Charlotte's Web variety now protected by US patent

While the Charlotte’s Web strain has already brought about a radical change in the approach to the medical use of cannabis—particularly for treatment-resistant epilepsy in children—it is now also the first to hold a U.S. patent.

The company behind the famous strain, Charlotte’s Web (CWB) Holdings—run by the well-known Stanley brothers in Colorado—has been granted what appears to be the very first U.S. patent for a hemp cultivar, as shown by the submitted documents with the U.S. Patent and Trademark Office.

On July 2, 2019, CWB Holdings, Inc. filed a patent for «a new hemp cultivar called CW2A.» The documents describe CW2A as a robust, cold-tolerant plant capable of producing up to 6.24% of CBD and only 0.27% of THC, which is below the 0.3% THC threshold that distinguishes «hemp» from cannabis in the United States.

This patent follows the opening of the hemp market to United States via the Farm Bill in 2018 and validates Charlotte’s Web’s expansion strategy. The company went public last year in Canada, and has hired a former Coca-Cola employee to manage its strategy, and is already exporting a few product shipments in Europe. Until now, the CBD market in the United States had lacked a multi-state operator capable of bringing consistent, high-quality products to market.

The patent granted to Charlotte’s Web pertains to a specific cultivar and is therefore valid only for legal protection against a competitor growing the same cultivar from a clone. It is, however, the first and only plant patent in the United States to specify a specific hemp cultivar.

The Stanley brothers now have both a protected variety and a recognizable brand, unlike their competitors, who often rely solely on aggressive and flashy marketing without any product differentiation.

The Charlotte’s Web variety was originally was created for Charlotte Figi, a young girl who suffers from Dravet syndrome, a severe form of childhood epilepsy. Now 12 years old, Charlotte was treated by her family with CBD until they discovered the specific effectiveness of this strain created by the Stanley brothers. The origin of the strain is unclear; it likely differs little from other strains with high CBD and low THC levels, but the brand’s highly effective marketing has enabled strong market penetration.

Charlotte’s Web grew 300 metric tons of hemp last year and distributes its products through 8,000 retail locations.