50-State Hemp Beverage Map

HB 445 created a comprehensive licensed market administered by the Alabama ABC Board. Beverages are capped at 10 mg THC per serving, one serving per container. Gas station, vending machine, and drive-through sales are banned. Smokable hemp is banned entirely. Online and D2C sales are explicitly prohibited.

Despite recreational cannabis since 2014, Alaska is aggressive against intoxicating hemp. A May 2025 federal court ruling upheld the restrictions as consistent with the 2018 Farm Bill. Hemp beverages must be sold through licensed marijuana retailer channels. Effectively dispensary-only.

AG Mayes issued a March 2025 opinion requiring all intoxicating THC products to be sold through licensed dispensaries. Enforcement began April 24, 2025 with $20,000-per-product fines. Legislative alternatives (SB 1556, SB 1702) both died in 2025. Court upheld AG enforcement.

Arkansas banned intoxicating hemp-derived products in 2023 and strengthened the ban with Act 934 in 2025. The AG certified enforcement in April 2026 and the 8th Circuit affirmed. One of the clearest prohibition states. No legislative fix appears imminent.

AB 8 sharply restricted hemp at general retail. Only beverages made from CBD or CBN isolate at greater than 99% purity with zero THC may be sold outside licensed cannabis dispensaries. Any beverage with THC is dispensary-only. Full METRC tracking and 15% excise tax apply. A major rec state that moved aggressively against the hemp gray market.

The mandatory 15:1 CBD:THC ratio rules out most pure delta-9 THC beverages. Licensed retailer access (not dispensary-only) but the ratio requirement severely limits commercial product assortment. A 2026 bill (SB26-164) to raise the cap to 10 mg and expand sales to grocery stores and restaurants was pulled by its sponsor in April 2026 and did not pass; the 2023 framework still controls.

The 3 mg/container cap is very low relative to market norms (typical products 5-10 mg). Sales restricted to cannabis dispensaries and liquor stores with a DCP waiver. Gas stations and convenience stores are prohibited.

Congress has blocked commercial cannabis sales in DC. Hemp-derived products at federal standard are technically available at licensed retailers. ABCA shut down 60+ unlicensed stores in 2024-2025. Enforcement climate is hostile and the distinction between hemp shops and cannabis gifting operations is not always cleanly drawn. Regulatory framework unstable.

Delaware enacted HB 373 in July 2026, replacing the withdrawn HB 98 and opening a regulated, taxed hemp-beverage lane: up to 10 mg delta-9/serving (60 mg per multipack, 170 mg per 750 ml bottle) sold only through licensed liquor stores or marijuana dispensaries to 21+, with no direct-to-consumer sales. A sunset clause ends legal sales if federal law reclassifies the beverages, which the Nov. 12, 2026 federal 0.4 mg cap is expected to trigger.

The most permissive market in this cohort. HB 1613 (2025) and HB 801 (2026, which would have created a DABT beverage-licensing regime effective July 1, 2026) both died in committee, leaving hemp beverages at the federal default with no state license required. Expect renewed restriction bills in the 2027 session.

Not dispensary-only. Any qualifying retailer can obtain a GDA license ($250/yr), and the Department of Agriculture raised the beverage cap to 10 mg delta-9 per 12 oz. Two 2026 restriction bills failed: SB 254 (a floor-amended total beverage ban) passed the Senate but died in the House at Sine Die, and SB 33 was repurposed into a property-tax bill. SB 494 still controls; the binding change ahead is the federal 0.4 mg/container cap effective Nov. 12, 2026.

The tightest per-container THC cap of any regulated state. Synthetically derived cannabinoids and caffeine or alcohol combinations are expressly prohibited. DOH retailer registration became mandatory January 1, 2026; enforcement began February 1, 2026.

Total prohibition. Idaho requires 0.0% detectable THC, not the federal 0.3% standard. Products legal in all other 49 states are contraband here. A medical cannabis initiative and a competing legislative amendment (HJR 4) both appear on the November 2026 ballot, but neither would open a hemp-beverage retail channel.

One of the most permissive hemp beverage markets in the country through late 2026: products sold at Target, Binny's, and online statewide, with Chicago's local ban vetoed by Mayor Johnson in February 2026. SB 3222 (P.A. 104-0463) bans under-21 sales immediately and, effective Nov. 12, 2026, restricts any intoxicating hemp product over 0.4 mg total THC/container (all real THC beverages) to licensed dispensaries and bans delta-8 and synthetics. The beverage-only SB 1766 did not advance.

Delta-9 hemp beverages are technically legal at gas stations and smoke shops statewide. However, the AG declared delta-8 a Schedule I controlled substance in Official Opinion 2023-1, creating legal jeopardy for some product categories. SB 478 (comprehensive licensing framework) failed in 2025. High enforcement risk for delta-8; delta-9 at federal floor is more defensible.

Well-defined framework enforced by the Department of Inspections and Appeals. Products available at Fareway grocery and Kwik Star c-stores. A 2025 law banned open THC beverages in vehicles. P.L. 119-37 (0.4 mg/container, effective Nov. 12, 2026) will eliminate most of the current Iowa hemp beverage market.

Federally compliant hemp beverages appear legal but the Kansas Bureau of Investigation raids storefronts and the Attorney General advocates an outright ban. SB 292 (age-21, potency caps, licensing) died in committee April 10, 2026, leaving no state cap. High-risk distribution market regardless of technical legality.

Governor Beshear signed SB 202 creating a structured cannabis-infused beverage (CIB) system under the ABC. As of June 1, 2025, beverages can only be sold at quota retail package stores (liquor stores). Bars and restaurants lost authorization on the same date. ABC finalizing additional implementing regulations by July 1, 2026.

Gas station sales were eliminated under Act 752. Only existing permitted bars and restaurants may continue selling, with no new permits issued to that channel. Minimum 12-oz container. 21+ required at point of sale.

LD 1920 created a "potentially intoxicating hemp product" classification triggered by cannabinoid ratio rather than mg caps, with 21+ requirements at point of sale. Maine has no hemp retailer licensing system, so enforcement of the age restriction at general retail is practically limited. Municipalities have begun adding local restrictions.

The Maryland Appellate Court ruled September 9, 2025 that psychoactive hemp derivatives have always been illegal outside the licensed cannabis system under state law. Above-threshold products face up to $10,000/offense fines. The practical market is dispensary-only for anything meaningfully intoxicating, despite Maryland being a recreational cannabis state.

Hemp-derived THC in food and beverages has been prohibited since a May 2024 joint advisory from DPH, MDAR, and ABCC. The April 2026 cannabis modernization law (H.5350) directs the CCC to study a future regulatory framework but creates no legal retail pathway now. Even cannabis dispensaries have no approved hemp beverage pathway.

Michigan captures all intoxicating THC regardless of source under 2021 PA 56 (HB 4517): any beverage at or above 1.75 mg total THC/serving is regulated as marijuana and sold only through CRA-licensed dispensaries, not general retail or D2C. Non-intoxicating hemp beverages under 1.75 mg may sell at general retail. SB 599-602, which would move consumable-hemp licensing to the CRA, passed the Senate in 2025 but remains stalled in the House.

The most permissive mainstream framework in the country. OCM licenses wholesalers through the Lower Potency Hemp Edible (LPHE) program. Beverages available in grocery stores, bars, restaurants, and c-stores statewide. Clear licensing pathway for distributors (LPHE Wholesaler License). Breakthru Beverage Group launched hemp THC distribution in Minnesota in March 2026.

The state AG issued an opinion that consumable hemp products require FDA approval to be legally sold. No FDA-approved hemp edible products exist. HB 1502, which would have created a hemp beverage licensing regime, passed the House but stalled in conference committee in 2025.

Governor Kehoe signed HB 2641 in April 2026, banning intoxicating hemp from general retail effective November 12, 2026, aligned with the federal P.L. 119-37 timeline. Until that date, hemp beverages remain legally sold in bars, grocery stores, and general retail. After November 12, only licensed cannabis dispensaries or products below 0.4 mg total THC comply.

Two 2025 laws effectively ended the hemp beverage market. HB 49 caps hemp at 0.5 mg/serving and 2 mg/package, below any effective commercial dose. SB 375 bans all hemp-derived delta-9 in food or beverages unless FDA-approved; no such products exist on the market. A rec state with an effective beverage ban.

LB 316, which would have capped processed hemp at 10 mg per package, was indefinitely postponed on April 17, 2026 and is dead. Nebraska has no state milligram cap and hemp beverages remain in general retail, but the Attorney General is openly hostile. Not recommended for distribution without legal counsel; the federal 0.4 mg/container cap arrives Nov. 2026.

SB 356 established dispensary-only sales for intoxicating hemp products, enforced by the Cannabis Compliance Board. Caps mirror cannabis edible rules. Clark County proposed additional local restrictions aligned with the 0.4 mg federal cap.

SB 624 was signed July 2, 2026 and takes effect Jan. 1, 2027, capping finished hemp products at 0.4 mg total THC/container, folding hemp-THC sales into the liquor-licensee regime at 21+ in person, and barring direct-to-consumer shipping. The cap effectively ends compliant hemp beverages at meaningful dosing. Recreational cannabis again failed in the 2025-2026 session.

A5051 (signed May 29, 2026) revised the framework: beverages capped at 5 mg total THC/serving and 10 mg/container for cans, with resealable bottles up to 750 ml and 200 mg total THC. A near-term window runs through licensed liquor (ABC) wholesalers and Class 5 cannabis retailers until Nov. 13, 2026; on Nov. 14 the market goes dispensary-only, with anything over 0.4 mg/container treated as cannabis.

Full recreational cannabis since April 2022. The January 2026 Hemp Final Rule bans synthetic and semi-synthetic cannabinoids and imposes a 0.3% total THC concentration cap. No per-mg serving cap specific to beverages was found. General retail channel available.

Intoxicating hemp beverages (5-10 mg) are not funneled to dispensaries in New York; they are simply prohibited. Only low-potency hemp beverages (1 mg/serving) are permitted via licensed cannabinoid hemp retailers. Cannabis beverages are available at adult-use dispensaries, but under the cannabis system, not hemp. Reform bills S8575 and S9220 (the latter would let liquor stores sell 5 mg/serving drinks) remain in committee, unenacted as of August 2026.

No enacted state-specific restriction: hemp THC beverages sell at general retail and online with no state THC cap, license, or statewide minimum age. The 2025-2026 licensing and age bills (HB 607, SB 265, HB 328) all failed. The binding change ahead is the federal 0.4 mg/container cap effective Nov. 12, 2026. One of the more permissive states historically.

The Agriculture Commissioner has publicly stated intoxicating hemp products are not permissible for general retail. Bans delta-8, HHC, THC-O, THCP, and any artificially derived cannabinoids. Intent-based enforcement and NDDA guidance make retail hemp THC beverages a practical non-starter.

SB 56 bans all intoxicating hemp products at general retail. Governor DeWine specifically line-item vetoed a provision that would have carved out an exception for 5 mg hemp beverages. THC beverages are now available only as cannabis products at licensed dispensaries.

No state per-mg beverage cap, no dispensary requirement. The ODAFF January 2026 Hemp Clarification Letter aligns state compliance with the total THC standard but adds no serving caps. OMMA governs medical marijuana only, separate from the hemp market. One of the most hemp-permissive states.

Not dispensary-only. General retail channel with licensing required: ODA Hemp Vendor License plus OLCC Hemp Registry registration ($400/yr; products must have test results). OLCC compliance enforcement began June 1, 2026. Point Blank Distributing's collapse in March 2026 created immediate distribution opportunity for hemp beverage brands in Oregon.

No state THC cap; hemp products sell at general retail, barred only from licensed alcohol venues by an LCB advisory. SB 49, amended in March 2026 to ban most intoxicating hemp and impose a 0.4 mg/container cap, was rejected by the Senate 23-27 on June 10, 2026 but kept alive by a reconsideration motion. It remains stalled and unsigned as of August 2026; the ban threat is real if it returns for a vote.

The CCC placed a moratorium on new hemp retailer licenses in mid-2025. A March 2026 report recommends banning on-premise service at bars and restaurants. S3215, a CCC infused-beverage endorsement, was introduced April 14, 2026 and sits in Senate Finance, unenacted as of August 2026. The 1 mg/serving cap is very low and limits the commercial viability of most hemp beverage SKUs.

No cannabis program and no enacted hemp framework. Competing 2026 bills, H4758 (total ban) and H4759/H3924 (regulated, up to 5 mg/serving), both stalled without a floor vote. Compliant delta-9 beverages are sold at general retail in a legal gray zone, but enforcement risk is high and renewed restriction is expected in the 2027 session.

Medical cannabis since 2021 (recreational passed by voters in 2020 but invalidated by courts). Hemp delta-9 at the federal standard is available at general retail. HB 1125 (2024) bans delta-8, HHC, and similar converted cannabinoids with misdemeanor penalties enforced since July 2025. Conservative enforcement posture; D2C status is unclear.

HB 1376 was a comprehensive 2025 overhaul that transferred all hemp-derived cannabinoid (HDC) licensing from the Department of Agriculture to the TABC and imposed a three-tier licensing system. Gas stations, grocery stores, and venues admitting patrons under 21 are prohibited. D2C is explicitly banned.

The 2025 attempt to ban all hemp THC (SB 3) was vetoed by Governor Abbott in June 2025, leaving compliant delta-9 beverages at the federal standard for adults 21+, with D2C shipping intact. Effective July 31, 2026, delta-8, delta-10, THCP, and THCA became scheduled controlled substances, so ship only true delta-9 beverages and drop converted-isomer SKUs from the Texas assortment. Watch the 2027 legislative session.

CBD-infused foods and beverages are explicitly banned under state law regardless of THC content. Only non-food oral formats (tinctures, capsules, softgels) are permitted in the hemp channel. HB 54 (May 2025) reinforced the ban on chemically converted cannabinoids. The most restrictive hemp state in the West.

Most commercial hemp beverages (5-10 mg/serving) are effectively dispensary-only. Very low-dose products meeting the 1.5 mg/serving cap could potentially be sold in general retail but this is legally unsettled. An industry coalition is pushing for a 2026 legislative fix.

HB 30 (the 2026 budget) eliminated the 25:1 CBD:THC ratio carve-out effective Aug. 15, 2026: any product over 2 mg total THC/package can no longer be produced or sold as hemp in Virginia. SB 543 moved hemp regulation from VDACS to the Cannabis Control Authority (CCA) and gave the CCA enforcement power (notices of violation, cease-and-desist orders, civil penalties). A group of hemp operators filed a federal suit in August 2026 to block the cap. Regulated retail marijuana sales are set to launch July 1, 2027. The 2 mg/package cap remains a hard constraint for higher-dose beverages.

Intentionally Tier 3 despite being a rec cannabis state. SB 5367 requires I-502 dispensary-only sales for any hemp beverage with detectable THC. This is the most restrictive hemp-in-rec-state model in the country. HB 2740 (a general retail pathway for low-THC products) died in the 2026 session; likely 2027 reintroduction.

The ABCA became the gatekeeper for hemp cannabinoid retail as of May 2025. All sellers must hold ABCA permits, comply with 21+ age verification, and maintain chain-of-custody documentation. Delta-8, HHC, and THCP are banned. D2C status is unclear.

No state-specific hemp beverage regulations beyond the federal floor. Hemp delta-9 beverages available at gas stations, smoke shops, farmers markets, and general retail statewide. Delta-8 is not specifically banned at the state level (only in certain municipalities). November 2026 federal 0.4 mg/container cap will significantly disrupt this market.

HB 198 (2025) took the unusual approach of banning intoxicating cannabinoids (delta-8 etc.) in most product formats but explicitly carved out beverages. Hemp-derived delta-9 and delta-8 beverages remain commercially active. No state mg cap for beverages was enacted. Federal November 2026 changes expected to significantly disrupt this market.