Delta-9 drinks are becoming one of the most popular beverages, offering smooth, controlled relaxation and a better way to unwind. But with hemp-derived THC laws changing from state to state, many people are left asking a simple question: Are Delta-9 drinks truly legal in the US?
The answer isn’t always straightforward.
While hemp-derived Delta-9 THC is federally legal, each state can create its own rules regarding these beverages, and some have. That means a completely legal Delta-9 drink in one state could be banned in another.
In this guide, we’ll break down the legal landscape of Delta-9 beverages, explain what the federal law allows, and give you a clear, up-to-date overview so you can stay informed before you try.
The Federal Law on Delta-9 Drinks
Delta-9 is the primary psychoactive compound commonly found in cannabis, but when it comes from hemp plants and meets certain conditions, it’s treated differently under U.S. law.
The key legal framework comes from the 2018 Farm Bill, which legalized hemp and hemp-derived Delta-9 THC at the federal level. According to this law:
Hemp is different from cannabis plants when it contains less than 0.3% Delta-9 THC by dry weight.
Any product made from hemp plants—including edibles, drinks, oils, and vapes—is federally legal as long as it stays under that 0.3% Delta-9 THC limit.
So, how are hemp-derived Delta-9 drinks federally legal if they can still get you high?
It comes down to the product’s total weight. For example, a 12-ounce drink (about 340 grams) can legally contain up to 10 milligrams of Delta-9 THC because the overall concentration still falls within the 0.3% threshold. This is how manufacturers create legally compliant THC drinks that still offer noticeable psychoactive effects.
However, just because something is federally legal doesn’t mean it’s legal in every state. States are allowed to make their own laws, and a few have created stricter rules for certain THC products.
The State Law on Delta-9 Drinks
Even though Delta-9 drinks made from hemp are federally legal, that doesn’t mean they’re automatically legal in every state. That’s because federal law sets the minimum standard, not the maximum. States have the authority to create their own rules.
Here’s what that means in practice:
Most states follow federal guidelines and fully allow Delta-9 drinks by treating them like other legal hemp products.
Some restrict how they’re made, sold, or consumed—for example, by setting age limits, THC dosage caps, or packaging rules.
A few states, including Idaho and South Dakota, have currently banned Delta-9 products to some degree, even if they come from hemp and meet the federal 0.3% THC limit. Texas is also considering banning it, but it’s not certain yet.
This patchwork of laws can make things confusing, especially when traveling or shopping online. So it’s important to check your state’s laws before buying or using Delta-9 drinks, even if they are federally compliant and marketed as “legal.”
The smartest move is to check directly with the online Delta-9 vendor you’re considering—reputable sellers clearly state whether they can legally ship to your location based on current state laws.
Can You Legally Travel with Delta-9 Drinks?
In most cases, you can travel with Delta-9 drinks, but there are important rules and exceptions to keep in mind depending on how and where you’re traveling.
Driving with Delta-9 Drinks (Road Trips)
If you’re traveling by car within the U.S., the rules are much clearer:
Delta-9 drinks are legal to possess and travel with in over 48 states, provided they meet the federal threshold for hemp-derived THC. Additionally, when crossing state lines, you’re not violating federal law, but always check state-specific laws of your destination just to be safe.
Only Idaho and South Dakota have strict laws where possession of any THC, even hemp-derived, can lead to legal issues. Otherwise, traveling with Delta-9 drinks within most states is allowed.
You’re generally fine when traveling within legal states as long as the Delta-9 drink is labeled as hemp-derived and sealed.
Air Travel (TSA & Airports)
Hemp-derived Delta-9 drinks with no more than 0.3% THC by dry weight are legal, and the TSA officially allows them in both carry-on and checked bags as long as they comply with the TSA’s liquid carrying policy.
TSA isn’t looking for THC or even cannabis products, but if a drink looks suspicious or lacks clear labeling, agents can confiscate it and refer it to airport security or local law enforcement.
The safest option is to carry drinks in sealed packaging with a label showing that they are hemp-derived and compliant with legal THC limits.
Keep in mind, many individual airports and airlines may have their own policies regarding THC or drinks of any kind, so it’s smart to check ahead before flying with Delta-9 drinks.
Tips for Legal Travel with Delta-9 Drinks
Keep the packaging intact. Comply with the TSA’s liquid carrying policy and don’t open the Delta-9 drink mid-travel or before arriving at your destination.
Bring documentation. A certificate of analysis (COA) or a clear label on Delta-9 drinks packaging helps verify the legality and avoid any issues.
Be discreet. Avoid using THC beverages in public spaces, when in-route, or near children. Just to be safe, take similar precautions you would for an alcoholic beverage.
When in doubt, don’t risk it. If traveling internationally or through any state with ambiguous or unclear laws, it’s best to leave Delta-9 drinks behind.
FAQs About Delta-9 Drink's Legality
Can I legally buy Delta-9 drinks online?
Yes, you can legally buy Delta-9 drinks online in most states in the US and get them delivered to your doorstep. However, some brands restrict shipping to a few states, where local laws still prohibit THC.
Can I drive with Delta-9 drinks in my car?
In most states, yes, driving with hemp-derived Delta-9 drinks (not under the influence) is legal if the products are compliant and sealed. However, do not consume THC drinks while driving or before operating any vehicle.
How do I know if a Delta-9 drink is compliant with the law?
Look for drinks that clearly state “hemp-derived Delta-9 THC” and contain no more than 0.3% THC by dry weight. Legitimate brands also provide third-party lab reports (COAs) verifying potency and compliance with the law.
Can you legally mail Delta-9 drinks across state lines?
Yes, you can legally mail them if both the shipping and receiving states allow hemp-derived Delta-9 drinks and the item complies with federal limits. Delta-9 brands often list restricted states on their website where mailing can be probited.
Are Delta-9 drinks regulated the same way as cannabis?
Not exactly. Hemp-derived Delta-9 drinks fall under the legal landscape under the Farm Bill, while cannabis is still restricted as a Schedule 1 substance.
That means Delta-9 beverages are readily available for online purchase or in general wellness stores, while cannabis can only be purchased at licensed dispensaries and within states where cannabis is legal.
Do minors have access to 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 have become a popular and safer alternative to alcoholic beverages for wellness and relaxation, but their legal status can sometimes be confusing.
The good news? Most U.S. states allow hemp-derived Delta-9 drinks, as long as they meet the federal THC limit of 0.3% by dry weight. You can safely carry or order them in over 48 states. But a handful of states still enforce THC-restriction laws, so it’s important to double-check before you travel or buy.
Whether you’re sipping a Delta-9 seltzer for relaxation or trying a THC mixer in place of a cocktail, knowing your state’s laws helps you stay safe, legal, and stress-free.
Want to explore top products 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.