Are THC Drinks Legal in Your State in 2025?

July 17, 2025

You’re ready to indulge in the cosmically delicious flavors of a Moondust Melon, but wondering is this illegal? It feels illegal. 

Thanks to the 2018 Farm Bill, hemp-derived Delta 9 THC drinks like Anomaly are federally legal as long as they stay under 0.3% THC by dry weight. 

But that’s just the top layer. States can and do set their own rules, and this year more of them are jumping into the regulation ring. Some have embraced these drinks as a functional, adult beverage. Others are trying to reclassify or ban them.

So what does that mean for you? It depends on where you live.

How Legality Works for THC Beverages

The drinks you see labeled as “hemp-derived Delta 9 THC” aren’t marijuana under federal law, though they still contain the kind of cannabinoids that give you that classic high. That’s where the tension begins.

Federal law says they’re legal if they meet the 0.3% threshold. But state law controls retail, shipping, possession, and consumption. Some states treat THC drinks like beer. Others like edibles. And a few treat them like an illegal substance.

It’s not about chemistry. It’s about how the law defines safety, access, and control; and in 2025, that definition is changing fast.

States Where THC Seltzers Are Legal (As of July 2025)

In these states, you can legally buy hemp-derived Delta 9 THC drinks that meet federal requirements. They may have age restrictions (21+), labeling rules, or testing mandates, but there’s no retail ban in place.

  • Alabama

  • Alaska

  • Arizona

  • Arkansas

  • Colorado

  • Connecticut

  • Delaware

  • Florida

  • Georgia

  • Hawaii

  • Illinois

  • Indiana

  • Kentucky

  • Louisiana

  • Maine

  • Maryland

  • Massachusetts

  • Michigan

  • Minnesota

  • Mississippi

  • Missouri

  • Montana

  • Nebraska

  • Nevada

  • New Hampshire

  • New Jersey

  • New Mexico

  • New York

  • North Carolina

  • Ohio

  • Oklahoma

  • Oregon

  • Pennsylvania

  • Rhode Island

  • South Carolina

  • South Dakota

  • Tennessee

  • Vermont

  • Virginia

  • Washington

  • West Virginia

  • Wisconsin

These states either passed legislation confirming legality or continue to allow sales without interference. You’ll find products on shelves, online, or sometimes even in wellness retail  alongside adaptogenic drinks or non-alcoholic spirits.

States Where THC Drinks Are Restricted or Banned

Here’s where things get complicated. These states either ban intoxicating hemp products outright, require dispensary-only access, or impose potency caps that block standard 10mg servings.

  • California:  banned outside of dispensaries

  • Idaho:  total ban on intoxicating hemp products

  • Iowa:  4mg per can limit makes most drinks noncompliant

  • Kansas:  restricts consumable hemp with active THC

  • North Dakota:  removed hemp drinks from general retail

  • Utah:  hemp drinks require dispensary sale or are barred

  • Texas:  statewide retail ban signed, effective September 2025

If you live in one of these states, you won’t find Anomaly or similar drinks in normal stores. And in some cases, possession itself can cause a legal headache.

States in Legal Limbo or Under Legislative Review

Some states don’t fit neatly into legal or banned. They’re drafting bills, floating restrictions, or adjusting existing rules. Nothing is final, but change is in motion.

  • Indiana:  legislative debates continue with no clear outcome

  • Kentucky:  pending regulation could shift rules for hemp drinks

  • Nebraska:  lawmakers introduced criminalization bills this year

  • Mississippi:  mixed enforcement; retailers hesitant

  • North Dakota:  legal gray zone as of June 2025

  • Montana:  partial bans on THC drinks took effect midyear

In these states, you might still find THC drinks on shelves, but the future is unstable. One legislative session could change access overnight.

How to Know Before You Sip

Don't rely on federal legality. Don’t trust what’s trending on TikTok. Before you sip, check your state’s most recent legislation on hemp-derived THC. Look for retail bans, potency caps, and packaging rules. And make sure the brand you're buying provides third-party COAs (certificate of analysis) and accurate THC content.

When in doubt, ask the store. Reputable retailers know their laws and won’t risk stocking illegal products.

At Anomaly, every batch is third party tested and we provide certificates of analysis. Each can is precisely dosed with 10mg of hemp-derived, Delta 9 THC so you can control your experience. 

What This Means for the Culture

THC drinks are more than a trend. They’re a real alternative to alcohol, and a new category of elevated, social-friendly wellness. But that doesn’t mean the laws are caught up.

Some states welcome THC beverages. Others are slow to join the movement due to fear, misinformation, or outdated regulation. Anomaly was built to bring THC into spaces where clarity and mindfulness matter. We’ll keep leading the way, but it’s up to each state to decide if they’ll embrace today's accessibility to quality, curiosity, and connection.

 

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