Are Restaurants Allowed to Sell THC Drinks?
Can restaurants sell THC-infused beverages? You’ve probably asked yourself this question before. Well, it’s one that is far from simple. After all, it lies at the intersection of evolving federal laws, shifting state regulations, and cautious enforcement. As of mid-2025, the legal landscape resembles a patchwork. It is inconsistent, varying drastically by state and often mired in gray areas.
Federal Frameworks and Loopholes
At the federal level, the 2018 Farm Bill declassified industrial hemp (cannabis with ≤ 0.3% THC by dry weight) as a controlled substance. This opened a loophole in the THC-infused drinks industry. Under this provision, hemp-derived THC beverageswith THC levels below that threshold are technically legal. Producers have exploited this by formulating low-dose drinks or using alternative cannabinoids like THC, which aren’t capped by that law.
However, the FDA maintains that adding THC or CBD to food or beverages is unlawful. The agency has targeted various manufacturers with warning letters, particularly over misleading health claims.
Thus, this brings about quite the conundrum. On the one hand, the Farm Bill enables hemp-derived THC products to enter the market. But on the other hand, the FDA’s stance limits its broader integration, especially into food service channels, such as restaurants.
State-by-State Regulations; No One-Size-Fits-All
States have responded with a broad spectrum of rules. Here aresome pivotal examples to illustrate this complexity;
In Minnesota, for instance, retail sale of low-dose THC drinks in liquor stores, restaurants, and bars under a clear regulatory framework is allowed.
In California, recreational cannabis is legal. But the state has banned intoxicating hemp products with detectable THC in establishments holding alcohol licenses. Enforcement is ongoing, with license revocations for noncompliance
Massachusetts mirrors California’s strict approach; both hemp-derived THC and CBD foods/beverages are prohibited from sale in licensed venues.
In New York, bars and restaurants cannot sell or serve THC beverages derived from cannabis. Only licensed hemp retailers may sell compliant hemp drinks. But this is not allowed for on-premises alcohol venues.
Kentucky’s recent laws forbid restaurants and bars from selling cannabis-infused drinks. A five-milligram THC cap per drink exists, and future regulations (administered by the state alcohol board) are expected by mid-2026.
In Connecticut, since July 1, 2024, only licensed cannabis retailers and package stores with special waivers may sell THC beverages. Restaurants and general retailers are excluded.
In Alabama Gov. Ivey signed a law in May 2025 regulating hemp-derived THC products. Drinks are allowed in grocery stores with certain display restrictions. THC per serving is capped at 10 mg, and purchasers must be 21+. Restaurants are not explicitly permitted to sell these drinks, and oversight lies with the Alcoholic Beverage Control Board.
Tennessee & Alabama (ongoing regulatory development)have new bills aiming to restrict sales to licensed hemp or alcohol frameworks. Alabama prohibits on-premise consumption; Tennessee allows restaurant/bar sales underregulated licensing.
Rhode Island is debating two proposals, one that permits hemp THC drinks in bars and restaurants under licensing, and another that would ban them outright.
Key Takeaways for Restaurants
If you are a restaurant owner considering starting to sell THC drinks, here are some things to keep in mind.
No universal legality – Restaurant sale of THC beverages depends entirely on state laws. And as it turns out, those laws differ dramatically.
Permissive States Only – In states like Minnesota, regulations allow restaurants to sell these beverages (within THC limits). In most other states, it’s either forbidden or requires specific licensing frameworks.
Licensing is critical – Where sales are permitted, restaurants may need specialized hemp or alcohol-based licenses, waivers, or to align with regulatory bodies like Alcoholic Beverage Control agencies.
Stay legally informed – States continue to evolve; Kentucky, Tennessee, Alabama, Rhode Island, and others are actively debating or implementing new regulations. Restaurants need to stay up-to-date.
Exercise caution – Beyond legality, there’s responsibility. Selling THC in restaurants might be legal in your state. However, ensuring proper labeling, dosage awareness, and consumer safety is vital. If you are sourcing drinks from a responsible brand, like Little Rick, that shares all the crucial information clearly, it becomes way easier.
Health Risks and Consumer Awareness
Most consumers view THC drinks as a healthier alternative to alcohol. And for the most part, they are indeed healthier, more practical, and socially suitable options. However, experts warn of some potential risks.
As it turns out, most of these risks result from overdosing, which can happen quite easily. THC drinks can take a few minutes to kick in. So, if there are any instances of poor labeling and a lack of dosage clarity, the risk of overdose can increase exponentially.
Consumer education around onset times and potency remains an important aspect to ensure responsible use and minimize adverse experiences.
Bottom line, as of August 2025, restaurants are not broadly allowed to sell THC-infused drinks across the U.S. The legal permissibility varies widely, but it mostly falls under three major categories. Allowed (with regulation/licensing), being debated, or outright prohibited or restricted.
In short, it’s not a matter of a uniform national policy but a mosaic of state-by-state rules. And to add to the conundrum, this is often interspersed with federal restrictions from the FDA. Restaurants exploring THC beverage offerings must navigate a complex legal patchwork. Securing proper licensing and ensuring compliance with both alcohol and hemp laws is crucial to ensure smooth operations.
