The rise of THC-infused beverages has transformed the beverage industry, offering consumers a novel alternative to alcohol with effects ranging from relaxation to a mild buzz. However, shipping these products—whether hemp-derived or cannabis-based—presents a complex web of legal, regulatory, and logistical challenges. This blog post explores the intricacies of shipping THC beverages in the United States, covering legal frameworks, state variations, carrier policies, packaging requirements, and best practices for businesses and consumers.
The Legal Framework: The 2018 Farm Bill and Beyond
The cornerstone of THC beverage shipping regulations is the 2018 Farm Bill, which legalized hemp and its derivatives containing no more than 0.3% delta-9 THC on a dry weight basis, removing them from the Controlled Substances Act’s definition of marijuana. This legislation enables the production, sale, and transport of hemp-derived THC beverages, provided they meet this THC threshold. Unlike marijuana, which remains a Schedule I controlled substance under federal law, hemp-derived products can be shipped across state lines if compliant with federal and state regulations.
However, the legal landscape is far from uniform. While the federal government permits hemp-derived THC beverages, state laws vary significantly, creating a patchwork of regulations that businesses must navigate. Some states embrace these products, while others impose strict restrictions or outright bans, particularly for beverages containing detectable THC levels. Additionally, the Food and Drug Administration (FDA) regulates hemp-derived foods and beverages under the Food, Drug, and Cosmetics Act (FDCA), prohibiting the addition of THC or CBD to food products, though enforcement has been limited.
State-Specific Regulations
The legality of shipping THC beverages depends heavily on the origin and destination states. As of July 2025, 43 states (including AK, AL, AR, AZ, CA, CT, DC, DE, FL, HI, IA, IL, IN, KY, LA, MA, ME, MI, MN, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, SC, SD, TN, TX, VA, VT, WA, WI, WV, WY) have legalized the sale and distribution of hemp-derived CBD and THC products, including beverages, provided they adhere to the 0.3% THC limit. However, states like Arkansas, Hawaii, Minnesota, Nevada, Oregon, Rhode Island, and Vermont have imposed restrictions or bans on shipping certain hemp-derived cannabinoids, such as THCA, which can convert to THC when heated.
Recent state actions highlight this variability:
• California: The Department of Alcoholic Beverage Control (ABC) prohibits alcohol-licensed businesses from selling hemp beverages with detectable THC, citing health and regulatory concerns.
• Massachusetts: The Alcoholic Beverages Control Commission (ABCC) bans the sale of THC or CBD-infused beverages, requiring immediate removal from shelves.
• Missouri: An August 2024 executive order initially banned intoxicating hemp products but was later scaled back to focus on misbranded products.
• New Jersey: A 2024 law bans unlicensed sales of hemp products exceeding 0.3% THC, requiring regulation by the New Jersey Cannabis Regulatory Commission.
• South Carolina: The Department of Health and Environmental Control (DHEC) restricts labeling references to THC or CBD, complicating marketing efforts.
Businesses must research both origin and destination state laws to ensure compliance, as shipping to or from a state with restrictive regulations can lead to seizures or penalties.
Carrier Policies: USPS, UPS, and FedEx
Major shipping carriers—USPS, UPS, and FedEx—permit the transport of hemp-derived THC beverages under strict conditions, but their policies differ:
• USPS: Allows shipping of hemp products with less than 0.3% THC, requiring compliance with federal, state, and local laws. Businesses must provide documentation, such as a Certificate of Analysis (COA), verifying THC content.
• UPS: Permits hemp-derived products but prohibits shipments from businesses.
• FedEx: Similar to UPS, FedEx allows hemp-derived products under 0.3% THC but has stricter policies, often requiring additional compliance measures.
Non-compliance, such as shipping marijuana-based products or exceeding THC limits, can result in shipment disposal or legal consequences. Businesses must maintain rigorous documentation and ensure products are sourced from licensed hemp producers.
Packaging and Labeling Requirements
Proper packaging and labeling are critical for legal and safe shipping:
• THC Content: Products must clearly state THC levels (below 0.3% for hemp-derived beverages) and include a COA to verify compliance.
• Labeling: Labels must include THC and CBD content, ingredients, dosage instructions, and age restrictions (typically 21+). State-specific labeling rules vary, so businesses must tailor packaging accordingly.
• Packaging: Use specialized shipping boxes for made for beverage cans. This will reduce the amount of damage, and keep the cans safe during shipping. We offer shipping boxes for 12oz standard cans, shipping boxes for 12oz sleek cans as well as shipping boxes for 16oz beverage cans.
Logistical Considerations
Shipping THC beverages involves more than legal compliance; logistics play a significant role:
• Direct-to-Consumer (DTC) Shipping: Many hemp beverage companies like Nowadays, Happi, Cann, Keef, Wynk, Lolli Soda, and Drinkin' Buds offer DTC shipping to compliant states, leveraging carriers like USPS, UPS, or FedEx.
• Specialized Logistics: Freight companies like Brew Movers provide tailored craft beverage shipping services, including cold chain technology and compliance support.
• Tracking and Insurance: Use tracking numbers and purchase insurance for high-value shipments to mitigate risks of loss or delay.
• Terminal Handling Charges (THC): For international or large-scale shipments, be aware of Terminal Handling Charges (THC), which cover port services like loading, unloading, and storage. These vary by port and container size, impacting overall costs.
Best Practices for Businesses and Consumers
To ship THC beverages successfully:
1. Verify Compliance: Ensure products meet the 0.3% THC threshold and comply with federal and state laws. Obtain COAs from suppliers and keep records.
2. Research State Laws: Check regulations for both origin and destination states to avoid legal issues.
3. Choose Reliable Carriers: Use USPS, UPS, or FedEx, adhering to their specific hemp shipping policies.
4. Educate Consumers: Clearly communicate dosage (e.g., 2–10 mg THC per serving) and effects to avoid misuse, especially for inexperienced users.
5. Stay Updated: Monitor evolving regulations, as the 2024 Farm Bill renewal could alter hemp policies, potentially tightening or loosening restrictions.
6. Partner with Experts: Work with reliable shipping companies, and use reliable beverage shipping boxes like Whale Pod.
Challenges and Opportunities
The THC beverage market is booming, with sales projected to reach $571 million in 2025 and potentially $4 billion by 2028. However, challenges persist:
• Regulatory Uncertainty: The FDA’s stance on THC in food and beverages remains prohibitive, and state bans or restrictions can disrupt operations.
• Consumer Safety: High-potency beverages (e.g., 50–100 mg THC) pose risks of overconsumption, particularly for novices, necessitating clear labeling and education.
• Insurance and Liability: Businesses face unique risks, as standard insurance may not cover hemp products, requiring specialized coverage.
Despite these hurdles, opportunities abound. The “California sober” trend—favoring cannabis over alcohol—fuels demand, with brands like BRĒZ and Choom reporting significant growth in 2025. Retailers like Total Wine and Top Ten Liquors are increasingly stocking THC beverages, reflecting mainstream acceptance.
Conclusion
Shipping THC beverages requires meticulous attention to federal and state regulations, carrier policies, and logistical details. The 2018 Farm Bill provides a federal framework, but state variations and evolving regulations demand vigilance. By ensuring compliance, using proper packaging (Whale Pod), and partnering with specialized logistics providers, businesses can capitalize on this growing market while minimizing risks. For consumers, understanding local laws and dosage guidelines ensures safe enjoyment of these innovative beverages. As the industry matures, staying informed and adaptable will be key to navigating this dynamic landscape.
Disclaimer: Always consult legal and regulatory authorities before shipping THC beverages, as laws vary by state and may change. This article is for informational purposes and does not constitute legal advice.
