Risks and Unknowns of THC Beverages on Draught

Craft brewers have always operated on the cutting edge of product innovation. Recent developments have prompted craft brewers and others to bring beverages to market that are infused with delta-8 and delta-9 tetrahydrocannabinol (THC) derived from hemp. For a review of the legal considerations surrounding intoxicating hemp beverages, read Intoxicating Hemp Beverages - A Legal Primer by Marc Sorini, Brewers Association (BA) General Counsel.

Recent changes in at least one state, Minnesota, have allowed intoxicating hemp beverages to be sold on draught. Little or no research or data are available on technical challenges that serving these beverages on draught may present. There are concerns, risks, and challenges a brewer should consider before making the decision to serve intoxicating hemp beverages on draught.

• Serving a non-alcohol product on draught increases the microbiological risk of beer spoilage organisms and possibly pathogens. More research needs to be done to understand the extent of these risks. Learn more about the risks of serving a non-alcohol product on draught in Non-Alcohol Beer on Draught: Risks, Considerations, and Resources.

• The ability of THC compounds to diffuse into draught beer lines and to contaminate a subsequent beverage served from the same line is poorly understood. Certain materials used in draught beer lines may be more susceptible than others to absorb and release THC compounds and may have varying resistance to cleaning regimes.

• The ability of THC compounds to remain consistently dispersed and dispensed in a keg over time has not been studied. A lack of homogeneous distribution or the settling of an inadequately dissolved infusion could result in inconsistent dosing per serving.

Potential liabilities could include: food safety concerns; transfer of THC to beverages not meant to contain the intoxicating compound, such as alcohol-containing beverages; and consumers ingesting larger doses than intended. For example, imagine a beer drinker failing a drug test because they consumed a beverage from a THC-tainted line.

Potential financial and legal implications include increased insurance costs or loss of licensing privileges. For example, THC inadvertently appearing in a beverage containing alcohol could jeopardize a brewer's state brewing license.

These concerns are not currently validated by research or experience, but for the same reason, these possibilities have not been ruled out by thorough research. The BA believes that brewers should be aware of the potential risks. More research needs to be conducted to ensure that intoxicating hemp beverages served on draught systems are safe from unintended consequences.

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