Yes, from OCM-licensed sellers. Minnesota allows hemp THC drinks for adults 21 and over at up to 10mg of delta-9 THC per can, and since August 1, 2026, larger resealable bottles at 5mg per serving. Only businesses licensed by the Office of Cannabis Management may sell, and a February 2026 ruling says licensed retailers may ship to customers. Here are the rules.
- Hemp THC drinks are legal for adults 21+, up to 10mg of delta-9 THC per can.
- Since August 1, 2026, resealable bottles of 750ml or more may hold up to 17 servings of 5mg each.
- Only OCM-licensed retailers may sell, including online sellers shipping into Minnesota.
- A February 12, 2026 ruling stopped OCM from enforcing its ban on licensed retailers shipping to consumers.
Want to know if Minnesota's rules change? Join our email list. For what we ship where, see where we ship.
Minnesota built one of the first state frameworks for hemp THC drinks. State law calls them lower-potency hemp edibles. A beverage may contain "no more than ten milligrams of delta-9 tetrahydrocannabinol in a single container" (Minn. Stat. 342.01, subd. 50). The Office of Cannabis Management (OCM) licenses everyone who sells them.
A 2026 law, Chapter 123, signed May 26, 2026, added a multi-serving bottle format and other changes. Sellers need an OCM license, and a February 2026 ruling stopped OCM from enforcing its ban on licensed retailers shipping to consumers. This guide covers the limits, where to buy, and the federal change on December 11, 2026. Every legal claim links to its primary source.
Key Takeaways
- 10mg per can. A beverage may contain no more than 10mg of delta-9 THC in a single container (Minn. Stat. 342.01).
- New bottle format. Since August 1, 2026, resealable child-resistant bottles of at least 750ml may hold up to 17 servings of 5mg (2026 c. 123).
- 21+. Retailers must verify age before sale or delivery (Minn. Stat. 342.46).
- License required. No one may sell lower-potency hemp edibles without an OCM license (Minn. Stat. 342.09).
- Shipping by licensed retailers. An administrative law judge ordered OCM to stop enforcing its no-shipping guidance on February 12, 2026 (Minn. Court of Administrative Hearings).
- Delivery by licensed retailers with a delivery endorsement is allowed.
- Penalties for unlicensed sales or imports run up to $1,000,000.
Are THC Drinks Currently Legal in Minnesota?
Yes. Hemp THC drinks are legal for adults 21+ as lower-potency hemp edibles, sold by OCM-licensed businesses within the state's limits.
Limits
Minn. Stat. 342.01, subd. 50 caps beverages at 10mg of delta-9 THC in a single container, with other cannabinoids limited per serving. Chapter 123 of 2026 added a multi-serving format from August 1, 2026: a resealable, child-resistant container of at least 750ml, with no more than 5mg of delta-9 THC per serving and no more than 17 servings. OCM's summary says that format is for off-site sale only.
Who May Sell
No one may sell lower-potency hemp edibles without an OCM license, and no one may import products made out of state to sell to Minnesota consumers without one (Minn. Stat. 342.09). OCM's guidance said that "LPHE retailers are not permitted to ship directly to consumers." On February 12, 2026, an administrative law judge ruled that statement was an unadopted rule and ordered OCM to stop enforcing it, finding that "nothing in the plain text of the statute" makes licensed delivery the only way to get these products to customers (Minn. Court of Administrative Hearings, No. 24-4800-41292). The decision can be appealed to the Minnesota Court of Appeals, and we found no appeal on record as of this update. Retailers still have to verify age before any sale. Licensed retailers may deliver with a delivery endorsement (Minn. Stat. 342.46). Bars and liquor stores need an OCM retail license to sell these drinks, and on-sale liquor licensees can get an on-site consumption endorsement.
Penalties
OCM can impose civil penalties for importing or selling THC products without a license, ranging up to $1,000,000 depending on the amount, and criminal penalties may also apply (Minn. Stat. 342.09, subd. 6).
Minnesota THC Drink Law at a Glance
| Status | Legal for adults 21+ |
|---|---|
| THC limit | 10mg delta-9 per can |
| Multi-serving bottles | From August 1, 2026: 750ml+, 5mg per serving, 17 servings max |
| Minimum age | 21 |
| Seller license | OCM license required |
| Shipping to consumers | Allowed for licensed retailers (Feb. 2026 ruling) |
| Federal change | 0.4mg total THC per container, from December 11, 2026 |
| Last verified | October 5, 2026 |
Where to Buy THC Drinks in Minnesota
Minnesota liquor stores, bars, breweries and dedicated shops sell hemp THC drinks under OCM licenses, and cities register storefront retailers locally. Check that the can is 10mg or less and that the store is licensed.
Buying Online
Anyone selling THC drinks to Minnesota consumers, including an out-of-state website, needs an OCM license. Since a February 12, 2026 ruling, OCM can't enforce its ban on licensed retailers shipping to customers, but an unlicensed seller still can't lawfully sell into Minnesota. Ask any website for its OCM license first. Check our where we ship page for our current status before you order.
Understanding Potency
Minnesota caps cans at 10mg and the new bottles at 5mg per serving. The number on a can is usually the THC in the whole container unless the label says otherwise. Drink half a 10mg can and you've had 5mg.
| THC per serving | Who it suits |
|---|---|
| Under 1mg | Barely perceptible for most adults; the range of the new federal and some state limits |
| 2–3mg | First-timers, or a drink to sip with dinner |
| 5mg | A noticeable but mild effect; the most common starting dose |
| 10mg | Regular THC drinkers |
| 20mg and up | Experienced drinkers with a known tolerance only |
Onset and Duration
THC drinks usually take effect in about 15 to 20 minutes, though it varies with your body, what you've eaten, and the drink. Effects typically last a few hours. Wait a full hour before having a second. For more detail, read how long THC drinks take to kick in and how much to drink.
What's Changing? The Future of THC Drinks in Minnesota
The Federal Hemp Definition Change
In November 2025, Congress rewrote the federal definition of hemp in Section 781 of the agriculture funding law, Public Law 119-37. Under the new definition, a finished product with more than 0.4 milligrams of total THC per container is no longer hemp. A 5mg seltzer has 12.5 times that amount, and a 10mg can has 25 times.
The change was set to take effect November 12, 2026. On September 2, 2026, the President signed a stopgap funding bill, Public Law 119-103. Its Section 2019 moves most of the change to December 11, 2026. One part was not delayed: cannabinoids that the cannabis plant cannot produce naturally lose hemp status on November 12. Read our full explainer: what December 11 means for THC drinks.
Industry Response
Several bills in Congress would replace the ban with regulation. One is H.R. 10079, which would allow hemp THC beverages for adults 21+ at up to 5mg per serving, sold through an alcohol-style distribution system. As of this update, none has passed. December 11 is also the date the stopgap funding expires, so the next federal funding bill is the one to watch.
If you want to weigh in, our Take Action page shows how to reach your members of Congress. To get our final order date as soon as it's set, join the email list.
What It Means for Minnesota
- State law: OCM says the federal change "does not change how Minnesota law defines" lower-potency hemp edibles (OCM). Many of them will still be federally noncompliant after December 11.
- January 1, 2027: parts of Chapter 123 take effect, including a new "ratio hemp-infused cannabis product" category.
THC Drinks vs. Edibles: Key Differences
| Factor | THC drinks | Gummies and edibles |
|---|---|---|
| Typical onset | About 15–20 minutes, though it varies | Often 30 minutes to 2 hours |
| Dose control | Easy to sip part of a can and stop | Sold as fixed pieces; you cut them to adjust |
| Social fit | Replaces the drink in your hand at a party or cookout | Nothing to hold or sip |
Drinks often take effect sooner because many brands use water-soluble emulsions. The downside: a second can tastes just like the first, so it's easy to drink one before the first has peaked. Read the full comparison: THC drinks vs. edibles.
Recipes to Try
Recipes for a lake weekend, a game day or a dinner party, all on our site:
Browse every recipe on the recipes page.
Driving After a THC Drink
Driving while under the influence of a lower-potency hemp edible is a crime in Minnesota (Minn. Stat. 169A.20), and using one in a motor vehicle is banned. If a drink affects you, don't drive.
How to Check a Can Before You Drink It
Minnesota requires labeled, tested lower-potency hemp edibles. Before you open any can:
- Find the QR code and scan it. It should open the certificate of analysis for that batch.
- Match the batch number on the can to the batch number on the COA.
- Compare the potency. The THC result on the COA should be close to the milligrams printed on the label, and within Minnesota's limit.
- Check the expiration date, especially for cans that have sat on a warm shelf.
Industry testing has found that many THC drinks don't match their labels. Read how to read a COA for what to look for.
Why Trust This Guide
HempBeverages.com sells THC drinks online, so we have a commercial interest in this topic. That is why this guide states Minnesota's rules as written, including where they limit online sellers like us. Every legal claim links to its source. The statements in this guide link to Minnesota Statutes, 2026 session law, Office of Cannabis Management guidance, a 2026 administrative court order and the federal public laws. We re-check them on the date shown at the top of the page. Our standards are on the editorial standards page. To compare Minnesota with other states, see where THC drinks are legal by state.
Final Verdict
Minnesota has a working, licensed market for hemp THC drinks:
- Up to 10mg per can, or 5mg per serving in the new bottles.
- Adults 21+, from OCM-licensed retailers.
- Licensed retailers may ship; unlicensed sellers may not sell at all.
Buy from an OCM-licensed seller, and watch the federal change on December 11, 2026.
- Hemp THC drinks are legal for adults 21+, up to 10mg of delta-9 THC per can.
- Since August 1, 2026, resealable bottles of 750ml or more may hold up to 17 servings of 5mg each.
- Only OCM-licensed retailers may sell, including online sellers shipping into Minnesota.
- A February 12, 2026 ruling stopped OCM from enforcing its ban on licensed retailers shipping to consumers.
Want to know if Minnesota's rules change? Join our email list. For what we ship where, see where we ship.
Frequently Asked Questions
Are THC drinks legal in Minnesota?
Yes, for adults 21+. Hemp THC drinks are legal as lower-potency hemp edibles at up to 10mg of delta-9 THC per container, sold by OCM-licensed retailers (Minn. Stat. 342.01, 342.46).
What is the THC limit for drinks in Minnesota?
10mg of delta-9 THC per can. Since August 1, 2026, resealable bottles of at least 750ml may hold up to 17 servings of 5mg each.
Can THC drinks be shipped to Minnesota?
Only by an OCM-licensed retailer. On February 12, 2026, an administrative law judge ordered OCM to stop enforcing its guidance that licensed retailers may not ship to consumers. Unlicensed sellers can't lawfully sell into Minnesota.
Can liquor stores sell THC drinks in Minnesota?
Yes, with an OCM retail license. Bars with an on-sale liquor license can get an on-site consumption endorsement.
How old do you have to be to buy THC drinks in Minnesota?
21. Retailers must verify age before every sale or delivery.
Will THC drinks be illegal in Minnesota after December 11, 2026?
OCM says the federal change does not change Minnesota's definition, but many lower-potency hemp edibles will be federally noncompliant after December 11, 2026. This is general information, not legal advice.
Can I get a DWI from a THC drink in Minnesota?
Yes. Minn. Stat. 169A.20 makes it a crime to drive under the influence of a lower-potency hemp edible.
Do THC drinks show up on a drug test?
They can. Hemp-derived delta-9 THC is the same compound standard drug tests screen for, and a legal hemp source does not change the result. If you are tested for work, read do THC drinks show up on a drug test before you drink one.
Must be 21+. This guide is for informational purposes only and does not constitute legal advice. Hemp and THC laws change often and vary by state; this page reflects Minnesota and federal law as verified on October 5, 2026. Check current rules with official sources such as the Minnesota Office of Cannabis Management. HempBeverages.com does not encourage buying or using THC products where it is not allowed.