TRIP REPORT
The opening panel at NABCA Legal 2026, " Litigation Update:
What is New and Important to You!"
NABCA LEGAL 2026 by KYLE SWARTZ
Control State staff and alcohol industry members visited our nation’ s capital this past March for the 33rd National Alcohol Beverage Control Association Legal Symposium. Beyond being home to NABCA headquarters, Washington D. C. provided the perfect backdrop for an industry undergoing a time of legal and financial change.
The opening panel,“ Litigation Update: What is New and Important to You!,” touched on the latter topic. Speaker Elizabeth DeConti of GrayRobinson pointed out several numbers from the past year that paint the picture of an industry amidst a pullback. For instance, the number of filings regarding doubts of collection in the industry were up, while 2025 also saw more brewery closings than openings.
“ There are signs of strain,” she said.“ Things are wobbly.”
THE FUTURE OF THC DRINKS
Things are also changing quickly in terms of trends, regulations, and legal ramifications.
Hemp-derived beverages have been a rare bright spot for beverage alcohol retailers in recent years. These THC drinks have proven popular across multiple demographics.
“ We know that these products were not designed by the alcohol industry, but they are, nonetheless, beverages designed to appeal to adult consumers,” said Christine Dower, Counsel, McDermott, Will & Schulte, host of the panel, " Regulations and Enforcement of Marijuana: Sifting through the Haze."
However, as part of the law to reopen the federal government last year, the loophole that permits these drinks on a national level will effectively close, if nothing else happens by Nov. 12, 2026. This includes implementing a new restriction of 0.4 milligrams of total THC per container.
“ The federal law itself might change in the near future in such restrictive a way that these beverages could be greatly diminished or quite possibly disappeared,” said Dower.“ How can we adapt and evolve?”
The need is very real for this swiftly growing category— and the cannabis industry in general.
“ 0.4 milligrams per container is restrictive not just for the THC beverage category, but all hemp-derived products, and also eliminates a lot of the therapeutic products out there, not just the intoxicating products,” said Diana Eberlain, Chair & Founder, Coalition for Adult Beverage Alternatives.“ This is extremely restrictive for all hemp products.”
Eberlain pointed out that“ 0.4 milligrams per container” does not define the container size. Meaning the limitations affect 750−ml. bottles equally as 12−oz. cans, which does not seem to make sense.
The panelists, representing several facets of the legal cannabis industry, all agreed on the answer to this issue: www. stateways. com Summer 2026 • StateWays 7