The landscape of cannabis consumption in the United States has evolved significantly, with THC-infused beverages emerging as a popular alternative to traditional methods like smoking or edibles. These drinks offer consumers a discreet and often healthier way to experience the effects of THC. However, the legality of THC beverages varies across the country, influenced by both federal and state regulations.
What Are THC Drinks?
THC (tetrahydrocannabinol) drinks are beverages infused with THC, the primary psychoactive compound found in cannabis. These products range from sparkling waters and teas to more complex concoctions, providing consumers with an alternative method to ingest THC without inhalation. The onset and duration of effects can differ from other consumption methods, often offering a more controlled and gradual experience.
Federal Legal Framework
At the federal level, cannabis remains classified as a Schedule I substance under the Controlled Substances Act, indicating a high potential for abuse and no accepted medical use. However, the 2018 Farm Bill legalized hemp-derived products containing less than 0.3% THC on a dry weight basis. This has led to a proliferation of hemp-derived THC products, including beverages, exploiting this legal gray area. The Food and Drug Administration (FDA) has not approved THC-infused beverages, and their regulatory stance continues to evolve.
State-by-State Legal Status
As of January 2025, the legality of THC-infused beverages varies across the United States, influenced by both federal and state regulations.
Federal Legal Framework
At the federal level, cannabis remains classified as a Schedule I substance under the Controlled Substances Act, indicating a high potential for abuse and no accepted medical use. However, the 2018 Farm Bill legalized hemp-derived products containing less than 0.3% THC on a dry weight basis, leading to a proliferation of hemp-derived THC products, including beverages. The Food and Drug Administration (FDA) has not approved THC-infused beverages, and their regulatory stance continues to evolve.
State-by-State Legal Status
The legality of THC-infused beverages varies significantly across states:
- Fully Legal States: As of January 2025, 24 states and the District of Columbia have legalized recreational cannabis use, allowing the sale and consumption of THC-infused beverages within regulated markets.
- Medical Use Only States: In states where only medical cannabis is legal, THC beverages may be available exclusively to registered patients with qualifying conditions. The specifics of product availability can vary based on state regulations.
- Prohibited States: In states where cannabis remains illegal, the sale and possession of THC-infused beverages are prohibited. However, some states permit the sale of hemp-derived products containing less than 0.3% THC, though this is subject to change and varies by jurisdiction.
Below is an overview of each state’s stance on THC drinks as of January 2025:
1. Alabama
- Medical Use: Legal; patients with qualifying conditions can access medical cannabis.
- Recreational Use: Illegal.
- THC Beverages: Permitted for registered medical patients within the state’s medical cannabis program.
2. Alaska
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adults 21 and over in licensed dispensaries.
3. Arizona
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Accessible to adults 21+ in state-licensed dispensaries.
4. Arkansas
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Available to registered medical cannabis patients.
5. California
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Widely available in licensed dispensaries for adults 21 and over.
6. Colorado
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adult consumers in licensed retail outlets.
7. Connecticut
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Permitted for adults 21+ in licensed establishments.
8. Delaware
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available in licensed dispensaries for adult use.
9. Florida
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Accessible to registered medical cannabis patients.
10. Georgia
- Medical Use: Limited; low-THC oil permitted for specific conditions.
- Recreational Use: Illegal.
- THC Beverages: Generally prohibited due to strict THC content regulations.
11. Hawaii
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Available to registered medical patients within the state’s program.
12. Idaho
- Medical Use: Illegal.
- Recreational Use: Illegal.
- THC Beverages: Prohibited under state law.
13. Illinois
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adults 21+ in licensed dispensaries.
14. Indiana
- Medical Use: Illegal.
- Recreational Use: Illegal.
- THC Beverages: Not permitted; state maintains strict cannabis prohibitions.
15. Iowa
- Medical Use: Limited; CBD products allowed for certain conditions.
- Recreational Use: Illegal.
- THC Beverages: Generally prohibited due to low THC allowances.
16. Kansas
- Medical Use: Illegal.
- Recreational Use: Illegal.
- THC Beverages: Prohibited; state enforces strict anti-cannabis laws.
17. Kentucky
- Medical Use: Limited; low-THC CBD oil permitted for specific conditions.
- Recreational Use: Illegal.
- THC Beverages: Not allowed due to stringent THC restrictions.
18. Louisiana
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Accessible to registered medical patients through licensed dispensaries.
19. Maine
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adults 21+ in licensed retail stores.
20. Maryland
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Permitted for adult use in licensed establishments.
21. Massachusetts
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adults 21 and over in licensed dispensaries.
22. Michigan
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adults 21 and over in licensed dispensaries.
23. Minnesota
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Permitted for adult use in licensed establishments.
24. Mississippi
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Accessible to registered medical cannabis patients.
25. Missouri
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adults 21+ in licensed dispensaries.
26. Montana
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Permitted for adult consumers in licensed retail outlets.
27. Nebraska
- Medical Use: Illegal.
- Recreational Use: Illegal.
- THC Beverages: Prohibited under state law.
28. Nevada
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adults 21 and over in licensed dispensaries.
29. New Hampshire
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Accessible to registered medical cannabis patients.
30. New Jersey
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Permitted for adults 21+ in licensed establishments.
31. New Mexico
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adult consumers in licensed retail outlets.
32. New York
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Accessible to adults 21 and over in licensed dispensaries.
33. North Carolina
- Medical Use: Illegal.
- Recreational Use: Illegal.
- THC Beverages: Prohibited under state law.
34. North Dakota
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Available to registered medical cannabis patients.
35. Ohio
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Permitted for adults 21+ in licensed establishments.
36. Oklahoma
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Accessible to registered medical cannabis patients.
37. Oregon
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adults 21 and over in licensed dispensaries.
38. Pennsylvania
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Accessible to registered medical cannabis patients.
39. Rhode Island
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Permitted for adults 21+ in licensed establishments.
40. South Carolina
- Medical Use: Illegal.
- Recreational Use: Illegal.
- THC Beverages: Prohibited under state law.
41. South Dakota
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Available to registered medical cannabis patients.
42. Tennessee
- Medical Use: Illegal.
- Recreational Use: Illegal.
- THC Beverages: Prohibited under state law.
43. Texas
- Medical Use: Limited; low-THC cannabis products allowed for specific conditions.
- Recreational Use: Illegal.
- THC Beverages: Generally prohibited due to strict THC content regulations.
44. Utah
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Accessible to registered medical cannabis patients through state-regulated dispensaries.
45. Vermont
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adults 21 and over in licensed retail outlets.
46. Virginia
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Permitted for adult consumers in licensed establishments.
47. Washington
- Medical Use: Legal.
- Recreational Use: Legal.
- THC Beverages: Available for adults 21 and over in state-licensed dispensaries.
48. West Virginia
- Medical Use: Legal.
- Recreational Use: Illegal.
- THC Beverages: Accessible to registered medical cannabis patients through licensed dispensaries.
49. Wisconsin
- Medical Use: Illegal.
- Recreational Use: Illegal.
- THC Beverages: Prohibited under state law.
50. Wyoming
- Medical Use: Illegal.
- Recreational Use: Illegal.
- THC Beverages: Not permitted; state enforces strict anti-cannabis regulations.
Conclusion
As of January 2025, the legal status of THC-infused beverages varies significantly across the United States, reflecting a complex landscape shaped by both federal and state regulations. While some states have embraced the legalization of cannabis in various forms, including THC beverages, others maintain strict prohibitions. Consumers interested in these products should remain informed about the specific laws in their state to ensure compliance and make informed decisions.
