The idea of a cannabis-infused bourbon sounds like the next frontier in craft spirits—a blend of Kentucky tradition and modern innovation. Yet, despite growing consumer curiosity, federal regulators have made one thing clear: such a bottle won’t be legally produced or sold anytime soon.
Federal Barriers
Under current U.S. law, any distilled spirit that moves in interstate commerce must receive formula and label approval from the Alcohol and Tobacco Tax and Trade Bureau (TTB). The agency refuses to approve any beverage alcohol product containing a controlled substance—THC, marijuana, or marijuana-derived compounds. Until cannabis is descheduled at the federal level, that rule blocks any legal “infused” bourbon.
The Food and Drug Administration (FDA) reinforces that restriction by prohibiting THC or CBD in foods or drinks without a formal approval process. No cannabinoid-infused alcoholic beverage has met those standards. Together, these agencies maintain a firm federal wall between alcohol and cannabis, even as state laws evolve.
State Restrictions
Many states explicitly ban mixing the two. Washington, Colorado, and California all prohibit products that combine alcohol with cannabis or THC. Even Minnesota—home to a booming low-dose THC beverage market—bars such drinks from containing alcohol. For now, the most these states allow are hemp-derived, non-alcoholic beverages with trace amounts of cannabinoids, sold outside traditional liquor channels.
The Bourbon Identity Problem
Even if regulations changed, there’s another barrier: bourbon’s own identity. According to federal standards, bourbon must contain no added flavoring or coloring. Any addition of cannabis extracts or terpenes would disqualify it from being labeled “bourbon,” instead making it a “flavored whiskey” or “distilled spirits specialty.” That alone would challenge marketing efforts for any brand hoping to merge the two worlds authentically.
Hemp and Terpene Workarounds
Distillers are, however, experimenting within legal limits. Hemp-seed flavored whiskeys have emerged, using sterilized hemp seeds or hemp oil that contain no THC. These are permitted if they meet TTB formula approval. Some brands are also using terpene-inspired botanicals that mimic the aroma of cannabis without involving any controlled substances. Such approaches let distillers tap into the cannabis aesthetic without breaking federal law.
Meanwhile, alcohol-free THC beverages are becoming increasingly popular in states where hemp-derived cannabinoids are allowed. These drinks—ranging from “mocktails” to “bourbon-style” non-alcoholic elixirs—allow consumers to explore cannabis flavor and effects without violating TTB rules. While they don’t replace bourbon, they signal consumer interest that alcohol producers are closely watching.
Could Rescheduling Change That?
The Department of Justice proposed reclassifying marijuana from Schedule I to Schedule III in 2024. If finalized, cannabis would still be a controlled substance, but research, banking, and taxation could become easier. It would not automatically make cannabis a legal alcohol ingredient. New FDA and TTB policies would still be required, along with changes to state laws governing alcohol sales.
The Road Ahead
The most realistic near-term path is co-branding rather than infusion—think a bourbon distiller partnering with a cannabis company to produce parallel products: a whiskey and a THC beverage, marketed side-by-side but sold separately. That strategy allows both industries to explore cross-promotion without breaching compliance lines.
Bottom Line
A true cannabis-infused bourbon would require sweeping reform—federal descheduling, new FDA safety frameworks, and TTB acceptance of cannabinoids as legal alcohol ingredients. Until that happens, the closest the industry will get are hemp-inspired whiskeys and non-alcoholic THC drinks. The bourbon may be smooth, and the cannabis may be trendy—but together, they remain legally incompatible, at least for now.