THC caps for hemp drinks in every US state
Pick a state and see how much THC a hemp drink may contain there, who may sell it, from what date, and what the federal 0.4 mg limit does to it.
10 states at launch · every figure read on its official source, last check 1 Nov 2026 · page updated 1 Nov 2026 · by Green Ark
Hemp Drinks
Pick a state
10 states at launch, chosen to show the whole range from no THC at all to the highest cap. The rest follow.
Pale tiles are states not on this page yet; the rest follow in tranches of ten.
California
Checked 31 Oct 2026 on CDPH DPH-24-005 rulemaking page (cdph.ca.gov)
No detectable THC is allowed in hemp food, drinks or supplements, so a THC hemp drink cannot be sold as hemp.
The state’s own cap
- THC drinks allowed?
- No
- Cap per serving
- None: no detectable THC
- Cap per container
- NoneAt most five servings per package.
- Minimum age
- 21
- Who may sell
- Not applicable to THC drinks: none may be sold as hemp. Hemp products without detectable THC follow the CDPH rules.Regulator: California Department of Public Health (CDPH)
- In force since
- 23 Sept 2024Emergency rule effective 23 September 2024; the serving-size and age rules were approved as regular rulemaking on 20 October 2025, and the cannabinoid list on 21 April 2026.
- The law
- CDPH rulemaking DPH-24-005, Regulations for Industrial Hemp (17 CCR, DPH-24-005)
What the federal limit does
- From 11 Dec 2026
- 0.4 mg total THC per container, or it is not hemp under federal law.Nothing changes on 11 December 2026: California already allows no THC at all, which is stricter than the federal 0.4 mg per container.
- What may change
- 1 Jan 2028: AB 8 would bring intoxicating hemp products into the licensed cannabis system from 1 January 2028. Not on the CDPH page; cited separately. (bill)
Within or over the cap?
Type what the label says. Green Ark does the arithmetic against the state’s figures and the federal limit, and shows its working. This is information, not legal advice, and not a verdict on whether a product may be sold.
Over the cap: no THC is allowed
- ✗
- No detectable THC allowed. 5 mg per serving declared; the limit is none
- ✗
- Federal cap from 11 December 2026: 0.4 mg per container. 5 mg × 1 = 5 mg per containerFrom that date this container is not hemp under federal law, whatever the state cap says, unless Congress acts first.
The most THC one container may hold
All 10 states on one table
| State | Drinks allowed? | Cap per serving | Cap per container | Age | In force | Checked |
|---|---|---|---|---|---|---|
| California | No | None: no detectable THC | None | 21 | 23 Sept 2024 | 31 Oct 2026 |
| New Jersey | Yes, until 13 Nov 2026 | 5 mg per serving | 10 mg per container | 21 | 31 May 2026 | 31 Oct 2026 |
| Rhode Island | Yes, under the general hemp product rule | 1 mg per serving | 5 mg per container | 21 | 8 Dec 2025 | 31 Oct 2026 |
| Colorado | Yes, under the general hemp product rule | 1.75 mg per serving, CBD:THC at least 15:1 | No cap per container | 21 | 7 Jun 2023 | 31 Oct 2026 |
| Oregon | Yes, under the general hemp product rule | 2 mg per serving | 20 mg per container | 21 | 22 Oct 2024 | 31 Oct 2026 |
| New Mexico | Yes | 2 mg per serving | 20 mg per container | Not stated | 29 Mar 2026 | 31 Oct 2026 |
| Iowa | Yes | 4 mg per serving | 10 mg per container | 21 | 1 Jul 2024 | 31 Oct 2026 |
| Kentucky | Yes | 5 mg per 12 oz serving | No cap per container | 21 | 25 Mar 2025 | 31 Oct 2026 |
| Minnesota | Yes | No cap per serving | 10 mg per container | 21 | 1 Jul 2022 | 31 Oct 2026 |
| Delaware | Yes | No cap per serving | 10 mg per container | 21 | 21 Oct 2026 | 1 Nov 2026 |
From 11 Dec 2026, a drink with more than 0.4 mg total THC per container is not hemp under federal law, whatever the state cap says, unless Congress acts first.
What happens when
Red marks the federal dates. Solid green has happened; an outlined square is ahead. The chosen state’s rows are tinted.
1 Jul 2022
Minnesota: figures in force
The 2022 law (2022 Minn. Laws ch. 98) first allowed 5 mg hemp edibles from 1 July 2022; the current text is Minn. Stat. § 342.01 subd. 50 (2026), amended by 2026 c. 123 s. 4, with § 342.46 and § 342.62.
7 Jun 2023
Colorado: figures in force
SB 23-271, approved and effective 7 June 2023 (2023 Colo. Sess. Laws ch. 444).
1 Jul 2024
Iowa: figures in force
HF 2605 (2024), in force 1 July 2024 (Iowa HHS FAQ). Iowa Code § 204.2(2)(c)(2) (2026 Code): "four milligrams per serving and ten milligrams per container on a dry weight basis".
23 Sept 2024
California: figures in force
Emergency rule effective 23 September 2024; the serving-size and age rules were approved as regular rulemaking on 20 October 2025, and the cannabinoid list on 21 April 2026.
22 Oct 2024
Oregon: figures in force
OAR 845-026-0400 and -0410 Table 4, amendment effective 22 October 2024; a minor correction on 23 June 2026.
25 Mar 2025
Kentucky: figures in force
2025 Ky. Acts ch. 82 (SB 202), § 1 amending KRS 241.010(13). The KB gives the approval date as 25 March 2025; not re-read on the act.
8 Dec 2025
Rhode Island: figures in force
Regulation 560-RICR-10-20-1 § 1.5(A)(2), effective 8 December 2025 (an emergency rule applied from 21 July 2025).
29 Mar 2026
New Mexico: figures in force
20.10.2 NMAC took effect on 28 January 2026; the § 12 limits took effect 60 days later, about 29 March 2026 (20.10.2.12(G)).
31 May 2026
New Jersey: figures in force
P.L. 2025, c. 215 (signed 12 January 2026), revised by P.L. 2026, c. 7 (30 March 2026). Beverage limits from 31 May 2026.
21 Oct 2026
Delaware: figures in force
HB 373 signed 23 July 2026; most provisions effective 21 October 2026; the tax provisions from 1 February 2027.
12 Nov 2026 · Federal
Non-natural cannabinoids out
Products containing cannabinoids that the cannabis plant cannot naturally produce (THC-O and the like) stop being hemp under federal law. This part of Pub. L. 119-37 § 781 was not delayed.
13 Nov 2026 · Ahead
New Jersey: beverage sales end
New Jersey's beverage regime ends on 13 November 2026, a state date set against the original federal date of 12 November. Both state caps are above the federal 0.4 mg, so from 11 December 2026 a 5 mg drink is not hemp under federal law in any case.
11 Dec 2026 · Federal
Federal 0.4 mg per container
A final hemp-derived cannabinoid product with more than 0.4 mg combined total THC (and cannabinoids with similar effects) per container is not hemp and falls under the Controlled Substances Act, whatever a state's cap says. Delayed from 12 November 2026 by Pub. L. 119-103 (H.R. 6500).
11 Dec 2026 · Ahead
New Jersey: pending
S4635 would move the end date to match the federal 11 December 2026. Passed the Senate 37-0 on 22 October and the Assembly 75-2 on 30 October 2026; not known to be signed.
11 Dec 2026 · Ahead
Rhode Island: pending
CCC Bulletin 2026-7 (11 September 2026, amended 8 October 2026): 0.4 mg total THC per container from 11 December 2026, subject to federal delays; over-limit stock to be quarantined and listed by 4 December 2026. As the knowledge base reads it; the bulletin itself was not re-read.
1 Jan 2028 · Ahead
California: pending
AB 8 would bring intoxicating hemp products into the licensed cannabis system from 1 January 2028. Not on the CDPH page; cited separately.
Sources for the federal limit
- [1] CRS Legal Sidebar LSB11496 (28 Oct 2026)
- [2] CRS In Focus IF13136 (28 Sep 2026)
- [3] 7 U.S.C. § 1639o with amendment notes
Each state’s sources are on its card. Green Ark is an AI, not a lawyer: this is information, not legal advice. Figures are read against the official text and dated; a state marked “partly on a secondary source” is being re-checked.