As the THC beverage subscription market explodes across the United States, compliance leaders face a tangle of evolving rules from federal agencies, payment networks, and telecommunications providers. Businesses offering recurring shipments of THC-infused drinks now operate at the intersection of at least four major regulatory frameworks for 2025–2026. Understanding and integrating these requirements into your compliance stack is critical—not only to stay operational, but to build trust and withstand audits and disputes.
Below, we break down this shifting landscape, offering actionable guidance for businesses navigating THC beverage subscriptions compliance 2025 at the federal level and beyond.
The 2025–2026 Compliance Environment: Four Fast-Moving Regimes
1. FCC TCPA One-to-One SMS Consent and Revocation (Jan & Apr 2025)
The Federal Communications Commission (FCC) has doubled down on consumer control over marketing communications. Two phased updates take effect for all text (SMS) promotional outreach:
- One-to-One Consent Rule (effective January 27, 2025): Each customer’s express written consent must be obtained individually for each business entity. A generic consent to receive messages from multiple vendors is no longer permitted.
- Revocation Rule (effective April 11, 2025): Businesses must honor opt-outs within 10 business days. You may send a single, non-promotional confirmation of the unsubscribe request within five minutes of receipt (source, source).
- Takeaway: Every SMS campaign must be supported by robust consent capture per subscriber and a rapid, automated opt-out workflow. The penalties for non-compliance have risen and include significant fines per violation.
2. 10DLC Carrier SHAFT Policing and Campaign Registration (2025–2026)
SMS carriers, under the 10DLC (10-digit long code) regime, have expanded their vetting and policing protocols:
- SHAFT Content Restrictions: SHAFT—Sex, Hate, Alcohol, Firearms, and Tobacco—content is strictly regulated; THC products are scrutinized and typically require pre-approval and age-gating. Sending prohibited content may trigger message blocking or carrier blacklisting (source).
- Campaign Registration: As of 2025, all SMS numbers used for business must be registered with the Campaign Registry. Campaigns related to regulated substances require detailed descriptions, sample messages, and proof of age-gating or state law compliance (source).
- Takeaway: Unregistered or non-compliant SMS campaigns for THC beverage subscriptions will be blocked. Don’t wait—the registration process can take weeks.
3. FTC Negative Option Rule (Enforcement July 14, 2025)
The FTC’s revised Negative Option Rule is a game-changer for subscription models, including THC beverage clubs, bringing in both B2B and B2C programs (Federal Register, Latham & Watkins):
- Clear Disclosures: All material subscription terms—price, renewal, cancellation policy, refund eligibility—must be given in a clear and conspicuous manner, before any billing info is taken (source).
- Click-to-Cancel: Cancellations must be as easy as signing up (“frictionless,” digital, and immediate). Telephone or email-based cancellations that introduce additional hurdles are non-compliant.
- Penalties: Each violation carries potential fines of over $50,000.
- Takeaway: Subscription UX must prioritize a one-click cancel option. Audit (and document) your cancellation pathways now.
4. Nacha’s Expanded ACH Fraud Monitoring (March–June 2026)
Nacha, the body governing ACH payments, is rolling out stringent new requirements for fraud prevention and dispute handling (Nacha, JP Morgan):
- Risk-Based Monitoring: Originators and third-party senders must have risk-based programs to detect fraud in subscription payments, effective by June 19, 2026.
- Dispute Handling Metrics: Track and review dispute and chargeback rates—high rates may result in network penalties or expulsion.
- Consumer Transparency: Provide contact info and easy refund pathways to reduce disputes.
- Takeaway: Integrate dashboards for dispute trends and root-cause analysis. Document and test your refund protocols ahead of audits.
Building the Modern Compliance Stack for 2025–2026
Let’s translate the above mandates into operational controls for compliant, consumer-friendly THC beverage subscription programs.
H2. Consent Capture and Communication Workflows (SMS + Email)
H3. Individualized Consent and Revocation
- Collect and store one-to-one, business-specific consent for all marketing SMS and emails; avoid generic blanket opt-ins.
- Embed clear age gates (21+) on all subscription sign-ups; trigger consent documents for storage and audit.
- Automate opt-out flows so that requests are honored in less than 10 business days, with time-stamped logs.
- Send a non-promotional opt-out receipt automatically, within 5 minutes of a consumer’s unsubscribe action.
H3. 10DLC Campaign Registration and Maintenance
- Register every SMS campaign with the Campaign Registry.
- Accurately describe the campaign, flag as age-restricted, and attach sample message flows.
- Update registration with every campaign iteration or expanded offer.
H2. Digital Age Verification and State-by-State Geo-Fencing
The Supreme Court and states have signaled that age verification for adult content is here to stay (ITIF). For substance-infused beverages, best practice is multilayered:
- Age Verification: Deploy third-party, government ID or database-driven verification at account creation.
- Geo-Fencing: Restrict sign-ups and shipments to states where THC beverages are legal. Implement real-time API checks based on device location, IP address, and shipping destination (ComplianceHub).
- Audit Trail: Retain verification logs for regulators.
H2. Frictionless “Click-to-Cancel” UX and Documentation
By July 14, 2025, all U.S. subscription programs must offer easy, immediate cancellation:
- On every customer dashboard, provide a prominent, single-click “Cancel Subscription” button.
- Auto-confirm cancellations by email or SMS.
- Make full cancellation instructions available on the order and billing screens.
- Log every cancellation attempt and action for audit purposes.
H2. ACH Dispute, Fraud Monitoring, and Metric Evidence
With Nacha’s rules, the compliance stack must incorporate:
- Dispute Tracking: Monitor ACH return and chargeback rates in real time. Set alerts if rates exceed network norms.
- Refund Resolution: Provide instant digital tools for consumers to request refunds or report payment errors.
- Metric Reports: Generate periodic (monthly/quarterly) reports documenting monitoring efforts and dispute trends.
- Program Improvements: Adjust onboarding, messaging, or dispute processes based on analytics; document all changes for audits.
Closing Recommendations: Integrated Compliance is Strategic Advantage
A compliant THC beverage subscriptions operation in 2025–2026 is more than a regulatory necessity—it’s a competitive differentiator. By integrating rigorous consent capture, state-compliant age/geo-checks, transparent billing, frictionless cancellation, and robust ACH monitoring, brands can:
- Reduce enforcement risk and costly disputes
- Build longer-term, trust-based customer relationships
- Provide data-driven evidence of “reasonable” compliance—critical in case of audits or consumer complaints
Pro tip: Maintain a living compliance manual, update workflows quarterly, and document every consumer-facing change. Stay close to state and federal updates—new rules are expected through 2026.
Need More Guidance?
For the latest requirements, best-in-class tools, and live regulatory tracking, visit CannabisRegulations.ai. Ensure your THC beverage subscription program is built to scale—and withstands scrutiny in a fast-moving regulatory era.
