Seth Goldberg Quoted in Food & Wine, Offers Insight on Federal Shift That Could Reshape the THC Beverage Market

Seth Goldberg, partner in the firm’s Litigation practice and co-chair of the Cannabis & Hemp Law practice, was recently quoted in an article in Food & Wine titled, “How Congress’s New Hemp Rules Could Deflate America’s $4 Billion THC Drink Boom.” The article highlights how Congress’s newly enacted federal funding law, signed November 12, redefines federally legal “hemp” so as to exclude intoxicating synthetic substances and to limit the amount of naturally occurring intoxicating cannabinoids in hemp products.

Goldberg noted that the federal change “is not a ban on hemp; it sets the limit on the amount of naturally occurring THC that can be in THC beverages and other ingestible products.” He explained that the revision also bars “artificial intoxicating THCs, like delta-8, that are made by chemically converting non-intoxicating hemp cannabinoids like CBD.” As Goldberg noted, Congress’s intent “was never … for hemp to be marketed as intoxicating, so redefining hemp ensures that it will be marketed as natural and non-intoxicating.”

Goldberg further emphasized the regulatory flexibility states retain, stating that “states can regulate hemp differently than the federal government, just as a majority of states have legalized and regulate adult-use and medical marijuana, so too can they regulate ingestible hemp products.” He also clarified that the law provides a measured transition, noting that “the legislation includes a one-year off-ramp for hemp-related companies to respond to the changes.”

To read the full article in Food & Wine, click here.