It’s really the people’s plant…if there were a breeders association they could set up like a conservation group. Make sure that the plant doesn’t get taken from those that grow and cherish it.
I bet there could even be us grant money involved for the organization, seeds are legal, farm bill, MJ is soon to be rescheduled.
Well they kinda did that with open source cannabis.
That turned out to be a scam too…
But it would be nice if done correctly.
Free the weed man! Weed was here before people…and weed will be here long after we’re gone and all their bullshit patents are lost to time.
I’m serious about the "kennel club " type organization for marijuana. It wouldn’t be difficult and if we as growers want the plant to be cultivated and conserved correctly an organization such as this is necessary. First step would be getting a lawyer to file non profit paper work to set it up as a non profit. It’s as simple as sending in the correct documents.
Biggest thing I can see is if someone alters it on the genetic level with crispr or something. Then they would be able to patent the created DNA sequence of the GMO strain they created. Whether to increase yeild, improve pest and mold resistence, or whatever. They would also own anything crossed with it.
Theoretically they could, but in reality they can’t. Given the nature of global marijuana there are millions of people that have a potential claim to the genetics of a plant and a savvy lawyer could argue as such against any patent.
The reality is a big Corp can’t just walk onto the scene now that weed is legal and begin using their $$$ to patent and control MJ or a strain.
Marijuana is like open source code…
Yes. Yes they can. If they use crispr they have the proof its theirs and can patent their work. Thats how it works. Patent law is about taking a large enough step from what existed before. Its how monsanto got a patent for their soybeans that are round up resistant even though soybeans have been around longer than monsanto. The round up resistence was a novel step and allowed patent. They own the genetics of the plant they altered. Not talking about selective breeding. Which, even then, you can document your work and create new things with that, just takes longer.
You’re right they cannot patent anything preexisting. But they absolutely could patent something new they made. And if those genetics start getting into the larger pool outside that strain it gets messy. Legally speaking.
#notlegaladvice
It’s my opinion that something like this won’t actually happen. Even with crispr, how would the source their original strain? It seems to me that it would be impossible to get because so many people could have a claim to it…in order to alter dna you first need dna. I think that even if the gmo strain is novel enough, they would still have to buy the original genes, which I feel would be impossible. These are just my opinions.
No, it isnt. They could take any strain right now. Doesnt matter. That is the least hard part. No one has ownership claim to the genetics.
It is not open source at all like code. That has conditions when you use it like CCL. Dont know if that is what is tripping you up. More like public domain. Anyone can do anything with it. And if they take a novel step, they can THEN patent it. .
Lol, I totally disagree. All modern strains originate from 1960s era landrace and Asian heirloom varieties. It seems to me that the original growers have claim to the strains. The landrace growers that is.
Not how it works. If you go public before patenting you can no longer patent it. Just how it works. Think there is a 2 week window or 2 month window or something once the new thing is public and for sale to patent. After that, poof. They have no claim to it. It is public domain, not about who has claim, because no one does. Until you change it. Not about your agreement, how you feel about the plant, or opinion, its about patent law and the precedents that have been set.
Whether that is how it should be? Not what lawyers study. Just how it is.
Edit: its 12 months grace period. So those dudes from the 60s are like me, SOL. Not to mention any current strains are unpatenable since its illegal on the federal level. Until that goes away no ones patenting anything like this.
Well in reality laws are like water fluid, constantly changing. Sure it seems pragmatic for a corp to try and patent everything but you need to remember that weed ain’t original and a lawyer can argue all day against the patent. I would I’m not a lawyer, but I think I might make for a fairly convincing co consul or something (whatever you call it). Its about culture and politics and business it’s not as simple as simple filling the patent and saying well 40% of the dna is original new creation so we own the strain🤨…ok so maybe you own 40% of it’s dna, haha.
Sigh, sure. Ignore the monsanto precedents and see how that goes for you when you argue pro se. Im just an intellectual property lawyer, what do I know. Have a good day. Im done.
I think Monsanto is the precedent for a reason. Further, their soybean is pesticide resistant. It is quite different from a gmo MJ plant designed to make me sleep.
Based on this alone unless you have pesticide resistant weed I don’t see how the precedent is relevant.
Youre right. Absolutely correct. How could I have missed it. So sorry.
#notlegaladvice
The money is in licensing a product. Walgreens licenses purple grape kush for sleep from say the “MJ cultivators of n. America” and for a reasonable donation they can sell it…
Licensing generic strains for generic purposes.
I said you were right. Not gonna argue with rando on OG. Thats what facebook is for.
#notlegaladvice
Didn’t think I was arguing 
.
Pick whatever word you want for what you were doing. Doesnt bother me none. I was wrong. I bow down. Im done.
#definitelynotlegaladvice