It’s illegal under federal law.

Trademark and service mark protection is widely used to prevent competitors from capitalizing on a successful name or brand while also protecting consumers from confusion as to the source of the goods or services they are buying. In the cannabis industry, trademark protection can be difficult to acquire as federal trademark registration is only allowed for lawful use, and marijuana remains illegal under federal law. This rule was modified slightly by the 2018 Farm Bill, which allows registration so long as the products, including hemp and cannabidiol (CBD) goods, contain no more than 0.3 percent tetrahydrocannabinol (THC). Other noncannabis goods and services, such as smoker's articles and paraphernalia, consulting services, topicals, batteries for vaporizers, machines, packaging, and website blogs may have the availability to file for federal trademark protection and thus designate the source of such non-cannabis goods and services. Additionally, state trademark registrations may be available for cannabis goods that do contain levels of THC above 0.3 percent, especially in states that have legalized. When successfully applied, trademark can provide protection for brands and can cover any word, name, symbol, or device that consumers use to identify and distinguish the cannabis business as the source of goods or services and may last for so long as the trademark is used in commerce.