THC Seltzers Ending December 11: Which Brands Are Leaving

On October 26, VICE rounded up the THC drink brands saying goodbye. The picture is now clear enough to name names: several well-known hemp THC seltzers will stop shipping on December 11, and the brands themselves have said there will be no restock once current stock is gone.

December 11 is 41 days from today, Saturday, October 31. If one of these drinks is your regular, this is the window to decide what to do about it, while it is still legal to buy and while stock is still there.

Here is what is leaving, what is not, and what Congress could still change.

Why a 2mg Can Fails a 0.4mg Limit

Last November, Congress rewrote the federal definition of hemp in the agriculture spending law, P.L. 119-37, Division B, Section 781. From December 11, a finished hemp product with more than 0.4 milligrams of total THC and similar-effect cannabinoids per container falls outside that definition.

The limit is per container, not per serving, and a can is a container. Most hemp THC seltzers carry 2 milligrams to 10 milligrams of THC per can. That is 5 to 25 times the new limit, so even the lightest drink on this list is far over the line.

Two dates matter, and they are easy to mix up. Products made with cannabinoids the cannabis plant cannot naturally produce lose hemp status on November 12. The 0.4 milligram per-container cap and the rest of the new definition take effect on December 11, after a September spending bill, P.L. 119-103, extended most of the change. Cannabinoids the plant can make, but that were made outside the plant, fall under December 11, not November 12.

The Brands Leaving on December 11

• Five: Five is discontinuing its THC seltzer lineup. Its site marks its seltzers as a last batch and a final run that will not be back, in both its 2 milligram and 10 milligram strengths. See Five's 2mg seltzers and its 10mg seltzers.

• Vena: Vena is discontinuing its Happy Tonix seltzers on December 11, in every strength and flavour, from the 2 milligram Skinny Mocktails to the 10 milligram Mango, Lime and Blood Orange cans, along with the variety packs. Its own sale page says once current stock is gone, it is gone, and the sale ends December 10 at 11:59 p.m. Pacific Time, or when stock runs out. See Vena's stock-up page.

• Soul: Soul's Out of Office hemp THC products stop shipping on December 11. Its site says nothing ships after December 11, while stocks last. See Soul's announcement. This announcement covers its Out of Office THC products; it is not a company closure announcement.

A note on wording: when a brand says it will stop shipping on December 11, that is about its hemp THC drinks in their current form. It does not mean every product that brand has ever sold disappears, and it does not mean a state-licensed dispensary product in a legal state is the same thing. The federal change is about hemp products sold under the federal hemp definition.

The Brands Taking a Different Path

Cornbread Hemp, based in Kentucky, has not announced a wind-down date for its THC seltzers. Instead, it says it will keep working with lawmakers for lasting regulation, and its policy page argues that the new law goes too far by putting trusted low-dose beverages at risk along with unsafe products. See Cornbread Hemp's policy page. Its owners have said they would accept a cap of, for example, 5 milligrams if that is what it takes to win support, but that the 0.4 milligram limit would destroy their business.

Cycling Frog is shifting toward state-licensed markets, where products are sold under state cannabis rules rather than the federal hemp definition. Its founder has also said the company is fighting for a legislative pathway that preserves as much of the industry as possible. That is a different bet from winding down: it accepts that the national hemp-drink market, as it exists today, may not survive December 11 in its current form.

Neither path is a guarantee. A state-licensed market only helps in states that have one, and only for products that meet that state's rules. A lobbying fight only helps if Congress actually passes something.

What Congress Could Still Do

Congress is out until after November 3, the day of the election. After it returns, about five weeks remain before December 11. That is a short window, but it is not nothing, and it is where the remaining options sit.

Advocates are asking lawmakers to cosponsor two kinds of proposal. The Lawful Hemp Protection Act would set national standards for labelling, age verification, serving limits and FDA oversight. The Beverage Regulatory Parity Act would regulate THC drinks more like alcohol, with a minimum age of 21, federal tax and trade oversight, potency limits, testing and taxation. Neither has passed, and neither should be described as law.

Congress could also delay the date again, as it did in September when it moved most of the change from November 12 to December 11. A delay is possible, not promised. Until something passes, December 11 is the date to plan around.

What to Do If You Buy These Drinks

• Check the label on the can, not just the brand name. The THC per can is what matters against the 0.4 milligram limit, and 2 milligrams is already five times that limit.

• Do not assume a favourite flavour will be restocked. The brands above have said the opposite, so check the brand's own site before you order, and check best-before dates and storage guidance before buying in bulk.

• These products are for adults 21 and older only, and state rules still apply on top of federal rules. A drink that is legal to buy today in your state may not be legal to ship to another state.

• If you are choosing a replacement, look for the same things AHAA asks for across hemp products: lab testing, honest labels, and a minimum age of 21. A lower dose is not automatically compliant if it is still over 0.4 milligrams per container.

What AHAA Is Asking Congress For

AHAA's stated position is that hemp products should not mislead buyers or contain synthetic intoxicants, and that the answer is regulation, not elimination. AHAA asks Congress for lab testing, honest labels, a minimum age of 21, and an FDA that publishes the definitions it was required to publish on time.

If a drink you rely on is about to disappear, or your business is reformulating to survive, share your story through AHAA's Tell Your Story page. Lawmakers hear from lobbyists every day. They hear far less from the people who buy, make and sell these products.

Frequently Asked Questions

Q. Why does a 2mg seltzer fail a 0.4mg limit?

Because the limit is per container, not per serving, and a can is a container. A 2 milligram can holds five times the 0.4 milligram limit, and a 10 milligram can holds 25 times it.

Q. Will every THC drink disappear on December 11?

No. The federal change removes over-limit hemp products from the federal hemp definition. Products sold under a state's own licensed cannabis rules are a separate system, with their own state requirements. What disappears is the national hemp-drink market in its current form, unless Congress acts.

Q. What changes on November 12, and what changes on December 11?

On November 12, products with cannabinoids the cannabis plant cannot naturally produce lose hemp status. On December 11, the rest of the new definition takes effect, including the 0.4 milligram per-container cap. Cannabinoids the plant can make, but that were made outside the plant, fall under December 11.

Q. Can Congress still change the December 11 date?

Yes, it could delay it again or pass a regulation bill, but neither has happened. Congress is out until after November 3, leaving about five weeks before December 11. Plan around December 11 until something actually passes.

Q. Should I stock up before December 11?

That is a personal choice, not a recommendation. If you do, buy only from the brand or a seller you trust, check best-before dates and storage guidance, stay within your state's rules, and remember the brands above have said there will be no restock once stock is gone.