CBD restore drinks are not legal in exactly the same way in every U.S. state, even though they may look “everywhere” on store shelves and online. Their status depends on a mix of federal rules and a patchwork of state-level regulations that treat CBD in food and beverages very differently.

At the federal level, hemp-derived CBD became legal when Congress passed the 2018 Farm Bill, which removed hemp (cannabis with no more than 0.3% delta-9 THC by dry weight) from the Controlled Substances Act. This opened the door for CBD products, including drinks, to be manufactured and sold across the country—at least in theory.

However, the U.S. Food and Drug Administration (FDA) has repeatedly stated that CBD is not currently allowed as an ingredient in conventional foods or dietary supplements, because it is the active ingredient in an approved prescription drug (Epidiolex). In 2023, the agency concluded that existing food and supplement frameworks are not appropriate for CBD and called for a new regulatory pathway from Congress. That means CBD restore drinks exist in a regulatory gray zone: federally legal as hemp products, but not formally approved as beverages under FDA rules.

On top of that, state laws add another layer of complexity. The Centers for Disease Control and Prevention notes that while hemp was legalized federally, a few states have not removed hemp from their own controlled substances lists, so the legality of CBD products—including drinks—still differs across states. Recent state-by-state analyses confirm that hemp-derived CBD with less than 0.3% THC is widely permitted, but not uniformly regulated; some states treat CBD as fully legal, others limit it to medical use or tightly controlled markets.

When it comes specifically to beverages, many states have adopted separate rules for hemp drinks, especially where products might contain low doses of THC along with CBD. Legal reviews show that dozens of states now explicitly regulate or restrict hemp-derived cannabinoid beverages, with some allowing retail sales, others capping THC content, and several banning certain hemp drinks outright. These policies are often motivated by concerns over youth access, product potency, and accidental overconsumption.

Enforcement is also uneven. The FDA periodically issues warning letters to companies selling CBD foods and beverages, focusing on unproven health claims, mislabeling, or safety risks, and has signaled it will keep working with state regulators to address problematic products. In practice, many CBD restore drinks remain on the market, but brands and retailers operate with some legal risk, especially if products cross state lines or make aggressive wellness claims.

For consumers, the takeaway is that CBD restore drinks are generally accessible in much of the U.S., but they are not uniformly legal or regulated in every state. Anyone buying or traveling with these products should:

• Verify that the drink is hemp-derived with no more than 0.3% delta-9 THC.
• Check for third-party lab testing and clear labeling.
• Review current state rules where they live or plan to visit, since laws are still evolving.