A National Review of State Regulation of Hemp-Derived CBD and THC Beverages in the United States

Katherin Sanchez, BS
University of Central Florida

Co-authors: Karina Villalba¹, Jennifer Attonito¹, Brandon Zamora^1
1University of Central Florida

Background: After the passage of the 2018 Agriculture Improvement Act (Farm Bill), Hemp-derived cannabidiol (CBD) and tetrahydrocannabinol (THC) beverages consumption has grown exponentially. While the Farm Bill legalized hemp containing no more than 0.3% delta-9 THC by dry weight, it did not establish a comprehensive regulatory framework for hemp-derived cannabinoid beverages. Consequently, individual states have each implemented their own legislative approaches, resulting in variability in product regulation, consumer access, and public health protections.

Objectives: This study aimed to examine and compare state-level legislation governing hemp-derived CBD and THC beverages across the United States and evaluate how state policies align with or diverge from the current federal regulatory landscape.

Methods: A comprehensive review of publicly available state statutes, administrative regulations, and agency guidance was conducted for all 50 states and the District of Columbia. Legislative data was collected on key regulatory domains, including product legality, THC concentration limits, age restrictions and licensing requirements. States were categorized according to the overall restrictiveness of their regulatory frameworks to identify patterns and regional differences in policy implementation.

Results: Preliminary findings indicate substantial differences in the regulation of hemp-derived cannabinoid beverages across the United States. Some states have adopted comprehensive regulatory frameworks that include age restrictions, detailed labeling requirements, and licensing standards, whereas others maintain limited oversight or prohibit certain hemp-derived THC products entirely.  Differences in regulatory requirements create inconsistencies in product availability, quality assurance, and consumer protections, contributing to a fragmented national marketplace.

Conclusion: The current regulatory landscape for hemp-derived CBD and THC beverages is characterized by significant state-to-state variation in the absence of uniform federal oversight. These findings highlight a significant issue in the marketplace and the need for more uniform regulations among states which will provide security and protection for consumers. A recently amended federal definition of hemp, effective November 12, 2026, will replace the previous delta-9 THC threshold with a total THC standard and establish new restrictions on hemp-derived cannabinoid products, signaling a major shift toward tighter federal regulation of the cannabis beverage market. Continued evaluation of evolving cannabinoid legislation will be essential as the market for hemp-derived beverages continues to expand.