Connecticut Faces THC-Infused Seltzer 'Loophole' in Cannabis Regulations

Connecticut Faces THC-Infused Seltzer ‘Loophole’ in Cannabis Regulations

Recent investigations by CT Insider have brought to light an emerging trend in Connecticut, where liquor stores and other markets are exploiting what appears to be a legal “loophole” to sell THC-infused seltzers, effectively sidestepping state cannabis regulations through manipulations of product serving sizes.

Despite Connecticut’s legalization of cannabis in 2021 and the commencement of adult-use sales in January 2023 through state-licensed dispensaries, the loophole at the center of the issue revolves around the specified serving sizes of THC-infused seltzer products. State law strictly confines the sale of cannabis consumables, encompassing edibles and beverages, to licensed dispensaries. Nevertheless, certain products are finding their way into convenience stores and state-licensed liquor stores by tweaking the listings of serving sizes.

As per a spokesperson from the Connecticut Department of Consumer Protection, a product with less than 1 milligram of THC per serving and less than 5 milligrams per package falls outside the classification of cannabis. This technicality allows for the production and sale of such products without requiring a cannabis license.

Exploiting this regulatory nuance, manufacturers are reportedly crafting products with an overall THC content under five milligrams and labeling them with more than five servings, irrespective of the actual volume of the product, typically ranging from 7.5 to 12 ounces.

State Representative Michael D’Agostino (D) acknowledged the fluid nature of the situation, emphasizing, “This is constantly evolving, and we realized as a committee that we’ve got to get further ahead of this, so that’s why this session we’re going to be changing that definition to make it even just a more bright line rule.”

While regulators grapple with these challenges, additional recent developments in Connecticut include the doubling of cannabis purchasing limits from 7 to 14 grams per transaction. 

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