Commerce clause bars protection.

However, since cannabis remains a Schedule I drug under the CSA and thus illegal under federal law, it cannot lawfully be used in interstate commerce. Thus, cannabis goods and services are rendered ineligible for federal trademark protection. 242 This is a blaring inconsistency given that patent and copyright protection are both available on the federal level. Although the issues seem to be a constitutional issue, since Congress' power to regulate trademarks stems from the commerce clause, 243 the bar on trademarks could be resolved by de-scheduling or removing cannabis as a Schedule I drug. 244While this might seem like a radical action, it would better align federal law with the trend of progressive state laws legalizing cannabis. It would also allow the U.S. to enter the competitive international cannabis markets. 245Additionally, unifying federal law, especially federal intellectual property laws, on cannabis would clarify whether cannabis trade secrets are protectable under federal law and whether actions for trade secret misappropriation may be heard by federal courts. 246