{"id":8177,"date":"2018-04-03T19:19:20","date_gmt":"2018-04-03T19:19:20","guid":{"rendered":"https:\/\/www.denverpost.com?p=3005205&amp;preview_id=3005205"},"modified":"2018-04-03T19:19:20","modified_gmt":"2018-04-03T19:19:20","slug":"new-belgiums-new-hemp-beer-is-on-tap-now-except-in-kansas-heres-why","status":"publish","type":"post","link":"https:\/\/cannitrol.com\/blog\/new-belgiums-new-hemp-beer-is-on-tap-now-except-in-kansas-heres-why\/","title":{"rendered":"New Belgium\u2019s new hemp beer is on tap now, except in Kansas. Here\u2019s why."},"content":{"rendered":"<div id=\"wp_fb_like_button\" style=\"margin:5px 0 5px 5px;float:right;height:100px;\"><script src=\"http:\/\/connect.facebook.net\/en_US\/all.js#xfbml=1\"><\/script><fb:like href=\"https:\/\/cannitrol.com\/blog\/new-belgiums-new-hemp-beer-is-on-tap-now-except-in-kansas-heres-why\/\" send=\"true\" layout=\"standard\" width=\"450\" show_faces=\"false\" font=\"arial\" action=\"like\" colorscheme=\"light\"><\/fb:like><\/div><div class=\"row\">\n<div class=\"large-10 large-centered small-12 columns\">\n<p>Beer aficionados and hemp advocates across the country can now toast a pint of <a href=\"https:\/\/www.thecannabist.co\/2018\/03\/23\/all-hail-the-hemperor-new-belgium-brewery-launches-hemp-beer\/102180\/\">New Belgium\u2019s Hemperor HPA<\/a>.<\/p>\n<p>Except in Kansas, where the craft brew \u2014 like hemp \u2014 is banned.<\/p>\n<figure class=\"figure wp-caption alignright\"><img loading=\"lazy\" class=\"size-medium wp-image-102208\" src=\"https:\/\/cannitrol.com\/blog\/\/wp-content\/uploads\/2018\/04\/new-belgiums-new-hemp-beer-is-on-tap-now-except-in-kansas-heres-why.png\" alt=\"New Belgium announces The Hemperor HPA hemp beer. (photo provided by New Belgium Brewery)\" width=\"342\" height=\"500\" \/><figcaption class=\"wp-caption-text\">New Belgium announces The Hemperor HPA hemp beer. (photo provided by New Belgium Brewery)<\/figcaption><\/figure>\n<p>The \u201chemp pale ale\u201d three years in development blends hemp and hops for an earthy take on the traditional India Pale Ale. It\u2019s available now on draft and will be released nationwide in bottles in late May.<\/p>\n<p>Hemp as a beer ingredient remains largely taboo, as federal guidelines restrict certain parts of the cannabis plant from being used as an ingredient in beer. The Alcohol and Tobacco Tax and Trade Bureau, the government\u2019s gatekeeper for beer labels and formulations, has final say on any brew that wands to add hemp or its byproducts.<\/p>\n<p>The TTB won\u2019t approve formulas or labels for products that contain controlled substances, said Tom Hogue, the agency\u2019s director of congressional and public affairs. \u201cTTB defers to (the U.S. Drug Enforcement Administration) in its interpretation of the Controlled Substances Act.\u201d<\/p>\n<p>But Colorado-based New Belgium found a work-around: The Hemperor adds hemp hearts, part of the plant legalized by the 2014 Farm Bill, and is brewed with a proprietary process utilizing compounds from other materials that emulate the aromatic terpenes found in hemp.<\/p>\n<p>The formulation passed the TTB\u2019s test, but the Hemperor\u2019s realm won\u2019t include include Kansas anytime soon.<\/p>\n<p>\u201cBecause the beer had a trace of hemp in it, it is not allowed in Kansas, and the registration request was denied pursuant to an opinion issued by the Kansas Attorney General,\u201d said Rachel Whitten, spokeswoman for the Kansas Department of Revenue.<\/p>\n<h3>A natural pairing, denied<\/h3>\n<p>Kansas aside, The Hemperor\u2019s coronation has been relatively smooth compared to the roll out of other beers incorporating components of the cannabis plant.<\/p>\n<p>Take the case of Dad &amp; Dude\u2019s Breweria in Aurora, Colo. The brewpub received TTB approval for a beer featuring hemp-derived, CBD-rich extract in June 2016.<\/p>\n<p>But the family-run operation\u2019s grand plans for its General Washington\u2019s Secret Stash came to a screeching halt six months later, when <a href=\"https:\/\/www.thecannabist.co\/2016\/12\/15\/dea-cbd-new-rule-marijuana-extracts\/69550\/\">the DEA filed the notice for an impending rule <\/a> maintaining marijuana, hemp and their derivatives as Schedule I substances.<\/p>\n<p>The TTB deferred to the DEA and revoked its decision on Dad &amp; Dude\u2019s.<\/p>\n<hr \/>\n<p><strong>Related: <a href=\"https:\/\/www.thecannabist.co\/2018\/03\/29\/cannabis-beer-ceria-beverages-blue-moon\/102568\/\">Cannabis-infused beer is coming to Colorado<\/a><\/strong><\/p>\n<hr \/>\n<p>The brewpub\u2019s saga was included in the Hemp Industries Association\u2019s <a href=\"https:\/\/www.thecannabist.co\/2017\/04\/05\/hemp-lawsuit-federal-court-dea-rule-marijuana-extracts\/76635\/\">challenge of that DEA rule<\/a>. The 9th U.S. Circuit Court of Appeals in San Francisco <a href=\"https:\/\/www.thecannabist.co\/2018\/02\/15\/cbd-hemp-dea-marijuana-extracts-lawsuit-federal-appeals-court\/99168\/\">heard oral arguments<\/a> in the case in February, and the fate of the federal rule now rests in the hands of a three-judge panel.<\/p>\n<p>\u201cGiven the evolution of laws and the broadening of the definition of industrial hemp since then, it would follow logically then that TTB\u2019s policy, too, should evolve accordingly, but is what remains an ongoing issue today,\u201d said attorney Ryan Malkin, who specializes in alcohol and cannabis issues for the Hoban Law Group, the Denver-based firm representing the hemp industry in its case against the DEA.<\/p>\n<p>A number of breweries have contacted Hoban Law to inquire whether they\u2019d be able to legally make a beer using cannabis or its byproducts, according to the firm.<\/p>\n<p>And that\u2019s not just craft operations. Large-scale brewers have also shown interest in making beers with marijuana or hemp byproducts, such as cannabinoids and terpenes, Malkin said via email.<\/p>\n<p>It\u2019s a natural pairing given the similarities between hops and cannabis with respect to flavor and aroma profiles, he said.<\/p>\n<p>\u201cSome brewers have even submitted formulation and label applications to the TTB,\u201d he said.<\/p>\n<h3>Beer with a story \u2014 and a cause<\/h3>\n<p>The Hemperor was conceived over a beer tour.<\/p>\n<p>A couple of plant genetics researchers from Colorado State University were visiting New Belgium\u2019s Fort Collins, Colo., taproom and started chatting up the staff at their hometown brewery.<\/p>\n<p>The university is one of several research institutions delving into the hemp plant, discovering its potential in agriculture and industry, a result of Colorado\u2019s 2013 industrial hemp program and the enactment of the Farm Bill.<\/p>\n<p>As the academics took in the smells and flavors from the hop-laden beers, they spoke of the unique aromas coming out of hops\u2019 biological cousin, recalled Ross Koenigs, New Belgium\u2019s research and development specialist.<\/p>\n<aside class=\"article-related right\">\n<h3>Related Articles<\/h3>\n<\/aside>\n<p>He hopped in a car for a whiff of CSU\u2019s hemp greenhouse.<\/p>\n<p>\u201cSure enough \u2026 the smell was absolutely phenomenal,\u201d he said. \u201cIt really blew us away.\u201d<\/p>\n<p>New Belgium scoured the state of Colorado\u2019s hemp farms in search of interesting hemp species and a cultivation outfit with enough scale to supply the brewery\u2019s national distribution needs. Koenig found a couple of choice species, brewed up some experiments and then took the formulation to the TTB.<\/p>\n<p>The federal agency deferred to to the DEA, which views cannabis flower and leaf as Schedule I substances, and New Belgium\u2019s application was denied.<\/p>\n<p>\u201cBasically, what we had to do was find a bit of a work-around,\u201d Koenigs said.<\/p>\n<figure class=\"figure wp-caption aligncenter\"><img loading=\"lazy\" class=\"size-full wp-image-102207\" src=\"https:\/\/cannitrol.com\/blog\/\/wp-content\/uploads\/2018\/04\/new-belgiums-new-hemp-beer-is-on-tap-now-except-in-kansas-heres-why.jpg\" alt=\"New Belgium The Hemperor HPA hemp beer\" width=\"1572\" height=\"1650\" \/><figcaption class=\"wp-caption-text\">New Belgium announces The Hemperor HPA hemp beer. (photo provided by New Belgium Brewery)<\/figcaption><\/figure>\n<p>That work-around involved looping in some buddies in olfactory technologies and learning to emulate the actions of hemp terpenes without actually utilizing the forbidden parts of the plant.<\/p>\n<p>New Belgium is keeping many details of that proprietary process close to its vest, but Koenigs said the Hemperor\u2019s R&amp;D efforts were unlike any beermaking efforts that came before. For instance, the terpene emulation work had to occur off-site, as the federally illicit plant could not be brought onto the brewery\u2019s premises.<\/p>\n<p>New Belgium supplemented the hemp hearts \u2014 which added a spiciness \u2014 with a combination of hops to generate the green, citrusy vibe and the resinous nose.<\/p>\n<p>\u201cCertainly, we took quite a bit of time just to actually get it right and actually get it to scale,\u201d Koenigs said. \u201c(It was) close to nine months to a year to make sure the brewing technicals were all buttoned up.\u201d<\/p>\n<p>New Belgium did consider adding a \u201c0\u201d to the Hemperor\u2019s April 2 launch, but officials didn\u2019t want to stray too far away from the heart of the issue: using the beer to advocate for the larger cause of hemp.<\/p>\n<p>New Belgium partnered with Hemp 4 Victory and GCH Inc. to help lobby for federal legalization of industrial hemp.<\/p>\n<p>New Belgium is never one to shy away from a cause, and saw an opportunity to use its standing as a powerhouse in craft beer to bring attention to the cause and virtues of hemp agriculture, along with the need to modernize laws that hinder the plants cultivation and uses, Koenigs said.<\/p>\n<p>If those federal laws change \u2014 be it via Rep. James Comer\u2019s (R-Ky.) <a href=\"https:\/\/www.thecannabist.co\/2017\/08\/15\/industrial-hemp-farming-act-congress-comer-polis\/85923\/\">Industrial Hemp Farming Act of 2017<\/a>, Sen. Mitch McConnell\u2019s (R-Ky.)\u00a0<a href=\"https:\/\/www.thecannabist.co\/2018\/03\/26\/hemp-farming-act-2018-mitch-mcconell\/102423\/\">plans for the Hemp Farming Act of 2018<\/a> \u2014 more New Belgium hemp beers could be on the way \u2014 maybe even in Kansas.<\/p>\n<p>\u201cWe\u2019re locked, loaded and ready,\u201d Koenigs said. \u201cWe just need somebody to tell us we can legally do it.\u201d<\/p>\n<p>&#013; &#013; <\/p><\/div>\n<\/p><\/div>\n<p><!-- .row --> <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Beer aficionados and hemp advocates across the country can now toast a pint of New Belgium&#8217;s Hemperor HPA. Except in Kansas, where the craft brew &#8212; like hemp &#8212; is banned. <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[6880,7598,52,330,6811,7420,7599,7514,233,55,6813,77,5667,9,7580,5019,1,3,61,1736],"tags":[6881,7600,2632,2908,6816,7421,7601,7516,2811,2635,6818,2655,5673,7581,5022],"_links":{"self":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts\/8177"}],"collection":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/comments?post=8177"}],"version-history":[{"count":0,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts\/8177\/revisions"}],"wp:attachment":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/media?parent=8177"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/categories?post=8177"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/tags?post=8177"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}