Every state writes its own hemp rules, and they have been rewritten repeatedly through 2025 and 2026. Some states cap THC per serving at a level below a single ordinary can. Some allow the category but only through licensed dispensaries or liquor stores. A handful ban it outright, and several are in active litigation over whether their ban holds.
What follows is our own research — read from state statutes, agency rules and attorney-general opinions rather than adapted from a secondary source — with the governing law cited for each jurisdiction so you can check it yourself. It covers all fifty states and the District of Columbia.
For the federal change now landing on December 11, 2026 — pushed back one month from November 12 by a short-term funding bill signed in early September 2026 — see what the 2026 hemp law means. For background on the category, read our guide on whether hemp THC drinks are legal. To see which states we currently deliver to — a separate question from what is legal — see where we ship.
State answer pages: for a one-page answer with the statute, the THC limit and our shipping status, see Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maine, Missouri, New Hampshire, New York, North Carolina, South Carolina, South Dakota, Texas, Wisconsin, California, Idaho.
This page is general information, not legal advice. Hemp and THC laws change frequently; confirm the current rules for your location before you buy.
-
AL
Alabama
Legal only in person from a retailer licensed by the state ABC Board. Online, mail-order and delivery to consumers are prohibited.
- THC limit
- 10mg per serving
- Min age
- 21
- Governing law
- Act 2025-451 (HB 445)
-
AK
Alaska
No ingestible hemp product containing delta-9 THC may be sold. Intoxicating hemp is lawful only through licensed marijuana stores. We do not ship to Alaska.
- THC limit
- No detectable THC
- Min age
- —
- Governing law
- AS 03.05.076; 11 AAC 40
-
AZ
Arizona
The hemp statute excludes ingestible products, so there is no legal lane outside a licensed dispensary. Contested in court.
- THC limit
- No framework
- Min age
- 21
- Governing law
- A.R.S. 3-311(5)
-
AR
Arkansas
Intoxicating hemp products are banned outright. The ban was reinstated on appeal in June 2025 and expanded in April 2026.
- THC limit
- Banned
- Min age
- —
- Governing law
- Act 629 (2023); Act 934 (2025)
-
CA
California
Hemp food and drink may contain no detectable THC. Intoxicating drinks are sold only through licensed dispensaries. Our zero-THC, hemp-free functional tonics do ship to California.
- THC limit
- No detectable THC
- Min age
- 21
- Governing law
- AB 8 (2025)
Full answer for California → -
CO
Colorado
Hemp drinks are capped at 1.75mg per serving with a CBD:THC ratio above 15:1. Stronger drinks are dispensary-only.
- THC limit
- 1.75mg per serving
- Min age
- 21
- Governing law
- SB 23-271; 6 CCR 1010-24
-
CT
Connecticut
Capped at 3mg per container in a 12oz minimum can, sold only by licensed cannabis retailers or endorsed package stores.
- THC limit
- 3mg per container
- Min age
- 21
- Governing law
- Public Act 24-76
-
DE
Delaware
A new law takes effect October 21, 2026 allowing 10mg drinks at licensed retailers. Mail and delivery stay prohibited; online is pickup only.
- THC limit
- 10mg single-serve (from October 21, 2026)
- Min age
- 21
- Governing law
- HB 373 (2026)
-
DC
District of Columbia
The District treats hemp-derived THC as cannabis, sellable only by licensed cannabis retailers.
- THC limit
- —
- Min age
- 21
- Governing law
- AG Opinion AL-21-222
-
FL
Florida
Sales and shipping to Florida homes are permitted for adults 21 and over, with no milligram cap in state law.
- THC limit
- No state cap
- Min age
- 21
- Governing law
- Fla. Stat. 581.217
Full answer for Florida → -
GA
Georgia
Legal at 10mg per 12oz for adults 21+. Any seller shipping in must first hold a Georgia consumable hemp retail license.
- THC limit
- 10mg per 12oz
- Min age
- 21
- Governing law
- O.C.G.A. 2-23-1; Rule 40-32
Full answer for Georgia → -
HI
Hawaii
Beverages are capped at 0.5mg per container, far below a normal dose. Online sellers must register with the Department of Health. We do not ship to Hawaii.
- THC limit
- 0.5mg per container
- Min age
- —
- Governing law
- HRS ch. 328G; HAR 11-37
-
ID
Idaho
Zero tolerance. Any detectable THC in a finished product is illegal; only hemp seed ingredients are allowed in food and drink. Our zero-THC, hemp-free functional tonics do ship to Idaho.
- THC limit
- No detectable THC
- Min age
- —
- Governing law
- Idaho Code 37-2701
Full answer for Idaho → -
IL
Illinois
Sales are allowed today at 21+. On November 12, 2026 the Industrial Hemp Act is repealed and replaced, and anything over 0.4mg per container moves into the licensed cannabis system. This is a date fixed in Illinois law, so it is not moved by the federal delay to December 11, 2026.
- THC limit
- None until November 12, 2026 (Illinois date)
- Min age
- 21
- Governing law
- Public Act 104-0463
Full answer for Illinois → -
IN
Indiana
Almost no state rules: no strength limit, no seller license and no statutory minimum age. A 2026 bill to add all three failed.
- THC limit
- No state cap
- Min age
- Not set by statute
- Governing law
- Ind. Code 35-48-1-17.5
Full answer for Indiana → -
IA
Iowa
Legal at 4mg per serving for adults 21+, with seller registration required 30 days before selling. We ship only our 4mg-and-under products to Iowa; stronger cases are not available at this address.
- THC limit
- 4mg per serving, 10mg per container
- Min age
- 21
- Governing law
- Iowa Code ch. 204
-
KS
Kansas
Statute says compliant hemp is not a controlled substance, but state enforcement has taken the opposite view and the question is in court.
- THC limit
- No stated cap
- Min age
- Not set by statute
- Governing law
- K.S.A. 2-3901
-
KY
Kentucky
Runs through the liquor system at 5mg per 12oz. Direct shipping is allowed only with a Kentucky ABC direct shipper license.
- THC limit
- 5mg per 12oz serving
- Min age
- 21
- Governing law
- SB 202 (2025)
Full answer for Kentucky → -
LA
Louisiana
Legal but tightly specified: one serving per can, 5mg maximum, four cans per package. Sellers need a state permit for each website.
- THC limit
- 5mg per container, 12oz minimum
- Min age
- 21
- Governing law
- La. R.S. 3:1481; Act 752
Full answer for Louisiana → -
ME
Maine
Allowed with no milligram cap. A 21+ requirement took effect in June 2025.
- THC limit
- No state cap
- Min age
- 21
- Governing law
- 7 M.R.S. 2231
Full answer for Maine → -
MD
Maryland
Anything over 0.5mg per serving is an intoxicating THC product that only a licensed Maryland dispensary may sell.
- THC limit
- 0.5mg per serving
- Min age
- 21
- Governing law
- Alc. Bev. & Cannabis 36-203.1
-
MA
Massachusetts
THC and CBD may not be added to food or drink outside the licensed cannabis system. Both health and alcohol regulators have said so in writing.
- THC limit
- Not permitted
- Min age
- 21
- Governing law
- MDPH policy; ABCC advisory
-
MI
Michigan
Hemp is carved out of the marijuana law and drinks are sold in ordinary stores, but sellers need a state processor-handler license.
- THC limit
- No state cap
- Min age
- Not set by statute
- Governing law
- MCL 333.27953
-
MN
Minnesota
A developed low-dose framework at 10mg per container. Only Minnesota-licensed businesses may sell to Minnesota consumers.
- THC limit
- 10mg per container
- Min age
- 21
- Governing law
- Minn. Stat. 342.09, 342.46
-
MS
Mississippi
The Attorney General ruled in 2025 that ingestible hemp products are unlawful unless FDA-approved or sold through a medical dispensary.
- THC limit
- —
- Min age
- —
- Governing law
- AG Opinion 2025-00219
-
MO
Missouri
Open today at 21+. HB 2641 makes anything over 0.4mg per container marijuana, sold only in licensed dispensaries. Parts of the bill are tied to the federal date, now December 11, 2026, but state regulators have said they will enforce from November 12, 2026, and that online purchases end that day.
- THC limit
- None until November 12, 2026
- Min age
- 21
- Governing law
- HB 2641 (2026)
Full answer for Missouri → -
MT
Montana
Capped at 0.5mg per serving and 2mg per package, and a separate 2025 law bars sale of delta-9 hemp products absent FDA authorization.
- THC limit
- 0.5mg per serving, 2mg per package
- Min age
- —
- Governing law
- MCA 16-12-117; SB 375 (2025)
-
NE
Nebraska
Still sold under the hemp law, but the state is actively rulemaking to treat any THC in a drink as adulterated.
- THC limit
- No state cap
- Min age
- Not set by statute
- Governing law
- Neb. Rev. Stat. 2-501
-
NV
Nevada
Statute arguably permits low-dose hemp drinks, but regulators lean toward dispensary-only and Clark County added its own licensing in July 2026.
- THC limit
- No stated cap
- Min age
- 21
- Governing law
- NRS 453.096; NAC 557
-
NH
New Hampshire
Open today with no cap. From January 1, 2027 anything over 0.4mg per container is prohibited and sales become 21+.
- THC limit
- None until January 1, 2027
- Min age
- 21 from January 1, 2027
- Governing law
- SB 624 (2026)
Full answer for New Hampshire → -
NJ
New Jersey
New Jersey bans selling or distributing hemp products online. In-state sales are face-to-face only.
- THC limit
- 5mg per serving, 10mg per container
- Min age
- 21
- Governing law
- P.L. 2025 c.215; N.J.S. 2C:35-10f
-
NM
New Mexico
Capped at 2mg per serving since March 2026, so a typical 5 to 10mg seltzer is over the limit.
- THC limit
- 2mg per serving, 20mg per package
- Min age
- —
- Governing law
- 20.10.2 NMAC
-
NY
New York
Very low caps: 1mg per serving, and beverages must be packaged one serving to a container. Sellers shipping in need a New York Cannabinoid Hemp Retail License.
- THC limit
- 1mg per serving, 10mg per package
- Min age
- 21
- Governing law
- 9 NYCRR Part 114
Full answer for New York → -
NC
North Carolina
Hemp is excluded from the controlled substances law, there is no state cap and nothing bars shipping to homes. Legislation is pending.
- THC limit
- No state cap
- Min age
- Not set by statute
- Governing law
- N.C. Gen. Stat. 90-87
Full answer for North Carolina → -
ND
North Dakota
Hemp-derived products may not be sold as food or beverages at all, regardless of dose.
- THC limit
- Not permitted in food or drink
- Min age
- —
- Governing law
- N.D. Cent. Code 4.1-18.1
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OH
Ohio
Ohio banned intoxicating hemp including THC and CBD beverages in March 2026. Anything at or above 0.4mg per container is dispensary-only.
- THC limit
- 0.4mg per container
- Min age
- 21
- Governing law
- S.B. 56 (eff. March 20, 2026)
-
OK
Oklahoma
No dedicated law governing hemp beverage sales, so a compliant product can be sold and shipped with no license, cap or statutory age. The state hemp statute covers cultivation only. The 0.4mg federal standard applies from December 11, 2026.
- THC limit
- No state cap
- Min age
- Not set by statute
- Governing law
- 2 O.S. §§ 3-401 et seq. (cultivation; silent on retail sale)
-
OR
Oregon
Capped at 2mg per serving. Every product sold to an Oregon consumer must be registered with the OLCC first.
- THC limit
- 2mg per serving, 20mg per container
- Min age
- 21
- Governing law
- OAR 845-026-0410
-
PA
Pennsylvania
No state rulebook: no cap, no license, no statutory age. Liquor-licensed premises may not sell them.
- THC limit
- No state cap
- Min age
- Not set by statute
- Governing law
- 3 Pa.C.S. 701
-
RI
Rhode Island
Licensed retailers only, capped at 1mg per serving and 5mg per package in a resealable container. A moratorium on new retail licenses has been in place since July 2025.
- THC limit
- 1mg per serving, 5mg per package
- Min age
- 21
- Governing law
- 230-RICR-80-10-1
-
SC
South Carolina
No dedicated law, so a compliant product can be sold and shipped with no license, cap or statutory age.
- THC limit
- No state cap
- Min age
- Not set by statute
- Governing law
- S.C. Code 46-55-10
Full answer for South Carolina → -
SD
South Dakota
Naturally derived delta-9 drinks are legal and sold in bars and liquor stores. Chemically converted cannabinoids are banned.
- THC limit
- No stated cap
- Min age
- 21 for converted cannabinoids
- Governing law
- SDCL ch. 38-35; SB 45 (2026)
Full answer for South Dakota → -
TN
Tennessee
Every sale must happen face to face at a licensed Tennessee retailer. Shipping to a home address is not permitted.
- THC limit
- 15mg per serving
- Min age
- 21
- Governing law
- 2025 Public Ch. 526
-
TX
Texas
Hemp delta-9 drinks remain legal for adults 21+. Sellers shipping in need a Texas DSHS retail hemp registration.
- THC limit
- No milligram cap
- Min age
- 21
- Governing law
- Health & Safety Code ch. 443
Full answer for Texas → -
UT
Utah
Only products individually registered with the state Department of Agriculture may be sold, capped at 5mg per serving, and THC must stay under 10% of total cannabinoid content.
- THC limit
- 5mg per serving; THC under 10% of total cannabinoids
- Min age
- 21
- Governing law
- Utah Code tit. 4 ch. 41
-
VT
Vermont
Anything above the thresholds counts as cannabis, sellable only in person by a licensed Vermont retailer.
- THC limit
- 1.5mg per serving, 10mg per package
- Min age
- 21
- Governing law
- 6 V.S.A. 562; CCB Rule 2
-
VA
Virginia
From August 15, 2026 regulated hemp products are capped at 2mg per package with no exceptions. A federal challenge was filed on July 31, 2026.
- THC limit
- 2mg per package from August 15, 2026
- Min age
- 21
- Governing law
- Va. Code 3.2-5145.4
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WA
Washington
Any product with detectable THC is a cannabis product sellable only by state-licensed retailers, and licensed retail is in person only.
- THC limit
- Any detectable THC
- Min age
- 21
- Governing law
- RCW 69.50.101
-
WV
West Virginia
Expressly permitted under a state permit. The statute names out-of-state remote sellers and requires registration and age verification.
- THC limit
- No milligram cap
- Min age
- 21
- Governing law
- W. Va. Code 19-12E-12
-
WI
Wisconsin
No framework at all: no cap, no licensing and no statewide minimum age. Every 2025–26 attempt to regulate failed.
- THC limit
- No state cap
- Min age
- None statewide
- Governing law
- Wis. Stat. 94.55
Full answer for Wisconsin → -
WY
Wyoming
The 2024 law excludes anything containing a synthetic substance and counts all psychoactive isomers. A federal appeals court upheld it in 2025.
- THC limit
- No synthetics; all isomers counted
- Min age
- —
- Governing law
- Wyo. Stat. 11-51-101
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