CBD “rehab drinks” – recovery-focused beverages infused with cannabidiol – sit at the intersection of hemp law, food law and consumer protection rules. For shoppers, understanding the key regulations behind these products helps separate compliant brands from risky ones.

At the federal level, most CBD rehab drinks are made from hemp-derived CBD. The 2018 Farm Bill removed hemp from the Controlled Substances Act and defined it as cannabis containing no more than 0.3% delta-9 THC on a dry-weight basis. A new federal law passed in November 2025 goes further by counting total THC (including delta-8 and other isomers) toward that limit and effectively banning intoxicating hemp drinks with higher THC loads, while preserving space for non-intoxicating CBD products. For consumers, that means compliant rehab drinks should now stay under both low THC percentages and strict per-container THC caps.

Despite hemp’s federal legality, the U.S. Food and Drug Administration (FDA) still considers CBD an unapproved drug ingredient when added to conventional foods and beverages. The agency has concluded that existing food and dietary supplement frameworks are not appropriate for CBD and has repeatedly said CBD-infused foods and drinks are technically unlawful under the Federal Food, Drug, and Cosmetic Act. FDA has, however, recognized certain hemp seed–derived ingredients (such as hemp seed oil and hemp seed protein) as Generally Recognized as Safe (GRAS) for use in foods and beverages. Shoppers should distinguish between hemp-seed beverages (which may be GRAS) and products intentionally delivering CBD (which remain in a legally gray area and face stricter scrutiny).

State laws add another layer. Some states prohibit adding CBD to food or drinks, while others license and regulate hemp-derived CBD beverages with testing, age restrictions and packaging rules. In a few states, hemp-derived THC or CBD beverages are tightly capped or banned altogether. Because of this patchwork, a CBD rehab drink that is legal and widely available in one state may not be lawful in another.

Marketing and labels are heavily policed. FDA and the Federal Trade Commission (FTC) have issued numerous warning and cease-and-desist letters to CBD and THC brands that make unproven health or disease-treatment claims, or package products in ways that mimic candy and snacks aimed at children. A legitimate CBD rehab drink should avoid promising to “treat” injuries, “cure” anxiety or function like a medical therapy. Labels should clearly state CBD content per serving, total THC content, ingredient lists, and appropriate warnings — often including “not evaluated by the FDA” and “not intended to diagnose, treat, cure, or prevent any disease.”

Behind the scenes, reputable manufacturers follow food-grade current good manufacturing practices (cGMPs), conduct third-party lab testing, and publish Certificates of Analysis (COAs) that confirm cannabinoid levels and screens for contaminants. Many states now write these testing and labeling standards directly into their hemp or cannabis regulations.

For shoppers, the practical takeaway is simple: look for CBD rehab drinks that (1) clearly disclose CBD and THC levels, (2) provide recent third-party lab reports, (3) avoid medical claims, and (4) appear on store shelves or websites that follow state hemp rules. Because regulations continue to evolve, especially after the new federal clamp-down on intoxicating hemp products, consumers who want to stay compliant and safe should focus on transparent, well-documented brands and, where necessary, check their own state’s latest hemp and CBD beverage laws.

Read More: How to Choose the Right Retailer for Your CBD Rehab Drinks