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THC Seltzers: Where Are They Legal? State By State List
There’s a distinct fizz and pop echoing across America’s beverage landscape, and it isn’t just from hard seltzer. A new, more nuanced revolution is bubbling to the surface, contained within the sleek, colorful cans of THC-infused seltzers. This is the modern face of cannabis—light, crisp, smoke-free, and remarkably accessible. Offering a gentle lift and a sense of bubbly bliss, these beverages have exploded in popularity, transforming the way people approach everything from social gatherings to quiet, relaxing evenings at home. They have officially moved from a niche curiosity to a mainstream cultural force, reinventing the very idea of a “social tonic”.
But as this vibrant new category sparkles, a complex and often bewildering legal question casts a shadow: where can you actually buy and enjoy these THC seltzers? The answer is far from simple. A can that is perfectly legal to purchase in a Minneapolis liquor store could be considered contraband just a few states over. This emerging market is governed by a patchwork quilt of laws, a tangle of federal statutes, state-level regulations, and a crucial distinction that underpins it all—whether the THC inside that can was sourced from hemp or from marijuana. For the curious consumer, simply trying to figure out if they can legally enjoy a can of their favorite flavor can feel like navigating a labyrinth.
This guide is your definitive map. We are here to cut through the legal fog and provide a clear, comprehensive overview of the THC seltzer market across the United States. We will explore the foundational federal law that made this all possible before diving into a detailed, state-by-state breakdown. We’ll look at where these seltzers are celebrated, where they face strict rules, and what the future may hold for this effervescent phenomenon. Forget the uncertainty; by the end of this guide, you’ll have a confident and clear understanding of where you can legally partake in the new wave of cannabis refreshment.
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The Federal Law That Sparked the Seltzer Craze
The entire existence of the sprawling, multi-state hemp seltzer market can be traced back to a single, transformative piece of legislation: Agriculture Improvement Act of 2018, more commonly known as the 2018 Farm Bill. This bill enacted a profound change in federal law by distinguishing between two types of cannabis plants. It legally defined “hemp” as the Cannabis sativa L. plant containing no more than 0.3% Delta-9 tetrahydrocannabinol (THC) by dry weight. Any cannabis plant exceeding this threshold remains classified as “marijuana,” a Schedule I controlled substance under federal law.
This seemingly small distinction created a massive opportunity. By descheduling hemp, the Farm Bill effectively created a federally legal pathway for the production and sale of hemp-derived products, including cannabinoids like CBD, CBG, and, most importantly for our purposes, Delta-9 THC.
This is where the concept of “dry weight” becomes the key that unlocks the entire THC seltzer market. While 0.3% THC sounds like a minuscule amount, the law measures it by the product’s weight. A standard 12-ounce (355ml) can of seltzer weighs approximately 355,000 milligrams. Calculating 0.3% of that total weight allows for a legally significant amount of THC to be infused into the liquid. This legal framework makes it possible to create a 12-ounce seltzer containing 5mg, 10mg, or even more of hemp-derived Delta-9 THC while remaining fully compliant with federal law.
However, the 2018 Farm Bill also granted states the authority to create their own regulatory systems for hemp within their borders. It did not create a free-for-all market. This has led to the patchwork of laws we see today, where the federal legality of a product doesn’t guarantee its legality in every state. Some states have embraced this new market, some have regulated it heavily, and others have passed laws to ban these intoxicating hemp products altogether.
Furthermore, other federal agencies have a say. The Alcohol and Tobacco Tax and Trade Bureau (TTB) explicitly prohibits the infusion of any controlled substance, including federally illegal marijuana-derived THC, into alcoholic beverages. This is why the THC seltzer market is an exclusively non-alcoholic space. The Food and Drug Administration (FDA) has maintained that it is currently illegal to add CBD or THC to food and beverages, but its enforcement has been limited, primarily focused on companies making unsubstantiated health claims. This lack of a clear, unified federal regulatory structure has allowed the hemp seltzer market to flourish in the legal space carved out by the Farm Bill, even as its long-term status remains a topic of intense debate, especially with the upcoming renewal of the Farm Bill.
The Two Sides of the Seltzer Scene: Hemp vs. Marijuana
To truly understand where THC seltzers are legal, you must first recognize that you’re dealing with two distinct product categories that exist in parallel universes, governed by entirely different sets of rules. Why’s this distinction crucial anyhow? Well, first and most, this is the critical step in navigating the legal landscape. The legality of a THC seltzer in your specific location depends entirely on its source and the laws of your state.
Hemp-Derived THC Drinks: These are the stars of the current boom. The THC in these seltzers is extracted from federally compliant hemp plants. They adhere to the 0.3% Delta-9 THC by dry weight standard, which makes them federally legal and allows them to be sold across state lines, provided that the destination state has not specifically outlawed them. This is why you can often find them for sale online or in a wide variety of retail locations, including liquor stores, smoke shops, specialty wellness stores, and even some grocery stores or bars in permissive states. These seltzers typically feature lower, more “sessionable” doses, commonly ranging from 2mg to 10mg of THC per can, designed to offer a light, uplifting buzz rather than an overwhelming experience.
Marijuana-Derived THC Drinks: These seltzers are crafted with THC extracted from marijuana plants, which contain more than the 0.3% federal limit of Delta-9 THC. Because marijuana remains a controlled substance at the federal level, these products are only legal in states that have established their own medical or, more commonly, adult-use recreational cannabis programs. You cannot buy these online for shipment across state lines. They are sold exclusively within the state’s licensed dispensary system to individuals who meet the age requirement (typically 21 and over). These seltzers are subject to the state’s specific cannabis regulations, including stringent testing, packaging, and labeling requirements. While many are dosed similarly to their hemp-derived cousins, some dispensary-grade seltzers can contain higher levels of THC.
State-by-State Breakdown: Your Guide to Legal THC Seltzers
The journey from federal law to your local store shelf is where the legal landscape for THC seltzer from production to your hand is governed by a dizzying array of local laws. Some states gets truly complex. Some states have welcomed the trend with open arms and clear rules, while others are in a heated debate about how to handle this new wave of beverages. To provide the clearest possible picture, we’ve compiled the detailed chart below. This is your comprehensive, at-a-glance guide to the legal status of THC seltzers across the entire United States, detailing each state’s approach to both hemp and marijuana-derived options and the nuances that define their local market.
|
State |
Hemp-Derived THC Seltzers |
Marijuana-Derived THC Seltzers |
Key Regulations & Nuances for Seltzers |
Common Seltzer Market Scene |
|
Alabama |
Legal (Regulated) |
Medical Only |
The state has moved to regulate hemp seltzers under the Alcohol Beverage Control Board, effective early 2026. This includes a 10mg THC cap per 12oz can and restricts sales to licensed stores (no online or on-premise sales). |
A developing market adapting to new, stricter regulations. Seltzers are the primary beverage format available. |
|
Alaska |
Legal & Permissive |
Legal (Recreational) |
Mature regulatory system for both categories. Adults 21+. Products are widely available and well-regulated. |
A robust market with a wide variety of both hemp and marijuana seltzers in different flavors and potencies. |
|
Arizona |
Legal & Permissive |
Legal (Recreational) |
A strong recreational cannabis market for adults 21+. Hemp seltzers are also freely sold. |
An extensive selection of seltzers is available in dispensaries and general retail, from low-dose hemp options to stronger craft versions. |
|
Arkansas |
Legal Gray Area |
Medical Only |
The state has actively worked to restrict intoxicating cannabinoids, making the hemp seltzer market legally uncertain and risky for consumers and retailers. |
Availability is highly inconsistent and legally precarious. Not a reliable market. |
|
California |
Legal & Permissive |
Legal (Recreational) |
The largest and most mature cannabis market. Both hemp and marijuana seltzers are legal for adults 21+ and subject to stringent testing and safety standards. |
The pinnacle of seltzer selection. Countless brands offer a massive variety of flavors, doses, and cannabinoid combinations. |
|
Colorado |
Legal & Permissive |
Legal (Recreational) |
As a pioneer in legalization, Colorado has clear regulations for both product types for adults 21+. |
A very mature market. Seltzers are a staple in dispensaries and are also widely available as hemp products in liquor stores. |
|
Connecticut |
Legal & Permissive |
Legal (Recreational) |
Recreational market is fully established. Hemp seltzers (under 0.3% THC) can be sold in liquor stores, while marijuana seltzers are in dispensaries. Adults 21+. |
A rapidly growing seltzer scene with many popular national and local brands available across different retail channels. |
|
Delaware |
Legal & Permissive |
Legal (Recreational) |
Following recreational legalization for adults 21+, the state is open to both seltzer types. |
The seltzer market is still developing as the retail infrastructure is built, but availability is increasing. |
|
Florida |
Legal (Hemp-Only) |
Medical Only |
Florida has a massive and thriving market for hemp-derived THC seltzers. The state has considered stricter potency caps, but for now, it remains a major hub. |
An enormous selection of hemp seltzers in various flavors and strengths can be found in specialty stores, smoke shops, and kava bars. |
|
Georgia |
Legal (Hemp-Only) |
Medical Only (Low THC) |
Hemp seltzers are legal and sold to adults 21+ under state regulations that require testing and proper labeling. |
A strong and growing market for hemp-derived seltzers, with many brands readily available in specialty retail outlets. |
|
Hawaii |
Legal Gray Area |
Medical Only |
The state’s position on intoxicating hemp products is not clearly defined, creating an uncertain environment for hemp seltzers. |
The market is inconsistent. Some online retailers may ship, but local availability is not guaranteed and legally murky. |
|
Idaho |
Illegal |
Illegal |
Idaho maintains a strict zero-tolerance policy. Any product with any amount of THC, including seltzers, is illegal. |
None. THC seltzers are not legally sold or possessed. |
|
Illinois |
Legal & Permissive |
Legal (Recreational) |
Adults 21+ can purchase both hemp and marijuana seltzers. The state has a strong, regulated market for both. |
A diverse and competitive market with a wide range of seltzer options available in dispensaries and other retail locations. |
|
Indiana |
Legal (Hemp-Only) |
Illegal |
Hemp-derived seltzers are legal and widely available, though the state as a whole maintains a conservative stance on cannabis. |
A surprisingly robust market for hemp seltzers has emerged, with products available in many smoke shops and specialty stores. |
|
Iowa |
Legal (Regulated) |
Medical (CBD) |
The state permits hemp beverages but caps them at 5mg of THC per serving. They must be sold in brick-and-mortar stores. |
A regulated market focused on low-dose seltzers. The selection is more limited but clearly defined by law. |
|
Kansas |
Illegal |
Illegal |
Kansas law explicitly prohibits products containing THC, making all THC seltzers illegal. |
None. |
|
Kentucky |
Legal (Regulated) |
Medical (Non-combustible) |
As of mid-2025, new laws place hemp seltzers under state ABC control with a 5mg THC limit per can, available only in liquor stores. |
The market is currently transitioning to this new, more restrictive framework. Seltzers are the dominant beverage type. |
|
Louisiana |
Legal (Regulated) |
Medical Only |
The state heavily regulates “consumable hemp.” Seltzers are capped at 8mg of THC per can and can only be sold by state-licensed retailers to adults 21+. |
A strictly regulated but active market. Seltzers are tested, tracked, and available from licensed vendors. |
|
Maine |
Legal & Permissive |
Legal (Recreational) |
A mature cannabis state with a craft-focused ethos. Both seltzer types are legal for adults 21+. |
A great selection of craft THC seltzers from both local and national brands, available in dispensaries and retail stores. |
|
Maryland |
Legal & Permissive |
Legal (Recreational) |
With a fully operational recreational market for adults 21+, both hemp and marijuana seltzers are legal and available. |
The seltzer scene is expanding quickly as more brands enter the new recreational market. |
|
Massachusetts |
Legal & Permissive |
Legal (Recreational) |
A well-established market for adults 21+. State law prevents THC products from being sold alongside alcohol. |
A diverse array of seltzers is available in licensed dispensaries, ranging from micro-dosed options to more potent choices. |
|
Michigan |
Legal & Permissive |
Legal (Recreational) |
One of the largest and most competitive cannabis markets in the nation for adults 21+. |
An extremely diverse and innovative seltzer market. Dozens of brands offer a huge range of flavors and potencies. |
|
Minnesota |
Legal & Permissive |
Legal (Recreational) |
A trailblazer. Minnesota explicitly legalized low-dose (5mg/serving) hemp seltzers for sale in liquor stores, grocery stores, and more for adults 21+, creating a massive market. |
A national leader in the THC seltzer space. The market is saturated with a huge variety of local and national seltzer brands. |
|
Mississippi |
Legal Gray Area |
Medical Only |
The state has taken a hostile stance against intoxicating hemp products, making the seltzer market legally risky. |
A very limited and legally uncertain market. Not recommended for consumers or retailers. |
|
Missouri |
Legal & Permissive |
Legal (Recreational) |
A strong and growing recreational market for adults 21+ allows for a good selection of both seltzer types. |
A healthy seltzer scene is developing, with options available in dispensaries and other retail outlets. |
|
Montana |
Legal & Permissive |
Legal (Recreational) |
Adults 21+ can purchase THC seltzers within the state’s regulated cannabis system. |
A good selection of seltzers is available, primarily found within licensed dispensaries. |
|
Nebraska |
Illegal |
Illegal |
State law prohibits any product containing THC. |
None. |
|
Nevada |
Legal & Permissive |
Legal (Recreational) |
As a major tourist and cannabis destination, Nevada has a highly regulated but robust market for adults 21+. |
A wide array of flashy and high-quality THC seltzers is available in the state’s numerous dispensaries. |
|
New Hampshire |
Legal (Hemp-Only) |
Medical Only |
While recreational cannabis is not legal, the state permits the sale of federally compliant hemp-derived seltzers. |
A decent selection of hemp seltzers can be found in smoke shops and specialty stores. |
|
New Jersey |
Legal (Regulated) |
Legal (Recreational) |
The state has moved to regulate intoxicating hemp seltzers under its main cannabis body, restricting sales to licensed dispensaries for adults 21+. |
The seltzer market is now concentrated in the legal dispensary system, ensuring tested and regulated products. |
|
New Mexico |
Legal & Permissive |
Legal (Recreational) |
A vibrant and growing recreational market for adults 21+. |
A great selection of THC seltzers is emerging, with many local brands offering unique, regional flavors. |
|
New York |
Legal & Permissive |
Legal (Recreational) |
Adults 21+ can legally purchase both hemp and marijuana seltzers in a rapidly expanding, albeit chaotic, market. |
An enormous and diverse market. Seltzers are widely available in licensed dispensaries, smoke shops, and bodegas. |
|
North Carolina |
Legal (Hemp-Only) |
Illegal |
North Carolina has one of the largest and most robust markets for hemp-derived seltzers under the 0.3% THC rule. |
An extensive selection of hemp seltzers from numerous brands is available in specialty stores across the state. |
|
North Dakota |
Legal Gray Area |
Medical Only |
The legality of intoxicating hemp products like seltzers is not clearly defined by state law, creating an uncertain market. |
Very limited and legally risky. |
|
Ohio |
Legal & Permissive |
Legal (Recreational) |
With the recent launch of its adult-use recreational market (21+), the state is poised for a massive expansion in THC seltzer availability. |
The seltzer market is in a high-growth phase, with more brands and products entering the market weekly. |
|
Oklahoma |
Legal (Hemp-Only) |
Medical Only |
Hemp seltzers are legal for the general public (21+), while a huge variety of marijuana seltzers are available to the state’s many medical cannabis patients. |
Good selection of hemp seltzers in retail. An excellent, diverse seltzer market exists within medical dispensaries. |
|
Oregon |
Legal & Permissive |
Legal (Recreational) |
A mature and innovative cannabis state for adults 21+. |
An excellent, craft-focused market with a wide variety of high-quality THC seltzers available. |
|
Pennsylvania |
Legal (Hemp-Only) |
Medical Only |
Federally compliant hemp-derived seltzers are widely available and legal. |
A strong market for hemp seltzers exists in specialty wellness stores and smoke shops. |
|
Rhode Island |
Legal (Regulated) |
Legal (Recreational) |
The state is still determining where hemp seltzers can be sold (liquor vs. dispensary). For now, the most reliable source is licensed dispensaries for adults 21+. |
The retail landscape is in flux, but seltzers are a popular category within the state’s dispensaries. |
|
South Carolina |
Legal Gray Area |
Illegal |
State authorities have taken legal action against intoxicating hemp products, making the market unstable and legally perilous. |
A legally risky and inconsistent market. |
|
South Dakota |
Illegal |
Medical Only |
The state has some of the strictest laws in the nation and considers intoxicating hemp seltzers illegal. |
None. |
|
Tennessee |
Legal (Regulated) |
Illegal |
Tennessee has a huge hemp seltzer market but recently passed laws to regulate it under the state ABC, including taxation and licensing, effective in 2025. |
A massive seltzer market that is currently transitioning to a more formal, regulated framework. |
|
Texas |
Legal (Hemp-Only) |
Medical (Low THC) |
Despite legislative attempts to ban them, hemp-derived seltzers remain legal under the 0.3% Delta-9 rule. |
A large and fiercely independent market for hemp seltzers, with a particular love for THC-infused ranch waters. |
|
Utah |
Legal (Regulated) |
Medical Only |
Hemp seltzers are legal but are regulated by the state’s Department of Agriculture and Food, requiring specific licensing for sale. |
A regulated and somewhat limited selection of seltzers is available through state-approved retailers. |
|
Vermont |
Legal & Permissive |
Legal (Recreational) |
A craft-focused recreational market for adults 21+. |
A good selection of locally-made, craft THC seltzers that reflects the state’s artisanal ethos. |
|
Virginia |
Legal (Regulated) |
Legal (Possession/Use) |
The state has passed laws to regulate intoxicating hemp seltzers, including THC limits and stricter labeling. A retail marijuana market has not launched. |
A regulated hemp seltzer market exists, with products available in specialty stores that comply with state rules. |
|
Washington |
Legal & Permissive |
Legal (Recreational) |
One of the first states to legalize, Washington has a mature, well-regulated market for adults 21+. |
An extensive selection of THC seltzers and other infused beverages is available in licensed dispensaries. |
|
Washington D.C. |
Legal & Permissive |
Legal (Recreational) |
Adults 21+ can legally purchase seltzers from licensed dispensaries in the District. |
A good selection of seltzer brands is available within the city’s regulated dispensary system. |
|
West Virginia |
Legal (Hemp-Only) |
Medical Only |
Federally compliant hemp-derived seltzers are generally available. |
A developing market for hemp seltzers can be found in various retail outlets. |
|
Wisconsin |
Legal (Hemp-Only) |
Illegal |
Hemp-derived seltzers exist in a legal loophole and are widely sold across the state. |
A large, unregulated market for hemp seltzers thrives in smoke shops and specialty stores. |
|
Wyoming |
Legal (Hemp-Only) |
Illegal |
While the state is very conservative on cannabis, federally compliant hemp seltzers are generally tolerated. |
A limited market. Availability is mostly through online retailers and a few pioneering smoke shops. |
The Emerging Standard
The THC seltzer phenomenon exists within a unique and unsettled legal space. While federal and state laws will continue to evolve, the industry’s trajectory is also being shaped by powerful internal forces. In the absence of a unified regulatory framework, a new form of governance is emerging directly from the market itself. The adoption of transparent practices, such as providing comprehensive lab results for every product, is becoming a non-negotiable standard. This push for self-regulation, driven by competition and the need for legitimacy, suggests that the ultimate stability of the seltzer market may not come from a single piece of legislation, but from the industry’s own drive to create a trustworthy and consistent standard for its products.
