After almost 100 years, real absinthe is now legally available and is being produced, imported and sold in bars and stores acrss America. Technically speaking it has not been "legalized" because no laws have changed. Due to changes on the part of regulatory agencies, genuine absinthe is back! The regulations states that all foods and beverages containing Artemisia (basically thujone) must be thujone-free. However, according to the regulations, "thujone-free" does not literally mean "zero thujone". The thujone level just have to be below a specific level. In order to determine thujone level, an official method for thujone analysis had to be defined. As it would turn out, this level was defined at ten parts per million or less. Since most premium distilled absinthe contained low amounts of thujone, they already meet the criteria or only needed to reduce the thujone levels by small amounts to meet the requirements for being approved for sale in the USA. Modern analysis has already shown that authentic absinthe contains only low levels of thujone in the first place. In fact, it is widely known that many pre-ban era absinthes contained from about 10 to 50 parts per millions.
Below are just a few labels of premum brands approved for sale in the USA.
In the past, it was thought that absinthe contained as much as 350 mg/L thujone, but modern tests have shown this to be far too high. A 2008 study of 13 pre-ban (1895–1910) bottles using gas chromatography-mass spectrometry found that the bottles had between 0.5 mg/L and 48.3 mg/L and averaged about 25.4 mg/L. A 2005 study recreated three 1899 high-wormwood recipes and found that the highest contained 4.3 mg/L thujone. The conclusion, properly distilled absinthe using authentic recipes from the 1800s typically produce absinthe that would be considered thujone-free by US regulatory standards, and would likely be approved for sale in the USA. However, our experience, using similar historical recipes for absinthe verte found thujone levels to be slightly higher.