Herbal Profiles #94

A closer look at why THC drink labels keep getting flagged—and what brands are doing to cope.

Lars Miller
June 20, 2025

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News Round Up

Facebook and Instagram Lift Search Restrictions on Marijuana Terms - Meta appears to have quietly removed search result blocks on terms like “marijuana” and “cannabis” on both Facebook and Instagram.
Newsom Administration Moves to Ban Hemp THC in California - California regulators announced plans to permanently ban the sale of hemp-derived THC products in food, beverages, and supplements.
Delaware Lawmaker Withdraws Bill to Ban Hemp-Derived THC Beverages - A bill aiming to prohibit hemp-derived THC drinks and edibles in Delaware was withdrawn by its sponsor after facing public pushback.
Rhode Island House Considers Stricter Rules for Hemp THC Beverages - A new proposal in the Rhode Island House would increase oversight of hemp-derived THC beverages, including potential licensing requirements.
Tilray Expands Cannabis Beverage Portfolio Toward Wellness - Tilray is investing in new cannabis beverage lines focused on functional wellness and expanding distribution in North America.
Cann’s Aperol Spritz-Inspired THC Drink Gets Reviewed - A new review from Delish praises Cann’s seasonal Aperol Spritz-inspired THC beverage for its flavor and social buzz.

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Why THC and Hemp Drinks Keep Getting Caught in the Labeling Gray Area

Brands making THC drinks and hemp drinks are having a tough time figuring out how to label their products the right way. The rules keep changing, and even when companies try to follow them, they still get different answers from different people. It’s not just confusing—it’s frustrating and costly.

The biggest problem? No one really knows exactly what the rules are, or who gets to decide if a label is okay. In one state, your label might pass an inspection. In another, the same label might get rejected. That makes it hard to run a business, especially when you’re trying to stay legal.

Across states like Florida and North Carolina, THC and hemp drink makers are getting mixed messages about what’s okay and what’s not. Some brands are being told to stop using fruit pictures on their cans because it might appeal to kids. Others are being warned that their cans need special caps to keep children from opening them. One founder said they asked two different state officials about the same label and got two totally opposite responses.

"We followed the rules and got a lawyer to check, and we still had issues," the founder said. "There’s no clear answer."

No Set Rules, Just Guessing

States often mention something called ASTM standards. These are technical rules that explain how packaging should be made, especially when it comes to safety. One example is making sure young kids can’t easily open the product. But even these rules can be hard to understand. One inspector might say a can is fine. Another might say it opens too easily and fails the test.

In Florida, new rules about childproof caps and fruit-themed designs have made companies nervous. Some brands are changing their packaging before they even get told to do so—just to be safe. One THC drink brand took the fruit pictures off their cans after a big store said they might have to stop selling them if the images stayed.

"You hear things, you see others making changes, and then you spend a bunch of money changing your label just in case," said a co-founder from a growing brand. "You don’t want to be the one caught off guard."

Things get even trickier when a company sells hemp drinks in more than one state. In North Carolina, new laws might require safety warnings and seal requirements. But it’s not clear if these would apply to brands from other states. One manufacturer saw a proposed $25,000 licensing fee and wondered if they’d have to pay it even though they don’t live or work in North Carolina.

Lawyers Help—But It’s Expensive

In theory, companies could hire lawyers in every state to look over each THC drink label. But that costs a lot of money. For small businesses or new brands, that’s a heavy burden. Even when they do hire legal help, lawyers often say they can't guarantee anything. That’s because state laws change so often, and they don’t always explain what’s allowed in plain language.

Some hemp drink companies are turning to outside advisors or buying guides that explain the rules. These can help, but they’re not perfect. Most of them are based on what worked before, not on what’s definitely approved now. One brand owner said, "Even the lawyers say, 'this should work' – not 'this will work.' That’s not very comforting when you’re making big decisions."

The cost of fixing a label that gets rejected can be huge. Brands might have to print new cans, recall products, or even pay fines. That makes some companies overly cautious. They play it safe by spending more upfront, even if it’s not required—just to avoid bigger problems later.

Turning to Each Other for Help

With no official rulebook, THC and hemp drink makers are leaning on each other for help. Many are part of group chats, online forums, or private industry Slack channels. They ask questions, share updates, and post pictures of their labels to see what others think.

This kind of peer advice can be helpful, but it’s not a perfect solution. What works for one brand might not work for another. Just because one product hasn’t been flagged doesn’t mean it won’t be in the future. "We all take different risks, but the fines are the same," said a leader from a national brand.

Some brands are even copying label formats from competitors who haven’t had problems yet. But this can lead to more confusion. If one company gets pulled later, others might be in trouble too. Everyone’s trying to stay ahead of a moving target.

Until states create clear, easy-to-follow, and consistent rules, THC and hemp drink brands will keep guessing. They’ll spend time and money updating labels, stress over surprise inspections, and wonder what the rules really are.

Bottom Line: The packaging problem for THC drinks and hemp drinks isn’t just about following the rules—it’s about not knowing what they are. And for now, the smartest move might be to overprepare, even if no one’s checking. Because guessing wrong could cost more than just a redesign.