The surge in popularity of THC-infused beverages has created complexity for both businesses and consumers in navigating the regulatory terrain of 2025. With 27+ state legislatures introducing or updating bills to control how THC drinks are sold, labeled, transported, and enforced on the road, awareness of THC beverage open container laws 2025 is an essential compliance priority. This post explores the expanding network of open-container and impaired-driving laws for THC drinks, the compliance risks for operators and consumers, and actionable best practices to stay ahead of enforcement trends.
The 2025 Legislative Boom: THC Beverages Under the Spotlight
In 2025, state lawmakers responded to the intoxicating effects of cannabis- and hemp-derived beverage products by:
- Restricting retail and online sales to age 21+
- Setting potency caps per serving and per container
- Tightening packaging and labeling rules
- Mapping alcohol-style open-container rules directly onto THC drinks
Read more about evolving state-by-state beverage legislation.
What Counts as a THC Beverage?
Most states now define THC beverages broadly to include both cannabis-derived (state-legal) and hemp-derived (federally legal, if compliant) drinks with intoxicating levels of THC or other cannabinoids. A patchwork of laws governs sales via licensed dispensaries, specialty hemp retailers, and, in a handful of states, alcohol licensees—though the latter are rapidly facing stricter cannabis-style controls.
Open-Container Laws: New Applications for THC Drinks
Historically, open-container laws were restricted to alcohol. In 2025, more than half of the states have amended these laws to explicitly cover THC beverages:
- Any resealable, previously opened THC beverage in the passenger compartment is typically considered an "open container," regardless of tamper-evident bands or resealing mechanisms.
- Many states prohibit both drivers and passengers from possessing any open/partially used THC beverage within reach.
- Laws often make no distinction between cannabis-derived and hemp-derived intoxicants for the purpose of open-container enforcement.
- Curbside pickup, rideshare, and delivery vehicles are subject to the same prohibitions unless the item is in a locked glove box or trunk.
As with alcohol, violation of THC beverage open container laws can result in fines, points against a license, and, in some cases, additional sanctions for businesses.
Roadside Risks: Driving Under the Influence and Field Testing
Impairment Standards Remain Strict
Every state prohibits driving under the influence of THC, with or without alcohol present. "Non-alcoholic" on a label does not mean the product is safe for driving—these are still intoxicating products regulated as such.
Rise of Oral-Fluid Testing
States like Michigan have expanded their implied-consent laws to authorize roadside oral fluid testing for THC and other controlled substances (see Michigan July 2025 Update). Law enforcement increasingly employs these devices for suspected DUI investigations involving THC beverages, even if BAC is zero.
Oral fluid tests can detect recent use and may trigger per se violations (if a state has numerical THC blood/fluids limits) or support impairment-based prosecution. Expect broader adoption and stricter scrutiny, especially if an open or recently consumed THC drink is present in the vehicle.
Rideshare, Delivery, and Passenger Rules
Rules are being clarified to treat all passenger vehicles the same:
- No consuming, or possessing an open (even if resealed) THC beverage in the driver or passenger area
- Delivery drivers must not transport partially used THC drinks in the main cabin
- Ridesharing passengers should be warned that possession of an opened THC beverage could subject both them and the driver to penalties.
Labeling Fixes and Compliance Mitigations for Operators
To reduce roadside risks and ensure compliance with 2025 open-container laws, beverage producers and dispensaries should:
1. Bold, Conspicuous Warning Panels
- Add prominent labeling such as: CONTAINS THC – DO NOT DRIVE
- Place warnings near nutritional panels and on closure seals
- Use high-contrast colors for maximum visibility
2. Tamper-Evident and Clearly Resealable Closures
- Use seals that irreversibly break upon first opening
- Make it obvious when a product has been "opened" versus just resealed
- Avoid closures that can be re-applied without clear evidence of use
3. Avoid "Single-Serve" Packages Above State THC Caps
- Check the maximum allowed THC per serving and per package (commonly 5-10 mg per serving, 50-100 mg per package in most adult-use states)
- Multi-serve containers are more likely to be retained and transported, adding open-container risk
4. Delivery and Staff Training
- Educate delivery and retail staff on state-by-state open-container rules
- Require all partially used or opened beverage returns to go directly to a trunk or locked container for all vehicle transport
5. Educate Consumers on "Non-Alcoholic" vs. "Non-Intoxicating"
- Prominently clarify that a product labeled "non-alcoholic" can still impair driving ability
- Reinforce age-21 restrictions alongside DUI messaging
What Consumers Need to Know
- Do not drive after consuming any THC beverage. Effects can linger and lead to arrest for DUI, even hours later.
- Open-container rules apply everywhere: Transport THC beverages in the trunk or locked glove box if they have been opened—even if the seal looks intact.
- “Non-alcoholic” does not mean “not intoxicating.” Labeling is improving, but impairment risks remain unchanged.
- Roadside testing is expanding: Expect more oral fluid screening for THC, especially at sobriety checkpoints and after any vehicle accident.
- State laws vary, but penalties are real: Open-container violations can mean fines, enhanced charges, and the loss of driving privileges or cannabis business licenses.
Regulatory Trends: What’s Next?
2025 is set to bring further harmonization of THC beverage rules with traditional alcohol policies. Key priorities for legislators and regulators include:
- Mandatory “do not consume and drive” language on all intoxicating beverage packaging
- Integration of tracking/reporting systems for beverage manufacturing and distribution
- Periodic review and adjustment of potency limits and labeling rules
- Stricter enforcement, especially in states with new oral-fluid THC testing mandates
For a detailed look at the fast-moving multi-state regulatory map, see THC Beverages in 2025: The Multi‑State Scoreboard.
Takeaways for Operators and Compliance Professionals
- Treat open-container and DUI risks for THC beverages as seriously as for alcohol
- Proactively update packaging and staff training ahead of new state laws
- Liaise with legal counsel and compliance specialists to keep SOPs current
- Monitor and educate customers through signage, delivery protocols, and website FAQs
Staying ahead of the 2025 regulatory curve on THC beverage open container laws isn’t just good practice—it’s business-critical.
For ongoing updates and expert compliance resources, rely on CannabisRegulations.ai to support your licensing, labeling, and transportation protocols throughout 2025 and beyond.
