Intellectual Property

Intellectual Property Law 2020: Hemp v. Marijuana - Concentration of THC Affects Availability of IP


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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Course Pricing
  • Member: 45.00
  • Non-Member: 75.00
  • Section: 35.00
If you are not a TBA Member, you can join now to receive CLE discount prices and three prepaid credits.

TBA members who are judges, lawmakers and law students can take TBA CLE onsite courses at no charge for the programming. There may be a separate charge if meals, special materials or other premium features are involved.
Course InformationHighlights
  • Approved Distance Learning for 2020
  • View from your laptop or mobile device
  • All 2020 CLE can be taken online
  • Convenient CLE from your home or office
Course Credits Dual Credits: 0.00
General Credits: 1.00
Total Credits: 1

This program will be filed for Tennessee CLE credit. Please email a request to for Georgia and Mississippi CLE credit.