Table of Contents
- Key Takeaways
- Federal Laws on THC Drinks
- State-by-State Legality of THC Drinks
- Age Restrictions and Purchasing Rules
- Shipping and Interstate Travel Laws
- THC Drinks: The Bottom Line on Legality
Key Takeaways
- THC-infused drinks are increasingly popular , but the legal landscape is evolving just as quickly
- Hemp-derived THC beverages with less than 0.3% delta-9 THC are federally compliant under the 2018 Farm Bill, but state laws vary significantly
- To stay on the right side of the law , research what's legal in your state and only purchase from reputable brands that ensure regulatory compliance
THC beverages (also known as cannabis drinks or cannabis beverages) are becoming the buzzy new sippable, taking social scenes by storm. These cannabis-infused drinks contain tetrahydrocannabinol, offering folks a pleasing new way to enjoy the recreational effects of this psychoactive compound from the cannabis plant - often without the hangover that comes from traditional alcohol consumption.
But you might be wondering exactly how THC drinks are legal, given the federal government's historically strict stance on cannabis and the complex patchwork of individual state laws. It's a thoughtful question with a straightforward (if not entirely simple) answer. Here's everything you need to understand about the legality of THC-infused beverages.
Federal Laws on THC Drinks
When discussing any cannabis product, you've got to differentiate between federal law and state laws. Let's start with what's happening at the federal level, then drill down into what's happening in individual states across the country.
How the 2018 Farm Bill Made Hemp-Derived THC Drinks Legal
Everything changed for the cannabis market in the United States with the 2018 Farm Bill ( 1 ), which removed hemp from the Controlled Substances Act and ensured it would be treated differently than marijuana under federal law. This landmark legislation opened the door to a booming market of hemp derived cannabinoids and extracts, and ultimately led to today's thriving market of hemp derived THC beverages.
The Farm Bill specifically legalized the cultivation, processing, and sale of hemp as an agricultural product, provided it contains no more than 0.3% delta-9 THC on a dry weight basis. This created a legal pathway for intoxicating hemp products that contain low levels of THC while remaining federally compliant.
Difference Between Hemp-Derived and Marijuana THC
Both hemp and marijuana are forms of the same plant species— Cannabis sativa . However, according to U.S. federal law, cannabis plants with 0.3% delta-9 THC or less are classified as hemp, while those with higher THC levels are classified as marijuana and remain federally illegal under the Controlled Substances Act.
This distinction matters enormously for cannabis beverages. Hemp derived products can legally engage in interstate commerce, be sold in grocery stores and convenience stores, and don't require the same regulatory compliance as marijuana products sold in dispensaries.
Here's where it gets interesting: many states have legalized marijuana products for medical and recreational use, which means legality often comes down to individual state law and local enforcement. At the same time, state laws continue evolving rapidly, so the legal landscape can definitely feel confusing.
State-by-State Legality of THC Drinks
Let's say you have a hemp derived THC beverage that contains less than 0.3% delta-9 THC, just like Cornbread Hemp THC Seltzers. While these may be federally compliant, that doesn't automatically guarantee legality in your specific state. At this point, it all comes down to where you live and what type of THC a product contains.
Understanding Different Types of THC
Delta-9 THC is the compound that made cannabis famous, and it's the form specifically restricted under federal law. However, there are other forms of THC, including delta-8 and delta-10 , which exist in legal gray areas.
Delta-8 THC is technically a degraded form of delta-9 that occurs when cannabinoids are exposed to heat and light. It occurs naturally in very small amounts and produces milder psychoactive effects than delta-9, earning nicknames like "marijuana lite" or "diet weed." The challenge is that most delta-8 products on the market today use synthesized delta-8, raising serious questions about safety and quality control.
Delta-8 exists in what amounts to a legal gray area because the 2018 Farm Bill doesn't explicitly address it. This means it may be legal in certain states that have banned delta-9 THC products, though this is changing as states pass more specific legislation.
State-Specific THC Drink Regulations
Regardless of federal compliance, individual states maintain authority to regulate or even ban THC beverages entirely. The patchwork of state laws means what's legal can vary dramatically depending on where you live.
THC Drink Legality in Florida
The Sunshine State follows federal law relatively closely, permitting hemp derived products that meet the federal limit of 0.3% delta-9 THC. You'll find hemp derived THC seltzers, teas, and tonics sold throughout Florida in various retail locations including Total Wine and other beverage retailers. Products derived from marijuana remain illegal for recreational use in Florida.
Notably, legislation was considered in 2025 that could have significantly impacted THC drink sales in Florida. While it ultimately didn't advance, lawmakers may revisit the issue in future sessions. For now, hemp derived THC beverages with compliant THC levels remain legal throughout the state.
THC Drink Legality in Texas
Texas has experienced something of a legal roller coaster regarding THC products, with multiple legislative attempts to ban various cannabis beverages. Currently, federally compliant cannabis drinks are legal, but there's ongoing political pressure for stricter regulations. The state's conservative approach means the legal status could change, making it important for consumers to stay informed about current law.
THC Laws in Minnesota and Other Progressive States
Minnesota has taken a particularly interesting approach to hemp derived THC beverages. The state allows these products but with specific potency limits: no more than 5mg of THC per serving and up to 10mg of THC per container. This means a single THC seltzer can contain 10mg THC total, but must be divided into servings of 5mg or less.
This approach reflects Minnesota's attempt to balance consumer access with public safety concerns, creating a middle ground between prohibition and unrestricted access.
Restrictive States: Idaho and Others
On the opposite end of the spectrum, Idaho maintains some of the strictest cannabis laws in the country. The state bans all forms of THC, hemp derived or otherwise, meaning THC beverages aren't permitted at all. Only hemp derived products with 0% detectable THC are allowed in Idaho.
Similarly, other states maintain varying levels of restriction. Nevada, for example, permits THC infused beverages through its licensed cannabis system but restricts hemp derived products sold outside dispensaries to contain no detectable THC levels.
Georgia, Wisconsin, and Evolving State Laws
Georgia's hemp laws underwent significant changes in 2024, with smokable hemp flower products becoming prohibited. However, hemp derived THC beverages remain permitted under the Georgia Hemp Farming Act, provided they comply with the 0.3% delta-9 THC limit on a per-serving basis.
Wisconsin takes a more relaxed approach, with federally compliant THC beverages available throughout the state in various retail locations. The state's approach demonstrates how different regions can interpret federal hemp laws differently while maintaining compliance.
Age Restrictions and Purchasing Rules
Since THC beverages may be governed by both hemp regulations and cannabis laws, the specifics of who can purchase them and how vary depending on your location. However, there are some general patterns worth understanding.
Minimum Age Requirements for THC Drinks
In most states, you need to be 21 or older to purchase federally compliant THC beverages. While federal law doesn't specify an age limit for hemp products, states typically align these requirements with alcohol regulations. This makes sense given that both alcohol and THC produce intoxicating effects.
Can You Order THC Drinks Online Legally?
Retailers selling THC infused drinks typically require valid government-issued identification to verify age, similar to alcohol sales. Online retailers use various age verification systems, from simple birthdate entry to more sophisticated third-party verification services.
Shipping and Interstate Travel Laws
The intersection of federal compliance and state regulations creates complex rules around shipping and traveling with THC beverages.
Interstate Commerce and Shipping Regulations
Federally compliant hemp derived products with less than 0.3% THC can legally be shipped across state lines under interstate commerce protections. However, destination state laws still apply upon delivery.
Reputable manufacturers typically block shipping to states that don't permit their products, implementing geographical restrictions during online checkout. This protects both the company and consumers from inadvertent legal violations.
What Happens If You Travel With THC Drinks to a State Where They’re Illegal?
You shouldn’t bring any kind of THC product, even the federally compliant kind, into a state where they’re banned. That means you’re breaking state law, and it sets you up for all of the related legal problems if you’re caught.
THC Drinks: The Bottom Line on Legality
While THC beverages aren't going anywhere anytime soon, the rules surrounding them remain in flux, especially at the state level. The industry is maturing rapidly, with clearer regulations and better consumer protections emerging regularly.
Your best bet for staying compliant is understanding the crucial difference between federally compliant hemp derived THC beverages and higher-potency marijuana drinks. Then stay current on local laws so you're clear about what's permitted in your specific state.