Support your local businesses

DECORAH — Impact Coffee in Decorah made waves in August 2023 as it began offering a new beverage, Climbing Kites, touted as "Iowa's first cannabis-infused social beverage." The drink, a sparkling water imbued with a hint of delta-9-tetrahydrocannabinol (THC), presents a perfectly legal avenue for consumers over the age of 21 to experience the psychoactive compound found in cannabis, despite recreational marijuana remaining illegal in Iowa. The brainchild of Lua Brewing and Big Grove Brewery teams in Des Moines, Climbing Kites marked a significant step for the state's beverage industry, delving into uncharted territory with its cannabis-infused creation. However, with this significant step comes significant legal questions, and as more and more consumers are becoming aware of the new beverage, many are asking, "How exactly is this legal?" This question can be answered with a surprisingly simple answer: "It's hemp". The Lowdown on Hemp Hemp, a variant of the Cannabis Sativa plant, serves as the primary source of CBD (cannabidiol), a naturally occurring chemical. Unlike marijuana, hemp boasts higher CBD levels and minimal THC content. With its historical use in products like rope and clothing, hemp's legal status underwent a transformation with the Agricultural Improvement Act of 2018, also known as "the 2018 Farm Bill." This legislation redefined hemp and lifted it from the federal Schedule 1 controlled substances list, provided it contains less than 0.3% THC on a dry weight basis. Despite hemp's legality, not all CBD products automatically gain legal status. The critical determinant rests in THC content. Products containing less than 0.3% THC are federally legal under the 2018 Farm Bill. Iowa's 2019 Hemp Act, signed by Governor Kim Reynolds, further solidified the legal landscape, permitting hemp cultivation with low THC concentrations and exempting hemp-derived CBD products from controlled substance status. The oversight of consumable hemp products, including CBD, falls under the purview of the Iowa Department of Inspections and Appeals, ensuring compliance with state laws. Notably, restrictions encompass inhalable products, claims of disease treatment, and items designed for animal consumption. What This Means Going Forward While consumers continue to explore the realms of cannabis-infused beverages, it's essential to understand the legal framework surrounding such products. As previously stated the beverage is only legally available to individuals 21 and older and Iowa's OWI laws still apply to anyone operating a vehicle while impaired. Iowa's laws on recreational marijuana remain strict, but the introduction of hemp-derived products, including beverages like Climbing Kites, showcases a new avenue for businesses to navigate within legal boundaries. With careful oversight from state authorities, including the Iowa Department of Inspections and Appeals, and adherence to established regulations, businesses can capitalize on the growing market for hemp-derived products while ensuring compliance with state laws. As the landscape evolves, continued education and collaboration between industry stakeholders and regulators will be crucial in shaping the future of cannabis-infused beverages in Iowa.

Support your local businesses

TOP STORY: THC seltzers stir legal questions as local sellers dive into hemp drink market