You’re at a party. Someone hands you a can. It looks like soda, but with a wink. You check the label: THC-infused. Cue internal monologue; Wait, are THC drinks legal? Like, actually legal-legal? Before you start whispering “is this allowed?” and Googling state laws on the sly, let’s clear things up.
THC drinks are booming, but the laws around them? That’s where things get fizzy. So if you're sipping, selling, or just curious, here’s what’s really going on with THC legalization in the U.S.
Understanding THC Drinks in the U.S. Market
The U.S. cannabis scene is evolving fast. From edibles to oils, there’s a new wave of legal, hemp-derived THC drinks, and yes, they’re federally legal in many cases. But there’s a big asterisk: it all depends on the source, the state, and how it’s made.
What Are THC Drinks?
THC drinks are beverages infused with tetrahydrocannabinol, the active compound in marijuana that causes a high. But not all THC is created equal. In the case of Little Rick, we use hemp-derived delta-9 THC blended with CBD and taurine for a relaxed, social effect, without needing a licensed marijuana dispensary.
Our drinks come in two formulas:
- 5mg THC / 10mg CBD for a gentle, social buzz
- 25mg THC / 25mg CBD for a stronger, more noticeable lift
The Rise of THC Beverages & Compared to Alcohol
Let’s be honest: not everyone wants to chug beer to catch a vibe. THC-infused drinks offer a fresh alternative to alcohol, without the hangover, liver damage, or next-day texts you’ll regret.
They’re popping up everywhere, from corner shops in California to upscale bars in Minnesota. Consumers love them for their:
- Fast onset
- Discreet use
- Predictable effects
Little Rick made waves in the UK market with CBD drinks, and our U.S. expansion brings the same great flavor, now with hemp-derived THC for that extra lift.
Federal Law: The 2018 Farm Bill and Hemp-Derived THC
Here’s the legal core of it all.
The 2018 Farm Bill legalized hemp, defining it as cannabis with less than 0.3% delta-9 THC by dry weight. That includes:
- Hemp (defined as cannabis with less than 0.3% THC by dry weight) is no longer a controlled substance.
- Products made with hemp-derived THC are federally legal.
- States can still regulate how hemp and cannabis products are sold or consumed.
This means a beverage can contain a noticeable amount of THC, as long as the dry-weight percentage stays under 0.3%. That’s how many brands, including us, legally produce and sell THC drinks across state lines.
But don’t confuse hemp-derived THC with marijuana-derived THC. Marijuana is still a Schedule I substance federally. THC from licensed marijuana dispensaries is only legal within that state, and not allowed to cross state lines.
According to the FDA, the Farm Bill opened the door for hemp-based innovation, but didn’t grant automatic approval for all uses. For example, THC from hemp can legally appear in beverages, but the FDA hasn’t formally regulated these as food or supplements yet.
So yes, THC drinks made from hemp are federally legal… if they meet the 0.3% rule by dry weight. That’s how we do it at Little Rick.
State-by-State Legal Gray Areas
Here’s where things get tricky. Federal legality isn’t the end of the story, each state can make its own rules.
Some states welcome hemp drinks with open arms. Others are adding restrictions or banning them altogether.
States Where Hemp THC Drinks Are Clearly Legal
As of 2025, states like Minnesota, California, Illinois, New York, Texas, and Florida (for now) have allowed the sale and consumption of hemp-derived THC beverages. You don’t need a licensed marijuana dispensary to buy them.
But even that’s evolving. In Florida, a proposed regulation set to begin in January 2026 could limit hemp products to 5mg THC per serving and ban products appealing to children. The goal is to create guardrails, but critics say it could gut the market entirely.
Bottom line? These states allow THC drinks now, but keep your eyes on new legislation.
States With Ambiguity or Restrictions
Not every state is so welcoming. Some still ban THC in all forms, even when it’s hemp-derived.
Examples include:
- Idaho: Only allows 0% THC. Not hemp-compliant.
- South Dakota: Allows CBD, but not THC drinks.
- Nebraska: Regulations are unclear, and enforcement varies.
These “gray area” states often lack clear laws for THC-infused drinks, so local interpretation becomes key. You might technically be legal, but still end up in a bind with law enforcement. Always check your state’s cannabis and hemp policies before stocking your fridge.
Public Consumption Laws
Even in legal states, you can’t always drink THC beverages wherever you like.
- Most states restrict public consumption the same way they do for marijuana
- It’s usually banned in parks, sidewalks, and public transport
- Venues like bars or event spaces may have their own policies
Treat your THC drink like an open bottle of booze: best enjoyed at home, a friend’s place, or somewhere you’ve checked is chill with cannabis use.
Little Rick THC Drinks: Legal Option in the U.S.
With all that said, where does Little Rick fit in?
Simple. Our THC-infused drinks are:
- Made with hemp-derived THC, within federal limits
- Lab-tested and clearly labeled
- Available in two strength options
- Delicious (not bragging, just facts)
- Without extra sugar, only real fruits with natural flavorings
They’re also crafted to offer a legal, reliable buzz without needing to visit a licensed marijuana dispensary. And yes, they ship straight to your door in qualifying states.
Want to sip smart, stay legal, and still catch a great vibe? Check out our THC drink range and find your flavor.
