Understanding the Legality of THC Beverages

For retailers and consumers, here's the key point: THC beverages are federally legal as long as they meet two conditions:

  1. The THC must come from hemp plants and not marijuana plants.
  2. The products must contain <0.3% THC by dry weight.

The Legal Framework for Hemp-Derived THC Products

Hemp-derived THC products, including beverages, are legal under the same rules as CBD products. Why? The 2018 Farm Bill made hemp and all its derivatives (like BLACK MARKET) legal in the United States, as long as the the product contains less than 0.3% THC by dry weight. This is the reason you've seen CBD products in stores across the country—they come from legal hemp plants.

Why a 5mg Serving Size of BLACK MARKET is Legal

  • A single BLACK MARKET shot with 5mg is a 1.5-ounce serving.
  • 1.5 ounces equals about 42.5 grams.
  • 5mg of THC in 42.5 grams is about 0.012% THC by weight (5mg ÷ 425,000mg = 0.012%)
  • This is far below the legal limit of 0.3% THC by dry weight.

So, BLACK MARKET THC beverages fully comply with federal law.

References for Legal Context

  1. Hemp Beverage Alliance [ link ]
  2. 2018 Farm Bill (Agricultural Improvement Act of 2018) [ link ]
  3. Alcohol Law Advisor [ link ]
  4. News article on Axios.com [ link ]

No-Go Zones: States Banning THC Drink Distribution

Different states have created their own laws about THC drinks - some allow them while others have banned them.

Some states are particularly concerned about these drinks competing with their licensed marijuana industries or posing safety risks.

States that have banned or heavily restricted THC beverages include:

  • Alaska (AK)
  • Connecticut (CT)
  • Iowa (IA)
  • Idaho (ID)
  • Maryland (MD)
  • Montana (MT)
  • Oregon (OR)
  • Washington (WA)
  • District of Columbia (DC)
  • Arizona

References for Puerto Rico

BLACK MARKET has obtained specific import licenses and product testing qualifications for distribution throughout Puerto Rico for legal resale. Our registered company for import is Black Pool, LLC and our office can be found at:

Escorial Shopping Village, Shop #16
Carolina, PR 00987

The following are copies of the certificates for your records:

  • Licencia Comercial de Cáñamo [ link ]
  • ADEA Identificación del producto [ link ]