Is THC-Infused Alcohol Legal?

The interest in THC-infused products has been on the rise ever since the legalization of cannabis for recreational use. With so many available infused products on the market, the growing curiosity has now spread to alcohol. But, is THC-infused alcohol legal?

It was natural that people would try combining the two most popular relaxation methods. That’s why we decided to explore the infusion of THC with alcohol in this article. 

Source: shutterstock.com / Photo Contributor: Natali Ximich

Is THC-Infused Alcohol Legal?

As with any cannabis-infused product, alcohol must contain less than 0.3% THC to be legal. So, THC-infused alcohol will not get you high, but it will get you drunk. Due to the increased demand and popularity of infused alcohol, many cannabis brands started putting out their own products.

However, large-scale production requires sophisticated technology like ours to streamline the process. Technology also allows for precise and balanced infusion ratios across each product. 

Ensuring each product has below 0.3% THC means they are labeled as hemp products, which is what makes them legal. To purchase and consume THC-infused alcohol, you must be 21 or older. 

But, we must mention that while on a federal level, infused products may be legal, state laws vary. Before you buy one, check your state's laws to ensure you're not breaking any of them.

THC-Infused Alcohol

The infusion of THC in alcohol is a precise process that requires the utmost care and attention to detail. Manufacturers incorporate different techniques and procedures to achieve desired and unique results. 

The infusion process

You may infuse alcohol either by steeping hemp or with manufacturer-specific techniques. The steeping method is commonly utilized in homemade THC-infused alcohol. 

Steeping

With the steeping method, the cannabis flowers or concentrates are put directly in the alcohol. This exposes the alcohol to the cannabinoids and allows them to infuse the liquid over a set period. 

Depending on the results they aim to achieve, some manufacturers may steep their cannabis for shorter or longer periods. A shorter steeping time leads to a more delicate product. In contrast, a longer steeping period leads to a more potent product with a pronounced flavor, smell, and terpene profile. 

Steeping requires specialized expertise to ensure the end product meets regulatory laws. 

Manufacturer-specific techniques

Some manufacturers use different state-of-the-art techniques to make THC-infused alcohol. With these kinds of techniques, the process begins by isolating the THC and CBD cannabinoids. 

After isolating the compounds, the manufacturers extract them from the cannabis plant. With the THC and CBD removed, the manufacturers carefully mix them into the alcohol for an even distribution. 

THC and CBD infusion in alcohol

Tetrahydrocannabinol (THC) and cannabidiol (CBD) are two cannabis compounds that can be added to alcohol to increase its intoxicating power. 

These chemicals have unique physiological interactions that have the potential to alter the effects of alcohol use and produce entirely new experiences.

The chemical components of cannabis, known as cannabinoids, interact with alcohol in a variety of complex ways. When combined, cannabis and alcohol have the potential to interact and produce effects on the body and mind.

THC infusion

THC-infused alcohol may offer more intoxicating effects. Both alcohol and THC have the potential to induce psychoactive effects in the consumer but through different mechanisms. 

Users of cannabis feel the euphoria and altered perception that are typical of cannabis usage.

In contrast, alcohol primarily affects the central nervous system (CNS) by increasing the action of the neurotransmitter gamma-aminobutyric acid (GABA), which may promote relaxation and drowsiness.

When alcohol and cannabis are consumed together, their effects can be amplified and changed. The combined activation of GABA and THC receptors may result in an enhanced sedative impact that causes increased drowsiness.

CBD infusion

So, if THC-infused alcohol is legal, you may wonder, are CBD-infused drinks legal as well? CBD-infused drinks are legal because, unlike THC, CBD doesn’t have psychoactive effects. 

CBD's effects are milder and may cause relaxation in your body instead of affecting your mind.

Source: shutterstock.com / Photo Contributor: Natali Ximich

Legal Framework and Regulations

Federal regulations surrounding alcohol and cannabis

Federally, according to a new statute, cannabis with 0.3% THC or less is considered hemp. This federal statute legally declassifies hemp as a Schedule I drug substance. On the other hand, cannabis with more than 0.3% THC is marijuana.

This means that all THC-infused products, as long as they are below the limit, are legal. But, while legal on a federal level, different states have different laws. In some states, marijuana is legal for medical and recreational use, while in others, it is legal only for medical use.

You should check your state's laws regarding cannabis use before purchasing THC-infused alcohol. If your state only allows cannabis for medical use, you may get in legal trouble.

Variations in legality 

Generally, each state has its own legal framework in place regarding the production, distribution, and consumption of cannabis products. The regulatory framework governing THC-infused products in states where it's only partially legal can be pretty complex. 

In the states where cannabis is only legal for medical purposes, THC-infused products are sold through licensed dispensaries. The licensed dispensaries may only sell to people within an age limit and who meet specific requirements to access cannabis products. 

Moreover, states with legalized cannabis have stricter rules regarding the manufacturing and selling of infused products. Manufacturers should do the following:

• Obtain necessary licenses and permits

• Implement specific manufacturing practices and procedures

• Follow predetermined quality control standards

• Implement precise labeling and packaging

States with legal THC beverages

In the United States, recreational use of cannabis is legal in 24 states, three U.S. territories, and Washington D.C. Plus, 38 states have legalized medical use of cannabis for medical recommendation.

The following states have legal THC beverages.

Arizona 

Recreational use of cannabis in Arizona was legalized in 2020. This decision came after its decade-long successful program of medical use. 

California

California was the first U.S. state to legalize medical marijuana in 1996 and for recreational use in 2016. In California, you'll find all kinds of THC-infused products, among which alcohol.

Colorado 

Another state where cannabis is legal for both medical and recreational use is Colorado. Colorado, besides California, is another state that has significantly grown its reputation on the market for quality THC drinks and other cannabis products. 

Maine 

Maine has also been among the first states to legalize cannabis for recreational use in 2016. Although the market is not as developed as in California, Maine offers quality THC-infused beverages.

Maryland 

The state decriminalized cannabis in 2014 and legalized it for recreational use in 2022. Maryland is among the newest states to allow recreational and medical use of marijuana.

Massachusetts 

Medical use of cannabis in Massachusetts was first legalized in 2012 and for recreational use in 2016. 

Michigan

Michigan legalized medical cannabis in 2008 and recreational in 2018. The state allows cannabis for recreational use up to an amount of 12 plants per household. 

Missouri 

The state of Missouri decriminalized CBD in 2014, and in 2018, it legalized medical cannabis. Missouri is also one of the newest states to legalize recreational cannabis as of 2022. Now, people can buy THC-infused beverages in dispensaries anytime they want.

Montana 

In Montana, cannabis has been legal for both medical and recreational use since 2020. The state allows the use of up to the amount of four plants per household. 

Nevada

Nevada first legalized the medical use of marijuana in 2000 and for recreational use in 2016. 

New Mexico 

In New Mexico, cannabis for medical use was legalized in 2007, and the state signed legislation to decriminalize cannabis in 2019. For recreational use, New Mexico legalized cannabis in 2021, with commercial sales beginning in 2022.

New York 

New York legalized medical marijuana in 2014, allowing pills, oils, edibles, and vapes but not smoking. The state fully legalized cannabis for recreational and medical use in 2021. 

Oregon 

In 1973, Oregon became the first U.S. state to decriminalize cannabis. The state legalized recreational cannabis in 2014 and approved the possession and sale of set amounts. 

Rhode Island 

Rhode Island fully legalized cannabis for both medical and recreational use in 2022. 

Vermont 

In Vermont, medicinal cannabis was first legalized in 2004, while for recreational use, the state legalized cannabis in 2018.

Washington D.C.

Washington, D.C., was the first U.S. state, four days before Colorado, to legalize recreational cannabis in 2012, following the passage of Amendment 64 and Initiative 502. 

Recent Developments and Challenges

THC-infused products manufacturers face a lot of difficulty when it comes to producing and distributing them across state lines. This is because of the different regulations and laws. 

They must ensure their THC-infused products are within the legal parameters, or they risk losing their production license. Navigating the different state laws and regulatory frameworks requires expert knowledge and dedication.

Source: shutterstock.com / Photo Contributor: Mike Fig Photo

Conclusion

So, is THC-infused alcohol legal? The answer is yes, as long as the THC amount is 0.3% or less. This amount is permissible on a federal level. But, it is important to remember that the legality varies by state law. Some states have stricter laws regarding THC-infused products, while others do not allow them at all.