Genetic Property Rights and Cannabis Cultivation

It may sound somewhat contradictory when discussing cannabis cultivation to include the principles of bio patents or intellectual genetic property rights. However, as the global interest and progressive development shape the sector, it is becoming apparent that domestic cultivators will soon be in line with the legalities governing global intellectual property ownership.

Successful cannabis cultivation is reliant on a few definitive aspects, the foundation of which lies starting with premium seeds or clones of high quality and choice genetic lineage. Cannabis breeders invest considerable time and effort in producing and tracing desired genetic qualities to supply a demanding market with new, trusted cannabis strains.

The propensity and cost can run into thousands when we consider the capital outlay required in purchasing the necessary growing equipment, not to mention countless hours spent maintaining plant health and facilitating high production standards. Protecting the results produced from the intensive financial and personal investment has now more than ever come into focus as competition globally grows ever stronger, through the continued efforts of breeders.

Genetic property rights have for many years been a controversial point for growers, as the ability to produce plants from cannabis seed purchased, and continue cultivating selective strains from these seeds, translates to a reduction in sales after a once-off initial purchase.

While the right to cultivate and use cannabis in private remains a fundamental constitutional right, the propensity of breeders to protect and regulate the work that goes into producing specific, high-demand strains remains a grey area in our legislative format.

Several mechanisms are currently used to safeguard prized breeder genetics, particularly the value of endemic landrace cannabis strains. International interest and the issues regarding genetic pollution have compounded global trends as more governments move to install legal safeguards aimed at protecting what many believe forms part of a people's national identity.

Where sought-after strain traits are required from specific breeding, intellectual genetic royalties form the basis of profit margins. The popularity and specific genetic traits sought after in our South African landrace strains have been the focus of international strain hunters and cannabis enthusiasts for many years.

Although foreign capitalisation of endemic strains can result in complications associated with bio-genetic identities, it can also open the doors to international investment and further elevate the cannabis sector within South Africa. Due diligence is required if this relatively young avenue is to reap the rewards and compel the subsidiary profits from sales and royalties back into the pockets of breeders, right here at home.

Quality seeds and clones acquired through reputable breeders form the starting point by which the success in growing cannabis can be postulated. There is a drastic need for further exploration by legislative authorities and industry stakeholders if this vital mechanism of the cannabis industry is to prosper and survive. 

Open dialogue and initiatives that seek to identify and protect cannabis breeders would undoubtedly shift the focus to setting systems and protocols before South Africans are left to grapple with safeguarding the work these talented and committed individuals undertake to satisfy growing demands for the best bud money can buy!