While Jones Soda faces restrictions on selling its cannabis-infused products in several states, the small beverage company is introducing a hemp-based drink that will enable it to reach nearly all of the U.S. market. Last month, the company launched Mary Jones HD9 craft sodas, which obtain their THC from hemp delta-9 instead of traditional cannabis. These sodas are available in four flavors—Root Beer, Orange and Cream, Green Apple, and Berry Lemonade—with plans for more flavors later this year. Most states can purchase the sodas online, except for Alaska, Colorado, Hawaii, Idaho, and Oregon, where legislation prohibits hemp sales.

David Grigsby, senior brand director at Jones Soda, stated that this new line allows the Seattle-based firm to streamline its manufacturing processes, avoiding the complicated state-by-state distribution model associated with its cannabis products. “We’ve been in the beverage industry for 27 years through our mainline Jones Soda offerings, so we have an extensive network of distributors in every state,” Grigsby noted. “That provides us with a significant advantage.”

The 2018 farm bill legalized hemp to support farmers in generating additional income. This legislation inadvertently created a loophole for an unregulated alternative to marijuana, benefiting companies like Jones Soda. The main distinction between marijuana and hemp is that hemp contains minimal THC, with federal law stipulating that hemp products can “contain no more than 0.3% delta-9 THC on a dry-weight basis.”

Grigsby explained that producing hemp-derived products is considerably simpler than producing cannabis products. Companies must navigate state-specific growers, producers, and distributors for cannabis, and transferring THC-infused products across state lines is illegal. “One of the biggest challenges is managing separate packaging and operations in different facilities,” Grigsby said. The HD9 craft sodas will significantly enhance operational efficiency.

With this new product line, Jones Soda can broaden the distribution of Mary Jones to more retail outlets, including grocery and liquor stores, positioning it alongside beer and wine in the traditional beverage market rather than in the cannabis sector. The hemp-derived drinks will initially offer three THC dosages: 2.5, 5, and 10 milligrams per can, allowing consumers in states where cannabis-infused beverages are restricted to gradually experience a “microdose” of THC. “We want to start low and go slow, educating consumers on what works best for them,” Grigsby explained.

Currently, the HD9 sodas are available in retail locations across six states, with expansion plans underway. Jones Soda is also developing other hemp-derived Mary Jones options for more experienced consumers, including higher-dose 20- and 100-milligram cans to be sold at dispensaries.

This strategy of pivoting to hemp delta-9 products for broader distribution is being adopted by other THC beverage brands, such as Cycling Frog and Cloud 8. Grigsby stated that the hemp in these drinks metabolizes similarly to cannabis, making them just as effective for potential consumers. “Most hemp beverages are seltzer-based, but with Mary Jones, we’re offering a full-flavored, great-tasting product for a more indulgent experience,” he added.

While leveraging the farm bill loophole allows brands to enhance their visibility among previously unreachable consumers, some industry experts question the long-term viability of the hemp strategy. Spiros Malandrakis, head beverage industry researcher at Euromonitor International, noted that the farm bill was not intended to enable the sale of hemp-derived THC products. Consequently, the implications of the widespread availability of hemp delta-9 soda remain uncertain. “If kids bring it home, there could be media uproar, prompting states to reconsider their laws,” Malandrakis remarked. “Basing strategies on legislative oversights is precarious.”

Jones Soda continues to pursue its cannabis-derived sodas. This year, the company plans to introduce Fizzy Tab, a low-dose, tablet-shaped hard candy containing 2.5 milligrams of THC per piece, as Grigsby shared with Food Dive in January. Additionally, the company is exploring the incorporation of rainbow calcium citrate into its products, enhancing nutritional value while diversifying its offerings.