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Cannabis companies piling into hemp THC-infused beverages🍹

Plus, IRS tells cannabis companies to pay up

Good morning.

We hope you had a great weekend.

It’s Monday — grab a cup of coffee and start your week off right with your daily dose of cannabis industry news. 

After today’s newsletter, our Editor-in-Chief Jeremy is off for the rest of the week finishing up his finals.

You’ll be in good hands with Jay. 

-JB & JR

This newsletter is 1,183 words or about a 8.5-minute read. 

💡 What’s the big deal?

DRINKS
Are hemp-derived beverages the next big thing?

What happened: Everywhere you look, a cannabis company is either dropping a new hemp-derived, THC-infused beverage line or rapidly expanding one. 

Just last week:

  • Canadian cannabis and beverage giant Tilray launched Herb & Bloom, a line of THC-infused cocktails in flavors like Peach Bellini and Strawberry Daiquiri.

  • Seth Rogen’s Houseplant launched THC seltzers across the US.

  • Rebel Rabbit, a cannabis drink brand, signed a partnership to distribute its products with 24 Anheuser-Busch wholesalers in 30 markets.

Earlier this year, Curaleaf launched hemp-derived drinks in 25 states. Cann and other cannabis beverage companies have also launched hemp-derived products that allow them to sell their products more broadly than just through dispensaries. 

Why it matters: Hemp-derived drinks are a much larger, and much less regulated market that traditional cannabis companies are looking to take advantage of.

The recent product releases and expansions are part of a broad push for cannabis companies to look for ever-elusive profits outside of the “traditional” cannabis industry

Delta-9 THC derived from hemp was technically legalized in all 50 states by the 2018 Farm Bill, though some states, like California, have started to crack down on the burgeoning intoxicating hemp market. Illinois is weighing a similar ban as well

To most consumers, THC is THC. But to the federal government, hemp and cannabis, though the exact same plant, are treated differently. Traditional cannabis companies are limited to manufacturing and selling within legal states, as cannabis can’t cross state lines. Plus, they’re forced to pay onerous taxes like 280E, as well as deal with expensive compliance processes.

Even though THC is THC, companies selling products derived from hemp don’t have to deal with any of that. So the products are more profitable, and they can theoretically sell across the US.

Hemp is defined by the federal government as cannabis that contains less than 0.3% THC by dry weight. However, companies are able to produce much more THC from the raw material and input them into products like beverages or gummies, which have the exact same intoxicating effect as regular cannabis. 

Beyond that, it’s also part of a broader social trend of adults switching from drinking alcohol to consuming cannabis socially, as it’s thought to be healthier and doesn’t give you a hangover the next day. 

Zoom out: The broader cannabis industry — as we know it — is more and more bifurcated between “hemp” and “cannabis,” with the two sectors so at odds that they fell on the opposite sides of Florida’s well-publicized, ultimately doomed legalization fight earlier this year

If they haven’t dropped new products already, pretty much every cannabis company is strategizing around how to get into the hemp market and get their products legally in the hands of far more consumers.

That’s why, after many conversations at MJBizCon in Las Vegas, I expect to see pretty much every big publicly traded cannabis firm launch hemp products in the coming months.

And some cannabis beverage brand execs, like CanTrip’s Adam Terry, say that hemp-derived beverages can be a sort of tip-of-the-spear for consumers in states without legal cannabis. If the products are widely available on store shelves — and low dose — consumers may have a good experience and be more open to trying traditional cannabis products in the future.  

But, but, but: It’s a risky strategy. These companies are essentially investing in a loophole created by the 2018 Farm Bill. 

Lawmakers realistically didn’t intend to de facto legalize THC across the US. They wanted to spur domestic hemp production for industrial applications, and companies took advantage, which, of course, is predictable given the lack of clear guidance on cannabis from Congress. 

Some lawmakers have advocated for closing this loophole in the next Farm Bill, which is expected to be negotiated next year. If that happens, these once-legal products will be quickly banned.

It would also force some companies to go out of business, and many employees to lose their jobs. It’s yet another reason why the federal government, under the next Congress, needs to lead on cannabis policy and create coherent regulations governing the whole industry. 

The bottom line: THC is THC, whether it’s sourced from “hemp” or “cannabis.” It’s time for federal regulations to catch up.

-JB

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🥊 Quick hits

IRS says cannabis companies must pay 280E taxes 👨‍⚖️

Some large cannabis firms like Trulieve withheld taxes they owed the federal government under IRS code 280E, which stipulates companies that sell a Schedule I substance in the US aren’t allowed regular business deductions. Last week, the IRS fired back — and warned companies that they’ll need to pay up.

South Carolina files medical cannabis bill 👀

South Carolina Sen. Tom Davis prefiled a bill for next year’s legislative session that would legalize cannabis in the state, Marijuana Moment reports.

DEA wants the FDA to testify at rescheduling hearings 🌿

The DEA asked the judge presiding over next year’s rescheduling hearings to approve subpoenas to force the FDA to testify at the hearings. The DEA also introduced the thousands of public comments it received on the proposed change — which would move cannabis from the most restrictive Schedule I to the less restrictive Schedule III of the Controlled Substances Act — as evidence, against the judge’s wishes, Marijuana Moment reports

New York gives an update on the December queue 🗽

New York is targeting 1,000 provisional retail licenses, 100 provisional microbusiness licenses, 50 cultivation licenses out of the December queue of applications, the state’s Cannabis Advisory Board announced in a meeting on Friday. And in other New York news, Assembly Majority Leader Crystal Peoples-Stokes advocated for financial assistance for cannabis operators struggling under high-interest loans from the state’s social equity fund.

🏃 People moves

Ayr Wellness interim CEO Steve Cohen is joining Tilray’s board of directors.

🔬Science & research

Cannabis and cognition 🧠

A new study of 5,000 men over 44 years found that cannabis has “no significant affects” on age-related decline. The study also suggests that male cannabis users may experience less cognitive decline than females. Read more.

📊 Chart of the day

Cannabis companies are still selling far more product through brick-and-mortar shops than online, according to data from Headset and analysis from Vetrina’s Krista Raymer

😜 One fun thing

More Americans consume cannabis near-daily than drink. But Americans still love drinking:

📰 What we’re reading

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