A new THC-infused seltzer is now available in Colorado and, in a departure from cannabis norms, locals don’t need to go to a dispensary to purchase it.
That’s because Cann seltzers are made with tetrahydrocannabinol (THC) and cannabidiol (CBD) extracted from hemp rather than from marijuana. In Colorado, marijuana can only be sold by heavily regulated dispensaries or recreational pot shops. But since hemp isn’t a federally controlled substance, products derived from it can be sold anywhere.
In January, Cann launched one of its product lines, called Lo Boys, in 30 Colorado stores and bars, said Dave Briggs, vice president of business development. Each 12-ounce can is infused with 1 milligram of THC — a relatively small amount — and 15 milligrams of CBD. These non-alcoholic bubbly beverages come in flavors like grapefruit-rosemary and lemon-lavender.
Will Cann get you high? It’s possible.
THC is the mind-altering compound found in both marijuana and hemp that’s known for producing a “high.” Drinking a single Cann Lo Boy likely won’t provide the same experience as hitting a bowl, but after a few, drinkers could feel the effects of both the THC and the CBD, which isn’t psychoactive, like they do from other edibles.
That’s, in part, why customers still need to be at least 21 years old to purchase Cann. It’s available primarily at local liquor stores along the Front Range, including Applejack Wine & Spirits’ three locations. However, the company aspires to sell its beverages in restaurants and other retail establishments, offering customers an alternative to alcohol.
The Snow Lodge in Aspen, for example, sells Cann during its Après Ski Concerts in the courtyard of the St. Regis Hotel Resort as well as in its restaurant and music lounge. Estes Park’s The Barrel beer bar also sells them.
“Primarily, volume moves through liquor stores, but on my trips back home to Colorado, I’m talking to grocery stores, I’m talking to restaurants, virtual golf lounges, golf courses,” said Briggs. “I think music venues are certainly what we were made for. I don’t see anything stopping us from being in major sporting venues.”
The brainchild of Los Angles-based duo Jake Bullock and Luke Anderson, Cann first came on the scene in 2019. The founders’ goal was to find a way to weave cannabis into the country’s “drink-obsessed culture,” Briggs said, and craft a beverage that would have less of a physical impact than beer, wine and spirits. (Read: No hangovers.)
Increased cultural acceptance of cannabis coupled with a post-pandemic desire to cut back on alcohol consumption led to a “spontaneous combustion of demand,” Briggs said. The company is on track to sell 9 to 10 million cans this year, Bullock told The Denver Post.
Where Cann is allowed to be sold has evolved significantly over the business’ short lifespan, and speaks to the convoluted nature of cannabis regulations. Cann first launched in dispensaries in California before it began selling directly to consumers online.
The company’s first beverages were 8-ounce seltzers infused with 2 milligrams of THC and 4 milligrams of CBD. It also rolled out half-ounce pocket shots called Roadies with the same dosage. Since then, the company created Hi Boys seltzers (5 milligrams of THC, 10 milligrams of CBD) and of course the Lo Boys.
“We only extract the THC and CBD from hemp naturally,” said Bullock. “Even though it’s more expensive to do that, hemp is more abundant and operates in different a regulatory framework. It ends up netting out in a positive direction for us. ”
Cann is only permitted to sell certain products in certain states, however, because each one has its own laws governing marijuana and what’s come to be known as intoxicating hemp.
Both hemp and marijuana are cannabis plants, distinguished only by their THC content. The 2014 Farm Bill defined strains of cannabis with less than 0.3% THC as hemp. Strains that exceed that limit are classified as marijuana.
The 2018 Farm Bill removed hemp from the Controlled Substances Act and legalized its cultivation nationwide, which enabled the proliferation of CBD products. Hemp can also be used to manufacture non-consumable products like clothing, building materials and bioplastics. Meanwhile, marijuana remains a Schedule I substance.
Even though hemp is low in THC, the cannabinoid can be extracted and concentrated into doses that cause intoxication. Federal legalization effectively created an avenue for THC drinks, edibles, vapes and more to reach every corner of the U.S., including markets where marijuana remains illegal.
In Colorado, which ended marijuana prohibition a decade ago, regulators could only react to the intoxicating hemp phenomenon. In 2023, the state codified guidelines to govern its production and distribution. Hemp-derived products sold within the state must maintain at least a 15:1 CBD-to-THC ratio, like Cann’s Lo Boys. Products that contain anything less than a 20:1 ratio can only be sold to adults 21 years old and up.
While companies here may produce what’s called “safe harbor” hemp products – meaning those with more equitable ratios of CBD and THC – they cannot sell them in Colorado. That’s because safe harbor items have enough THC or THC-like cannabinoids to mimic marijuana and cause intoxication, said Jeff Lawrence, director of the Division of Environmental Health and Sustainability at the Colorado Department of Public Health and Environment.
The law prohibits all sales of hemp products that don’t meet the ratio requirements, even if they can be ordered online and shipped directly to consumers. Lawrence, who answered The Denver Post’s questions via email, said he is not aware of any hemp companies breaking the law. Any caught in willful violation could receive up to a $10,000-per-day fine.
“We want consumers to make informed decisions that best suit them, and to be aware that products produced from hemp are not necessarily THC-free,” Lawrence said. “We encourage Coloradans to carefully read labels and any other available product information about products they consume.”
Although the regulations are new, they are necessary to help protect consumers and the state’s legal marijuana businesses, said Truman Bradley, executive director of the Marijuana Industry Group (MIG). There were previously few guardrails in place to ensure kids under 21 could not obtain intoxicating hemp products, he said. MIG, which was active in regulatory discussions, also advocated limiting the total amount of THC per packaged good to help promote responsible consumption.
“If you imagine each gummy having a certain amount of THC in it, we didn’t want you to be able to buy 500 gummies in a container,” Bradley said.
All of this aims to also level the playing field between businesses that deal in the same intoxicating compound – cannabis-derived THC – but are often subject to vastly different regulations because hemp is federally legal and marijuana is not. For example, regulated marijuana products are tracked from seed to sale in Colorado while those using hemp are not.
“It leads to a broader question around, what is the appropriate level of regulation for various products containing THC?” Bradley said. “Colorado was the first state to legalize and understandably, they took a very strict approach to regulation. This had never been done before. But now that somebody can walk into a liquor store – or in many other states can get THC shipped directly to their house, on a subscription no less – it’s worth having the larger question about all products containing THC.”
Bullock said his goal wasn’t to compete with edibles and pre-rolled joints as much as it was to compete with beer, wine and liquor. However, he believes low-dose THC products like Cann will help promote consumer education and responsible consumption.
Bullock, who is from Denver, likened it to growing up in Colorado when grocery stores were limited to selling beer capped at 3.2% ABV. If you wanted “the real stuff,” you had to go to a liquor store.
“That’s kind of what we’re talking about here,” Bullock said. “For the lowest potency THC product, you can buy it in a grocery store or a liquor store. But if you want the higher stuff, you need to go into a dispensary and talk to somebody who will hold your hand in a more concrete way around the risk, because it’s a higher-risk product.”
“The world we want to exist is one where this product is sold alongside beer and wine,” he continued, “because that’s ultimately the societal challenge we’re trying to solve here.”
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