Law and Botany: An Entangled History

Laws of the Leaves: what can the criminalisation of marijuana & patenting of ayahuasca vine tell us about legal controversies and taxonomy?

It is commonly assumed that “the law’s destiny is simply to lag behind and respond to scientific and technological changes” (Sherman 2008). However, this lecture will explore some of the surprising ways in which botanical science and the law have interacted and influenced each other.

The lecture will focus on two case studies: the criminalisation of marijuana (Cannabis sativa) and the patenting of the ayahuasca vine (Banisteriopsis caapi). These controversial legal measures did not merely rely on taxonomists as passive supplier of information about these plants, but rather, spurred scientific activity and sometimes changed the direction of botanical research. By revisiting this history, the lecture will highlight the more complex and sometimes unexpected role of the law in provoking scientific controversies and recognising (or not recognising) scientific expertise.

Jocelyn Bosse is a Lecturer f Intellectual Property and Information Law at King's College London. Her research focuses on the law and politics of plant intellectual property and biodiversity regulations. She holds dual Bachelors of Laws and Science (Plant Science) from the University of Queensland, where she also undertook her PhD as part of the ARC Laureate Project, ‘Harnessing Intellectual Property to Build Food Security’.