Are THC Drinks Legal? State-by-State Guide (2025)

Hemp-derived THC drinks are federally legal in the United States under the 2018 Farm Bill, provided they contain less than 0.3% delta-9 THC by dry weight. This federal framework has enabled a booming market of cannabis-infused seltzers, sodas, and tonics sold in mainstream retail—from Total Wine to Target. However, state laws vary significantly, with some states embracing THC beverages while others ban them outright.

The legal landscape is also shifting. In November 2025, Congress passed legislation that will restrict many hemp-derived THC products starting in November 2026. This guide covers everything you need to know: why THC drinks are currently legal, which states allow them, and what changes are coming.

Why THC Drinks Are (Currently) Legal

The legality of THC drinks traces back to the Agricultural Improvement Act of 2018, commonly known as the Farm Bill. This landmark legislation legalized hemp by removing it from the Controlled Substances Act's definition of marijuana. The key distinction: any cannabis plant containing 0.3% or less delta-9 THC by dry weight is classified as legal hemp, not illegal marijuana.

This 0.3% threshold created what the industry calls the "hemp loophole." Because the limit applies to dry weight percentage rather than total milligrams, beverage manufacturers can legally include meaningful doses of THC. A 12-ounce drink weighing roughly 350 grams can contain up to 10.5mg of delta-9 THC and still meet the federal definition of hemp.

THC drink brands use this framework to create products that deliver genuine psychoactive effects while remaining federally compliant. The THC is extracted from legal hemp plants, then infused into beverages using nano-emulsion technology that improves absorption. Understanding what delta 9 THC is helps clarify why these products work the same as dispensary cannabis—because they contain the same compound.

Unlike dispensary products, hemp-derived THC drinks can legally cross state lines through interstate commerce. They're sold online and shipped directly to consumers in most states, as well as stocked in liquor stores, grocery chains, and specialty retailers. This accessibility has driven explosive growth, with the hemp beverage market reaching an estimated $28 billion by late 2025.

The November 2025 Hemp Legislation: What's Changing

On November 12, 2025, President Trump signed a government funding bill that included provisions significantly restricting hemp-derived THC products. According to PBS News reporting, the new law redefines hemp in ways that will eliminate most intoxicating products from the legal market.

The key changes include a shift from a 0.3% delta-9 THC limit to a 0.3% total THC limit (including all THC isomers and THCA), a cap of 0.4 milligrams of total THC per product container, a ban on cannabinoids that are synthesized or chemically converted outside the plant (targeting delta-8, delta-10, and HHC), and the reclassification of non-compliant products as controlled substances.

Industry groups are actively lobbying for amendments during this transition period. Representative Nancy Mace (R-SC) has introduced legislation to repeal the hemp restrictions, and trade associations like the Hemp Beverage Alliance are pushing for regulatory frameworks that would preserve legal access to THC drinks while addressing safety concerns around age restrictions and testing requirements.

What happens after November 2026 remains uncertain. The industry may secure amendments preserving some products, states may establish their own regulatory frameworks, or the market could shift entirely to state-licensed dispensary sales. For now, THC drinks remain legal and widely available.

Are THC Drinks Legal in Your State?

While federal law permits hemp-derived THC beverages, individual states have authority to restrict or ban them. As of December 2025, states fall into three general categories: those that allow THC drinks with regulation, those that allow them with minimal restrictions, and those that ban or heavily restrict them.

States Where THC Drinks Are Legal with Regulation

Several states have created comprehensive frameworks for hemp-derived THC products. Minnesota pioneered this approach in 2022, allowing THC edibles and beverages for adults 21 and older with strict testing, labeling, and potency limits. Products are now sold at Target stores in the state. Florida, Tennessee, Alabama, Louisiana, and others have followed with similar regulatory structures requiring age verification, lab testing, and compliant packaging.

States Where THC Drinks Are Legal with Few Restrictions

Many states haven't enacted specific hemp THC regulations beyond the federal framework. In these states—including Texas, Georgia, Illinois, Missouri, and Pennsylvania—hemp-derived THC drinks are generally available as long as they meet the 0.3% delta-9 threshold. Retailers operate under standard food and beverage regulations. is a common question, and for now the answer is yes for hemp-derived products.

States Where THC Drinks Are Banned or Restricted

Some states have explicitly banned intoxicating hemp products or restricted them to licensed dispensaries. Alaska, Colorado, Idaho, and Washington prohibit hemp-derived THC beverages outside of regulated cannabis markets. New York and Oregon allow recreational marijuana but have banned unregulated hemp THC products to protect their licensed dispensary systems. These states treat hemp-derived THC the same as marijuana-derived THC.

Can You Order THC Drinks Online?

Yes—online ordering is one of the primary ways people purchase THC drinks. Because hemp-derived products can legally cross state lines under federal law, online retailers ship THC beverages directly to consumers in most states. This has made THC drinks accessible even in areas without local retail options.

However, reputable retailers restrict shipping to states where THC drinks are legal. Most won't ship to Alaska, Colorado, Idaho, Iowa, or other banned states. Some retailers also decline orders to states with uncertain legal status or active enforcement actions.

When ordering online, verify that the retailer ships to your state, check that products include certificates of analysis (COAs) from third-party labs, confirm the THC content per serving and per package, and review the company's compliance with hemp regulations. and are among the most common state-specific shipping questions.

Delta 8 vs Delta 9: Different Legal Treatment

Not all THC is treated equally under state law. Delta-9 THC is the primary psychoactive compound in cannabis and the one addressed by the 2018 Farm Bill's 0.3% threshold. Delta-8 THC, a less potent isomer typically manufactured by converting CBD, faces stricter regulation in many states.

Fifteen states have explicitly banned delta-8 THC: Alaska, Colorado, Delaware, Idaho, Iowa, Minnesota, Montana, Nevada, New York, North Dakota, Oregon, Rhode Island, South Carolina, Utah, and Vermont. Several others regulate it differently than delta-9 products. depends heavily on your state.

The November 2025 federal legislation specifically targets chemically converted cannabinoids like delta-8. Even in states that currently allow delta-8, the federal ban taking effect in 2026 will prohibit these products unless amendments pass. Delta-9 THC drinks derived directly from hemp—without chemical conversion—may have a clearer path forward under future regulations.

Traveling with THC Drinks

Traveling with THC drinks requires understanding both federal and state considerations. The TSA doesn't specifically search for cannabis products, but agents are required to report any marijuana discovered during screening. Hemp-derived products containing less than 0.3% THC are technically federally legal, but distinguishing hemp from marijuana isn't straightforward, and TSA officers may refer products to local law enforcement.

Crossing state lines presents additional complications. Even if you're traveling between two states where THC drinks are legal, you may pass through states where they're prohibited. Driving from Texas to Florida through Alabama, for example, is relatively safe since all three states currently permit hemp THC. But driving from Illinois to Nevada means crossing states with different legal frameworks.

The safest approach: purchase THC drinks at your destination rather than traveling with them. Many states with legal THC drinks have robust retail options, and online ordering with local delivery is increasingly available.

How to Verify Your THC Drink Is Legal

Legitimate THC drink brands make compliance easy to verify. When evaluating products, look for clear labeling indicating "hemp-derived" THC, certificates of analysis (COAs) from independent labs, delta-9 THC content listed in milligrams per serving and per package, and manufacturer information and contact details.

The COA is particularly important. It should show delta-9 THC levels confirming the product contains less than 0.3% by dry weight, testing for contaminants like pesticides, heavy metals, and residual solvents, and batch numbers matching the product packaging. If you're new to THC drinks, our guide to what THC drinks are covers what to expect from your first experience.

Avoid products sold in gas stations or convenience stores without clear compliance information. The unregulated nature of some hemp products has led to quality control issues and contributed to state-level crackdowns.

What the Future Holds for THC Drink Legality

The hemp beverage industry faces an uncertain but not necessarily bleak future. The November 2026 deadline creates urgency, but several factors could preserve legal access to THC drinks. Industry lobbying may secure amendments protecting naturally derived delta-9 products. States may establish their own regulatory frameworks independent of federal restrictions. And consumer demand—THC drinks have become genuinely popular—creates political pressure for reasonable regulation rather than outright prohibition.

Minnesota's model offers a template: regulated sales to adults 21+, required testing and labeling, and potency limits that prevent extremely high-dose products while preserving consumer access. Several states have already adopted similar approaches, and this framework could form the basis for federal policy.

For now, THC drinks remain legal and available in most of the country. The one-year transition period provides time to stock up if you're concerned about future restrictions—or simply to enjoy the current market while advocacy efforts continue. broadly will depend on how federal and state regulations evolve over the coming year.

Frequently Asked Questions

Are THC drinks legal in Texas?

Yes, hemp-derived THC drinks are currently legal in Texas. The state allows products containing less than 0.3% delta-9 THC by dry weight. In September 2025, Governor Abbott issued an executive order implementing age restrictions (21+) and enhanced labeling requirements, but THC drinks remain available for adult purchase.

How much THC can a legal drink contain?

Under current federal law, a hemp-derived drink can contain any amount of delta-9 THC as long as it doesn't exceed 0.3% of the product's dry weight. In practice, most THC drinks contain between 2.5mg and 10mg per serving. Some states impose additional limits—Minnesota caps products at 5mg per serving and 50mg per package.

Why are THC drinks legal if marijuana is still illegal?

The 2018 Farm Bill created a legal distinction between hemp (cannabis with 0.3% or less delta-9 THC) and marijuana (cannabis exceeding that threshold). Hemp and its derivatives—including THC extracted from compliant plants—are legal under federal law. Marijuana remains a Schedule I controlled substance.

Will THC drinks be banned in 2026?

New federal legislation restricts many hemp-derived THC products starting in November 2026, but it's not yet certain how this will affect all THC drinks. The law targets products exceeding 0.4mg THC per container and chemically converted cannabinoids. Industry advocates are working to secure amendments, and states may establish their own frameworks.

Can I buy THC drinks online and have them shipped to my home?

Yes, in most states. Online retailers legally ship hemp-derived THC drinks to states where they're permitted. Reputable companies verify shipping addresses against state regulations and won't deliver to banned states. Expect to confirm you're 21+ during checkout.

What's the difference between hemp THC drinks and dispensary products?

Hemp-derived THC drinks contain delta-9 THC extracted from legal hemp plants (under 0.3% THC). Dispensary products come from marijuana plants with higher THC concentrations. The THC molecule is identical—both produce psychoactive effects—but the legal classification and sales channels differ entirely.

Shop Legal THC Drinks

The legal status of THC drinks varies by state, and federal regulations are evolving. What's clear: for most Americans, hemp-derived THC beverages remain a legal, accessible option through at least late 2026. Whether you're in a fully regulated state like Minnesota or a less restrictive state like Texas, legal THC drinks offer a controlled, precisely dosed alternative to alcohol.

Ready to explore? Browse our full collection of legal THC drinks to find seltzers, sodas, and tonics shipped directly to your door. All products are third-party tested and compliant with federal hemp regulations. Check your state's specific laws, start with a low dose, and enjoy responsibly.