Patent and trademark law is exclusively federal. What L5 is seeking to do is to have the exclusive rights to using "THE HERBAL COLLECTION" on its products.
This is different from obtaining a patent which protects the formulation and blend of the product itself. Even there, the inclusion of Canabis as part of the ingredients may not make it illegal to patent just because its a controlled substance. Example. certain pharmaceutical compositions contain controlled substances but are protected.IMO.