Yesterday, Laura A. Labeots, Ph.D., J.D., posted an update on the significant changes to the Agricultural Improvement Act of 2018 on our Food & Agribusiness blog.

What does this post mean for the cannabis industry?

Since much of cannabis is asexually produced, it appears that marijuana and industrial hemp cultivators can utilize the Plant Variety Protection (PVP) certificate to exclude competitors from utilizing its genetics for hybrids. While we will closely monitor the industry’s ability to utilize the PVP certificate going forward, initially this looks like a viable mechanism to protect your intellectual property (IP) that was otherwise unprotectable a few weeks ago.

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Photo of Steve Levine Steve Levine

A corporate transactional attorney by trade, Steve transferred his skills from mergers and acquisitions to the hospitality industry – and eventually to cannabis. Since 2010, Steve’s major focus has been on the burgeoning cannabis industry, where he guides clients through the tangle of shifting regulations governing the sale and use of cannabis in both the marijuana and industrial hemp sectors. He leads the firm’s cannabis practice in both Colorado and California.