Charlotte’s Web Receives First Patent for Hemp Strain

[dropcap class=”kp-dropcap”]T[/dropcap]he company behind one of the most famous high-CBD strains has received the first U.S. patent granted for a hemp strain.

Charlotte’s Web Holdings, the company behind the Charlotte’s Web strain, was granted a patent for “a new and distinct hemp cultivar” designated as CW2A on July 2. Patent documents describe CW2A as a hardy plant capable of producing up to 6.24 percent CBD and 0.27 percent THC. Under the 2018 Farm Bill, the strain falls into the “hemp” category as it contains less than 0.3 percent THC. Most plants used for CBD cultivation tend to have around three percent CBD, meaning Charlotte’s Web provides more than double the average amount.

The patent itself is a plant patent, meaning it has legal protections from competitors growing that specific cultivar from a clone. Charlotte’s Web may have received a utility patent as well, but that information isn’t publically available for 18 months. If a utility patent was awarded, seeds and other various chemical properties of the plant would also be covered, giving a wider range of protections.

“Since people think of hemp farming as a seed-based farming strategy, [plant patents aren’t] the best fit. “But maybe if you want your genetics to be always exactly the same, then it’s worth going through the cloning process,” said Dale Hunt, a San Diego–based attorney and botanist who holds a PhD in biology.

In addition to the hemp patent, Charlotte’s Web Holdings recently partnered with the Rodale Institute and Natural Care to research regenerative organic hemp farming. Rodale’s hemp research is in its third year and preliminary results show hemp is a viable cash crop and can serve as a cover crop for farmers.

Charlotte’s Web is named after Charlotte Figi, a 12-year old who suffers from Dravet Syndrome, a severe form of intractable childhood epilepsy that is treatable with CBD. Joel Stanley, who is listed on the patent as the inventor of the strain, developed Charlotte’s Web with his six brothers and built on the fame of Charlotte’s Web to become one of the leading CBD companies in the country.