Hemp and marijuana don’t differ from a biological standpoint; they’re the same plant, Cannabis sativa. Yet the law differentiates the two based on concentration of Δ-9-THC. This CLE will explore the various forms of available IP protection for the Cannabis industry, distinguishing between hemp and “marihuana.” We will focus on the pro and cons of plant patents, Plant Variety Protection Act certificates, utility patents, and discuss how they can be used in tandem to develop a strong IP portfolio. We’ll also examine strategies to obtain value out of trademarks despite the current “prohibition” on marks for food, dietary supplements, and cosmetics containing CBD or THC.

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