THC-infused beverages are gaining traction across the country as an alternative to traditional cannabis products. While the 2018 Farm Bill legalized hemp-derived Delta-9 THC products containing less than 0.3% THC, regulations surrounding THC beverages vary widely from state to state. Some states have integrated these drinks into existing cannabis or alcohol distribution systems, while others are developing new licensing frameworks to address manufacturing, retail sales, labeling, and taxation. Here is a look at how different states are considering legislation to regulate THC-infused beverages.

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Connecticut Bill Proposes Cannabis, Hemp, and Tobacco Regulation Changes

Connecticut House Bill 7178 seeks to update the state’s cannabis, hemp, and tobacco regulations, addressing THC limits in infused beverages, licensing provisions, hemp industry incentives, and retail sales restrictions. The bill awaited consideration by the General Law Committee.
Under HB 7178, licensed cannabis manufacturers could produce THC-infused beverages exceeding 3 mg of THC per container, provided they are sold outside of Connecticut in compliance with federal and state laws. The bill also caps THC content at 10mg per serving, limits pre-filled vape cartridges to 500mg of THC, and allows micro-cultivators to sell cannabis seedlings directly to consumers. Additionally, cannabis transporters would be eligible to expand operations to include product packaging.

The bill introduces new hemp industry provisions, including a tax credit for hemp farmers investing in processing infrastructure and a state preference for hemp-based building materials in construction projects. It also updates retail sales hours for cannabis and tobacco products, prohibiting sales before 10 AM or after 6 PM on Sundays and before 8 AM or after 10 PM on other days. Packaging regulations would also be revised to prevent products from resembling commercially available food items or appealing to individuals under 21.

If enacted, HB 7178 would take effect on July 1, 2025, with tax-related provisions starting January 1, 2026. A public hearing on the bill is scheduled for March 19, 2025.

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Massachusetts: Proposed Bill Would Regulate THC-Infused Beverages Like Alcohol

Massachusetts lawmakers were considering H.357 and S.222, which would establish a regulatory framework for THC-infused beverages under the oversight of the Alcoholic Beverages Control Commission (ABCC). The bills would require specific licensing for businesses involved in the production, distribution, or sale of THC beverages.

The proposed regulations include strict testing and labeling requirements, requiring independent lab testing and QR codes linking to lab results. Packaging must also include warnings about impairment, drug testing risks, and age restrictions. The bill sets a 5mg THC cap per container, aligning with existing cannabis product limits in the state.

The bill proposes an excise tax of $2.20 per gallon on THC beverages to fund enforcement and education, with revenues allocated to public health programs and regulatory enforcement. Online and mail-order sales would be prohibited, and age verification would be required at the point of sale.

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Minnesota: Bills Seek to Increase THC Limits for Infused Beverages

Minnesota lawmakers were considering HF 1615 and SF 2370, which would increase the allowable THC content in infused beverages to 10mg per serving, compared to the current 5mg limit on other edible cannabinoid products. Beverage containers could also hold up to two servings, doubling the previous cap.

The bills maintain strict packaging, labeling, and testing requirements, mandating child-resistant and tamper-evident packaging and detailed cannabinoid content disclosures. Retailers must also ensure compliance with the state’s ban on artificially derived cannabinoids, such as THC-P and THC-O, unless specifically authorized.

If passed, the legislation would create consistent THC regulations across beverage and edible cannabis products, providing clearer guidelines for manufacturers and retailers.

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New Jersey: New Law Establishes Strict Oversight for THC-Infused Beverages

In September 2024, Governor Phil Murphy signed S3235, placing THC-infused beverages under the oversight of the Cannabis Regulatory Commission (CRC). The law requires that these beverages be sold only by licensed cannabis retailers or approved liquor stores.

The law defines “intoxicating hemp beverages” as drinks containing more than 0.5mg of THC per serving or 2.5mg per package. Retailers must store these products in restricted-access areas, and sales are subject to the state’s cannabis sales tax and any local cannabis-related taxes.

The CRC will establish packaging, potency limits, and point-of-sale regulations, with penalties for unlicensed sales. The law ensures compliance, enhances consumer safety, and generates tax revenue.

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Pennsylvania: Regulating the Sale of THC-Infused Beverages

Pennsylvania State Representative Steven Malagari is spearheading an effort to regulate THC-infused beverages, which operate in a legal gray area in the Commonwealth. The proposed legislation would integrate these beverages into the state’s three-tier alcohol distribution system, ensuring they are sold through licensed wholesalers and retailers.

The bill includes mandatory product testing for contaminants and clear labeling requirements for THC potency and ingredients. The goal is to provide regulatory clarity for businesses while ensuring consumer safety. The bill’s text had not yet been formally introduced.

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Rhode Island: Proposed Bill Would Establish Licensing for THC-Infused Beverages

Rhode Island lawmakers were considering HB 6056, the Rhode Island Hemp THC-Infused Beverage Act, which would regulate the sale of THC-infused beverages through a licensing system. The bill was under review in the House Corporations Committee.

If enacted, the law would require liquor retailers, cannabis retailers, and wholesalers to obtain a special “infused beverage endorsement” from the Department of Business Regulation. The bill would establish a THC limit of 5 mg per serving and 10mg per container, aligning with other states’ THC beverage regulations.

The proposed legislation also includes labeling requirements to ensure transparency, including manufacturer details, independent lab testing information, and clear THC content disclosures. Like alcohol, THC-infused beverages would be restricted to consumers 21 and older, with sales prohibited to minors. Businesses selling these products would be required to pay an excise tax of $3.30 per gallon, generating revenue for the state.

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