CBD-infused beverages are quickly becoming a favorite among wellness enthusiasts and curious consumers alike, making it more important than ever to understand what’s inside the can or bottle. Beyond flavor and function, the real difference often comes down to whether the CBD is hemp-derived or cannabis-derived. While both share the same molecular makeup, how they’re sourced and governed is what really separates them.
The Source Difference
CBD, or cannabidiol, can be extracted from both hemp and cannabis plants. The main difference lies in the amount of THC, the psychoactive compound associated with marijuana.
- Hemp-derived CBD comes from industrial hemp plants containing no more than 0.3% THC, as defined by the 2018 U.S. Farm Bill.
- Cannabis-derived CBD is extracted from marijuana plants, which naturally have higher THC levels and are still regulated as controlled substances under federal law.
Though the CBD compound itself is chemically identical, products made from cannabis-derived sources may contain additional cannabinoids or small traces of THC that change both the experience and how they’re regulated.
Legal Framework and Regulation
The 2018 Farm Bill legalized hemp and its derivatives nationwide, but it didn’t give the FDA full approval for CBD as a food or beverage additive. This creates a federal gray zone—brands can legally sell hemp-CBD beverages, but they can’t market them as dietary supplements or make health claims without risking warning letters or fines.
By contrast, cannabis-derived CBD can only be sold in state-licensed dispensaries where marijuana is legal for medical or recreational use. These beverages are closely regulated by state agencies, which oversee testing for potency, purity, pesticides, and labeling accuracy.
This means a CBD drink purchased in a grocery store is almost certainly hemp-derived, while one bought at a dispensary could be cannabis-derived—and possibly contain trace levels of THC.
How It Affects Consumers
From a wellness perspective, both hemp- and cannabis-derived CBD beverages can promote relaxation or calmness, but the entourage effect—a term used to describe how cannabinoids and terpenes work together—is typically stronger in cannabis-derived formulas.
However, because they may contain THC, cannabis-derived CBD drinks can cause mild intoxication and potentially appear on drug screenings. Hemp-derived CBD drinks, especially those made with broad-spectrum or isolate formulations, are non-intoxicating and THC-free.
Compliance and Labeling Standards
CBD beverage makers must navigate strict labeling and compliance rules. To remain compliant, most states and regulators require:
- A clear declaration of CBD content per serving
- Identification of whether the CBD is hemp- or cannabis-derived
- A batch or lot number linking to third-party Certificates of Analysis (COAs)
- QR codes for lab verification
- No unapproved medical or health claims
Failing to meet these standards can lead to regulatory penalties or removal from retail shelves.
Key Insight for Shoppers and Brands
While hemp- and cannabis-derived CBD share the same base molecule, their regulatory paths and consumer implications are very different. Hemp-derived CBD beverages offer broad accessibility and legality nationwide but operate in an uncertain FDA environment. Cannabis-derived CBD drinks, though restricted to dispensaries, benefit from clearer oversight and richer cannabinoid profiles.
For consumers, knowing the source is key. Always read labels, review lab results, and understand that what’s inside the bottle can determine not only the effect—but also whether it’s legally sold where you live.