In the evolving landscape of cannabis and alcohol crossovers, “hemp whiskey” and “THC whiskey” may sound similar to the casual consumer—but from a legal and regulatory perspective, they exist in completely different universes. The distinction isn’t just semantic. It determines how a brand markets its product, the government agencies it must report to, and whether that brand risks enforcement action for misleading advertising.
The Legal Divide: Hemp vs. THC
Under the 2018 Farm Bill, hemp and its derivatives were federally legalized in the United States, provided they contain no more than 0.3% delta-9 THC on a dry-weight basis. This effectively opened the door for alcohol producers to infuse products with hemp seed oil, hemp hearts, or other non-psychoactive plant parts. These ingredients add nutty or earthy flavors and can legally appear on labels approved by the Alcohol and Tobacco Tax and Trade Bureau (TTB).
By contrast, THC whiskey—or any spirit infused with psychoactive cannabinoids—remains illegal under federal law. The TTB, under guidance from the Controlled Substances Act (CSA), refuses to approve formulations or labels containing any Schedule I substances, which includes THC derived from marijuana. Even in states where recreational cannabis is legal, any beverage containing THC cannot be labeled, distributed, or advertised as “whiskey” through federally regulated channels.
The Role of the TTB in Advertising
The TTB regulates both labeling and advertising for distilled spirits to prevent consumer deception and ensure product consistency. In 2023, the agency reiterated that claims referencing “CBD,” “THC,” or “cannabis” in connection with federally approved alcoholic beverages could be considered misleading.
However, hemp whiskey brands such as Humboldt Distillery and Mary Jane’s Primo Hemp Whiskey have navigated these rules successfully by using hemp seed derivatives, not cannabinoids, in their recipes. Their advertisements focus on the flavor profile and sustainability of hemp rather than psychoactive effects. This distinction—emphasizing hemp as an ingredient rather than a controlled substance—is critical to compliance.
The Advertising Gray Area
The rise of digital marketing and social media has made this regulatory balance even trickier. A brand promoting “hemp-infused” whiskey on Instagram or Facebook must ensure its messaging cannot be reasonably interpreted as referencing cannabis intoxication or THC content. Phrases like “high-inspired,” “elevated experience,” or “buzzed flavor” could trigger scrutiny from regulators.
Some states, such as California and Colorado, have adopted clearer state-level advertising frameworks, permitting hemp-derived products with FDA-compliant claims. But because alcohol is federally regulated, the TTB’s federal prohibition still supersedes local permissiveness when products cross state lines or use federally recognized spirits designations.
A Balancing Act for Marketers
For distillers and marketers, the safest route is full transparency and adherence to the TTB Advertising Regulations (27 CFR Part 5). This means explicitly clarifying that hemp whiskey contains no THC, CBD, or other cannabinoids, and that it complies with federal hemp definitions.
The takeaway is simple but crucial: while hemp whiskey can legally play in the mainstream spirits market, THC whiskey remains a state-limited novelty at best—and a federal violation at worst. For now, responsible marketing must toe the fine legal line, celebrating hemp’s place in craft spirits without crossing into the intoxicating territory of THC.