In what states are THC drinks legal?
The legality of THC-infused beverages, including THC seltzers, varies across the United States and depends on both federal and state regulations.
Federal Regulations:
The 2018 Farm Bill has made hemp-derived products, that contain less than 0.3% delta-9 THC on a dry weight basis, federally legal. The result is hemp-derived THC beverages that comply with federal law. Yet, the Food and Drug Administration has not approved THC as a food additive or dietary supplement. This creates an extremely confusing regulatory situation.
(U.S. FOOD AND DRUG ADMINISTRATION)
State Regulations:
State laws regarding THC-infused beverages vary significantly:
Recreational Marijuana States
To date, as of July 2022, 19 states and Washington, D.C., have legalized recreationally using cannabis and now permit the sale of THC-infused beverages.
Hemp-derived THC Beverages
Other states allow the sale of hemp-derived THC beverages, even if recreational cannabis hasn't yet been fully legalized. For instance, Minnesota has passed specific legislation to allow the sale of hemp-derived THC beverages.
States with Bans
Some states have put in place prohibitions or restrictions on THC-infused drinks. For example, California, Maryland, and Alaska have banned these products, arguing that they pose public health risks.
States with Individual Laws
Other states, such as Georgia, Iowa, and Louisiana, have enacted their laws concerning THC drinks, with individual laws regulating the product.
Things to Watch for in the Market:
Based on the differences in law, there is a need to:
Stay Informed: Keep abreast of federal and state regulations, as laws are in a constant state of evolution.
Buy Responsibly: Buy THC-infused beverages from legitimate sources that are in compliance with local laws.
Understand Product Content: Know the THC content and ensure that it is within legal limits and personal tolerance.
The legality of THC infused beverages in the United States is quite complex and varies by state. Some states allow the products, while others restrict them or ban them outright. Consumers should be aware of the laws in their specific state and be cautious when buying and consuming THC-infused beverages.
