Hemp Beverages, Decoded
Checked November 11, 2026
Where you can sell, where you can ship, and at what dose.
In all 50 states and the District of Columbia.
Find a state
Four states change status by December 11.
Market status
- No lawful sale (14)
- Dispensary only (None today)
- General retail, under 5 mg (4)
- General retail, 5 mg or more (20)
- No framework (13)
- Changes by Dec 11
Select a state for its caps, sales channel, and what changes next. What the tiers mean.
Federal overlay. Section 781 of the November 2025 funding law (P.L. 119-37) redefines hemp in two stages. November 12, 2026: products with cannabinoids the plant cannot naturally produce are no longer hemp. December 11, 2026: the rest applies, including a cap of 0.4 mg per container of total THC (THCA included) plus other THC like cannabinoids, which will override much of what is shown here.
Where the volume was
In the Hemp Beverage Alliance's wholesale data for 26 brands, 21% of 2025 case volume came from three states that have since closed the category or close it within weeks: Ohio, Illinois, and New Jersey.
2025 case equivalent volume in HBA's wholesale data for 26 brands, against regulatory status today. These ten are 72% of that volume.
| State | 2025 cases | Share of HBA data | Status | Why |
|---|---|---|---|---|
| Florida | 215,981 | 13.36% | General retail, 5 mg or more | Licensing, testing and age rules but no milligram cap |
| New Jersey | 170,407 | 10.54% | Sales end Nov 13 | Hemp drink sales end for all sellers; over 0.4 mg per container is cannabis. Could move to Dec 11 if the Governor signs S.4635 |
| Minnesota | 158,951 | 9.84% | General retail, 5 mg or more | 5 mg per serving, 10 mg per can, 750 ml bottles to 85 mg; on site pours at 5 mg |
| South Carolina | 133,905 | 8.29% | No framework | No statute or rule governs hemp beverages; H.3924 was not enacted |
| North Carolina | 110,759 | 6.85% | No framework | No statute or rule governs hemp beverages; HB 328 awaits a House vote |
| Illinois | 97,388 | 6.03% | Sales end Nov 12 | The Illinois Hemp Act makes drinks over 0.4 mg per container cannabis, so finished hemp drinks above that cannot be sold |
| Ohio | 71,906 | 4.45% | No lawful sale | SB 56 removed the general retail lane above 0.4 mg per container; Ohio dispensaries sell only marijuana drinks made in state |
| Louisiana | 71,302 | 4.41% | General retail, 5 mg or more | 5 mg per serving in 12 oz or larger; ATC three tier |
| Tennessee | 65,945 | 4.08% | General retail, 5 mg or more | 15 mg per serving, two servings per container; TABC three tier |
| Texas | 61,622 | 3.81% | General retail, 5 mg or more | DSHS registration, no milligram cap; delta-8 and other non delta-9 THC above natural trace amounts Schedule I since July 31, 2026 |
| These ten | 72% |
In that data, South Carolina and North Carolina together are 15.1%, the fourth and fifth largest states, and neither has ever passed a hemp beverage statute. Ohio ranked seventh on 2025 volume in a state that has since removed the general retail lane above 0.4 mg per container. Volume is not evidence of a durable legal position.
Volume: Hemp Beverage Alliance, The Future of Drinking: Hemp Beverage Marketplace 2024 to 2025, wholesale depletion data for 26 brands from VIP. It covers part of the market, not all of it.
This map has an expiration date.
Illinois flips November 12th. New Jersey's November 13th cutoff could move to December 11th under S.4635, which passed both houses and awaits the Governor. Federal law changes in two stages: on November 12th, cannabinoids the plant cannot produce on its own drop out of the hemp definition, and on December 11th the 0.4 mg per container cap takes hold. Missouri adds a 21+ rule on November 12th, then closes general retail to drinks over 0.4 mg on December 11th.
Policy, Decoded tracks every one of these, every weekday morning. Free.
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What the tiers mean
Each state sits in one tier, based on where a finished drink made with hemp-derived THC can lawfully be sold today.
Drinks made from licensed cannabis, and hemp used only as an ingredient in them, do not count toward any tier.
General retail, 5 mg or more. Means: a finished hemp-derived drink can lawfully be sold outside dispensaries, and the state either caps THC at 5 mg or more or sets no milligram cap.
General retail, under 5 mg. Means: a finished hemp-derived drink can lawfully be sold outside dispensaries, with a state cap above 0.4 mg per container and below 5 mg. Does not mean: every state in this tier writes its cap the same way.
Both general retail tiers sort by the most THC one container can lawfully hold under the state's caps: per serving, per container or per package as the state writes them. Commercial viability is not part of any tier.
Dispensary only. Means: the only lawful channel for a finished hemp-derived drink is a licensed cannabis store. Does not mean: this tier covers drinks made from licensed cannabis, or hemp a licensee uses as an ingredient. Those follow the state's marijuana rules.
No lawful sale. Means: there is no lawful channel for a finished hemp-derived drink. Does not mean: no THC drinks at all. Licensed cannabis drinks may still be sold there.
No framework. Means: the state has no hemp-drink law establishing a license, a cap or an age rule. Does not mean: hemp drinks are lawful there. Federal law and general food and drug law still apply.
Confidence. A medium- or low-confidence chip means the reading rests on contested or thin sources. Check the cited authority before relying on it.
Dates. A red date marks a state whose status changes on that date. The map shows status today.
How this is checked
Verified against primary sources: state statutes, agency rules, attorney general opinions, and official legislative records. Each state links to the authority it rests on.
Per serving, per container, and per package are three different limits and are not interchangeable. A blank means the state sets no such limit, not that it is unlimited.
Policy tracking, not legal advice; current as of the date shown at the top. It does not substitute for counsel in any individual state.