NEW YORK — Cannabis beverages can easily be overlooked in the refrigerated sections of grocery stores, bodegas, and delis throughout New York City. The colorful array of cans, featuring names like Oasis, Cann, Milonga, Cycling Frog, Tempter’s, Gigli, and Mighty Kind, often blends in with iced tea, probiotic sodas, and other wellness-oriented “functional beverages” sharing the shelves.
Although the labels on these cans, in varying font sizes, indicate they contain THC, the psychoactive compound in cannabis, most of the 10 stores visited on a recent trip through South Brooklyn did not display signs warning of their intoxicating nature. Additionally, identification was not requested at the register.
Under New York state law, these drinks are not supposed to be sold in regular retail outlets. Regulations introduced in 2023 restrict THC content to no more than 1 milligram per serving. Nonetheless, products containing up to 100 times that amount were found for sale — from a gourmet deli on a stylish Brooklyn Heights street to a large grocery store near Prospect Park. Most drinks contained 5 to 10 mg, a typical dose for casual users, but high-potency options with 50, 60, or even 100 mg of THC, suitable mainly for heavy users, were readily available.
“It’s not allowed,” Christopher Lackner, head of the Hemp Beverage Alliance trade group, remarked, “but it’s still happening.”
Across the U.S., THC-infused drinks have surged in popularity alongside declining alcohol consumption. Between 500 and 750 brands are vying for an anticipated $1.4 billion in sales by 2026. This widespread availability is due to a loophole from the 2018 Farm Bill, which legalized hemp-derived products, including those with THC.
This loophole allowed companies to market THC-infused products derived from hemp in stores. The loophole is expected to close in November, but the THC beverage industry remains hopeful for a resolution. Recent expansions by major retailers like Target, Circle K, and Sprouts reflect similar optimism. However, health experts caution that these readily available and vaguely labeled drinks pose risks of accidental THC consumption, especially for young people and other vulnerable groups.
“We’ve seen a significant rise in the number of children ingesting THC drinks and other products now that they’re easily accessible,” said Rudy Kink, a pediatric emergency physician at Le Bonheur Children’s Hospital in Memphis, Tenn.
Kink estimates the hospital handles four to five cases weekly, ranging from toddlers drawn to the colorful packaging to teenagers experimenting with cannabis. Occasionally, a teen may mistake a cannabis drink for soda. Patients typically arrive lethargic, disoriented, sometimes nauseous and vomiting, or nearly comatose. Parents are often unaware of the cause until tests reveal THC.
“Teenagers don’t fully understand THC’s effects and the potential medical issues like vomiting and altered mental status,” Kink explained. “I personally would prefer these drinks be clearly marked as THC beverages to prevent confusion.”
A 2025 survey of high-school seniors reported that 8% of females and 10% of males used hemp-based cannabis products in the past year. Meanwhile, a survey of U.S. adults by the Brightfield Group found 14% had consumed hemp-derived THC, with users often being younger, more educated, and earning higher incomes compared to other cannabis users.
Jessica Kruger, a health educator at the University of Buffalo, noted that the cans could benefit from clearer labeling. “People don’t understand nutrition labels, let alone cannabis labels or milligrams,” she said.
Kruger also raised concerns about the lack of testing and scrutiny for THC drinks sold outside state-licensed dispensaries. “You don’t know if there’s contaminants or the THC to CBD ratio,” she said. “They can claim whatever they want.”
The health risks of accidentally consuming a THC drink
With the rise in availability of hemp-based cannabis products like THC drinks, gummies, and vapes over the past five years, an increase in pediatric poisonings has been observed, according to Matthew Rossheim, an associate professor at UNT Health Fort Worth who focuses on retail cannabis products.
A study published in the Journal of Addiction Medicine showed that calls to poison centers regarding cannabis exposure in children under 6 rose by over 6,000% from 2009 to 2024, with a 13,000% increase for ages 6 to 12. Another study of 27 children under 14 with suspected delta-8 product exposure found that 30% needed intensive care, with 22% experiencing breathing difficulties and 59% requiring IV fluids.
Rossheim also highlighted an increase in ER visits from cannabis-induced psychosis. A study of Northern California teens found cannabis use was associated with a higher risk of psychotic and bipolar disorders.
“We’ve had parents who thought their child was buying CBD, and so did the child, until psychosis developed,” noted Diane Carlson, co-founder and national policy director for One Chance to Grow Up, which aims to protect young people from THC’s harmful effects.
In Ohio, the director of outpatient psychiatric services at Licking Memorial Hospital reported an increase in ER visits related to THC drinks, with patients “actively psychotic.” On Reddit, users discuss various mishaps, including mixing medication with a THC drink, mistaking it for a trendy soda, and concerns over taking larger doses or failing drug tests for work.
Many people might not be familiar with THC’s meaning. “They might think it’s just a wellness drink or something else non-intoxicating,” said Tory Spindle, associate professor at Johns Hopkins Medicine studying cannabis effects.
The worst-case scenario, he noted, “is someone unknowingly consuming THC and then driving under its influence.”
According to Spindle, THC drinks may pose unique risks compared to other cannabis products.
In a study, he gave participants THC drinks and edibles. His findings indicate that drink effects begin within 15 to 20 minutes, peaking around 30-45 minutes. In contrast, edibles like brownies or gummies take about an hour to take effect and peak after two to three hours. A 10-mg beverage appears more potent than a 10-mg gummy.
These findings have significant implications, Spindle said. Even those aware of drinking THC may not realize how quickly it can affect response times and judgment.
He also found that cannabis products are often mislabeled, either underestimating or overestimating THC content.
Hemp-derived products are more likely to be inaccurately labeled and may contain contaminants compared to those sold in state-licensed dispensaries, as there is no regulatory oversight, he said. While he hasn’t specifically studied THC drink labels, he commented, “I’d be surprised if the results differed from our past findings.”
How groceries and delis market THC drinks
Lackner, of the Hemp Beverage Alliance, believes THC drinks should be marketed, labeled, and shelved like other adult beverages, with customers required to show ID proving they are at least 21 years old.
For now, if drinks are shelved with nonalcoholic beverages, Lackner suggests there should be signage indicating they contain THC. In many states, however, there is a “self-regulatory scheme for reputable retailers,” he said.
State laws on hemp-derived THC vary widely and are often changing. In Ohio, for instance, a law banning most products aimed at THC drinks took effect this spring, but some drinks returned to shelves in July after a federal judge temporarily blocked the law. Alaska and Washington have had some success in restricting THC products outside state-licensed dispensaries, Rossheim noted, though enforcement is generally low.
Target currently sells THC drinks in Florida, Illinois, Minnesota, and Texas. A Target spokesperson told STAT that the retailer requires IDs for THC beverage purchases, displays them next to other adult drinks, and has “dedicated signage up in stores that carry THC products (even when it’s not required by state law).”
During a visit to a Target store in Austin, Texas, THC drinks were prominently displayed on an end cap at the end of aisles, a spot brands often pay extra to secure.
A large sign, positioned above eye level, identified them as THC-infused drinks. Lower down, a smaller sign with a warning label read “these products contain THC,” noting that buyers must be 21 and not drive under THC’s influence. Thin green strips stating “these drinks contain THC” lined the shelves.
In Brooklyn, N.Y., grocery stores and bodegas were less deliberate. At a Brooklyn Heights deli, THC drinks were placed below Nesquik, blending into probiotic sodas, with no indication of their intoxicating nature.
Some stores had labels showing brand names and prices, which may or may not mention THC content. They were generally stocked alongside lemonade, energy drinks, and coconut water instead of alcoholic beverages.
At a Minnesota co-op, the drinks were unmarked and shelved beside cold brews.
A spokesperson for the National Grocers Association mentioned that hemp-derived beverage regulations vary by state. “We encourage retailers to comply with all federal, state, and local laws and to collaborate closely with regulators and suppliers to ensure products are marketed and labeled appropriately,” the spokesperson said.
New York’s Office of Cannabis Management did not respond to a request for comment regarding THC drinks in retail stores.
Will THC beverages actually get banned?
Responsible use of cannabis beverages may offer benefits. Jessica Kruger of the University of Buffalo sees potential for these drinks as a harm reduction alternative to alcohol. In a study she co-authored, individuals consuming one THC drink daily drank less alcohol and were less likely to binge drink. “Most people aren’t drinking back-to-back cannabis beverages” like they might with alcohol, she said.
However, long-term data on the health impacts of consuming one THC drink daily for 20 years is lacking. Due to federal restrictions, “we can’t study cannabis like we study alcohol,” she noted.
The alcohol industry is divided on THC drinks. Manufacturers are considering entering the lucrative cannabis drinks market or supporting the closure of the Farm Bill loophole, while many liquor stores and breweries want to keep selling THC drinks to compensate for declining alcohol sales.
Looking ahead, Lackner from the Hemp Beverage Alliance remains optimistic about the looming ban on hemp-derived beverages set for November. Several legislative proposals have been introduced in Congress, suggesting potential solutions ranging from delays to new regulatory pathways for THC drinks and state opt-out options.
Industry insiders have been told by congressional staffers that “Congress is good at acting at the last minute and deferring decisions. Although we face an awkward situation with five months until the ban, we remain confident that cooler heads will prevail.”
While awaiting congressional action, some industry players, including Cann and Cantrip founders, are launching non-THC beverages as a precaution. However, many continue to produce THC drinks at high volumes. “Demand is through the roof,” Lackner said. “If you’re a manufacturer, you produce until you can’t anymore.”
More than 100 distributors attended the recent hemp beverage expo in Austin, Texas. “I don’t think people attend an expo for a category on the brink of extinction,” he said. “Certainly not in June in Texas.”
STAT’s coverage of chronic health issues is supported by a grant from Bloomberg Philanthropies. Our financial supporters are not involved in any decisions about our journalism.
