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Feature · Hemp drinks

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

Step 1

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.

US-CA · Hemp drinks

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.

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)
Shares the page open on CA.
Try a drink · California

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.
Every state at once

The most THC one container may hold

The most THC one container may hold, state by stateNew Mexico 20 mg per container; Oregon 20 mg per container; Delaware 10 mg per container; Iowa 10 mg per container; Minnesota 10 mg per container; New Jersey 10 mg per container; Kentucky 5 mg per 12 oz serving, no container cap; Rhode Island 5 mg per container; Colorado 1.75 mg per serving, no container cap; California 0 mg no THC. Federal limit from 11 December 2026: 0.4 mg per container.New Mexico20 mg per containerOregon20 mg per containerDelaware10 mg per containerIowa10 mg per containerMinnesota10 mg per containerNew Jersey10 mg per containerKentucky5 mg per 12 oz serving (no container cap)Rhode Island5 mg per containerColorado1.75 mg per serving (no container cap)California0 mg no THCFEDERAL 0.4 mg PER CONTAINER FROM 11 DEC 2026
The bar is the state’s own figure for one container; where a state caps only the serving, that figure is shown and marked. The red line is the federal limit.
The sheet

All 10 states on one table

THC caps for hemp drinks in 10 US states, verified against official sources
StateDrinks allowed?Cap per servingCap per containerAgeIn forceChecked
CaliforniaNoNone: no detectable THCNone2123 Sept 202431 Oct 2026
New JerseyYes, until 13 Nov 20265 mg per serving10 mg per container2131 May 202631 Oct 2026
Rhode IslandYes, under the general hemp product rule1 mg per serving5 mg per container218 Dec 202531 Oct 2026
ColoradoYes, under the general hemp product rule1.75 mg per serving, CBD:THC at least 15:1No cap per container217 Jun 202331 Oct 2026
OregonYes, under the general hemp product rule2 mg per serving20 mg per container2122 Oct 202431 Oct 2026
New MexicoYes2 mg per serving20 mg per containerNot stated29 Mar 202631 Oct 2026
IowaYes4 mg per serving10 mg per container211 Jul 202431 Oct 2026
KentuckyYes5 mg per 12 oz servingNo cap per container2125 Mar 202531 Oct 2026
MinnesotaYesNo cap per serving10 mg per container211 Jul 202231 Oct 2026
DelawareYesNo cap per serving10 mg per container2121 Oct 20261 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.

The dates

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. 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.

  2. 7 Jun 2023

    Colorado: figures in force

    SB 23-271, approved and effective 7 June 2023 (2023 Colo. Sess. Laws ch. 444).

  3. 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".

  4. 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.

  5. 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.

  6. 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.

  7. 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).

  8. 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)).

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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).

  14. 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.

  15. 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.

  16. 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. [1] CRS Legal Sidebar LSB11496 (28 Oct 2026)
  2. [2] CRS In Focus IF13136 (28 Sep 2026)
  3. [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.