Navigating Complex Federal Regulations When Protecting Your Cannabis Brands

In 2018, Congress passed the Agricultural Improvement Act, also known as the "2018 Farm Bill." This legislation removed hemp, defined as cannabis (Cannabis sativa L.) and its derivatives containing delta-9 THC concentration levels not exceeding 0.3% on a dry weight basis, from being classified as marijuana under the Controlled Substances Act. As of October 2024, 38 states and the District of Columbia have legalized marijuana for medical use. Additionally, 24 states and the District of Columbia have legalized recreational marijuana use. As the cannabis market continues to grow, more cannabis product offerings enter the market, increasing the need for brand awareness and protection. However, because of the current federal landscape, there are numerous pitfalls that need to be avoided to successfully achieve federal protection for cannabis brands.