RESEARCH ON CANNABIS AND THE LAW

The project investigates 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)

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.

Cannabis Plant Patents

The United States has a unique statute called the Plant Patent Act of 1930 (codified at 35 USC §§ 161-164). For the last ninety years, the legislation has allowed breeders to obtain a patent for a new variety of plant if it can be reproduced asexually.

The first plant patent for a cannabis variety was granted on 20 December 2016 for a ‘Cannabis plant named ECUADORIAN SATIVA’. To date, at least 32 plant patents for cannabis varieties have been granted by the United States Patent and Trademark Office (USPTO):

• PP 34,829 - Cannabis plant named BAGZXCD6-PA#2 (granted 13 December 2022)

• PP 34,828 - Hemp plant named 3 CROP (granted 13 December 2022)

• PP 34,802 - Cannabis plant named UNIQUE FLOWER ORIGINAL HAZE (granted 6 December 2022)

• PP 34,051 - Cannabis plant named AVI-1 (granted 22 March 2022)

• PP 33,483 - Cannabis plant named DIVINA (granted 15 September 2021)

• PP 33,391 - Cannabis plant named PG 1 19 0125 0002 (granted 24 August 2021)

• PP 33,332 - Cannabis plant named HAPPY PINEAPPLE (granted 10 August 2021)

• PP 33,213 - Cannabis plant named HONEY H-2018 (granted 29 June 2021)

• PP 33,212 - Cannabis plant named V1 (granted 29 June 2021)

• PP 33,211 - Cannabis plant named V2 (granted 29 June 2021)

• PP 33,210 - Cannabis plant named V3 (granted 29 June 2021)

• PP 33,183 - Hemp plant named C2B (granted 22 June 2021)

• PP 33,182 - Hemp plant named PAINTED LADY (granted 22 June 2021)

• PP 33,162 - Hemp plant named EIGHTY EIGHT (granted 15 June 2021)

• PP 33,143 - Cannabis ruderalis x Humulus lupulus plant named ANEW (granted 8 June 2021)

• PP 33,002 - Cannabis plant named MR2018003 (granted 27 April 2021)

• PP 33,001 - Cannabis plant named MR2018001 (granted 27 April 2021)

• PP 33,000 - Cannabis plant named OG CITRON (granted 27 April 2021)

• PP 32,725 - Cannabis plant named PAN2020 (granted 5 January 2021)

• PP 32,473 - Cannabis plant named BIHEMP 050924 (granted 17 November 2020)

• PP 32,318 - Cannabis plant named MR2107002 (granted 13 October 2020)

• PP 31,918 - Cannabis plant named RAINBOW GUMMEEZ (granted 30 June 2020)

• PP 31,917 - Cannabis plant named RASPBERRY PUNCH (granted 30 June 2020)

• PP 31,874 - Cannabis plant named HOLY CRUNCH (granted 16 June 2020)

• PP 31,724 - Cannabis plant named PRIMO CHERRY (granted 5 May 2020)

• PP 31,707 - Cannabis plant named GRAPE LOLIPOP (granted 28 April 2020)

• PP 31,752 - Cannabis plant named CAKE BATTER COOKIE (granted 12 May 2020)

• PP 31,535 - Cannabis plant named LEMON CRUSH OG (granted 10 March 2020)

• PP 30,668 - Cannabis plant named DD-CT-BR5 (granted 9 July 2019)

• PP 30,639 - Cannabis plant named CW2A (granted 2 July 2019)

• PP 30,434 - Cannabis plant named LW-BB1 (granted 23 April 2019)

• PP 27,475 - Cannabis plant named ECUADORIAN SATIVA (granted 20 December 2016)

CANNABIS PLANT BREEDERS’ RIGHTS

Many countries have a system of plant variety protection (called “plant breeders’ rights” in Canada and Australia), which confers exclusive rights to a registered new variety of plant for a period of time.

In the US, the Department of Agriculture (USDA) administers the Plant Variety Protection Act of 1970 (7 USC §§ 2321–2583). However, the USDA only announced that they would be accepting applications for plant variety protection for industrial hemp (Cannabis sativa L.) after 24 April 2019. Six certificates have been granted to date:

• PVP No. 202000237 ‘NWG 2730’ (granted 9 April 2021)

• PVP No. 202000033 ‘HURV19PAN’ (granted 30 November 2020)

• PVP No. 202000032 ‘HURV2019CKH’ (granted 30 November 2020)

• PVP No. 201900403 ‘NBS CBD-1’ (granted 22 June 2020)

• PVP No. 201900199 ‘NWG452’ (granted 24 June 2020)

• PVP No. 201900198 ‘TOLS Cherry Wine S-1’ (granted 24 June 2020)

The Canadian Food Inspection Agency has received 27 applications for protection under the Plant Breeders’ Rights Act (S.C. 1990, c. 20), of which two have been granted. You can see the updated list here (which includes Cannabis sativa L. and Cannabis sativa subsp. indica).

• PBR No. 2098 ‘FINOLA’ (granted 5 April 2005)

• PBR No. 4515 ‘X59’ (granted 30 May 2013)

In Australia, 13 varieties of industrial hemp and 3 varieties of medicinal cannabis have been granted protection under the Plant Breeder’s Rights Act 1994 (Cth) to date. You can view the PBR register and check for updates on cannabis claims here.