By Pam George
When Elise Kidd reaches for a drink these days, it’s not wine or beer. Instead, she chooses a low-dose THC beverage.
“I love them. They’re my new go-to instead of alcohol,” says the Arden resident.
Vanity Constance Sanders of Wilmington would agree. She’s tried a variety of THC seltzers. “I can say it’s a sensational and body-elevated feeling,” she says.
Sales of the trending drink should get a boost this month during Dry January, the monthlong movement that encourages consumers to abstain from alcohol. But the lifestyle choice isn’t limited to the first of the year. National survey data from Gallup and other sources show that 54 percent of U.S. adults reported drinking alcohol in 2025, which means 46 percent of adults did not report drinking alcohol.
Alternative products such as THC-infused seltzers are making it easy to go alcohol-free. They’re also good for business.
“Right now, the fastest-moving products at Franks Wine are low-dose social seltzers in the 2–5 mg range,” says Frank Pagliaro, who owns the Wilmington store.
Jason Guilano, managing partner with Universal Beverage Importers in New Castle, spearheaded the distribution of THC-infused drinks. He represents about 12 major brands, including the well-known Nowadays, through Prime Beverage Group. He says beverage retailers need the products to stay relevant, especially after the decriminalization of marijuana put a dent in alcohol sales.
At the same time, the drinks exist in a regulatory gray area, shaped by cannabis law, alcohol regulation, and shifting federal policies.
What’s in a Name?
THC (tetrahydrocannabinol) is a chemical found in hemp and marijuana, which differ in potency and regulatory oversight. Cannabis-derived THC beverages are only available in licensed dispensaries under Delaware’s adult-use marijuana system. Regulated like edibles, these beverages are available only to adults 21 and older. They’re capped in potency and earmarked for private consumption.
Products derived from hemp are legal under the 2018 Farm Bill, which recognized hemp as an agricultural commodity in the United States. In Delaware, hemp-derived beverages are sold in liquor stores, smoke shops, and some restaurants, despite the lack of a Delaware statute that specifically governs the beverages.
Indeed, without state guidelines, manufacturers have had to wade through research and development, often taking their cues from states that have regulations.
“It’s our responsibility to look across the country, using common sense and applied science,” says Mike Stiglitz of 2SP Brewing Co., which makes Shady’s THC seltzers. “We sought out the most responsible practices already in place and proven over time in other states and areas of the U.S.A.”
Standing Out in a Crowd
Potency is one way to distinguish the brands, and it pays to read the packaging: The amount of THC listed might be per serving, per ounce, or per can or bottle. Shady’s has 10 mg of THC and 10 mg of CBD. The zero-calorie Sun N’ Shade comes in 5- and 10-mg formulations, a decision based on market research in Minnesota and North Carolina, where the beverages aren’t new, says Mike Reilly, a partner at Dewey Beer Co., which makes the seltzer. Offering a range is common.
Bellefonte Brewing’s High Tide Seltzers weigh in at 25 mg. “It’s a little on the high side, but that was the point,” says owner Joe Jacobs. “We weren’t focused on people who’ve never had anything like this before. We were trying to capture people who were in tune with cannabis products. So, 25 mg of hemp THC seemed to be a better starting point for the experienced user.”
It’s not the highest dose you can buy in some states — Juiced’s Berry Good infused seltzer contains 100 mg of nano-emulsified (water-soluble) particles. (The higher doses are rarely on retail shelves, depending on the state.) At Franks Wine, the “sweet spot” is the low-dose “session-able category,” which appeals to novices, says Pagliaro.
When Greenville Wine & Spirits and Tim’s Liquors in Hockessin began selling THC beverages, customers often asked the staff about potency, especially when purchasing a higher-strength product, says owner Bill Galbraith. Industry experts recommend starting on the low side. Sip slowly until you feel the effect — from 15 to 30 minutes. Seltzers are faster than most edibles and gummies, which can take hours to kick in, Guiliano says. Even so, don’t order another until you’re comfortable with the results, which generally dissipate in an hour or so.
THC levels aren’t the only difference between brands. Albie Masland, founder and CEO of Levitate, says his recipe includes functional ingredients. “I didn’t want to just put weed in the can,” explains Masland, a North Carolinian, whose partner is James Brobyn, owner of Field Supply Cannabis on Kirkwood Highway in Wilmington. (A third partner, Mike Burian, is in Chicago.)
Levitate features cordyceps mushrooms, anti-inflammatories, and L-theanine, a green tea extract, alongside THC. “We wanted additional functional ingredients that would complement THC,” Masland explains. “Our drink tastes good. Some are shockingly horrible.”
Kidd orders Cycling Frog online because she likes the flavors, including ruby grapefruit and wild cherry, made with all-natural fruit juices. A fruity element is common; High Tides has offered blueberry and grape flavors.
Win-Win Endeavor
Whether sold online or in stores, THC beverages are meeting consumer demand. “I like the vibe,” says one Facebook poster who asked to remain anonymous because of job concerns. “It’s not as ‘electric’ as how alcohol feels in the body. It’s mellowing.”
Nowadays was one of the THC beverages available in Delaware.
The ability to relax without alcohol’s effects also appeals to Jena Murray, who owns Cosmic Dog Farm in Ellendale with her husband. She has stopped drinking alcohol altogether.
“I find hemp products more my speed,” says Murray, now director of quality at Nowadays.
Not everyone is a fan. Another Facebook poster said the seltzers “took the edge off my consciousness for a couple of days. I felt less energetic and creative. Not my thing.”
Pagliaro had a similar experience. “It’s not for me, but our customers are loving them.”
That enthusiasm has been good for package stores. THC seltzers are among the few growing categories, says Edward Mulvihill, owner of Peco’s Liquor Store in Bellefonte. “Consumer interest is high with many local producers beginning to step into the market.”
Admittedly, some retailers were initially hesitant, says Giuliano, whose team assembled information on the products’ state and federal legality. He says about half of the state’s off-premises retailers now have one or more THC-infused drinks.
Restaurants, however, remain cautious. The Post in Wilmington’s Forty Acres community carries two brands, including Levitate, which has growing recognition, says owner Dan Sheridan. Many customers order the seltzers on weeknights because they don’t want a hangover the next day but still want to “take the edge off,” he says.
But most restaurants are waiting for more straightforward state guidelines. They would also need staff policies and procedures, particularly because THC beverages don’t produce an instant effect and can lead to overconsumption if customers aren’t careful. Bartenders would also need a keen eye on customers mixing cocktails and THC-infused seltzers.
The Gray Area
As THC-infused beverages grow in popularity, lawmakers are scrambling to catch up. In Delaware, a 2025 bill would have regulated hemp-derived THC drinks in the same manner as alcohol — limiting sales to specific outlets, capping THC levels, and requiring clear labeling — but it was pulled before becoming law, leaving the category largely unregulated.
At the federal level, Congress is moving to close the hemp loophole that allowed most THC beverages to exist. New rules are set to take effect in 2026 that could ban many of today’s products unless a regulated pathway is created.
Many industry experts believe the genie is out of the bottle. “Hemp is a $28 billion business; you can’t shut that down,” Guiliano says. In other states, brands like Levitate are available in coffee shops, bars, and other venues. “There’s too much money involved for this to go away,” says Galbraith, who supports regulating THC beverages through the same three-tier system used for alcohol. Many expect future regulations to cap hemp-derived THC at about 10 mg per serving.
Masland says uncertainty comes with the territory. “You have to be really comfortable being uncomfortable,” he says. Still, he remains optimistic. “We feel very, very confident that there’s a clear path for us to get through the regulatory challenge.”
In the meantime, Galbraith buys through a distributor or, for local breweries that can self-distribute, from people he knows, such as 2SP’s team. Pagliaro prioritizes brands that behave as though they are fully regulated.
“It protects the consumer, and frankly, it protects us as a retailer,” he says.
It’s not easy. Pagliaro verifies that products undergo third-party lab testing, comply with federal hemp rules, and accurately list THC content.
“Some manufacturers are fantastic — they’re ahead of the curve and provide full certificate-of-analysis and chain-of-custody documentation,” he says. “Others, not so much.”
The 2SP THC-infused seltzers have a QR code that leads to a landing page with third-party potency results from accredited labs for the specific batch. Every Sun N’ Shade formula goes to an accredited third-party lab, and a law firm reviews the labels.
“We monitor and track our chain of custody for any ingredient we put into the beverage,” Reilly says.
While lobbyists for the wine, beer, and spirits industries might view THC-infused beverages as usurpers — especially when they’re unregulated — Levitate, for one, is not an anti-alcohol brand, Masland maintains.
“We just think there are better options with different outcomes,” he says, “and it’s up to the individual consumer to make those decisions for themselves.”
Above: Available at Bellefonte Brewing, High Tide Seltzers’ Blueberry Dream is an offering for more-experienced users. Photo by Butch Comegys.
Pam George has been writing about Delaware’s dining scene for two decades, and in 2023 received a Community Impact Award from the Delaware Restaurant Association. She is also the author of Shipwrecks of the Delaware Coast: Tales of Pirates, Squalls and Treasure, Landmarks & Legacies: Exploring Historic Delaware, and First State Plates: Iconic Delaware Restaurants and Recipes. She lives in Wilmington and Lewes.