New York City’s grocery stores, bodegas, and delis now feature a vibrant, yet often overlooked, selection of cannabis-infused beverages nestled within their refrigerated sections. Brands like Oasis, Cann, Milonga, Cycling Frog, Tempter’s, Gigli, and Mighty Kind present a rainbow-like array of cans that, at first glance, are virtually indistinguishable from iced teas, probiotic sodas, and other health-oriented "functional beverages" sharing their shelf space. While some labels bear prominent declarations of THC, the psychoactive compound in cannabis, and others offer minuscule print, a recent investigation revealed a startling lack of clear indication of their intoxicating nature in numerous retail locations. In many of the 10 stores surveyed across South Brooklyn, including some within blocks of schools, no signs alerted customers to the presence of alcohol-like beverages, and identification was not requested at checkout.
This widespread availability directly contravenes New York state law, which, under regulations adopted in 2023, restricts THC content in these beverages to a maximum of 1 milligram per serving. However, the investigation found drinks containing up to 100 times that amount – as much as 100 mg of THC per serving – readily available. These potent options were discovered in establishments ranging from gourmet delis on upscale Brooklyn streets to large grocery stores situated across from public parks. While 5 to 10 mg per serving represents a standard dose for casual marijuana users, high-potency brands with 50, 60, and even 100 mg of THC were easily accessible, posing a significant risk of overwhelming even experienced users.
"It’s not allowed, but it’s still happening," confirmed Christopher Lackner, head of the Hemp Beverage Alliance, highlighting the persistent disconnect between regulation and market reality.
The burgeoning popularity of THC drinks across the United States is occurring in parallel with a discernible decline in alcohol consumption. Industry reports project significant growth, with between 500 and 750 brands vying for an estimated $1.4 billion in sales by 2026. This expansion is largely attributed to a loophole in the 2018 Farm Bill, which legalized hemp-derived products. This legislation inadvertently opened the door for companies to sell THC products derived from hemp in mainstream retail settings. While this loophole is slated to close in November, the THC beverage industry remains optimistic about a legislative resolution, a sentiment echoed by major retailers like Target, Circle K, and Sprouts, who are either expanding or initiating sales of these products. However, a chorus of doctors, researchers, and advocacy groups are raising urgent concerns about the potential for accidental ingestion, particularly among vulnerable populations, including children and adolescents.
The Unmarked Danger: Accidental Ingestion and Pediatric Concerns
Pediatric emergency physicians are witnessing a dramatic surge in cases of children accidentally ingesting THC-infused products, including beverages. Dr. Rudy Kink of Le Bonheur Children’s Hospital in Memphis, Tennessee, reports that his institution sees four to five such cases weekly. These incidents involve a spectrum of scenarios: curious toddlers drawn to colorful packaging, teenagers intentionally experimenting with cannabis, and, alarmingly, instances where young individuals mistook THC drinks for conventional sodas. The consequences are severe, with children presenting at the hospital with lethargy, confusion, nausea, vomiting, and in some cases, near-comatose states. Mystified parents often remain unaware of the cause until medical testing reveals the presence of THC.
"I don’t think that teenagers quite understand the effects of THC and how it can cause some of the other problems medically, like vomiting and altered mental status," Dr. Kink stated, advocating for clear and unambiguous labeling of THC beverages to prevent confusion.
Data underscores the growing prevalence of cannabis product use among youth. A 2025 survey of high school seniors indicated that 8% of females and 10% of males had consumed hemp-derived cannabis products in the preceding year. Furthermore, a concurrent survey of U.S. adults revealed that 14% had used hemp-derived THC, with THC beverage consumers tending to be younger, more highly educated, and with higher incomes compared to users of other cannabis products.
The ambiguity extends to consumer understanding of dosage. Jessica Kruger, a health educator at the University of Buffalo specializing in cannabis use, notes that many consumers struggle to interpret nutrition and cannabis labels, particularly understanding the significance of milligram measurements. This lack of comprehension further exacerbates the risk of unintended consumption and dosage errors.
Beyond accidental ingestion, a critical public safety concern revolves around the lack of regulatory oversight for THC drinks not sold through state-licensed dispensaries. Kruger highlights that these unregulated products are not subjected to the same rigorous testing for contaminants or accurate THC to CBD (cannabidiol, a non-psychoactive compound) ratios. "You don’t know if there’s contaminants, you don’t know what the ratio is," she warned, emphasizing that manufacturers can make unsubstantiated claims about their products.
The Health Risks of Unforeseen Intoxication
The proliferation of hemp-derived cannabis products, including THC drinks, gummies, and vapes, has coincided with a significant increase in pediatric poisonings. Matthew Rossheim, an associate professor at UNT Health Fort Worth who researches retail cannabis products, points to a concerning trend. A study published in the Journal of Addiction Medicine revealed an explosive rise in calls to U.S. poison control centers concerning cannabis exposure in children under six, increasing by over 6,000% between 2009 and 2024. For children aged six to twelve, the increase was even more dramatic, exceeding 13,000% over the same period. A smaller study involving 27 children under 14 with suspected exposure to hemp-derived delta-8 products found that a staggering 30% required intensive care unit admission, with many experiencing low blood pressure, respiratory distress, and requiring intravenous fluids.
Rossheim also notes a rise in emergency room visits for cannabis-induced psychosis. Research on adolescents in Northern California has linked cannabis use to a significantly elevated risk of psychotic and bipolar disorders. Diane Carlson, co-founder of the advocacy group One Chance to Grow Up, recounts instances where parents believed their children were purchasing CBD products, only to witness the development of psychosis after consumption.
The impact is not limited to children. In Ohio, a hospital director of outpatient psychiatric services reported an increase in ER visits from patients presenting with "actively psychotic" symptoms directly linked to the THC drink boom. Online forums also reflect a growing number of individuals seeking help after accidental ingestion or misuse of THC beverages. Users have reported mistaking them for regular sodas, leading to interactions with prescribed medications, or experiencing intense anxiety and paranoia due to unintentional high doses. Concerns about failing mandatory drug screenings for employment also surface, indicating a lack of awareness regarding the presence and effects of THC.
Tory Spindle, an associate professor at Johns Hopkins Medicine, emphasizes that individuals unfamiliar with cannabis may perceive these drinks as innocuous wellness beverages, failing to recognize their potential for intoxication. "The worst-case scenario," he stated, "is that someone would buy one and not know that it has THC in it at all, and then you get intoxicated and drive while under the influence."
Spindle’s research further suggests that THC beverages may pose unique risks compared to other cannabis edibles due to their rapid onset of effects. Participants in his studies report feeling the effects of THC drinks within 15 to 20 minutes, peaking around 30 to 45 minutes, in contrast to traditional edibles which can take an hour to take effect and peak much later. Moreover, a 10 mg THC beverage appears to induce a more potent effect than a 10 mg gummy. This rapid onset can impair judgment and reaction times, even for individuals aware they are consuming a THC product.
Compounding these risks is the frequent inaccuracy of cannabis product labeling. Spindle’s research indicates that THC products are often mislabeled, with actual concentrations deviating significantly from stated amounts, a phenomenon likely exacerbated in hemp-derived products due to the absence of regulatory oversight.
Retail Strategies and Regulatory Patchwork
Industry stakeholders, including Christopher Lackner of the Hemp Beverage Alliance, advocate for THC beverages to be marketed, labeled, and shelved alongside other adult beverages, with age verification for purchasers. In the interim, he suggests clear signage in stores where these products are displayed alongside non-alcoholic options. However, the current landscape often operates under a "self-regulatory scheme for reputable retailers," leaving many consumers uninformed.
State-level regulations governing hemp-derived THC are a complex and evolving mosaic. Ohio, for instance, recently banned most such products, specifically targeting THC beverages, only for some to return to shelves following a temporary federal court injunction. Alaska and Washington have implemented more robust measures to restrict the availability of THC products outside of state-licensed dispensaries, though Rossheim notes that bans alone are insufficient without consistent enforcement.
Major retailers are navigating this landscape with varying degrees of diligence. Target, which sells THC drinks in Florida, Illinois, Minnesota, and Texas, states that it requires ID verification, displays these beverages with other adult drinks, and implements "dedicated signage" in stores that carry them, even when not mandated by law. In a Target store in Austin, Texas, THC drinks were prominently displayed on an end-cap, a prime retail location often secured through "slotting fees" paid by manufacturers. Above the display, a large sign identified them as THC-infused beverages. Smaller warning labels below reiterated that the products contained THC, requiring purchasers to be 21 and above, and cautioned against driving under the influence.
In stark contrast, many Brooklyn delis and grocery stores present a more haphazard approach. In one Brooklyn Heights deli, THC drinks were positioned directly beneath chocolate milk brands, seamlessly blending into a display of probiotic sodas with no accompanying signage indicating their intoxicating nature. Labels, when present, often only detailed brand names and prices, with scant mention of THC content. These beverages were typically stocked alongside non-alcoholic options like lemonade, energy drinks, and coconut water, further obscuring their identity. Similarly, a Minnesota co-op was found to be stocking unmarked THC drinks next to cold brew coffee.
A spokesperson for the National Grocers Association emphasized that regulations for hemp-derived beverages vary by state and encouraged retailers to adhere to all applicable laws and collaborate with regulators and suppliers for compliant marketing and labeling. The New York Office of Cannabis Management did not respond to requests for comment regarding the presence of THC drinks in retail stores.
The Future of THC Beverages: Regulation or Continued Uncertainty?
Despite the regulatory ambiguity and potential risks, some proponents see promise in THC beverages as a potential harm-reduction alternative to alcohol. Jessica Kruger’s research suggests that individuals who consume THC drinks may reduce their alcohol intake and binge drinking frequency. However, long-term studies on the health impacts of daily THC beverage consumption over extended periods are limited due to federal restrictions on cannabis research.
The alcohol industry itself faces a strategic dilemma, torn between capitalizing on the lucrative THC beverage market and advocating for the closure of the Farm Bill loophole that enables its existence. Many liquor stores and breweries are reportedly embracing THC drinks as a means to offset declining alcohol sales.
As the November deadline for the potential closure of the Farm Bill loophole approaches, the Hemp Beverage Alliance remains cautiously optimistic. Christopher Lackner notes that various legislative proposals are circulating in Congress, aiming to provide solutions such as delays, new regulatory pathways, or state opt-out options. He believes that "cooler heads will prevail" in finding a legislative resolution. In anticipation of potential regulatory changes, some industry players are diversifying their offerings by introducing non-THC beverages. However, many continue to produce THC drinks at high volumes, driven by sustained consumer demand. The recent Hemp Beverage Expo in Austin, Texas, with over 100 distributors in attendance, suggests a continued industry faith in the sector’s resilience, even in the face of impending regulatory shifts. The industry’s confidence, coupled with the continued influx of these products into mainstream retail, paints a complex picture of evolving consumer habits, regulatory challenges, and significant public health considerations.
