Delta-9 drinks are everywhere right now, but the legal side can feel confusing. You’ll see one brand shipping nationwide, another refusing to ship to half the states, and headlines about new crackdowns popping up every few months.
So are Delta-9 drinks legal in the U.S.?
Sometimes yes, sometimes no, and often “it depends.” Federal hemp rules created the space for hemp-derived Delta-9 products, but states (and even cities) can still restrict or ban THC beverages.
In this guide, we’ll explain the federal baseline, why states can still say “no,” and what to check so you don’t get surprised before you buy.
The Federal Law on Delta-9 Drinks
Under federal law, the key point is the 2018 Farm Bill definition of hemp. It carved out “hemp” from federally controlled marijuana by defining hemp as legal (and its derivatives) with no more than 0.3% delta-9 THC on a dry-weight basis.
That “dry-weight” detail matters because it’s the reason THC drinks exist legally in the first place. Beverages weigh a lot, so a product can contain a noticeable milligram amount of Delta-9 THC while still staying under the 0.3% threshold by weight.
The big complication: FDA rules
Even if Delta-9 THC fits the Farm Bill hemp definition, the FDA has said that it’s not a good idea to introduce it into foods and beverages.
So the real federal picture looks like this:
The Farm Bill created a hemp definition that many companies rely on.
But the FDA’s position on THC in food/beverages adds a second layer of legal risk and regulatory uncertainty.
That’s why you’ll hear people call Delta-9 drinks “federally legal,” but you’ll also see brands describe the market as a gray area until there are clearer rules.
The State Law on Delta-9 Drinks
Even with the federal hemp definition, states can still make stricter rules about intoxicating hemp products (including THC drinks). Courts have generally allowed states to regulate or restrict these products.
In real life, states tend to fall into three buckets:
1. Allowed
In many states, hemp-derived THC drinks are sold with fewer to no special restrictions for people over a certain age.
2. Allowed, but somewhat restricted
These states have set certain rules on THC drinks, so not all of them are available. Rules like:
- restriction on max THC per serving.
- packaging/labeling standards.
- testing requirements.
- limits on certain cannabinoids.
3. Restricted or banned
Some states (and even cities) choose to block or sharply limit intoxicating hemp products. Local actions happen too — for example, Chicago recently voted to ban sales of certain hemp-derived THC products at city-licensed stores.
What this means for you
A Delta-9 drink that’s sold openly in one place may be restricted in another, and that can affect:
whether a brand will ship to you.
whether stores can legally stock it.
what potency is allowed.
how drinks must be labeled and tested.
So the “legal in the U.S.” question is really: Is it legal federally under hemp rules, and is it allowed under your state (and local) rules right now?
A simple way to avoid surprises is to check the brand’s shipping policy before you buy. Reputable Delta-9 sellers usually list which states they can and can’t ship to, based on current state rules.
Can You Legally Travel with Delta-9 Drinks?
Sometimes yes, sometimes no, and it depends less on “what the Farm Bill says” and more on where you’re going and how you’re traveling.
Driving with Delta-9 drinks (road trips)
If you’re traveling by car, the practical rule is simple:
You can usually transport a sealed, clearly labeled hemp-derived product in places where it’s allowed to be sold.
But crossing a state line doesn’t “guarantee” legality at your destination, because state and local restrictions can be stricter than the federal baseline.
What keeps you safest on road trips:
Keep the drink sealed and in the trunk or a bag (treat it like alcohol).
Don’t consume while driving, and don’t “test sip” before the road. THC impairment rules work more like alcohol in practice: if you’re feeling it, don’t drive.
If your destination has a reputation for stricter hemp rules, check the current state guidance before you go (rules change quickly).
Air Travel (TSA & Airports)
TSA’s official position is that marijuana remains illegal under federal law, but hemp-derived products that meet the legal threshold (≤0.3% THC) are allowed.
TSA also says they’re not searching for marijuana, but if they discover something during screening, they can refer it to law enforcement.
For Delta-9 drinks, there’s a bigger issue than THC: liquid rules.
Carry-on liquids must follow TSA’s size limits (your typical 12-oz can does not).
Checked baggage is exempt from the liquid limit, but it may still be screened.
If you’re flying:
- Avoid crying, but if you have to, bring it sealed and clearly labeled.
Use checked luggage if your liquids exceed the carry-on liquid limits.
Expect variability: airport enforcement and local policies can be stricter than what a national TSA page implies.
Shipping or mailing Delta-9 drinks across state lines
Mailing hemp-derived products is possible under USPS policy when they meet the federal hemp THC threshold and are produced lawfully, but the real-world issue is still the same: the receiving state (or local area) might restrict sales or possession.
So only ship if both the sending and receiving locations allow the product category, and keep documentation (like a COA) available if a carrier or regulator questions it.
Tips for traveling without headaches
Keep the packaging intact and the product sealed.
Don’t use THC drinks “in transit.” Treat it like alcohol etiquette and safety.
Save the COA on your phone or email (or have a QR code that actually works).
If you’re traveling somewhere strict or uncertain, the cleanest move is: don’t bring it. Buy legally at your destination if that’s an option.
FAQs About Delta-9 Drink Legality
Can I legally buy Delta-9 drinks online?
Many brands sell hemp-derived Delta-9 drinks online, but shipping depends on state (and sometimes local) rules and the seller’s compliance policies. Your safest move is to check the brand’s shipping page before you order.
Can I drive with Delta-9 drinks in my car?
In many places, possessing a sealed product is treated differently from consuming THC. But laws vary, and the bigger practical issue is impairment: don’t drink Delta-9 while driving, and don’t drive if you feel effects.
How do I know if a Delta-9 drink is compliant with the law?
Start with the basics:
It should clearly say hemp-derived Delta-9 THC.
The product should be designed to meet the federal hemp definition (0.3% delta-9 THC by dry weight).
The brand should provide a recent third-party COA that matches the product/batch.
Keep in mind: “hemp-compliant” doesn’t automatically mean “allowed in every state,” because states can still restrict intoxicating hemp products.
Can I fly with Delta-9 drinks?
TSA’s public guidance allows hemp-derived products that meet the legal THC threshold, but TSA focuses on security, not verifying your product’s legality, and local law can still matter. Also, drinks run into liquid limits in carry-on bags.
If you don’t want friction, the lowest-risk option is not flying with THC beverages.
Can minors access Delta-9 drinks?
No, Delta-9 drinks are not available for minors, nor are they safe. Reputable brands only sell to adults aged 21 and over, and most retailers require age verification before purchase or delivery of any Delta-9 products.
Final Thoughts
Delta-9 drinks qualify as legal hemp under federal rules, but the complete legal picture is still a patchwork. States (and even some cities) can restrict or ban intoxicating hemp products, and those rules keep evolving.
If you want to stay on the safe side, don’t rely on a single “yes or no” answer you saw online months ago. Instead:
Check your state’s current rules.
Check the brand’s shipping policy before you buy.
Stick to products with clear labeling and a matching COA.
And in 2026, keep an eye on federal changes that could tighten how hemp THC products are defined or sold.
Want to explore reliable options next? Check out our guide to the best Delta-9 drinks.
Disclosure:
The information provided in this article is meant for general use only and may not always suit everyone’s individual needs. Your health and wellness are personal, so you should consult a medical professional for personalized advice before making decisions based on our content. For more information, please read our Disclosure Policy.