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Hemp Yourself > Blog > News > ‘Whether or not there is a fix by Nov. 12, beverages will be back,’ Diana Eberlein says of hemp-THC drinks
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‘Whether or not there is a fix by Nov. 12, beverages will be back,’ Diana Eberlein says of hemp-THC drinks

Hemp Yourself
Last updated: July 21, 2026 11:30 pm
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‘Whether or not there is a fix by Nov. 12, beverages will be back,’ Diana Eberlein says of hemp-THC drinks
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Overview of the THC Beverage Landscape

Coalition for Adult Beverage Alternatives Chair and CSP C-Store Cannabis Board member Diana Eberlein (second from left) says she remains confident that a pathway will ultimately be created for low-dose hemp beverages to remain in mainstream retail. | CSP Staff

BevNet Live 2026 Highlights

THC beverages again made a strong showing at BevNet Live 2026, with California-based Dad Grass becoming the third THC beverage to win the event’s New Beverage Showdown. But as noted during the event’s The State of Cannabevs session, it remains the “only beverage category facing an existential crisis” in the form of the looming Nov. 12 federal ban.

Potential Outcomes of the Federal Ban

Panelists outlined three possible scenarios: the ban takes effect as written, Congress extends the deadline or lawmakers pass legislation regulating hemp-derived THC products before Nov. 12. The panel—which included Southern Crown Partners Chief Administrative Officer Justin Ashby, Coalition for Adult Beverage Alternatives Chair and CSP C-Store Cannabis Board member Diana Eberlein, and Daizy’s Social Sodas Founding Partner Jill Johnson—cited several reasons for optimism that a solution could emerge, at least for low-dose THC beverages.

Political Pathways Forward

For one, both Republicans and Democrats have proposed solutions to avoid an outright ban.

“We have more champions at the federal level than ever before,” said Eberlein. “We have more lines in the water…we didn’t have this a year ago.”

Impact of the CBD Program

Another reason for optimism is President Donald Trump’s recently launched CBD program through the Centers for Medicare & Medicaid Services. The federal ban would affect not only THC products, but most CBD products as well.

“In order for that program to continue past Nov. 12, the federal definition (of hemp) has to change,” Eberlein said. “The question is how.”

Challenges and Timing

That question remains unanswered, however, as none of the proposed solutions has gained significant traction and the clock continues to tick. Further complicating matters is the fact that 2026 is an election year, when legislators are often hesitant to take politically risky votes.

“The only thing we know for certain is Nov. 12 is coming,” said Ashby, who is also part of the Beverage Wholesalers for Responsible Regulations.

Market Performance and Consumer Interest

Even amid the uncertainty, the THC beverage category continues to thrive. NielsenIQ recently reported that 50% of adults are interested in trying THC drinks, and sales are up 135% year over year.

“This started with consumer demand, which led to retail demand,” Ashby said. “The retail demand hasn’t stopped because the consumer demand hasn’t stopped.”

Awareness Gap Among Consumers

The challenge, panelists said, is that the category’s success may actually be working against efforts to drive awareness. Because THC beverages remain widely available at major retailers—including a recent expansion by Target—many consumers are unaware the products could become illegal in November.

Retailer Role in Education

Both Ashby and Eberlein said raising awareness is the single most important thing retailers can do to help ensure a positive outcome before Nov. 12.

“We (need to) make sure folks know it’s going to go away,” Ashby said. “It’s key for us to educate our consumers, our retail partners, even our brand partners.”

Grassroots Advocacy Efforts

Eberlein pointed to a grassroots campaign launched by the Wine and Spirit Wholesalers of America (WSWA) that directs consumers to a microsite where they can easily contact elected officials and encourage them to support hemp beverages. She even sported a shirt featuring a QR code linked to the site. (WSWA also has editable, printable assets for retail signage.)

“Wholesalers and retailers are our strongest allies on the Hill,” she said, noting that unlike the relatively young hemp industry, wholesalers and retailers have decades of experience engaging with lawmakers. “They add the credibility that we’re trying to bring to our space.”

Outlook Ahead of the Deadline

Even with reasons for optimism—and even with support from consumers, retailers and wholesalers—Eberlein acknowledged that preserving hemp beverages before the current deadline will be an uphill battle, particularly with midterm elections approaching.

Still, she said she remains confident that a pathway will ultimately be created for low-dose hemp beverages to remain in mainstream retail, even if the current ban takes effect.

“There’s a lot of ways this could go,” she said. “But I want to make clear: whether or not there is a fix by Nov. 12, beverages will be back.”

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