out to the manufacturer for details. 
      • Red Flags for False Advertising
        • Beware of products marketed as “legal THC” in states where recreational cannabis is prohibited.
        • Be cautious of exaggerated claims about health benefits or effects. Hemp and THC products cannot cure diseases or provide guaranteed outcomes.
• Practical Safety Tips 
  • Start with Small Doses
    • THC beverages can have delayed effects compared to smoking or vaping cannabis. Begin with a low dose and wait at least 1-2 hours before consuming more to avoid over-intoxication.
  • Check Local Laws
    • Always verify the legality of cannabis products in your state or country before purchasing. Laws vary significantly across jurisdictions.
  • Store Products Safely
    • Keep beverages in a secure location away from children and pets. THC and Delta-8 products can have unintended effects if consumed accidentally.
  • Understand Potential Risks
    • Be aware that Delta-8 THC, due to its synthetic processing, may carry additional risks compared to naturally derived Delta-9 THC or CBD.

Conclusion 

THC-infused beverages and hemp-derived beverages offer distinct experiences and  potential benefits. Understanding their differences in composition, effects, and legal  status is crucial for consumers to make informed choices. Consumers should be aware of chemically modified hemp-derived beverages widely available and proceed accordingly. Those wishing to consume legal, true THC should be certain to purchase from licensed  operations in legalized jurisdictions. If uncertain of the product makeup, it may be  beneficial to ask the manufacturer directly. Otherwise, use best judgement: If a consumer  in South Carolina orders a beverage advertised as “THC Soda” from Instagram, you may be purchasing a chemically modified byproduct rather than true THC.