The legality of THC beverages is complicated. Hemp-derived THC has been legal under the 2018 Farm Bill — but states set their own rules, and federal policy is in flux heading into 2026.
This is not legal advice, and rules change quickly. Always verify the current laws in your state and city before buying or consuming hemp-derived THC. Treat the overview below as general background only.
The Federal Baseline
The 2018 Farm Bill removed hemp from the Controlled Substances Act by defining it as cannabis containing no more than 0.3% delta-9 THC by dry weight. That definition opened the door for hemp-derived THC beverages.
More recently, federal lawmakers have moved to tighten that definition — aiming to exclude intoxicating hemp products and close the loophole that allowed an unregulated synthetic-THC market to grow. Reporting suggests new federal limits on intoxicating hemp could take effect in late 2026, which would significantly restrict many current THC beverages in states without legalized marijuana.
What the Change Could Mean
- If your state has legalized marijuana: you may still be able to buy THC beverages through licensed channels.
- If your state has NOT legalized marijuana: hemp-derived THC beverages could become harder to find or unavailable.
- The industry is pushing back: restaurant and beverage groups are lobbying for a regulatory framework rather than an outright ban, citing a large market opportunity.
The State Patchwork
Today, availability varies widely. In some states THC drinks are sold openly in bars, breweries, restaurants, grocery stores, and supermarkets; in others they're restricted to licensed cannabis dispensaries; and a few have moved to limit or ban them. Because this map keeps shifting, the only reliable answer is to check your own state and local rules.
The Last Call Position
Last Call products are hemp-derived and made to comply with applicable federal law. We recommend checking your state and local laws before purchasing — and staying tuned, because the regulatory landscape is changing fast.