Green Light Law Group: Cannabis-Infused Beer: The Potential & Risks

Green Light Law Group: Cannabis-Infused Beer: The Potential & Risks

BY ALICIA ALTENAU, GREEN LIGHT LAW GROUP — Recently, the OLCC decided to officially ban CBD-infused alcoholic beverages, including beer.  This should come as no surprise to anyone following the beer industry.  Beer (and other alcoholic beverage producers) are regulated both at the state and federal level.  The federal entity responsible for overseeing the manufacture, labeling, and product safety in the beer industry is the Alcohol and Tobacco Tax and Trade Bureau (the “TTB”).  Any brewery that desires to produce and sell beers must get a state alcohol license and a TTB permit. For our purposes, we will mostly be discussing “beer” which is defined in the IRS code as fermented from malt or malt substitutes and containing more than 0.5% alcohol by volume (27 CFR § 25.11) and in the Federal Alcohol Act as fermented malted barley AND hops (27 CFR § 7.10).  Different regulations apply for the purposes of taxation, labeling, and formula approval.  Formula approval for “beer” as described in the IRS code is required if, among other things, fruit, honey, herbs, spices or “other food materials” would be added to the beer (27 CFR § 25.55).  Basically, if anything other than malt (or a malt substitute) and hops…

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Source : CANNANNEW REPORT
Link to original : Green Light Law Group: Cannabis-Infused Beer: The Potential & Risks
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