Cannabis Product Naming Laws by State 2024

Here’s what you need to know about cannabis product naming laws in 2024:

Each state has its own rules for naming cannabis products
Basic naming structure: Brand name + Strain name/flavor + Type/texture + Total mg amount
Most states require:
- Product name
- Ingredients list
- THC content
- Child-resistant packaging
- Health warnings

Key points:

Don’t market to minors
Avoid unproven health claims
Always show THC content
Follow state-specific strain naming rules

Common Rules	Details
Marketing to Minors	Banned in all states
Health Claims	Limited to proven claims
THC Labeling	Required in all states
Strain Names	Regulated, with specific rules in some states
Age Verification	Required at point of sale in some states

Stay updated on changing laws and consult legal experts to ensure compliance across different states.

Federal Rules

Federal Laws on Cannabis Product Names

The federal government doesn’t have specific laws for naming cannabis products. However, it does set some rules for labeling and packaging.

The Controlled Substances Act (CSA) requires these details on cannabis product labels:

Required Information	Description
Manufacturer	Name and address
Distributor	Name and address
Product Name	–
Net Weight/Volume	–
Warning Statement	Must state it contains cannabis and is for adults 21+

The Federal Trade Commission (FTC) also watches out for misleading labels on cannabis products.

How Federal and State Laws Work Together

While federal laws provide a basic framework, state laws set more specific rules for naming and labeling cannabis products.

State laws often cover:

Words allowed in product names
Required warning labels
Use of strain names
THC content labeling

Businesses must follow both federal and state laws when naming cannabis products. This can be tricky because state laws can be very different from each other.

To make sure they’re following all the rules, businesses should talk to a lawyer or expert who knows about cannabis laws in their state.

State-by-State Rules

Each state has its own rules for naming cannabis products. Here’s a quick look at what you need to know:

State	Key Rules
Alabama	– Medical cannabis only – Strict labeling rules – Must include health warnings
Alaska	– List THC content – Show ingredients – Include health warnings
Arizona	– Show product name, ingredients, THC content – Use child-resistant packaging
Arkansas	– List product name, ingredients, THC content – Include health warnings
California	– Show product name, ingredients, THC content – Use child-resistant packaging
Colorado	– List product name, ingredients, THC content – Include health warnings
Connecticut	– Show product name, ingredients, THC content – Use child-resistant packaging
Delaware	– List product name, ingredients, THC content – Include health warnings
Florida	– Show product name, ingredients, THC content – Use child-resistant packaging
Georgia	– List product name, ingredients, THC content – Include health warnings
Hawaii	– Show product name, ingredients, THC content – Use child-resistant packaging
Idaho	– Medical cannabis only – Strict labeling rules – Must include health warnings
Illinois	– Show product name, ingredients, THC content – Use child-resistant packaging
Indiana	– Medical cannabis only – Strict labeling rules – Must include health warnings
Iowa	– Show product name, ingredients, THC content – Use child-resistant packaging
Kansas	– Medical cannabis only – Strict labeling rules – Must include health warnings
Kentucky	– Show product name, ingredients, THC content – Use child-resistant packaging
Louisiana	– Show product name, ingredients, THC content – Use child-resistant packaging
Maine	– Show product name, ingredients, THC content – Use child-resistant packaging
Maryland	– Show product name, ingredients, THC content – Use child-resistant packaging
Massachusetts	– Show product name, ingredients, THC content – Use child-resistant packaging
Michigan	– Show product name, ingredients, THC content – Use child-resistant packaging
Minnesota	– Show product name, ingredients, THC content – Use child-resistant packaging
Mississippi	– Show product name, ingredients, THC content – Use child-resistant packaging
Missouri	– Show product name, ingredients, THC content – Use child-resistant packaging
Montana	– Show product name, ingredients, THC content – Use child-resistant packaging
Nebraska	– Show product name, ingredients, THC content – Use child-resistant packaging
Nevada	– Show product name, ingredients, THC content – Use child-resistant packaging
New Jersey	– Show product name, ingredients, THC content – Use child-resistant packaging
New Mexico	– Show product name, ingredients, THC content – Use child-resistant packaging
New York	– Show product name, ingredients, THC content – Use child-resistant packaging
North Carolina	– Show product name, ingredients, THC content – Use child-resistant packaging
North Dakota	– Show product name, ingredients, THC content – Use child-resistant packaging
Ohio	– Show product name, ingredients, THC content – Use child-resistant packaging
Oklahoma	– Show product name, ingredients, THC content – Use child-resistant packaging
Oregon	– Show product name, ingredients, THC content – Use child-resistant packaging
Pennsylvania	– Show product name, ingredients, THC content – Use child-resistant packaging
Rhode Island	– Show product name, ingredients, THC content – Use child-resistant packaging
South Carolina	– Show product name, ingredients, THC content – Use child-resistant packaging
South Dakota	– Show product name, ingredients, THC content – Use child-resistant packaging
Tennessee	– Show product name, ingredients, THC content – Use child-resistant packaging
Texas	– Show product name, ingredients, THC content – Use child-resistant packaging
Utah	– Show product name, ingredients, THC content – Use child-resistant packaging
Vermont	– Show product name, ingredients, THC content – Use child-resistant packaging
Virginia	– Show product name, ingredients, THC content – Use child-resistant packaging
Washington	– Show product name, ingredients, THC content – Use child-resistant packaging
Washington, D.C.	– Show product name, ingredients, THC content – Use child-resistant packaging
West Virginia	– Show product name, ingredients, THC content – Use child-resistant packaging
Wisconsin	– Show product name, ingredients, THC content – Use child-resistant packaging
Wyoming	– Show product name, ingredients, THC content – Use child-resistant packaging

Most states have similar basic rules:

Show the product name
List ingredients
Display THC content
Use child-resistant packaging
Include health warnings

Some states only allow medical cannabis and have stricter rules. Always check your state’s latest laws to make sure you’re following them correctly.

Common Rules Across States

Rules Against Marketing to Minors

Most states ban marketing cannabis products to minors. This includes:

No cartoon characters on packaging
Age checks when buying
No ads that appeal to kids

Limits on Health Claims

Companies can’t say their products cure illnesses without proof. They can only make general health claims if science backs them up.

THC Content Labeling Rules

States usually require:

THC percentage on the label
THC amount per serving
Some states also want CBD content listed

Rules for Strain Names

Some states have rules about naming cannabis strains:

No names that appeal to kids
Some states require specific terms for strain names
Rules about using trademarks in strain names

Rule Type	All States	Some States
Marketing to Minors	Banned	No cartoon characters on packaging
Health Claims	Limited to proven claims	–
THC Labeling	Required	–
Strain Names	Regulated	Specific naming rules
Age Verification	–	Required at point of sale

Key Points

Don’t market to kids
Only make health claims with proof
Always show THC content
Follow state rules for strain names

How to Follow the Rules

Naming Products for Multiple States

When selling cannabis products in different states, use a simple naming system that works everywhere:

Brand name
Strain name or flavor
Type or texture
Total mg amount

This helps you:

Follow rules in all states
Keep track of products easily
Make reports faster

Creating Naming Systems That Work Everywhere

Make a naming system that can change with different state rules:

Use parts you can easily add or remove
Have a plan to add state-specific labels or warnings

Example: "Brand – Strain – Type – mg – [State-specific info]"

Check Laws Often

Stay up-to-date with cannabis laws in each state where you sell:

Look for new rules regularly
Change product names if needed
Ask a lawyer for help

Task	How Often	Why It’s Important
Check state laws	Every month	Laws change often
Update product names	As needed	To follow new rules
Talk to a lawyer	Yearly or when big changes happen	To avoid legal problems

Remember:

Don’t use words that appeal to kids
Be careful about health claims
Always show THC content
Follow each state’s rules for strain names

Naming Challenges

Making Names Legal and Appealing

Naming cannabis products is tricky. You need to make names that people like and that follow the law. Ron Silver, who owns Azuca, says naming is harder than most people think. This is because different states have different rules.

To solve this problem, try making a naming system that works in many states. Use a basic structure like this:

Brand name
Strain name or flavor
Type or texture
Total mg amount

This way, you can change parts of the name to fit each state’s rules.

Selling Across State Lines

Selling cannabis products in different states can be hard. Bill Winchester from Lindsay, Stone & Briggs says trademarks will become more important as the industry grows. This means you need to be careful not to use names that are already taken in other states.

To handle this:

Make a naming system that works in many states
Check for trademarks before using a name
Be ready to change names if needed

Keeping Up with New Laws

Laws about cannabis change often. Companies need to stay up-to-date and change their product names when needed.

Here’s how to keep up:

Action	How Often	Why It’s Important
Check state laws	Every month	Laws change quickly
Update product names	As needed	To follow new rules
Talk to a lawyer	Once a year or when big changes happen	To avoid legal problems

What’s Next

Possible Federal Law Changes

As of 2024, there haven’t been big changes to federal laws about naming cannabis products. However, some people are trying to change cannabis laws at the federal level. These changes could affect how companies name and label their products.

Two important bills to watch are:

Bill Name	What It Does	Possible Impact on Product Naming
States Act	Protects states’ rights to make cannabis laws	Could make it easier to understand how federal and state laws work together
MORE Act	Aims to make cannabis legal at the federal level	Might change how products are labeled and packaged

State Law Trends

We expect state laws about naming cannabis products to keep changing. As more states make cannabis legal, we might see more similar naming rules across different states.

Some states to watch in 2024:

State	What’s Happening
Florida	Voting on making cannabis legal in November
South Dakota	Voting on making cannabis legal in November
Arkansas	Thinking about changing cannabis laws
Nebraska	Thinking about changing cannabis laws
North Dakota	Thinking about changing cannabis laws

If these states change their laws, they’ll likely make new rules about how to name cannabis products.

It’s important for cannabis businesses to keep checking for new laws. This helps them follow the rules and avoid problems.

Wrap-Up

Key Points Review

Here’s a quick look at the main things to remember about cannabis product naming laws:

Point	Details
State laws	Each state has its own rules
Labeling and packaging	Some states have specific requirements
Federal laws	Also affect product naming
Staying informed	Important to keep up with changing rules

Staying Up-to-Date on Laws

To keep up with changing cannabis laws:

Check state cannabis agency websites often
Read trusted cannabis news sources
Talk to a lawyer or expert about following the rules
Go to industry events to learn about new laws

Action	Why It’s Important
Check websites	Get the latest updates
Read news	Stay informed about changes
Talk to experts	Make sure you’re following the rules
Attend events	Learn about new laws firsthand

Helpful Links

State Cannabis Agencies

Here’s a list of state agencies that handle cannabis laws:

State	Agency
Alabama	Medical Cannabis Commission
Alaska	Marijuana Control Board
Arizona	Department of Health Services
Arkansas	Bureau of Cannabis Control
California	Bureau of Cannabis Control
Colorado	Department of Revenue Enforcement Division Marijuana Enforcement
Connecticut	Department of Consumer Protection
Delaware	Office of Marijuana Control Commissioner
Florida	Department of Health Office of Medical Marijuana Use
Georgia	Access to Medical Cannabis Commission
Hawaii	Department of Taxation
Illinois	Department of Financial and Professional Regulation, Cannabis Regulation Oversight Officer
Indiana	Cannabis Compliance Commission
Iowa	Medical Cannabidiol Board
Kentucky	Department of Alcoholic Beverage and Cannabis Control
Louisiana	Office of Alcohol and Tobacco Control, Cannabis Management Office
Maine	Office of Marijuana Policy
Maryland	Medical Cannabis Commission
Massachusetts	Cannabis Control Commission
Michigan	Cannabis Regulatory Agency
Minnesota	Office of Cannabis Management
Mississippi	Department of Health
Missouri	Department of Health and Senior Services
Montana	Department of Revenue, Cannabis Control Division
Nevada	Department of Taxation, Cannabis Compliance Board
New Jersey	Cannabis Regulatory Commission
New Mexico	Cannabis Control Division
New York	Office of Cannabis Management
North Dakota	Division of Medical Marijuana
Ohio	Department of Commerce, Division of Cannabis Control
Oklahoma	Medical Marijuana Authority
Oregon	Liquor Control Commission
Pennsylvania	Cannabis Regulatory Control Board
Rhode Island	Office of Cannabis Regulation
South Dakota	Medical Cannabis Program
Texas	Department of Public Safety
Utah	Medical Cannabis Program
Vermont	Cannabis Control Board
Virginia	Cannabis Control Authority
Washington	State Liquor and Cannabis Board
Washington D.C.	Alcoholic Beverage Regulation Administration
West Virginia	Office of Medical Cannabis

Note: Some states don’t have cannabis agencies yet. These include Idaho, Kansas, Nebraska, North Carolina, South Carolina, Tennessee, Wisconsin, and Wyoming.

Legal Research Tools

To learn more about cannabis laws, check out these websites:

FDA’s Cannabis and Cannabis-Derived Compounds Page
National Conference of State Legislatures’ Cannabis Page
National Organization for the Reform of Marijuana Laws (NORML) State Laws Page
Marijuana Policy Project’s State Policy Page
Cannabis Industry Journal’s Regulatory Page

These sites offer lots of info on cannabis laws, rules, and studies.

FAQs

Can you trademark a cannabis product?

Trademarking cannabis products is tricky because of federal laws. Here’s what you need to know:

Issue	Details
Federal trademarks	Not allowed for cannabis products
Reason	Cannabis is illegal under federal law
Alternative approach	Some companies trademark non-cannabis items (e.g., clothing)
State trademarks	Possible in some states for cannabis products

Key points:

The U.S. Patent and Trademark Office (USPTO) doesn’t allow federal trademarks for cannabis products.
Some companies try to trademark related items like clothing or accessories instead.
State-level trademarks may be available for cannabis products in some places.

Things to think about:

Trademarking non-cannabis items can be costly and may not work well.
State trademarks can cover things like cannabis flowers, infused products, and pre-rolled cigarettes.
Always check the latest laws, as they can change quickly in this field.