⚖️ Quick Answer
Hemp-derived THC drinks containing less than 0.3% THC by dry weight are federally legal under the 2018 Farm Bill. However, some states have enacted their own restrictions. Most states allow these products, but a handful have banned or heavily restricted them.
The Legal Framework
The legality of THC drinks depends on one key distinction: where the THC comes from.
✓ Hemp-Derived THC
Legal federally if under 0.3% THC by dry weight. This includes most THC drinks on the market.
⚠️ State Restrictions
Some states have added their own rules on top of federal law — age limits, dosage caps, or outright bans.
✗ Marijuana-Derived
THC from marijuana plants is only legal in states with recreational cannabis programs.
The 2018 Farm Bill Explained
The Agricultural Improvement Act of 2018 (the "Farm Bill") removed hemp from the Controlled Substances Act. This made hemp and its derivatives — including THC — federally legal, as long as:
- The THC is derived from hemp (not marijuana)
- The final product contains less than 0.3% Delta-9 THC by dry weight
- The hemp was grown in compliance with federal and state regulations
This "dry weight" loophole is key. A 12oz can of liquid can contain a significant amount of THC while still being under 0.3% by total weight. That's how drinks with 5mg, 10mg, or even 20mg of THC remain federally compliant.
State-by-State Status
While federally legal, individual states have the power to regulate or ban hemp-derived THC products. Here's where things stand in 2026:
States Where THC Drinks Are Fully Legal
Most states follow the federal framework and allow hemp-derived THC drinks. These include major markets like:
- California, Texas, Florida, New York
- Illinois, Georgia, North Carolina, Ohio
- Arizona, Colorado, Michigan, Minnesota
- And most others not listed below
States With Restrictions
| State | Status | Notes |
|---|---|---|
| Idaho | Banned | All THC products prohibited |
| Kansas | Banned | Delta-9 THC products not allowed |
| Mississippi | Restricted | Low limits on THC content |
| Oregon | Restricted | Hemp THC products must go through state cannabis system |
| Vermont | Restricted | Intoxicating hemp products regulated like cannabis |
| Utah | Restricted | Products must meet state testing requirements |
⚠️ Laws Change Frequently
State laws on hemp-derived THC are evolving rapidly. Always check current local regulations before purchasing. This guide is for informational purposes and not legal advice.
Buying THC Drinks Online
Most THC drink brands ship to states where their products are legal. When you order online:
- Age verification: You'll need to confirm you're 21+ at checkout
- Address restrictions: Brands won't ship to states where their products are prohibited
- Signature required: Many carriers require adult signature on delivery
Reputable brands clearly state which states they ship to and won't process orders to restricted areas.
Drug Testing Concerns
This is crucial: THC drinks will cause you to fail a drug test.
Standard drug tests look for THC metabolites, and they can't distinguish between hemp-derived and marijuana-derived THC. If you're subject to drug testing for work, probation, or any other reason, avoid all THC products — including federally legal hemp drinks.
Buying In Stores
THC drinks are increasingly available at:
- Liquor stores: Total Wine, Binny's, and local shops
- Grocery stores: In some states, alongside non-alcoholic beverages
- Convenience stores: Varies widely by location
- Specialty retailers: CBD shops and wellness stores
Availability varies significantly by state and even by city. Urban areas typically have better selection than rural regions.
What About Traveling?
Traveling with THC drinks gets complicated:
- Driving between states: Technically legal federally, but you may pass through states with restrictions. Risky.
- Flying: TSA follows federal law, so hemp-derived products are technically allowed. However, TSA isn't actively looking for them, and local laws at your destination matter.
- International: Never travel internationally with THC products. Most countries have strict cannabis laws.
Our advice: Buy THC drinks at your destination rather than traveling with them.
The Future of THC Drink Legality
The hemp-derived THC market exists in a legal gray area that Congress may address. Possible futures include:
- Tighter federal regulation: FDA could establish rules for intoxicating hemp products
- Farm Bill updates: The next Farm Bill may close the dry-weight loophole
- State-level changes: More states may regulate hemp THC like cannabis
- Federal cannabis legalization: Would likely standardize rules across all THC products
For now, the market continues to grow, and consumers in most states have legal access to THC beverages.
Ready to Explore THC Drinks?
Check out our top-rated THC beverages — all from reputable brands that ship to legal states.
See Top THC Drinks →FAQs
Is Delta-9 THC the same as "regular" THC?
Yes. Delta-9 THC is the primary psychoactive compound in cannabis — it's the same molecule whether derived from hemp or marijuana. The legal distinction is about the source plant, not the molecule itself.
Are CBD drinks the same as THC drinks?
No. CBD is non-intoxicating and won't get you high. THC drinks contain Delta-9 THC and will produce psychoactive effects. Some products contain both CBD and THC.
Can I get in trouble for having THC drinks?
In states where hemp-derived THC is legal, you're fine. In restricted states, possession could potentially be an issue. Always know your local laws.
Are THC drinks safe?
Products from reputable brands that provide third-party lab testing are generally considered safe for adult use. Always buy from established brands and check for Certificates of Analysis (COAs).