THC Drinks Are Set to Be Removed From Illinois Liquor Stores This Week

Illinois Gov. JB Pritzker speaks at the Center for American Progress Action Fund’s “Results to Roadmap” event after the Democrats won the House and Senate in the midterm election, on Nov. 5. (Photo: Tom Williams/CQ Roll Call via AP Images)

Hemp-derived THC beverages containing more than 0.4 milligrams of total THC per container will be pulled from liquor stores and other traditional retail outlets in Illinois beginning Nov. 12, following the passage of a new state law that places tighter restrictions on intoxicating hemp products.

The Illinois Hemp Act, signed by Gov. JB Pritzker in June, classifies products exceeding the THC threshold as cannabis. Those products can only be sold through state-licensed cannabis dispensaries, effectively removing many popular THC drinks from liquor stores, bars and grocery stores.

The limit is substantially lower than the doses found in many beverages currently on the market. A 5-milligram THC drink contains 12.5 times the permitted amount, while a 10-milligram beverage contains 25 times the limit. Retailers have until Nov. 11 to sell or otherwise dispose of affected inventory before the restrictions take effect.

Binny’s Beverage Depot and other Illinois liquor stores have already begun clearing THC beverages from their shelves ahead of the deadline, Axios reported.

The legislation was designed to bring intoxicating hemp products under greater regulatory oversight. Supporters argued that some products were sold without the safeguards required of licensed cannabis businesses, including restrictions intended to prevent sales to minors.

But the law also threatens a growing category of beverages that has increasingly appeared alongside traditional beer, wine and spirits. THC drink makers have marketed their products to adults seeking alternatives to alcohol, with some gaining placements in bars, restaurants and entertainment venues.

“THC beverages are emerging as a fourth adult beverage category, alongside beer, wine and spirits,” Ben Kovler, chairman of Chicago-based RYTHM Inc., said, according to Axios.

RYTHM’s Señorita THC drinks have appeared on menus at Navy Pier, the United Center and Chicago music venues including the Vic Theatre. Kovler said the industry’s future depends on establishing regulations that protect consumers while allowing businesses to operate.

The Illinois restrictions arrive as the federal government has delayed its own deadline for tighter hemp product rules until Dec. 11. The state’s law will take effect first, leaving manufacturers and retailers with little time to adjust their businesses.

Some companies are attempting to reformulate products to comply with the new threshold. Chicago-based Herb Light, which makes a 1-milligram THC beverage, said it is developing a version containing 0.4 milligrams of THC per container.

Other manufacturers face a more difficult transition, particularly those whose products contain higher doses or whose businesses depend on sales through conventional retailers.

“It’s like we’re doing a prohibition sequel, even when the first prohibition movie was awful. Zero stars,” Gordy Sang, co-founder of Herb Light, said, according to Axios.

State Rep. Will Guzzardi, a Chicago Democrat who supported the legislation, framed it as a consumer-protection measure and a way to help licensed cannabis businesses compete.

“This bill accomplishes two important goals at once: it gets unregulated intoxicating hemp products off the streets and out of the hands of kids, and it also helps legitimate cannabis businesses compete,” Guzzardi said when the law was signed.

The restrictions are prompting a final round of events for the state’s existing THC beverage market. Chicago-based Plift and other beverage companies are organizing a “Last Call” fundraiser at Duffy’s in Lakeview East on Nov. 10, with plans for a statewide toast at 8 p.m.

Organizers hope to set a record for the largest simultaneous THC beverage toast, though they say Guinness World Records will not recognize the attempt because of its cannabis policies.

After Nov. 11, Illinois consumers seeking THC beverages above the new limit will have to turn to licensed cannabis dispensaries rather than liquor stores and other traditional retailers.