Hemp and THC beverages laws by state
82 bills on hemp and THC beverages in 33 jurisdictions, 10 of them enacted in 2025 and 2026. The laws come first, with what each requires, then the bills that moved most recently.
- 10 laws enacted in 2025 and 2026, in 9 states. Most: New Jersey (2), California (1), Connecticut (1).
- 82 bills in 33 jurisdictions. Latest action 23 July 2026.
Updated 2 November 2026LawsRecent billsBy state
Enacted in 2025 and 2026
10 laws, by state. Laws enacted before 2025 are not listed.
California
Enacted
AB 8: Cannabis: cannabinoids: industrial hemp.
Beginning January 1, 2026, industrial hemp raw extract incorporated into food, beverages, or dietary supplements must have purity greater than 99 percent and contain no THC or synthetic cannabinoids. Beginning January 1, 2028, industrial hemp entering the licensed cannabis market must comply with cannabis regulatory requirements including track and trace, testing, and security standards.
Took effect 1 January 2026
Connecticut
Enacted
HB 5350: An act concerning cannabis, hemp and infused beverage regulation.
The act redefines cannabis to exclude certain hemp products and infused beverages. Municipalities with populations greater than fifty thousand must designate a place where public cannabis consumption is permitted. Persons must not provide cannabis to domesticated animals. Persons must not smoke, inhale, or ingest cannabis while operating a motor vehicle or as a passenger in a motor vehicle being operated by another.
Took effect 1 October 2026
Delaware
Enacted
HB 373: An act to amend title 4 and title 16 of the delaware code relating to alcohol and marijuana.
Clarifies that hemp products and cannabinoid products that are not infused beverages may be manufactured, distributed, and sold without marijuana licensing if compliant with federal and state hemp laws, and prohibits treating such products as marijuana solely because they contain cannabinoids.
Maryland
Enacted
HB 1523: Alcohol, Tobacco, and Cannabis Commission - Unauthorized Consumable Products - Enforcement and Seizure
A retailer may not distribute, sell, expose for sale, or advertise for sale an unauthorized consumable product. The Executive Director may seize, confiscate, or destroy unauthorized consumable products and products labeled as containing kratom, tianeptine, phenibut, or related compounds. The Maryland Department of Health must notify the Alcohol, Tobacco, and Cannabis Commission within 30 days of changes to regulatory or approval status of these products.
Took effect 1 July 2026
Montana
Enacted
SB 375: Prohibit sale of edible products that contain hemp
An edible product containing a hemp product containing total delta-9 tetrahydrocannabinol (THC) may not be sold to a consumer in the state, unless authorized as a food or drug by the United States Food and Drug Administration.
Nebraska
Enacted
LB 1235: Change provisions of the Nebraska Liquor Control Act and the Nebraska Medical Cannabis Regulation Act
Businesses in consumption-only entertainment district areas must not sell or serve alcoholic liquor but may allow patrons to carry beverages sold by other entertainment district licensees. Applicants for medical cannabis registration must submit two sets of fingerprints for FBI criminal history checks. The Nebraska Medical Cannabis Commission members receive annual salaries of twelve thousand five hundred dollars.
New Hampshire
Enacted
SB 624: restricting access to certain hemp-derived products and establishing the offenses of criminal adulteration and distribution of adulterated controlled substances.
Licensees must comply with prohibitions on hemp-derived products containing THC greater than 0.3 percent on a dry weight basis in any formulation. No licensee, salesperson, or other person shall sell, deliver, or give away such products to persons under 21. Persons are prohibited from knowingly adulterating controlled substances with unapproved substances with intent to distribute, or distributing controlled substances known or reasonably believed to contain unapproved additives.
Takes effect 1 January 2027
New Jersey
Enacted
A 5051: Revises certain restrictions concerning hemp, intoxicating hemp beverages, and medical cannabis.
Sellers must not sell viable Cannabis sativa seeds exceeding 0.3 percent THC, intermediate hemp-derived products with non-naturally produced cannabinoids or exceeding 0.3 percent combined THC, final hemp-derived products exceeding 0.4 milligrams combined THC per container, or intoxicating hemp beverages through online retail or vending machines. Intoxicating hemp beverages sold must comply with container and THC limits and include certificates of analysis.
Enacted
S 4509: Creates regulatory scheme, in line with federal law, on sale of certain hemp-derived cannabinoid products; repeals law concerning intoxicating hemp.*
Sellers of hemp-derived cannabinoid products must comply with federal THC limits and state restrictions. Final hemp-derived cannabinoid products cannot contain more than 0.4 milligrams combined total of THC and similar cannabinoids per container. Intoxicating hemp beverages are prohibited after November 13, 2026, except those sold under transition rules until that date must contain no more than 5 milligrams THC per serving or 10 milligrams per container and include a certificate of analysis.
Took effect 13 January 2026
Tennessee
Enacted
HB 1376: Alcoholic Beverage Commission - As enacted, provides for the regulation of the manufacturing, supplying, wholesale distribution, and retail sale of hemp-derived cannabinoid products by the commission and department of revenue; creates licenses for suppliers, wholesalers, and retailers; establishes taxes for such products and the manner in which such taxes are collected and allocated; establishes civil and criminal penalties for violations. - Amends TCA Title 39; Title 40; Title 43, Chapter 27; Title 53, Chapter 11; Title 57 and Title 67.
Suppliers, wholesalers, and retailers of hemp-derived cannabinoid products must obtain licenses from the Alcoholic Beverage Commission. Suppliers must contract with third-party laboratories for product testing. Retailers must maintain products behind barriers, verify age, and display warning signage. All parties must comply with packaging, labeling, and potency limits.
Took effect 1 January 2026
Bills that moved most recently
The 25 open hemp and THC beverages bills with the latest action. The Alcohol and Beverage Tracker follows all 82.
Delaware HB 401: An act to amend title 4 of the delaware code relating to the regulation of hemp products.
In committee
New Jersey A 5338: Allows liquor stores to sell low dose THC beverages.
What it would do: Allows holders of plenary retail distribution licenses (liquor stores) to sell low dose THC beverages containing less than 10 milligrams THC per container, subject to age verification, purchase limits of 24 containers per transaction, and state cannabis sales tax.
In committee
New Jersey S 4452: Allows liquor stores to sell low dose THC beverages.
What it would do: Allows holders of plenary retail distribution licenses (liquor stores) to sell low dose THC beverages containing less than 10 milligrams THC per container, subject to age verification, purchase limits of 24 containers per transaction, and state cannabis sales tax.
In committee
New Jersey S 4297: Revises certain restrictions concerning hemp, intoxicating hemp beverages, and medical cannabis.
What it would do: Extends hemp producer deadlines to November 13, 2026, revises intoxicating hemp beverage limits to 5-10 mg THC per serving and specifies container sizes, allows ABC bars to sell such beverages, and permits medical cannabis dispensaries to co-locate Class 5 adult use retailers without additional municipal review.
Passed committee
Missouri HB 2768: Creates provisions relating to the regulation of industrial hemp-derived consumable products
What it would do: Creates a regulatory framework for industrial hemp-derived consumable products in Missouri, including licensing requirements for manufacturers, distributors, and retailers; establishes a two percent excise tax on retail sales beginning January 1, 2027; and sets labeling, testing, and potency limits for these products.
In committee
Missouri HB 2765: Creates provisions relating to hemp businesses
What it would do: Creates a licensing system for hemp beverage manufacturers, wholesalers, and retailers under the Division of Alcohol and Tobacco Control, establishing requirements for product manufacturing, labeling, testing, and sales restrictions to persons under twenty-one years of age.
Passed committee
Oklahoma HB 4248: Public health and safety; prohibiting the sale of beverages containing hemp to anyone of a specific age; effective date.
What it would do: Prohibits the sale of beverages containing hemp to any person under 21 years of age. The act becomes effective November 1, 2026.
Passed chamber
Colorado SB 164: Regulation of Lawful Tetrahydrocannabinol Beverages
What it would do: Permits registered hemp manufacturers to produce and sell nonalcoholic beverages infused with no more than ten milligrams of THC per serving to licensed wholesalers, and allows licensed alcohol retailers, marijuana retailers, and transporters to sell these beverages to consumers subject to state licensing authority rules adopted by January 1, 2028.
Introduced
South Carolina H 4758: Hemp beverage ban
What it would do: Prohibits possession, manufacturing, and distribution of consumable hemp products containing THC or intoxicating cannabinoids. Classifies such products as contraband, makes online sales and direct shipments illegal, and subjects violations to penalties including fines up to $3,000 and imprisonment up to three years.
Passed committee
Massachusetts H 357: An Act to regulate hemp-derived beverages like alcohol
In committee
Maryland SB 1008: Alcohol and Cannabis - Cannabinoid Beverages Off-Premises Sales Permit - Establishment
What it would do: Authorizes Class 1 wholesalers to distribute cannabinoid beverages to off-premises alcohol retailers with a new permit, allows local licensing boards to issue such permits, exempts these cannabinoid beverage sales from sales and use tax, and directs collected tax revenue to the General Fund.
In committee
New Jersey A 4791: Revises restrictions on sale of hemp products and intoxicating hemp beverages through November 2026.
What it would do: Extends compliance deadlines for intoxicating hemp beverage sales from April 13, 2026 to May 31, 2026, and allows hemp producers to exceed 0.3 percent THC limits until May 31, 2026 for intermediate extracts being manufactured into compliant final products.
Passed committee
Kentucky SB 223: AN ACT relating to the regulation of cannabis-infused beverages.
What it would do: Authorizes the Department of Alcoholic Beverage Control to issue licenses for cannabis-infused beverages in wet territories, allowing retail sale by the drink and package, and permits sampling up to twelve ounces per person daily.
Passed chamber
Pennsylvania HB 2309: An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions; in Pennsylvania Liquor Control Board, further providing for general powers of board, for restrictions on members of the board and certain employees of Commonwealth, for enforcement and for biennial reports; in licenses and regulations, liquor, alcohol and malt and brewed beverages, further providing for malt and brewed beverages manufacturers', distributors' and importing distributors' licenses, for number and kinds of licenses allowed same licensee, for responsible alcohol management, for surrender of restaurant, eating place retail dispenser, hotel, club, catering club, importing distributor and distributor license for benefit of licensee, for unlawful acts relative to malt or brewed beverages and licensees and for liability of licensees; providing for hemp-derived cannabinoid beverages; establishing the Local Hemp Sharing Fund; and imposing penalties.
What it would do: Amends Pennsylvania's Liquor Code to authorize the sale and regulation of hemp-derived cannabinoid beverages through new licenses for manufacturers, distributors, and retailers, while establishing the Local Hemp Sharing Fund and imposing penalties for violations.
In committee
New Hampshire SB 485: relative to the licensure, regulation and taxation of hemp-based derivative products.
What it would do: Creates a licensing and regulatory framework for hemp-derived cannabinoid products under the Liquor Commission, establishing supplier, wholesaler, and retailer licenses, and imposes a 5 percent wholesale tax on sales.
In committee
Kentucky HB 895: AN ACT relating to the regulation of psychoactive substances.
What it would do: Establishes the Department of Psychoactive Substances to regulate hemp-derived cannabinoids, kratom, kava, psychoactive mushrooms, and cannabis-infused beverages. Creates licensing framework for processors, retailers, wholesalers, and testing facilities, with age restrictions of 21 years for adult-use products.
In committee
Kentucky HB 896: AN ACT relating to hemp products and declaring an emergency.
What it would do: Creates a regulatory framework for hemp-derived cannabinoid products in Kentucky, establishes testing and laboratory approval requirements, permits cannabis-infused beverages with up to 5mg THC per 12oz serving, and prohibits certain synthetic cannabinoids without prior authorization.
In committee
Kentucky HB 913: AN ACT relating to cannabis-infused beverages.
What it would do: Amends Kentucky's alcoholic beverage definitions to add cannabis-infused beverages as a properly permitted adult-use cannabinoid liquid product containing no more than ten milligrams of intoxicating cannabinoids per twelve ounce serving.
In committee
New York A 10191: Establishes a low potency cannabis beverage retail permit
In committee
Indiana SB 250: Regulation of hemp.
What it would do: Regulates hemp-derived cannabinoid products through a permitting system administered by the alcohol and tobacco commission. Expands alcohol and tobacco crimes to include THC products, prohibits online sales, requires testing and labeling, and imposes criminal penalties for violations.
Passed chamber
Missouri SB 993: Creates provisions relating to hemp businesses
What it would do: Establishes licensing and regulatory framework for hemp beverage manufacturers, wholesalers, and retailers, including product standards, labeling requirements, age restrictions, and a 7% excise tax on retail sales.
Passed committee
South Carolina H 4759: Intoxicating Hemp Beverages
What it would do: Prohibits most consumable hemp products in South Carolina while creating a licensing and regulatory framework for intoxicating hemp beverages containing no more than 5 milligrams of THC per 12-ounce serving, restricted to adults 21 and older, with manufacturer, wholesaler, and retailer licensing requirements and taxation.
Passed committee
Mississippi SB 2572: MS Hemp Cultivation Act; revise provisions of and legalize manufacture and sale of hemp beverages.
What it would do: Legalizes manufacture and sale of hemp beverages regulated like beer, transfers hemp regulation from agriculture to health department, imposes 3% excise tax on consumable hemp products, and requires licensing and labeling of hemp products with age restrictions of 21 years.
In committee
Mississippi SB 2645: Beverages containing hemp, THC or kratom; prohibit sale of.
What it would do: Prohibits the sale, distribution, or offering for sale of hemp beverages, THC beverages, and kratom beverages in Mississippi. Violations are misdemeanors punishable by fines up to $500 and/or up to three months imprisonment, with additional licensing suspension or revocation for retail food establishments and restaurants.
In committee
Oklahoma SB 2092: Hemp beverages; authorizing the Alcoholic Beverage Law Enforcement Commission to regulate hemp beverages; allowing certain licensee to sell; prohibiting sale of beverages to persons under 21 years of age. Effective date.
In committee
Hemp and THC beverages laws, state by state
- New Jersey9 bills, 2 enacted
- Missouri7 bills
- Kentucky5 bills
- Florida4 bills
- Indiana4 bills
- Mississippi4 bills
- Montana4 bills, 1 enacted
- Connecticut3 bills, 1 enacted
- Delaware3 bills, 1 enacted
- South Carolina3 bills
- Texas3 bills
- California2 bills, 1 enacted
- Georgia2 bills
- Hawaii2 bills
- Massachusetts2 bills
- Maryland2 bills, 1 enacted
- North Carolina2 bills
- Nebraska2 bills, 1 enacted
- New Hampshire2 bills, 1 enacted
- New York2 bills
- Oklahoma2 bills
- Rhode Island2 bills
- Alabama1 bill
- Arkansas1 bill
- Arizona1 bill
- Colorado1 bill
- Iowa1 bill
- Illinois1 bill
- Maine1 bill
- North Dakota1 bill
- Pennsylvania1 bill
- Tennessee1 bill, 1 enacted
- Wisconsin1 bill
Questions
Which states have hemp and THC beverages laws?
States that enacted hemp and THC beverages laws in 2025 and 2026: New Jersey (2), California (1), Connecticut (1), Delaware (1), Maryland (1), Montana (1), Nebraska (1), New Hampshire (1) and Tennessee (1). Laws enacted before 2025 are not listed here.
Which states have the most hemp and THC beverages bills?
New Jersey (9), Missouri (7), Kentucky (5), Florida (4) and Indiana (4). In all, 82 bills in 33 jurisdictions, the latest action on 23 July 2026.
What do hemp and THC beverages bills cover?
Drinks containing hemp-derived or cannabis THC: who may make, distribute and sell them, including liquor stores and alcohol distributors, potency per container, and the federal 0.4 mg cap. Each enacted law above has a line on what it requires.
Is this legal advice?
No. Which bills count as hemp and THC beverages bills, and the line on what each law requires or each bill would do, are drafted by software and not reviewed by an attorney. Every bill links to the legislature’s own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Follow hemp and THC beverages bills in every state
The Alcohol and Beverage Tracker sends the bills that moved and a monthly report you can forward to a client.