Are THC Drinks Legal in California? (2026)
As of November 12, 2026, hemp-derived delta-9 THC drinks are legal to sell at retail with restrictions in California.
Verified November 12, 2026 · confidence: confirmedAre THC drinks legal? Every state
- Tier
- schedule i
What the record says
California Health and Safety Code section 111921.1 requires raw industrial hemp extract added to a beverage to consist of CBD or CBN isolate above 99 percent purity and contain no tetrahydrocannabinols or synthetic cannabinoids. Section 26070.2 also prohibits alcoholic beverages containing cannabinoids. These rules restrict hemp-derived delta-9 THC beverages; cannabis products follow a separate framework.
Controlling language, verbatim
Industrial hemp raw extract shall not be incorporated into food, food additives, beverages, or dietary supplements unless it meets both of the following: (a) The raw extract is comprised of cannabidiol (CBD) or cannabinol (CBN) isolate with a purity level greater than 99 percent. (b) The raw extract does not contain any tetrahydrocannabinols or synthetic cannabinoids.
Citations
- Assembly Bill 8 (Aguiar-Curry), Chapter 248, Statutes of 2025 -- amending Bus. & Prof. Code Sec. 26070.2, 26080, 26100, 26003 and Health & Safety Code Sec. 111920 et seq. (California State Legislature, 2026-07-18) PRIMARYOFFICIAL
- DPH-24-005E -- Emergency Regulations for Serving Size, Age, and Intoxicating Cannabinoids for Industrial Hemp (California Department of Public Health, 2026-07-18) PRIMARYOFFICIAL
- Cal. Health & Safety Code 111921.1 PRIMARYOFFICIAL
Federal
Federally restricted. Hemp delta-9 THC beverage - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026 Federal detail
THC drinks across the country
Neighboring states
- THC drinks in Arizona Illegal
- THC drinks in Nevada Restricted
- THC drinks in Oregon Restricted
Related
- Delta-9 THC in California: every form
- THC ban in California
- Every compound in California
- THC drink brands on file (5)
Cite this page
Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.
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