Celesq® Programs

IP Protection for Cannabis Plants: Available Options and Current Trends

Program Number
Program Date
CLE Credits

Most commercially relevant plant species in the United States can be protected using one or more types of federal intellectual property (IP) right, and countless novel plant varieties are protected by one or more of these types of IP. While those same IP rights can apply to cannabis plants, the fact that marijuana—but not hemp—is still federally illegal can create some barriers with regard to some types of protection. Because of this, there are numerous factors that one must consider when determining the most appropriate and effective form of IP protection to use for a novel cannabis variety. 

This program will discuss the three primary types of IP protection that are available for cannabis plants (plant patents, utility patents, and plant variety protection certificates), will examine how those rights differ from one another and how they apply to cannabis plants, and will discuss some of the primary factors that one must consider when selecting IP protection for novel cannabis varieties.

Available in States

  • California
  • Colorado
  • Florida
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

  • Business Organizations & Contracts
  • Cannabis Law
  • Federal Courts
  • Florida Eligible
  • Intellectual Property Law
  • Patent Law
  • Pharmaceutical Law


  • Areas of Professional Practice : 1 Credit