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How Are THC Drinks Legal in States Where Cannabis Isn’t?

How Are THC Drinks Legal in States Where Cannabis Isn’t?
Erika Laguna2025-05-22T09:44:17-04:00

Just a sip:

  • Thank you, 2018 Farm Bill. Hemp-derived THC drinks are legal nationwide as long as they contain less than 0.3% THC by dry weight, thanks to broad language in the 2018 federal law.
  • THC is THC no matter which plant it comes from. The difference is as long as the THC is extracted from hemp and meets legal thresholds – federal, state, and local – all’s good.
  • Sip responsibly. THC stays in your system no matter how it’s consumed. So be mindful if your sport or job checks in on those kinds of things.

Even if you live in a state where marijuana is illegal, hemp-derived Delta-9 THC drinks are showing up in stores down the aisle from the Boba tea, promising all the buzz of weed without the legal drama. Wait, is this entrapment? No, but the reason these drinks could be legal in your state might surprise you

The 2018 Farm Bill: A Long Time Coming

Delta-9 THC is legal by federal law thanks to the 2018 Farm Bill, a piece of legislation that (maybe) unintentionally opened the door for hemp-derived drinks and edibles. It had been banned up until then because the cops couldn’t tell the difference between hemp and marijuana. But times – and technology – have changed. 

So one fine day, a bunch of old guys in D.C. gave the green light to industrial hemp for the first time in 80 years. The thought was that it could be harvested for clothing and other things. The only caveat was that, to be legal, the plant could contain no more than 0.3% THC by dry weight. At that level, it’s not enough to get someone high — at least, not in the way you’d think.

Same THC, Different Rules

And this is where it gets spicy. The newly legalized industrial hemp scene became a big hit with the American food and beverage industry. These creative minds showed Americans that while marijuana might still be a no-no in parts of the country, hemp-derived highs were a potential legal salvation to lingering prohibition.

It’s important to note that hemp-derived Delta-9 THC is the same compound found in marijuana, the only difference is in how it’s sourced. This part confuses some people, so here we come with the clarity. 

Both derivatives are from the Cannabis sativa plant. The only real difference is that marijuana plants produces higher concentrations of THC – up to 30% by dry weight – while hemp plants produce less than 0.3% THC. So, as long as an edible or beverage is made from hemp plants that meet the 0.3% THC threshold, it’s legal nationwide. 

The food and beverage folks ran with this concept, engineering a way to extract the small amounts of THC from hemp and concentrate it into a flurry of feel-good products that hit you with the same vibe as different strains of cannabis, but since they’re made from hemp, not weed, they can be totally legal.

Sip Responsibly.

Let’s clarify one thing: While the federal law is on the side of THC drinks, the state and local laws defining when and where you can have THC in your system still apply no matter how it’s farmed. Don’t drink THC beverages and drive. And if your sport or work has drug testing, THC – no matter how you consume it – stays in your body long after the good vibes have passed. So, yeah, enjoy responsibly. 

Know What You’re Putting Into Your Body

There’s not a heck of a lot of regulation yet on Delta-9 THC drinks. So, it’s crucial to choose your legal high from brands that prioritize safety, quality, and transparency. In the pursuit of wellness, it would be counterintuitive to consume drinks that use sketchy sources, dangerous pesticides, and no telling what else. IYKYK Sativa Sippers puts every batch through third-party testing – Twice Tested, actually – to guarantee purity, potency, and peace of mind. 

When it comes to flavor, effectiveness, and quality, IYKYK Sativa Sippers are designed to be the perfect party drink while setting the standard for safe and effective cannabis-infused drinks that don’t skimp on flavor. 

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