CANNABIS AND THE LAW

The project investigated how plant naming and classification was contested before courts of criminal jurisdiction when enforcing the prohibitions on the sale, transfer, or possession of Cannabis spp.

The controversy about classification and naming of Cannabis spp. was divided into two views: the monotypic view that Cannabis sativa L. was the only species in the genus, and the polytypic view that the genus contained more than one species, such as Cannabis indica Lam. and Cannabis ruderalis Janisch. The different botanical opinions became legally relevant because criminal statutes in the United States of America, Canada, and Australia defined marijuana as ‘Cannabis sativa L.’

The findings of this project were published in: Jocelyn Bosse, ‘Before the High Court: The legal systematics of Cannabis’ (2020) Griffith Law Review, available online here (subscription required). The paper is also archived and freely available here.

Linnean Society Talk

I delivered a ‘Lunchtime Lecture’ for the Linnean Society of London on Wednesday 7 September 2022: Laws of the Leaves: what can the criminalisation of marijuana & patenting of ayahuasca vine tell us about legal controversies and taxonomy?

It is commonly assumed that “the law’s destiny is simply to lag behind and respond to scientific and technological changes” (Sherman 2008). However, this lecture will explore some of the surprising ways in which botanical science and the law have interacted and influenced each other.

The lecture focused on two case studies: the criminalisation of marijuana (Cannabis sativa) and the patenting of the ayahuasca vine (Banisteriopsis caapi). These controversial legal measures did not merely rely on taxonomists as passive supplier of information about these plants, but rather, spurred scientific activity and sometimes changed the direction of botanical research. By revisiting this history, the lecture will highlight the more complex and sometimes unexpected role of the law in provoking scientific controversies and recognising (or not recognising) scientific expertise.

About the Linnean Society of London

The Linnean Society of London is the world’s oldest active society devoted to natural history. Founded in 1788 by Sir James Edward Smith (1759–1828), who was its first President, the Society takes its name from the Swedish naturalist Carl Linnaeus (1707–1778) whose botanical, zoological and library collections have been in our keeping since 1829. These unique collections are of continuing fundamental importance as a primary reference for naming of plants and animals. They are enhanced by the Society's own rich library which provides key resources for scientific and cultural research.

The Society encourages the debate and discussion of natural history including taxonomy, evolutionary biology and ecology. We strongly support all efforts to address some of the most urgent issues facing the natural world, such as climate change and biodiversity loss. We also support the implementation of the UN’s Sustainable Development Goals. We aspire to inspire by bringing together diverse communities and increasing engagement with scientists, historians, artists and all those interested in nature.