Minnesota law allows THC on tap, but US House bill would stop the flow

What have you got on tap? More than just beer.

Earlier this month, the sale of hemp-derived THC -infused drinks on tap at breweries went into effect across Minnesota, but a recently amended bill in the U.S. Congress could severely restrict the new menu option.

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So, how does this new law affect taprooms, and what could the federal bill do to change that? Here's what you need to know.

What is Minnesota's new THC tap law?

Since the partial allowance of cannabis two years ago, the THC-infused drink industry in Minnesota sky-rocketed to a $200 million industry and has worked to expand its reach. Prior to July 1, vendors were allowed to sell the beverages in pre-packaged cans. Now, breweries can pour it straight from the tap.

The new THC tap law was approved by the Minnesota state legislature in 2023 and was originally slated to take effect next year but was moved up this past session. And Jules Bistro owner Donella Westphal was the first in St. Cloud to apply for the license.

Westphal told the St. Cloud Times in an email earlier this month that the change will be beneficial to not only her business but also customers.

"A move like this would likely lead to lower costs for our guests, and it would also reduce packaging and environmental impact,” Westphal said in an email.

Jules Bistro currently sells packaged THC-infused beverages for purchase, and Westphal is interested in going further with offering customers these drinks on tap, but even with the new law, the future of THC-infused drinks is unclear.

“Can a tap product be poured in a way that there is consistency in the potency of each serving?" Westphal questioned. "How do we responsibly communicate product information to our guests and meet the current requirements for labeling? And what are the best practices for maintaining and cleaning tap lines with this new offering?”

Despite this new change to Minnesota laws, a bill on the steps of Congress could shake up access to this new freedom for brewers across the country.

More: Looking to cool off? Six ice cream shops to check out near St. Cloud this summer

What is the Farm Bill?

The Farm Bill is a $1.5 trillion piece of federal legislation passed about every five years and provides mandatory funding and regulations for farming and agricultural practices.

Along with climate policy and SNAP funding, this year's legislation is attempting to take a hit at the hemp industry.

Gretchen Gailey, a cannabis industry expert and co-founder of the hemp policy lobbying group American Cannabis Collective out of Washington, D.C., said that the bill is an attempt at closing loopholes opened by the 2018 Farm Bill version.

In May, Minnesota Attorney General Keith Ellison, DFL, and 21 other attorneys general wrote a letter to Congress urging the bodies to address federal regulation of hemp products, saying the definition from the previous bill exposed children and teenagers to more potent forms of cannabis in attractive candy forms.

That same month, an amendment from U.S. Rep. Mary Miller, R-Ill., made its way into the U.S. House draft of the Farm Bill that redefines hemp as "naturally, occurring, naturally derived and non-intoxicating cannabinoids," making intoxicating and synthetic, manipulated to enhance high received off the substance, cannabinoids like most delta-8 THC products, commonly found in infused drinks, illegal and would effectively put an end to the $28 billion industry.

"If it is not naturally occurring in the hemp plant," Gailey said, "then it's illegal."

The legal level of THC in hemp is 0.3%, and Minnesota already does not allow synthetic cannabinoids. The more undefined territory is on whether or not these lower-level cannabinoids are non-intoxicating. The effects vary widely from user to user, and some may experience inebriating effects even at a low level.

The bill would, Gailey said, ban all potency enhancers to hemp. She called the number "arbitrary."

The psychoactive compound found in a cannabis plant is often used recreationally as well as medicinally to treat cases of physical ailments like chronic pain, Crohn's disease and psychological disorders like post-traumatic stress disorder and anxiety.

In 2022, Minnesota legalized small amounts of hemp-derived THC and last year, the state legalized recreational marijuana, becoming the 23rd state to do so.

"Congress just can't keep up with the science; they haven't even kept up with the legalization as it's going," Gailey said.

Gailey's solution to nationwide confusion over the legalization of cannabis? Regulate it, not ban it.

She said the industry is "going to come up with more cannabinoids," and Congress is "never going to be able to keep up."

The now-stalled Farm Bill and the hemp-threatening Miller Amendment have a long way before it makes it into law with a divided Congress. Until the bill makes progress through the chambers, it will be business as usual.

— Sam Woodward is the Minnesota elections reporting fellow for USA Today. You can reach her at swoodward@gannett.com , on X @woodyreports, or on Threads @samjowoody

This article originally appeared on St. Cloud Times: Minnesota law allows THC on tap, but US House bill would stop the flow