The association sent a letter to Congressional leadership in support of regulations that would set standards for age verification, production and quality assurances, marketing and labeling requirements, dosing disclosures and operationalizable impairment standards.

The group also said that the framework should help state and local governments tailor market-specific rules, similar to the way alcoholic beverages are regulated.

“Consumers have made it clear that they want hemp-derived THC beverages,” Sean Kennedy, chief advocacy officer for the association, said in a statement. “The only question is whether Washington will create a way they can enjoy them safely or if they will allow a thriving market supporting small business owners to disappear because they wouldn’t create a sensible regulatory framework.”

Hemp-derived THC beverages were made legal in 2018, when the Farm Bill that year effectively legalized hemp containing no more than 0.3% delta-9 THC. That led to the development of products based on THC that are sold in a number of states under a variety of regulations and standards.

But last year, President Trump signed into law legislation that would effectively ban THC beverages. The association wants the ban delayed for two years to provide an opportunity to establish regulations around the product.

The ban would fly in the face of a rapidly growing market. Legal sales of THC beverages of all types topped $1 billion in 2024, according to Whitney Economics, which estimates that the market for the drinks could be $14.9 billion.

There is some legislation that would clarify the regulations, including one, the Hemp-Derived Beverage Regulatory Clarify Act, which would allow adults 21 and over to buy hemp THC drinks with up to five milligrams of delta-9 THC per serving. It would also impose a 10-cent federal tax per milligram.

Relatively few restaurant chains have added THC beverages to their menus, though Logan’s Roadhouse just started testing three THC cocktails at its locations in Texas. Independent restaurants in states where the product is legal have been far more willing to experiment with THC beverages.

The National Restaurant Association said that 5% of restaurants that serve alcohol currently offer such beverages, but 26% are interested in doing so pending regulatory framework.

“Consumer demand for THC beverages is driven by a shift in drinking habits, particularly among younger diners whose lifestyles are diverging from traditional beverage alcohol,” Kennedy said. “For operators, especially those running high-volume beverage venues, these products offer an alternative for guests who want a social drinking experience without alcohol.”

The association argues that this is a sales and profit issue for its members: Pretax profit margins at full-service restaurants fell to 2.8% in 2024 from 4% in 2019. And 42% of operators said they did not generate a profit last year at all.