Senior Policy Analyst Tom Opdyke outlines Southern states’ policies on hemp beverages and evolving regulatory considerations
For more information, contact Tom Opdyke, Senior Policy Analyst | topdyke@csg.org
On September 26, 2025, CSG South Senior Policy Analyst Tom Opdyke presented at the South Carolina House Continuing Legal Education (CLE) Seminar, Hot Topics: Cool Explanations, in Columbia. His presentation examined the growing policy and regulatory landscape surrounding hemp beverages in Southern states.
Opdyke noted that hemp beverages emerged as a prominent issue following the 2018 federal farm bill, which legalized the sale of hemp-derived products. Of the 15 Southern states, only Arkansas and Mississippi have enacted effective bans, while Missouri is awaiting the outcome of a court challenge to an executive order prohibiting hemp beverages. Eleven Southern states regulate the products with varying rules on labeling, potency, and age restrictions. South Carolina has not enacted state-level legislation, leaving legality to the federal framework.
The presentation highlighted the market’s rapid growth, with the South accounting for more than half of hemp beverage sales nationwide and leading in online searches for hemp-derived THC. Opdyke emphasized that these products are typically sold as nonalcoholic seltzers, sodas, and teas infused with hemp extracts containing THC. He also noted potential opportunities and risks as states balance consumer demand, food safety oversight, and public health concerns.
Key regulatory approaches across Southern states include requirements for QR codes linking to independent lab reports, clear potency and serving size disclosures, warnings on possible drug test results, and restrictions on packaging that could appeal to children. States differ in their allowable THC concentrations, age restrictions for purchasing or working in the supply chain, and permitting authorities.
Opdyke further discussed federal perspectives, noting that while the Food and Drug Administration views THC as a drug under the Federal Food, Drug, and Cosmetic Act, enforcement has largely focused on products making unsubstantiated health claims. He pointed to ongoing debates about federal oversight, the role of synthetic cannabinoids such as delta-8, and the direction of the next farm bill as important factors shaping the future of hemp beverage regulation.
For more information, view these resources below:
- Presentation slides from the CSG South testimony
- Issue brief by senior policy analyst Tom Opdyke, Hemp Beverages: High Risk or High Reward?
