Are THC Drinks Legal in Tennessee? (2026)

Are THC drinks legal? Every state

Tier

concentration cap

Limit

15 mg hemp-derived cannabinoids per serving (not more than 2 servings per container) (mg per serving)

Effective

2026-01-01

What the record says

Beverage HDCP: not more than fifteen (15) milligrams of hemp-derived cannabinoids per serving, not more than two (2) servings per container except as Sec. 57-7-110(f)(2) provides, containers not larger than 750 ml (kegs sold at wholesale for by-the-glass retail service excepted), and pull-tab, screw-top, cork-style, or resealable closures (Sec. 57-7-110(a)(2), (f)(1)-(2)); an HDCP mixed into beer or alcoholic beverages is prohibited (Sec. 57-7-110(d)). 2025 Public Chapter 526 (HB1376) deleted former Tenn. Code Ann. Title 43, Ch. 27, Part 2 (including former Sec. 43-27-209 and its 25 mg serving cap) and created Title 57, Ch. 7, under which the Tennessee Alcoholic Beverage Commission (TABC) licenses and regulates hemp-derived cannabinoid products (HDCPs) effective Jan. 1, 2026. Former Part 2 survives only for HDCP licenses the Dept. of Agriculture issued before the transition, until those licenses expire (PC 526 Section 10). Delta-9 THC counts as a hemp-derived cannabinoid in a product holding not more than 0.3 percent delta-9 THC on a dry weight basis (Sec. 57-7-102(3)(A)(ii)), and making or selling hemp or an HDCP with a total THC or total theoretical THC content above 0.3 percent is a Class A misdemeanor (Sec. 57-7-114(a)(1)). Statewide conditions: a license to manufacture, wholesale, or sell HDCPs (Sec. 57-7-103(a)(1)); proof of age and no sales to persons under 21 (Sec. 57-7-103(b)); child-resistant packaging and QR-code lab labeling (Sec. 57-7-110(a)(1)); no direct-to-consumer shipping or delivery (Sec. 57-7-113); no self-checkout or vending-machine sales; and a wholesale tax of 2 cents per milligram of hemp-derived cannabinoid, $50.00 per ounce of hemp flower, or $4.40 per gallon of liquid HDCP (Sec. 57-7-108). Text is read from the official Tennessee Secretary of State session-law PDF of Public Chapter 526.

Controlling language, verbatim

(f) Except as provided in subdivisions (a)(2)-(5), an ingestible HDCP containing a hemp-derived cannabinoid must not: (1) Be sold in a serving that contains more than fifteen (15) milligrams, in the aggregate, of one (1) or more hemp-derived cannabinoids; (2) If the HDCP is a hemp-derived cannabinoid beverage product, be sold: (A) Except as provided in this subdivision (f)(2), in a container that contains more than two (2) servings; (B) In a container with a volume greater than seven hundred fifty milliliters (750 ml), unless the container is a standard fifteen- and one-half gallon (15.5 gal.) keg container or a seven- and three-fourths gallon (7.75 gal.) keg container of HDCP beverage product for wholesale sale to a retail licensee only for retail sale in single servings by the glass; or (C) In a concentration greater than fifteen (15) milligrams of one (1) or more hemp-derived cannabinoids per serving, with the maximum amount of milligrams of hemp-derived cannabinoids per container calculated by multiplying the standard number of servings per type of container by fifteen (15) milligrams; ... SECTION 1. Tennessee Code Annotated, Title 43, Chapter 27, Part 2, is amended by deleting the part.

Source of excerpt

Citations

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 Alabama Restricted
• THC drinks in Arkansas Illegal
• THC drinks in Georgia Restricted
• THC drinks in Kentucky Restricted
• THC drinks in Mississippi Restricted
• THC drinks in Missouri Banned from December 11, 2026
• THC drinks in North Carolina Legal
• THC drinks in Virginia Restricted

Related

• Delta-9 THC in Tennessee: every form
• THC ban in Tennessee
• Every compound in Tennessee
• THC drink brands on file (5)

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