Understanding THC Legalities: What You Need to Know

Pierce Wylie

THC (tetrahydrocannabinol) is the natural compound in cannabis that creates a euphoric "high" feeling. It's the most well-known of many cannabinoids found in the cannabis plant. For decades, all forms of THC were strictly illegal under federal law, but significant changes over the past few years have shifted the landscape.

The legal status of THC products can be confusing. Federal laws, state regulations, and different product types create a situation that isn't always straightforward to understand. What's legal in one state might not be in another. Even more interesting, some THC products like seltzers, gummies, and tinctures can be federally legal while other similar products remain prohibited under the same federal law.

Let's break down the current legal landscape of THC products in plain language—what's legal, what's not, and what you should know before buying or consuming THC beverages, edibles, and other products.

The Legal Distinction: Hemp vs. Marijuana

Here's what you need to know about the legal difference between hemp and marijuana:

  • Hemp: Cannabis with no more than 0.3% Delta-9 THC by dry weight—federally legal since the 2018 Farm Bill.

  • Marijuana: Cannabis with more than 0.3% Delta-9 THC—still federally illegal, though legal in many states for medical or recreational use.

This distinction matters for THC drinks because it determines which products can cross state lines and be sold nationwide. Hemp-derived seltzers stay under that 0.3% threshold while still delivering the good vibes you're looking for. The law couldn't care less what the plant looks like—it's all about hitting that magic 0.3% number. That's how we get legal THC beverages from the plant Cannabis sativa that can be sold legally nationwide, giving you the same enjoyable buzz without legal headaches.

The 2018 Farm Bill and Its Impact

The 2018 Farm Bill changed the game for cannabis in the US. Here's what it did:

  • Removed hemp (cannabis with less than 0.3% Delta-9 THC) from the Controlled Substances Act

  • Made hemp and hemp derivatives federally legal

  • Created a framework for legal hemp farming through USDA-approved programs

  • Kept FDA authority over hemp in foods, supplements, and drugs

Before this bill, all cannabis was treated the same—completely illegal federally. Now, hemp is distinguished from marijuana, opening up a world of possibilities for hemp-derived products, including THC beverages.

While the bill legalized hemp as a plant, it didn't automatically legalize every product made from hemp. The FDA still oversees how hemp compounds can be used in consumable products. This creates some gray areas in the market, particularly for certain types of products. The legislation applies to all hemp-derived products that meet the THC threshold requirement, from beverages and edibles to tinctures and vaping products.

What's still prohibited? Marijuana (high-THC cannabis) remains federally illegal, though many states have legalized it for medical and/or recreational use. States like Michigan, Colorado, and Ohio have their own laws allowing recreational marijuana, regardless of federal prohibition. And while hemp is federally legal, products made with its compounds still need to follow other applicable regulations.

Curious about THC drinks and how they compare to alcohol? Learn about the key differences in effects, experience, and the morning after between these two social options.

State-by-State Variations in THC Laws

As we just explored, Delta-9 THC derived from hemp is federally legal in all 50 states under the 2018 Farm Bill as long as it contains less than 0.3% THC by dry weight. This federal legality applies to properly formulated THC beverages and other hemp-derived products nationwide.

While states have the authority to create their own regulations, hemp-derived THC drinks that comply with federal standards can generally be purchased and shipped across state lines. Most states have embraced these products, recognizing their legal status under federal law.

Some states may have their own age verification requirements or specific rules about where these products can be sold in person, but these typically don't affect your ability to order compliant products online and have them shipped to your home.

The bottom line? Hemp-derived THC beverages that follow federal guidelines are accessible throughout the country. It's always good to be aware of your local regulations, but federal law has created a clear pathway for these products nationwide.

Legal Considerations for Consumers

Even though hemp-derived THC products are legal, there are still a few things worth keeping in mind:

  • Age Requirements: Like alcohol, hemp-derived THC products are meant for adults 21 and older in most places. Pretty simple stuff—if you can buy a beer, you can buy a THC seltzer.

  • Responsible Use: THC affects everyone differently, and it can impact your ability to drive or operate machinery. So enjoy your beverages in the right settings—at home, at a friend's place, or anywhere you're not getting behind the wheel afterward. Just like you wouldn't drink and drive, don't sip and drive, either.

  • Drug Testing Awareness: Here's something to know—standard drug tests typically don't distinguish between different sources of THC. They just detect THC, period. This matters if you're subject to testing for:

  • Your job

  • Sports competitions

  • Military duties

For most people, these considerations are pretty straightforward. Enjoy your THC drinks responsibly, know how they affect you personally (start low if you're new to this), and make choices that fit your life situation.

Meet the Rebels Behind Your Favorite THC Seltzers

Founded in 2021 in Greenville, South Carolina, Rebel Rabbit was born when founders Pierce and Billy found themselves at a party facing the all-too-familiar social pressure around drinking. They asked a simple question: why is alcohol the only option for social occasions?

That night sparked a mission to create an alternative that delivers good vibes without the downsides of alcohol. Rebel Rabbit crafts cannabis-infused seltzers that give you a fun, euphoric buzz without the hangover that follows a night of drinking.

Our hemp-derived Delta-9 THC seltzers come in different strengths to match your vibe:

All Rebel Rabbit products are made with just a few natural ingredients: organic flavoring, real cane sugar, citric acid, and legally compliant hemp-derived THC. We don't use artificial sweeteners or a bunch of preservatives you can't pronounce. And unlike synthetic cannabinoids that are artificially created in labs, Rebel Rabbit uses only naturally derived cannabinoids from hemp plants.

We're creating a culture free of social pressure and judgment around drinking. Whether you're seeking sobriety, avoiding hangovers, or simply wanting more choices beyond alcohol—we believe in a world where "you do you" is more than just a saying.

Frequently Asked Questions

Is hemp-derived Delta-9 THC legal?

Yes, hemp-derived Delta-9 THC is federally legal in all 50 states under the 2018 Farm Bill, as long as the product contains less than 0.3% Delta-9 THC by dry weight. This federal legality applies to properly formulated THC beverages and other hemp products regardless of their effects.

What's the difference between hemp and marijuana?

Hemp and marijuana are both cannabis plants, but hemp legally contains no more than 0.3% Delta-9 THC by dry weight, while marijuana contains more. This distinction was established by the 2018 Farm Bill and determines whether cannabis products are federally legal or remain controlled substances.

Will I pass a drug test if I use legal hemp-derived THC products?

Most drug tests can't distinguish between legal hemp-derived THC and marijuana-derived THC, so consuming legal hemp products with THC can result in a positive test. Standard employment, athletic, and military drug screenings detect THC metabolites regardless of their source.

Can I order hemp-derived THC beverages online?

Yes, you can order hemp-derived THC beverages online and have them shipped throughout the United States. These products are federally legal under the 2018 Farm Bill, and while states have their own regulations, properly formulated hemp-derived THC drinks can generally be purchased and shipped across state lines.

How long do the effects of Rebel Rabbit seltzers last?

Rebel Rabbit seltzers have a rapid onset of 15-20 minutes and typically provide effects lasting 2-3 hours. This quicker timeline differs from traditional edibles, which can last 5-6 hours. This gives you more control over your experience and allows you to adjust your dosage based on how you're feeling.

 

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