High times in Virginia: legal THC seltzers emerge statewide

Virginians wanting to experience calm, mellow vibes without dealing with the haze of strong cannabis products or the tortuous hangovers of alcoholic beverages are in luck, as a new kind of THC-infused beverage is now selling throughout the state. And the best part? It’s completely legal.

Mountain High Seltzer announced earlier this month that its beverage is the first legal THC seltzer to be distributed statewide by major companies, Hoffman Beverage and Virginia Eagle Distributing, an Anheuser-Busch wholesaler. The milestone is a significant win for Mountain High Seltzer Founder and CEO Joe Kuhn, who has delivered the product after years of pivoting and navigating challenges in Virginia’s complex and shifting cannabis laws.

“We are currently the only THC beverage, hemp-derived, to be distributed by bigger players,” Kuhn said.

A functional buzz

Consumers of the Mountain High Seltzer can start feeling its relaxing effects in as little as 10 to 15 minutes. The new beverage contains just 30 calories and zero alcohol, featuring a fast-acting blend of 2 milligrams of THC and 4 milligrams of CBD. Kuhn said when developing the drink, he wanted to provide consumers with a refreshment that offered “good vibes” and made their day better while keeping them functional.

“My motto for our company is, I want you to find your dose, not the dose to find you,” Kuhn said. “I like a lighter dose … like I want someone to relax, have an experience, nice and light, unwind after work kind of thing. I’m not in the business of inebriating people. That is what I do not want to do.”

So far, the seltzers are available in two flavors: Lemon Lime and Wild Berry. A four-pack retails for $17.99.

Company beginnings

Kuhn began his business under the name Albemarle Hemp Co. in 2019 in Crozet, starting with $2,000 of his own money. His initial work involved consulting with farmers on how to grow hemp, based on the laws in effect at the time, as outlined in the 2018 federal Farm Bill.

The business soon expanded to include cannabis education, outreach and product development. He described himself as an independent “one man show” who slowly built up a following. His friend Blake DeMaso, an entrepreneur in the advertising and publishing industry, eventually joined the company and became a co-owner.

Although Gov. Glenn Youngkin‘s administration tightened cannabis laws, Kuhn found ways to pivot legally. In early 2024, he began developing the Mountain High Seltzer, which would become the name of his new product as well as the rebranded name for his company.

While it is illegal to sell marijuana in Virginia for recreational use, the law does allow the sale of hemp-derived products — albeit with some significant restrictions. One of those restrictions, according to the Virginia Department of Agriculture and Consumer Services, is that hemp products may not exceed 0.3% total THC and may not have more than 2 milligrams of total THC per package unless the product’s CBD-to-THC ratio is at least 25 parts CBD for every one part THC.

Both Kuhn and DeMaso noted that THC beverages offered in different states can have significantly higher amounts of THC. The two men believe that 5 milligrams would be ideal for the drink and hope state laws will eventually change to allow that amount.

“Two milligrams is a little light,” Kuhn said. “And in my personal opinion, anything over 10 milligrams is way too much in a beverage.”

The beverage started being sold in small amounts in spring 2024 and was added to the VDACS‘ Voluntary Registry of Compliant Edible Hemp Products in November 2024. While drinks that adhere to state laws can still be sold without being on the list, Kuhn says having that “stamp of approval” was essential for getting the beverage out to larger audiences, as it helps assure businesses that the drink is compliant with the law.

DeMaso said Mountain High Seltzer partnered with Blue Mountain Brewery in March to produce the canned beverage. Previously, a small microbrewery in Lynchburg called Three Roads Brewing had made the drink. DeMaso said Hoffman and Virginia Eagle came on board as distributors in May. The drink is now sold throughout Virginia and at all 20 Total Wine & More locations in the state.

A growing industry

Mountain High is not alone in the budding THC seltzer space, as several products from different companies have emerged within the past year. Pure Shenandoah, an Elkton-based, family-run CBD and hemp products business, has found success in this market with its drink called Buzzin’ Berry.

The Buzzin’ Berry also contains 2 milligrams of THC and was the first THC seltzer added to VDACS’ voluntary registry of compliant products in June 2024, several months before Mountain High Seltzer. The drink can be found in Total Wine stores, where it sells about 50,000 cans a month.

Tanner Johnson, Pure Shenandoah’s CEO, said his product is a mixed berry flavor that tastes like a light soda. He said most people “absolutely love it” and that one drink creates a light, subtle relaxation. A second or third will give consumers a buzz. At nighttime, he said, it helps with sleep.

The Buzzin’ Berry is one of the fastest-growing segments of the Pure Shenandoah business. It can be purchased in over 150 stores around Virginia, and the company expects to reach the 500-plus mark by the end of the year.

Like Kuhn, Johnson feels the 2-milligram limit for seltzers is too restrictive and would prefer to offer a drink in the 5-to-10-milligram range.

“But just as politics goes, you know, the pendulum swings one way, and then it kind of swings back the other,” Johnson said. “We’re hoping to see a little bit of correction on the hemp side next year as well.”

For now, the company is self-distributing, but Johnson says he is currently in talks with several mass distributors and also plans to add other THC seltzers with other flavors soon. Johnson says restaurants, bars and breweries throughout the state are increasingly wanting THC seltzer products and that the seltzers are bringing new customers into the THC market.

Kuhn says that right now, the goal of his company is to make the seltzer product well-known throughout Virginia, demonstrating to consumers what a light cannabis product is, how it can serve as an alternative to other adult beverages, and how it can benefit their day-to-day activities. Eventually, he’d like to see the drink make its way into grocery stores and maybe even receive national distribution.

“Part of my dream is to have it be a drink that normalizes cannabis and would be available in the over 21 section of a grocery store, convenience stores, you know, stuff like that,” Kuhn said.