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Home : THC Drinks :  Legal States

Are THC Drinks Legal in Your State?

Hemp-derived THC drinks live or die by state law, and the rules change constantly. This page tracks where you can buy them at ordinary retail, where they are locked behind dispensary doors, and where they are banned outright. Every state entry lists its sources and the date we last reviewed it.

Each entry also covers mail order, because "legal in stores" and "someone will ship it to you" are different questions. A few states allow retail but ban direct shipping, and every brand maintains its own ship-to list at checkout, so treat the checkout page of a brand we have vetted as the final word for your address.

First, the big one: the federal ban arrives December 11, 2026

A federal law signed in November 2025 (P.L. 119-37, Section 781) redefines hemp to cap finished products at 0.4 milligrams of total THC per container. Almost every THC drink on the market is above that line, so hemp THC drinks lose their federal legal basis no matter what your state says. Dispensary drinks sold under state marijuana laws are not affected. The date moved on September 2, 2026, when the president signed H.R. 6500, the Continuing Appropriations and Extensions Act, 2027; the House passed it 370 to 48 on September 1 and the Senate 90 to 6 on August 8. It pushes most of the new hemp restrictions, including the 0.4mg per container cap and the total THC standard that counts THCA, from November 12 back to December 11, 2026. Read the fine print, because this is not a blanket delay. Products containing cannabinoids the plant cannot produce on its own do not get the extension, so delta-8, delta-10 and THC-O lose hemp status on November 12, 2026 exactly as originally scheduled. Naturally derived delta-9 drinks are the ones that got the extra month. Do not read December 11 as the start of another extension, either: the White House has signaled it does not intend to ask for more time, and the bills that would replace the cap with a real regulatory framework have not advanced. The Beverage Regulatory Parity Act (H.R. 10079), introduced August 10, would carve hemp drinks out of the per-container limit, cap them at 5mg of THC per serving, and regulate them like alcohol under a three-tier system. It has backing from alcohol wholesalers and retailers, but it has not had a committee vote, and it is still a proposal, not a rescue. We cover what that means and what you can do about it in our federal THC drink ban explainer.

  • Legal at retail (19)
  • Restricted (17)
  • Banned (8)
  • Gray area (6)

Tap a state for details. Color shows status; every entry spells it out below.

Every state, in detail

The quick math: 19 states let you buy THC drinks at regular stores, 17 restrict them to dispensaries or cap doses below real-world products, 8 ban them outright, and 6 are genuine gray areas.

AlabamaLegal at retail

Legal at retail with some of the South’s clearest rules.

HB 445 (2025) built a real framework: 21+, caps of 10mg per serving and 40mg per package, lab testing, and licensing through the ABC Board. Drinks that follow the rules are sold openly.

Can you order it online? Officially no. HB 445 banned online, mail-order, and direct-delivery hemp sales effective January 1, 2026, so the legal route is in person at licensed retailers. In practice, some national brands still ship to Alabama; that compliance risk sits with the seller, not the buyer.

Last reviewed 2026-08-08. Source: CSG South hemp beverage overview

AlaskaRestricted

Dispensary only. Hemp THC drinks are off the table.

Alaska bars any detectable delta-9 THC in consumable hemp products, so hemp seltzers cannot be sold at ordinary retail. THC drinks exist, but only through licensed cannabis stores.

Can you order it online? No. THC products here move through licensed cannabis stores, and dispensaries cannot mail THC. Reputable hemp brands will not ship to Alaska.

Last reviewed 2026-08-03. Source: Floral state law guide (Alaska)

ArizonaRestricted

Dispensary only.

Arizona pushed intoxicating hemp products into its licensed cannabis system. You can buy THC drinks, just not at grocery or liquor stores.

Can you order it online? Officially no. The law routes hemp THC through licensed dispensaries, so mail order is not a legal sales channel. In practice, some national brands ship to Arizona anyway, and since recreational cannabis is legal here, an adult holding a THC drink is not the one at legal risk. The seller is.

Read our full Arizona THC drinks guide

Last reviewed 2026-08-08. Source: Fennemore on the Arizona AG enforcement letters

ArkansasBanned

Banned, with active enforcement.

Act 629 (2023) banned intoxicating hemp products outside medical dispensaries, and Act 934 (2025) expanded the ban after court challenges. The state has seized thousands of products from retailers.

Can you order it online? No. The ban covers mail order, and the state actively enforces it. Some out-of-state sites will still take your order and ship it; we do not recommend testing that in a state that seizes product.

Last reviewed 2026-08-08. Source: CSG South hemp beverage overview

CaliforniaRestricted

Dispensary only. No intoxicating hemp outside the cannabis market.

California’s AB 45 rules and the emergency regulations that followed ban intoxicating hemp products outside the licensed cannabis market. THC drinks are on dispensary shelves, not at the corner store.

Can you order it online? No. California is on major brands' no-ship lists, including Crescent Canna's. Dispensary shelves are the route here.

Last reviewed 2026-08-03. Source: Gilmore Law on AB 8 and the federal ban

ColoradoRestricted

Dispensary only.

Colorado routes intoxicating hemp products through its licensed cannabis system. THC drinks are available, but only from dispensaries and state-regulated retailers.

Can you order it online? No. Same dispensary-only logic as retail: reputable hemp brands will not ship into Colorado.

Last reviewed 2026-08-03. Source: BudPop 50-state guide

ConnecticutRestricted

Licensed channels only, at low doses.

Connecticut treats hemp products with meaningful THC as cannabis, so sales run through licensed retailers. Low-dose drinks around 3mg per serving have launched through that system, including at breweries and package stores.

Can you order it online? Not really. Sales run through Connecticut's licensed system, so out-of-state mail order is off the table.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

DelawareRestricted

Cannabis program only, with liquor stores opening October 21.

Delaware kept intoxicating hemp out of ordinary retail and inside its cannabis program. HB 373, signed July 23, 2026, changes that: licensed liquor stores and marijuana retailers can sell THC drinks to adults 21+, capped at 10mg of delta-9 per single-serving container and 60mg per package, and the THC has to be extracted from hemp rather than converted from other cannabinoids. Most of the law takes effect October 21, 2026, which gives the new market about three weeks before the federal date lands on it.

Can you order it online? No. Delaware law routes these drinks through licensed in-person retail, and reputable brands will not ship here.

Last reviewed 2026-08-10. Source: Marijuana Moment on Delaware HB 373

FloridaLegal at retail

Legal at retail. Tried to regulate, has not managed it yet.

Hemp drinks under 0.3% delta-9 THC are sold to adults 21+ under the state hemp program. Lawmakers have tried repeatedly to pass a beverage framework, and the 2026 session ended with every hemp beverage bill dead.

Can you order it online? Yes. Florida is one of the easiest states to order into, and most national brands ship here.

Read our full Florida THC drinks guide

Last reviewed 2026-08-03. Source: CSG South hemp beverage overview

GeorgiaLegal at retail

Legal at retail with a 10mg serving cap.

Georgia regulates hemp beverages through the Department of Agriculture under SB 494: 21+, 10mg of delta-9 per 12oz serving, with testing and warning labels required. SB 33, signed May 11, 2026, tightened the definition of intoxicating cannabinoids and set a 0.3% total THC ceiling, but it left the beverage milligram caps where they were. SB 254, which would have cut drinks to 5mg per serving and confined sales to liquor stores, died in a House committee in March 2026. One local quirk: liquor stores are the one place in Georgia that cannot sell these, so look in convenience stores and hemp shops instead.

Can you order it online? Yes. Most national brands ship to Georgia, and compliant products carry the state's 10mg serving cap.

Last reviewed 2026-08-10. Sources: Eversheds Sutherland on Georgia SB 33, Georgia DOR bulletin on hemp in liquor stores, CSG South hemp beverage overview

HawaiiBanned

Banned. No retail path.

Hawaii applies a total-THC standard and bars intoxicating hemp products, leaving no legal retail path for hemp THC drinks.

Can you order it online? No. No retail path means no mail-order path either.

Last reviewed 2026-08-03. Source: BudPop 50-state guide

IdahoBanned

Banned. Zero tolerance for any THC.

Idaho prohibits any amount of THC, full stop. There is no legal hemp THC product of any kind here.

Can you order it online? No. Zero-tolerance means zero shipping. Any vendor offering to ship THC to Idaho is one to avoid.

Last reviewed 2026-08-03. Source: BudPop 50-state guide

IllinoisLegal at retail

Legal at retail today, banned November 12, 2026. The federal delay does not help here.

Illinois has been one of the friendlier states for hemp drinks, and SB 3222 ends that. The governor signed it on June 12, 2026. Sales to anyone under 21 stopped immediately, and on November 12, 2026 the state adopts the same 0.4mg total THC per container line, which pushes anything stronger into the licensed cannabis system. This is the state to watch for the difference between the two dates. Illinois wrote the 0.4mg cap and the November 12 date into its own statute, deliberately aligned with the federal timetable rather than adopted by reference to it, so when Congress pushed the federal drinks deadline to December 11, 2026, the Illinois date did not move with it. Plan on November 12 here even though most of the country now has until December 11.

Can you order it online? Yes, until November 12, 2026. After that the state cap ends ordinary sales, shipped or otherwise. Note that this is a month earlier than the federal deadline, because the Illinois date is set in state law and was not affected by the federal delay.

Last reviewed 2026-09-03. Sources: Marijuana Moment on the signed bill, IDFPR SB 3222 fact sheet

IndianaLegal at retail

Legal at retail, with some legal fog around the edges.

Hemp drinks are widely sold under the federal farm bill definition and there is no beverage-specific state law. The attorney general has taken a hostile view of delta-8 products, so the broader hemp market has some legal fog, but delta-9 drinks under 0.3% are on shelves.

Can you order it online? Yes. Brands ship to Indiana under the federal default, same as in-store sales.

Read our full Indiana THC drinks guide

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

IowaLegal at retail

Legal at retail, but only truly low-dose drinks qualify.

Iowa’s 2024 consumable hemp law allows drinks up to 4mg THC per serving and 10mg per container, 21+. That keeps the lightest seltzers legal and pushes anything stronger off the shelf.

Can you order it online? Only low-dose products. Iowa's 4mg per serving and 10mg per container caps apply to anything sold into the state, which rules out most standard 5mg and 10mg drinks.

Last reviewed 2026-08-03. Source: CSG Midwest hemp products overview

KansasGray area

Gray area. No framework, and officials read the law strictly.

Kansas has no licensing program and no beverage law. Authorities interpret the hemp limit as covering all forms of THC, which puts most intoxicating products on shaky ground even though enforcement is uneven.

Can you order it online? Gray, like everything else here. Many national brands do ship to Kansas, but the state's strict reading of THC limits applies to mail order too.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

KentuckyLegal at retail

Legal at retail with a 5mg serving cap.

Kentucky regulates hemp beverages through Alcoholic Beverage Control: 21+, 5mg of intoxicating cannabinoids per 12oz serving, with testing and labeling requirements.

Can you order it online? Yes, within Kentucky's 5mg serving cap. Compliant brands ship here.

Last reviewed 2026-08-03. Source: CSG South hemp beverage overview

LouisianaLegal at retail

Legal at retail with a 5mg serving cap.

Louisiana allows consumable hemp products at up to 5mg THC per serving, 21+, with testing and labeling enforced through the Office of Alcohol and Tobacco Control.

Can you order it online? Yes, but only drinks with 5mg or less per serving. Crescent Canna, for example, ships its 5mg products into Louisiana but not its stronger cans.

Last reviewed 2026-08-03. Source: CSG South hemp beverage overview

MaineLegal at retail

Legal at retail under state oversight.

Maine’s Office of Cannabis Policy oversees intoxicating hemp products with testing standards and THC limits, and drinks are sold under that framework.

Can you order it online? Mostly no. Maine's rules keep most national brands from shipping here; Crescent Canna lists it as a no-ship state. Buy through Maine's own licensed retail.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

MarylandRestricted

Dispensary only since 2023.

Maryland requires intoxicating hemp products to be sold through licensed cannabis dispensaries. The rule survived court challenges and keeps hemp drinks out of ordinary retail.

Can you order it online? No. Dispensary-only at retail means reputable brands will not mail products in either.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

MassachusettsRestricted

Not allowed outside dispensaries, and regulators mean it.

A 2024 joint advisory from state agencies says hemp-derived THC and CBD cannot be added to food or drinks sold in the state, and the liquor commission has warned licensees they could lose licenses over it. Dispensary products are the only sanctioned route.

Can you order it online? No. Regulators have warned licensees directly, and reputable brands will not ship to Massachusetts.

Last reviewed 2026-08-03. Source: Boston Globe on the hemp crackdown

MichiganRestricted

Regulated like cannabis, sold through dispensaries.

Michigan set potency caps for hemp drinks back in 2021 (10mg per serving, 100mg per container) but routes sales through licensed marijuana retailers rather than ordinary stores.

Can you order it online? Officially no. Hemp drinks route through licensed marijuana retailers, which cannot mail THC. In practice, some out-of-state brands ship to Michigan anyway; with recreational cannabis legal here, that risk falls on the seller, not on you.

Last reviewed 2026-08-08. Source: CSG Midwest hemp products overview

MinnesotaLegal at retail

The model state. THC seltzers at Target.

Minnesota built the country’s most visible hemp drink market: 5mg per serving, licensed and lab-tested, sold in liquor stores, taprooms, and big retail. It is the template everyone else argues about.

Can you order it online? Yes. Minnesota's licensed market includes compliant direct shipping, and its homegrown brands ship within the rules.

Last reviewed 2026-08-03. Source: CSG Midwest hemp products overview

MississippiBanned

Effectively banned.

There is no legal framework for hemp THC products, and a June 2025 attorney general opinion tightened the screws. SB 2645, which would have banned hemp, THC, and kratom beverages outright, died in committee in February 2026, but that changes nothing on the ground. Do not count on finding drinks here.

Can you order it online? No. Effectively banned at retail and by mail alike.

Last reviewed 2026-08-10. Source: CSG South hemp beverage overview

MissouriLegal at retail

Drinks legal until December 11, 2026. Other hemp THC products end November 12.

Missouri drinks are legal right now. HB 2641 (signed April 2026) adopts the federal 0.4mg total THC cap, and because the Missouri law carves out beverages specifically, Missouri tracks the federal date for drinks rather than fixing its own. That wrinkle now pays off: the federal delay signed on September 2, 2026 moved the drinks deadline to December 11, 2026, so Missouri beverages get the extra month too. Everything else intoxicating and hemp-derived still comes off the shelf on November 12, 2026, since the products made from cannabinoids the plant cannot produce on its own were left out of the delay entirely.

Can you order it online? Yes, until December 11, 2026 for drinks, when the 0.4mg cap ends ordinary sales, shipped or otherwise. Non-beverage intoxicating hemp products lose their legal basis a month earlier, on November 12.

Last reviewed 2026-09-03. Sources: CSG South hemp beverage overview, KCUR on the Missouri ban and the federal stopgap

MontanaRestricted

Caps so low the market is effectively gone.

HB 49 (2025) capped hemp products at 0.5mg THC per serving and 2mg per package. Mainstream drinks run 2.5 to 10mg per serving, so roughly the whole beverage market fell out of compliance overnight.

Can you order it online? No. The 0.5mg serving cap applies regardless of how the product arrives, so mainstream drinks cannot legally be shipped in.

Last reviewed 2026-08-03. Source: US Hemp Roundtable on HB 49

NebraskaGray area

Gray area. Permissive law, hostile enforcement climate.

Nebraska law mirrors the federal farm bill with no beverage-specific rules, and drinks are sold in practice. But the attorney general has aggressively pursued hemp retailers, so treat this one as unsettled.

Can you order it online? Gray. Many brands ship to Nebraska under the permissive statute, but the enforcement climate makes it unsettled, mail order included.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

NevadaRestricted

Dispensary only.

Nevada’s Cannabis Compliance Board decided that anything containing THC that can get you high is a cannabis product, which means licensed dispensaries only. No hemp seltzers at the mini-mart, even in Vegas.

Can you order it online? No. The Cannabis Compliance Board treats anything intoxicating as a cannabis product, so no legitimate mail order.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

New HampshireGray area

Gray area. Sold in practice, frowned on by authorities.

New Hampshire has no formal ban, and hemp drinks show up at retail. State authorities have signaled that intoxicating hemp cannabinoids are not legal under state law, though, so the ground here is soft.

Can you order it online? Gray. Brands generally ship to New Hampshire, but the state's position on intoxicating hemp makes it less settled than it looks.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

New JerseyLegal at retail

Legal in liquor stores at 5mg, with a hard stop coming in November.

New Jersey’s 2026 laws let licensed liquor retailers and cannabis stores sell hemp drinks capped at 5mg per serving and 10mg per container. On November 13, 2026, anything over the new federal 0.4mg line becomes cannabis and moves to dispensaries only.

Can you order it online? Officially no. New Jersey's 2026 law bans online sales of intoxicating hemp products outright, and licensed liquor stores and dispensaries are the only legal route. In practice, some national brands still ship here; expect that window to close for good at the November 13 dispensary-only deadline.

Last reviewed 2026-08-08. Source: NJ Cannabis Regulatory Commission FAQ

New MexicoRestricted

Semi-synthetic hemp THC banned; dispensaries carry drinks.

Regulators adopted emergency rules in 2025 banning semi-synthetic THC cannabinoids in hemp products, which sweeps up most hemp-derived drinks. THC beverages are available through the state’s licensed cannabis dispensaries.

Can you order it online? No. The semi-synthetic THC ban covers most hemp drinks however they arrive. Dispensaries carry drinks locally.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

New YorkRestricted

Technically legal, but capped at 1mg a can.

New York’s hemp rules allow drinks at no more than 1mg THC per serving and 10mg per package with a required 15:1 CBD-to-THC ratio, sold under a state license. Beverages must also be packaged as a single serving, which fixes the real ceiling at 1mg a can. Mainstream 5mg seltzers miss that by five times over, so the compliant selection is thin. Licensed dispensaries sell cannabis beverages at up to 10mg per serving under the separate marijuana rules.

Can you order it online? Officially no for anything mainstream. Drinks above 1mg per serving cannot legally be sold to New Yorkers, online or off. In practice, some national brands ship standard 5mg and 10mg drinks into New York anyway; the sale is the illegal part, and that sits with the seller.

Read our full New York THC drinks guide

Last reviewed 2026-09-06. Source: NY OCM Part 114 regulations

North CarolinaLegal at retail

Legal at retail with minimal state rules.

North Carolina follows the federal 0.3% delta-9 standard with little extra regulation, and hemp drinks are widely available. Lawmakers keep debating tighter rules, so this could change.

Can you order it online? Yes. North Carolina is an easy ship-to state for national brands.

Last reviewed 2026-08-03. Source: CSG South hemp beverage overview

North DakotaBanned

Banned.

North Dakota adopted a strict total-THC hemp definition in 2023 and treats converted cannabinoids like delta-8 as controlled substances. There is no retail path for THC drinks.

Can you order it online? No. Banned at retail and by mail alike.

Last reviewed 2026-08-03. Source: CSG Midwest hemp products overview

OhioGray area

Gray area. Banned on paper since March 20, 2026, but a federal injunction lets named brands, Crescent Canna included, sell and ship here.

Senate Bill 56 reclassified anything over 0.4mg total THC per container as marijuana, and the governor vetoed a carve-out that would have spared drinks. Since March 20, 2026, THC beverages can only be sold through licensed dispensaries. A repeal effort failed to make the ballot. The courts have been punching holes in it since. On July 13, 2026 a federal judge issued a preliminary injunction barring the state from enforcing the ban against ten hemp beverage companies, ruling that it likely discriminates against out-of-state businesses. On August 7 the same judge granted a second temporary restraining order covering fourteen more, including Ohio breweries like Rhinegeist, Fifty West, Seventh Son, and Great Lakes Brewing, and their drinks started turning up on shelves again around August 10. On September 4 Judge Jeffrey Helmick replaced that restraining order with a preliminary injunction in Delta Beverages v. Canepa. It bars the state from enforcing SB 56’s hemp definition against the named plaintiffs, a list that includes Delta Beverages, Crescent Canna, Cheech & Chong’s, Torch, Hometown Hero, Uncle Arnie’s, and those four breweries, and it also covers anyone possessing, selling, distributing, or consuming their products, as long as the product is legal hemp under federal law. Read the fine print, though. The injunction protects the brands named in the case, not every can on every shelf, and the state has already taken the July order to the Sixth Circuit, so the list of who is covered can still move with the docket.

Can you order it online? Yes, from the brands named in the federal case. Crescent Canna and the other companies covered by the September 4 injunction can ship to Ohio, and that order protects the buyer as well as the seller. Outside that list, selling THC beverages to Ohio consumers is still illegal on paper. Some national brands ship here anyway, that gamble belongs to the seller, and adults can legally possess THC in Ohio either way.

Read our full Ohio THC drinks guide

Last reviewed 2026-09-07. Sources: Ohio Capital Journal on SB 56, Cannabis Business Times on the federal injunction, Local 12 on the August 7 order covering Cincinnati breweries, NBC4 on Seventh Son and the second restraining order, Marijuana Herald on the September 4 preliminary injunction

OklahomaGray area

Gray area, trending restrictive.

Oklahoma applies a total-THC reading of the hemp limit, and January 2026 agency guidance points toward the federal 0.4mg per container standard. Legislation to codify restrictions has been pending. Products are still around, but the direction of travel is clear.

Can you order it online? Gray and tightening. Some brands still ship to Oklahoma, but agency guidance pointing at a 0.4mg cap makes that a shrinking window.

Last reviewed 2026-08-03. Source: CSG South hemp beverage overview

OregonRestricted

Dispensary only.

Oregon banned intoxicating hemp products outside its regulated cannabis market. THC drinks are easy to find, but only in dispensaries.

Can you order it online? Officially no. Oregon is dispensary-only, and dispensaries cannot mail THC. In practice, a few national hemp brands ship here anyway; with recreational cannabis long legal in Oregon, the legal exposure is theirs, not yours.

Last reviewed 2026-08-08. Source: BudPop 50-state guide

PennsylvaniaLegal at retail

Legal at retail under the federal default.

Pennsylvania has no state law specifically restricting hemp-derived THC drinks, so farm bill compliant products are sold to adults through ordinary retail.

Can you order it online? Yes. Pennsylvania is a standard ship-to state for national brands.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

Rhode IslandRestricted

Licensed retailers can sell them, capped at 1mg per serving.

Rhode Island has let licensed retailers, including bars, restaurants, and liquor stores, sell hemp THC drinks since August 2024, which sounds friendlier than it is. State rules cap hemp consumables at 1mg of total THC per serving and 5mg per package, so the standard 5mg and 10mg cans do not qualify and what is on the shelf here is light by design. The Cannabis Control Commission recommended in March 2026 that the General Assembly also bar THC drinks at businesses licensed to serve alcohol on site. S 3215, which would have created an infused-beverage endorsement for liquor and cannabis retailers, was held for further study on June 2, 2026 and went nowhere. The commission has signaled its own rule rewrite could slip into 2027 while it waits to see what the federal government does. It isn’t waiting on the federal cap, though. On September 11, 2026 the commission told licensed hemp businesses to pull every product over 0.4mg of total THC per container from their shelves and websites before December 11, 2026, and it won’t let that stock be moved into cannabis stores instead. Even a 1mg can is over that line, so after December 11 there isn’t much left to call a THC drink here.

Can you order it online? No, not for anything mainstream. The 1mg per serving cap applies to any sale into Rhode Island, so ordinary-strength drinks cannot legally be shipped here and reputable brands will not do it. The low-dose products that clear the cap are sold through the state's licensed retailers, and starting December 11, 2026 anything over 0.4mg per container is noncompliant in Rhode Island, online sales included.

Last reviewed 2026-09-14. Sources: Rhode Island Current on the CCC draft beverage rules, Rhode Island Current on the on-premise sales recommendation, LegiScan bill history for RI S 3215 (2026), Marijuana Herald on CCC Cannabis Office Bulletin 2026-7

South CarolinaLegal at retail

Legal at retail, and the bill that would have ended it died.

Hemp drinks are sold here with almost no state regulation. H.3924 would have imposed the 0.4mg total THC cap, but the House rejected the conference report on June 25, 2026 and the bill died with the session. South Carolina stays one of the least regulated markets in the country, which cuts both ways.

Can you order it online? Yes. Brands ship to South Carolina freely. The federal December 11, 2026 date is the real deadline for drinks now, not anything coming out of the statehouse.

Last reviewed 2026-08-10. Sources: SC Legislature bill history for H.3924, Copper Dome Chronicle session wrap (August 2026)

South DakotaBanned

Banned.

South Dakota banned chemically converted cannabinoids from hemp in 2024 and tightened its hemp definitions again in 2026. There is no meaningful retail path for THC drinks.

Can you order it online? No. Banned at retail and by mail alike.

Last reviewed 2026-08-03. Source: CSG Midwest hemp products overview

TennesseeLegal at retail

Legal at retail with the most generous caps around.

Since January 2026 the Alcoholic Beverage Commission regulates hemp drinks: 21+, up to 15mg per serving and two servings per container, with full-panel testing and QR-coded labels. Yes, that cap is higher than Minnesota’s.

Can you order it online? No. Tennessee banned online sales and direct-to-consumer delivery of hemp products effective January 1, 2026. In-person licensed retail only.

Last reviewed 2026-08-03. Source: CSG South hemp beverage overview

TexasLegal at retail

Legal at retail, and the fight is not over.

Low-dose delta-9 drinks remain legal under TABC oversight. The July 31, 2026 crackdown put delta-8, delta-10, THCP, and THCA flower on the state Schedule 1 list, with felony penalties for possession, but it left compliant delta-9 beverages alone. That covers the brands people ask us about by name: yes, Crescent 9 is legal in Texas, and so is Willie’s Remedy. This round came from a May 2026 Texas Supreme Court ruling rather than new legislation, and hemp industry groups sued on August 4 to block it. On August 10 a federal judge turned down their emergency request to pause the ban, ruling they had not shown irreparable harm, so the ban stands while the case goes on. The broader request for a preliminary injunction is still pending, and four more hemp retailers filed a separate federal suit on August 21 arguing the health department overstepped its authority, so the delta-8 and THCA side of this could move again. A third case is running in state court, where hemp distributors sued the health department in Travis County over the enforcement standard it has applied since July. On September 6, 2026 Judge Maria Cantu Hexsel denied their request for a temporary restraining order and set a hearing on a temporary injunction for October 30. Low-dose delta-9 drinks were never part of the ban and are not part of any of these fights.

Can you order it online? Yes. Texas remains a major direct-to-consumer market, and compliant low-dose delta-9 drinks ship here under TABC-era rules. Crescent Canna ships Crescent 9 to Texas addresses (21+, no medical card needed), and the cans are on store shelves around the state too.

Last reviewed 2026-09-07. Sources: Marijuana Herald on the denied restraining order and the October 30 hearing, Insurance Journal on the August 21 retailer suit, Texas Tribune on the 2026 rules, Texas Tribune on the denied emergency motion, Houston Public Media on the industry lawsuit, Crescent Canna Texas ordering guide, WFAA explainer on the July 31 changes

UtahBanned

Banned.

Utah treats intoxicating hemp cannabinoids as controlled substances and forbids products with meaningful THC. There is no retail path for THC drinks.

Can you order it online? No. Banned at retail and by mail alike.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

VermontBanned

Banned outside the cannabis market.

Vermont bans intoxicating hemp products outside its regulated cannabis system, so hemp THC drinks have no retail path.

Can you order it online? No. Banned outside the cannabis market, shipping included.

Last reviewed 2026-08-03. Source: BudPop 50-state guide

VirginiaRestricted

A 2mg package cap keeps real drinks out, and it just got stricter.

Virginia caps hemp products at 2mg total THC per package, one of the strictest limits in the South. The 25:1 CBD-to-THC ratio exception that let some products clear that cap went away at midnight on August 15, 2026, and hemp enforcement moves from the agriculture department to the Cannabis Control Authority the same month. Seven hemp businesses sued to stop it and a federal judge denied them on August 14, finding they had shown neither a likely win on the merits nor irreparable harm, so the cap took effect on schedule. Mainstream THC drinks did not qualify before and they do not now.

Can you order it online? Officially no. The 2mg package cap makes mainstream drinks illegal to sell into Virginia by any channel, and the August 15 change closed the ratio workaround that a few products leaned on. In practice, some national brands ship here anyway; the cap regulates sellers, and they are the ones betting on it.

Last reviewed 2026-08-17. Sources: Virginia Cannabis Control Authority on the new laws, Vicente LLP on the August 15 cap, WDBJ7 on the judge refusing to delay the law

WashingtonRestricted

Dispensary only since 2023.

Washington was an early mover, banning intoxicating hemp products outside the regulated cannabis market in 2023. THC drinks are dispensary-only.

Can you order it online? No. Dispensary-only since 2023; reputable brands will not ship here.

Last reviewed 2026-08-03. Source: BudPop 50-state guide

West VirginiaLegal at retail

Legal at retail, registered and taxed.

West Virginia regulates hemp drinks with product registration, testing, labeling, and an 11% excise tax, with enforcement help from the alcohol authority. Compliant drinks are sold openly.

Can you order it online? Yes. Registered, compliant products ship to West Virginia.

Last reviewed 2026-08-03. Source: CSG South hemp beverage overview

WisconsinLegal at retail

Legal at retail, essentially unregulated.

Wisconsin has no specific law restricting hemp-derived THC products, so farm bill compliant drinks are sold freely. Bills to change that have been introduced but not passed.

Can you order it online? Yes. Wisconsin is a standard ship-to state for national brands.

Last reviewed 2026-08-03. Source: CSG Midwest hemp products overview

WyomingGray area

Gray area. Converted THC is a controlled substance here.

Wyoming allows hemp at or below 0.3% delta-9 but treats isomerized or converted THC as controlled substances, which covers how most hemp drink THC is actually made. Between that and a strict enforcement climate, this is not a state to assume anything in.

Can you order it online? Gray. Some brands ship here, but Wyoming's treatment of converted THC puts most hemp drink formulations on the wrong side of the line. Order cautiously if at all.

Last reviewed 2026-08-03. Source: Marijuana Herald 50-state status

This page is our best good-faith reading of a fast-moving patchwork of laws, written for drinkers, not lawyers. It is not legal advice, and a state can change its rules faster than we can update a website. When it matters, check your state's own guidance or talk to an attorney. This site contains product affiliate links; we may receive a commission if you make a purchase after clicking one.

Links marked with a cart icon and the product links in the sidebar are affiliate links. We may earn a commission if you buy through one, at no extra cost to you.

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