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

You’ve probably seen them popping up at your favorite hangout spots or sliding into your feed THC drinks. Smooth, sippable, and spiked with just the right kick, these cannabis-infused beverages are rewriting the rules of how we get lifted. But here’s the twist: what’s totally legal in one state might be a big no-go just across the border.

So before you start popping tops and passing bottles, let’s get one thing straight: the laws matter. And in this blog, we’re cutting through the legalese and giving you the real talk on where you can (and can’t) crack open that bottle of good vibes.

What Are THC Drinks?

Let’s break it down real quick. THC drinks are beverages infused with tetrahydrocannabinol aka the stuff in cannabis that gets you feeling some type of way. These drinks come in all kinds of flavors and formats, from sparkling tonics to fruit punches that slap.

Now, not all THC drinks are created equal:

• Delta-9 THC: This is the OG the main psychoactive compound in cannabis. When people say “THC,” this is usually what they mean.
  
• Delta-8 THC: A cousin to Delta-9 with slightly milder effects. It’s often made from hemp and slips through a few legal loopholes.
  
• CBD Drinks: No high here. Just calm, clarity, and chill.
  

Thanks to a booming market and a growing thirst for alternatives to booze, THC beverages are riding high and we’re not just talking sales. But before you crack one open, it’s time to zoom in on the legal map.

Federal Law: Are THC Drinks Legal Nationwide?

Here’s the tea: Under the 2018 Farm Bill, hemp-derived cannabinoids (including Delta-8 and Delta-9 THC) are technically legal if they contain less than 0.3% Delta-9 THC by dry weight. That’s the loophole that lets hemp-based drinks legally exist, even if they get you buzzed.

But just because it’s federally okay doesn’t mean it’s good to go in your zip code. States make the final call, and that’s where things get complicated.

States Where THC Drinks Are Legal in 2025

Here’s the good news more states are giving the green light to THC-infused sips, especially those made from hemp. Whether it’s full-blown cannabis beverages or hemp-derived Delta-9 elixirs, here’s where you’re free to vibe:

Legal for Sale & Consumption:

• California
  
• Colorado
  
• Florida
  
• Illinois
  
• Minnesota
  
• New Jersey
  
• New York
  
• Nevada
  
• Texas (hemp-derived only, but watch the details)
  
• Tennessee
  
• Wisconsin
  
• Washington D.C.
  
• Oregon
  
• Maryland
  
• Michigan
  
• Arizona
  
• Vermont
  
• Massachusetts
  
• Missouri
  

Note: Laws change fast. Always double-check local regs before stocking your fridge.

These states have created frameworks that allow hemp-derived Delta-9 drinks, typically under the 0.3% THC threshold by dry weight. For example:

• Minnesota: Allows hemp-based THC edibles and beverages yes, even Delta-9 as long as they meet state testing and labeling requirements.
  
• Illinois & Oregon: These states allow both hemp-derived and traditional cannabis drinks, sold through licensed dispensaries or compliant retailers.
  

States with THC Drink Restrictions or Bans

Some states are still stuck in prohibition-era vibes. Here are the ones playing hard to get or just saying no altogether:

States with Bans, Restrictions, or Legal Grey Areas:

• Idaho – Total ban on THC in any form.
  
• Iowa – No-go on hemp-derived THC drinks.
  
• South Dakota – Still restrictive despite cannabis legalization debates.
  
• North Dakota – Not friendly to hemp-derived THC products.
  
• Arkansas – Legal battles are ongoing, but restrictions are heavy.
  
• Utah – Only very limited medical cannabis access; beverages not permitted.
  
• Rhode Island – Legal cannabis, but the beverage game is still tight.
  

Also in the grey zone:

• Kentucky, Georgia, and Texas – These states technically allow hemp-derived THC drinks, but regulators are eyeing new laws to clamp down. Keep your ears to the ground.
  

Legislation is constantly shifting, with several states attempting to either outright ban or severely restrict hemp-derived THC products, including beverages.

States Likely to Change THC Beverage Laws Soon

Here’s where the heat is building. These states are facing rising demand and pressure from both the public and the cannabis industry to loosen up:

• Pennsylvania – Medical cannabis is in place, and adult-use is gaining traction.
  
• North Carolina – Hemp is allowed, and Delta-8’s popularity is pushing boundaries.
  
• Georgia – Delta-8 & Delta-9 are loosely tolerated, but regulations are looming.
  
• Nebraska & Kansas – Wildcards with no firm stance, but growing conversation.
  
• South Carolina – Where demand’s high, change follows.
  

Expect new bills, tighter regulations, and hopefully more freedom to sip responsibly.

Important Things to Know Before Buying or Selling THC Drinks

So you’re ready to stock your shelves or your cooler? Here’s what you need to keep it legal:

• You must be 21+ to buy or sell THC-infused beverages.
  
• Labeling must be clear including potency, ingredients, and disclaimers.
  
• Potency limits often cap out at 5mg or 10mg of THC per serving in most states.
  
• Traveling with THC drinks is risky across state lines even if both states are legal.
  
• Retailers & manufacturers need to comply with all local and state laws, including licensing, testing, and packaging.
  

Moyo Love Juice Joint: Safe, Legal, and Compliant THC Beverages

We don’t just serve drinks we serve liquid attitude. At Moyo Love Juice Joint, every bottle is lab-tested, state-compliant, and brimming with bold flavor and fire vibes. From the zesty rush of Strawberry Lemonade to the laid-back chill of Aloha Punch, we craft THC beverages for the wild ones and the wise ones.

Our products are available in all states where hemp-derived THC drinks are legally allowed. No shady sourcing. No weird additives. Just clean ingredients, controlled potency, and flavor that hits.

Final Thoughts: Stay Legal, Stay Informed

The THC drink space is evolving fast, and so are the laws. Whether you’re sipping for the vibes or selling to a community of rule-breakers and taste-makers, know your laws before you pour. Stay curious, stay compliant, and never settle for watered-down.

With Moyo Love, you’re not just sipping legal you’re sipping legendary.

FAQs About THC Drink Legality

Are Delta-9 THC drinks legal in all states?
Nope. While federally legal if hemp-derived and under 0.3% THC, individual states can ban or restrict them.

Can I travel with THC drinks across state lines?
We don’t recommend it. Even if both states are cool with THC drinks, crossing state lines can get you into federal hot water.

What makes a THC drink legal under federal law?
It must be derived from hemp and contain less than 0.3% Delta-9 THC by dry weight. Anything stronger requires cannabis regulation and licensing.