plant named ‘cake batter cookies’

- Biotech Institute, LLC

The present invention provides a new and distinct cannabis cultivar designated as ‘CAKE BATTER COOKIES’. Disclosed herein are main terpenes of ‘CAKE BATTER COOKIES’, which are limonene, beta-caryophyllene, beta-pinene, linalool, alpha-humulene, alpha-pinene, fenchol, myrcene, alpha-bisabolol, and alpha-terpineol. Also, the present invention provides the estimated concentration of the THCmax, CBDmax, and CBGmax, about 6.5-14.21%, about 5.36-9.82%, and about 0.11-0.42%, respectively, at the time of assaying metabolites from flower samples of ‘CAKE BATTER COOKIES’.

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Description

Latin name of genus and species: Cannabis hybrid.

Variety denomination: ‘CAKE BATTER COOKIES’.

BACKGROUND OF THE INVENTION

The present invention relates to a new and distinct cannabis cultivar designated as ‘CAKE BATTER COOKIES’.

This new cultivar is the result of controlled-crosses between proprietary cultivars made by the inventors. The new cultivar of ‘CAKE BATTER COOKIES’ was asexually reproduced via a stem ‘cutting’ and ‘cloning’ method by the inventors at Salinas, Calif. Asexual clones from the original source have been tested in greenhouses, nurseries, and/or fields. The properties of each cultivar were found to be transmissible by such asexual reproduction. The cultivar is stable and reproduces true to type in successive generations of asexual reproduction.

TAXONOMY AND NOMENCLATURE

Cannabis, more commonly known as marijuana, is a genus of flowering plants that includes at least three species, Cannabis saliva, Cannabis indica, and Cannabis ruderalis as determined by plant phenotypes and secondary metabolite profiles. In practice however, cannabis nomenclature is often used incorrectly or interchangeably. Cannabis literature can be found referring to all cannabis varieties as “salivas” or all cannabinoid producing plants as “indicas”. Indeed the promiscuous crosses of indoor cannabis breeding programs have made it difficult to distinguish varieties, with most cannabis being sold in the United States having features of both sativa and indica species.

Human cultivation history of Cannabis dates back 8000 years (Schultes, R E., 1970, Random thoughts and queries on the botany of Cannabis. Pages 11-38 in: C R B Joyce, and S H Curry eds., THE BOTANY AND CHEMISTRY OF CANNABIS. J. & A. Churchill. London, England). Hemp cloth recovered in Europe dates back 6000 years (Small, E, Beckstead, H D, and Chan, A, 1975, The evolution of cannabinoid phenotypes in Cannabis, ECONOMIC BOTANY 29(3):219-232). The written record of the pharmacologic properties of Cannabis goes back more than 4000 years (Ti, H. 2737 BC. NEI JING SU WEN HUANG TI, Yellow Emperor's Classic on Internal Medicine; referred to without citation in Small et al. 1975 Supra).

The taxonomy and nomenclature of the highly variable genus Cannabis (Emboden, W A, 1974, ECONOMIC BOTANY 28(3):304-310; Small, E and Cronquist, A, 1976, TAXON 25(4):405-435; Small E and Cronquist, A, 1977, TAXON 26(1):110; Hillig, K W and Mahlberg, P G, 2004, American Journal of Botany 91(6):966-975), remains in question. This is in spite of the fact that its formal scientific name, ‘Cannabis sativa L.’, assigned by Carolus Linneaus (Linnaeus, C, 1753, SPECIES PLANTARUM 2:1027, Salvius, Stockholm, Facsimile edition, 1957-1959, Ray Society, London, U.K.), is one of the oldest established names in botanical history and is still accepted to this day. Another species in the genus, ‘Cannabis indica Lam.’ was formally named somewhat later (de Lamarck, J B, 1785, ENCYCLOPEDIE METHODIQUE DE BOTANIQUE, 1(2):694-695), but is still very old in botanical history. In 1785, Jean-Baptiste Lamarck published a description of a second species of Cannabis, which he named Cannabis indica. Lamarck based his description of the newly named species on plant specimens collected in India. C. indica was described as relatively short, conical, and densely branched, whereas C. saliva was described as tall and laxly branched (Schultes R. E. et al, 1974, Harvard University Botanical Museum Leaflets, 23:337-367). C. indica plants were also described as having short. broad leaflets whereas those of C. saliva were characterized as relatively long and narrow (Anderson L. C., 1980, Harvard University Botanical Museum Leaflets, 28:61-69). C. indica plants conforming to Schultes' and Anderson's descriptions may have originated from the Hindu Kush mountain range. Because of the often harsh and variable (extremely cold winters, and warm summers) climate of those parts, C. indica is well-suited for cultivation in temperate climates.

Three other species names were proposed in the 1800s to distinguish plants with presumably different characteristics (C. macrosperma Stokes, C. chinensis Delile, C. gigantean Vilmorin), none of which are accepted today, although the epithet “indica” lives on as a subspecies of C. sativa (‘C. sativa ssp. indica Lam.’, Small and Cronquist 1976 Supra).

In the 20th century, two new names were added to the liturgy of proposed ‘Cannabis species: C. ruderalis’ Janischevsky and a hybrid, x‘C. intersita’ Sojak. (Small, E, Jui, P Y, and Lefkovitch, L P, 1976, SYSTEMATIC BOTANY 1(1):67-84; Small and Cronquist 1976 Supra). Further, numerous names have been proposed for horticultural variants of ‘Cannabis’ but as of 1976, “very few of these have been validly published as formal taxa under the International Code of Botanical Nomenclature.” Small and Cronquist 1976 Supra. Moreover, other recent work continues to focus on higher-order evolutionary relationships of the genus. Cannabis has been variously ascribed as belonging to mulberry family (Moraceae) (Engler, H G A, Ulmaceae, Moraceae and Urticaceae, pages 59-118 in: A. Engler and K. Prantl eds., 1889, DIE NATURLICHEN PFLANZENFAMILIEN 3(1). W. Engelmann, Leipzig, Germany; Judd, W S, Sanders, R W, and Donoghue, M J, 1994, HARVARD PAPERS IN BOTANY 5:1-51; Humphries, C J and Blackmore, S, A review of the classification of the Moraceae, pages 267-277 In: Crane and Blackmore 1989 id.); nettle family (Urticaceae) (Berg, C C, Systematics and phylogeny of the Urticales, pages 193-220, in: P. R. Crane and S. Blackmore eds., 1989, EVOLUTION, SYSTEMATIC, AND FOSSIL HISTORY OF THE HAMAMELIDAE, VOL. 2, HIGHER HAMAMELIDAE, Clarendon Press, Oxford, U.K.); and most recently in its own family with hops (Humulus), Cannabaceae, or hemp family (Sytsma, K J, et al, 2002, AMERICAN JOURNAL OF BOTANY 89(9):1531-1546). While the work of Small and Cronquist 1976 Supra, seemed to effectively confine the genus to a single species with 2 subspecies (C. sativa s., C. s. indica), each with two varieties (C. s. s. var. sativa, C. s. s. var. spontanea; C. s. i. var. indica, C. s. i. var. Kafiristanica) largely on the basis of chemotaxonomy and interfertility of all forms, more recent work (Sytsma et al. 2002 Supra), proposes a two-species concept, resurrecting the binomial C. indica Lam. Since Sytsma et al. (2002) provides no key for discriminating between the species, the dichotomous key of Small and Cronquist (1976), which accounts for all forms in nature, whether wild or domesticated, is preferred to classify the characteristics of the plants.

BRIEF SUMMARY OF THE INVENTION

This invention relates to a new and distinctive cannabis cultivar designated as ‘CAKE BATTER COOKIES’.

The objective of the breeding program which produced novel plants disclosed herein was primarily to develop a cannabis cultivar with its unique blend of various cannabinoids and/or terpenes for (a) medicinal effects such as improving appetite and reducing nausea, vomiting and/or chronic pain, as well as neurological and cardiovascular effects, (b) psychoactive effects such as increased motivation and energetic behavior rather than indifference, passiveness and lethargy, and (c) recreational effects with enhanced enjoyment such as food and aroma.

As used herein, the term “cultivar” is used interchangeably with “variety”, “strain”, and/or “clone”.

Cannabis plants produce a unique family of terpeno-phenolic compounds. Cannabinoids, terpenoids, and other compounds are secreted by glandular trichomes that occur most abundantly on the floral calyxes and bracts of female plants. As a drug it usually comes in the form of dried flower buds (marijuana), resin (hashish), or various extracts collectively known as hashish oil. The cannabis plant has at least 545 distinct compounds that span 20 chemical classes including cannabinoids, terpenes, terpenoids, amino acids, nitrogenous compounds, simple alcohols, aldehydes, ketones, esters, lactones, acids, fatty acids, steroids, non-cannabinoid phenols, pigments, flavonoids, vitamins, proteins, enzymes, glycoproteins. and hydrocarbons. Terpenes and/or cannabinoids, in particular, have shown great potential in terms of medicinal value.

Terpenes and/or cannabinoids have been shown to be largely responsible for beneficial effects of a cannabis plant. In fact, each cannabis plant has the varying concentrations of medically viable compounds depending on different strains (genotypes) and their resulting chemotypes. Even a small variation in terpene and/or cannabinoid concentration can cause noticeable differences in the entourage and/or synergistic effects of a cannabis plant, which distinguishes one variety from another. Research shows that it relies heavily on the physiological effects produced by terpenes and/or cannabinoids.

Over 100 different kinds of terpenes have been identified in cannabis plants although not being as well-studied as cannabinoids, they are instrumental in giving rise to the physiological and psychoactive effects in cannabis.

Terpenes are a large and diverse class of organic compounds, produced by a variety of plants. They are often strong smelling and thus may have had a protective function. Terpenes are an important component, not only influencing taste and smell of each cannabis strain but also influencing its effects on the mind and body of a subject such as humans and animals. Terpenes are a classification of organic molecules that are found in a wide variety of plants and animals. These molecules are known for their characteristic scents and flavors. The varying terpene concentrations found in cannabis plants directly influence the resulting taste and smell, as well as the observed effects. Non-limiting examples of terpenes include Hemiterpenes, Monoterpenes, Sesquiterpenes, Diterpenes, Sesterterpenes, Triterpenes, Sesquarterpenes, Tetraterpenes, Polyterpenes, and Norisoprenoids. The main terpenes found in cannabis plants include, but are not limited to, myrcene, limonene, caryophyllene, pinene, terpinene, terpinolene, camphene, terpineol, phellandrene, carene, humulene, pulegone, sabinene, geraniol, linalool, fenchol, borncol, cucalyptol, and neiolidul.

Cannabinoids are the most studied group of the main physiologically active secondary metabolites in cannabis. The classical cannabinoids are concentrated in a viscous resin produced in structures known as glandular trichomes. At least 113 different cannabinoids have been isolated from cannabis plants. The main classes of cannabinoids from cannabis include tetrahydrocannabinol (THC), cannabidiol (CBD), cannabigerol (CBG), and cannabinol (CBN). Cannabinoid can be at least one of a group comprising tetrahydrocannabinol (THC), cannabidiol (CBD), cannabigerol (CBG), cannabinol (CBN) cannabichromene (CBC), cannabinodiol (CBDL), cannabicyclol (CBL), cannabivarin (CBV), tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), cannabigerovarin (CBGV), cannabichromevarin (CBCV), cannabigerol monomethyl ether (CBGM), cannabielsoin (CBE), cannabicitran (CBT), cannabinol propyl variant (CBNV), cannabitriol (CBO), tetrahydrocannabinolic acid (THCA), tetrahydrocannabivarinic acid (THCVA), cannabidiolic acid (CBDA), cannabigerolic acid (CBGA) and cannabinerolic acid.

Most cannabinoids exist in two forms, as acids and in neutral (decarboxylated) forms. The acidic form of cannabinoids is designated by an “A” at the end of its acronym (i.e. THCA). The cannabinoids in their acidic forms (those ending in “-A”) can be converted to their non-acidic forms through a process called decarboxylation when the sample is heated. The phytocannabinoids are synthesized in the plant as acidic forms. While some decarboxylation does occur in the plant, it increases significantly post-harvest and the kinetics increase at high temperatures (Flores-Sanchez and Verpoorte, 2008, Plant Cell Physiol. 49(12): 1767-1782). The biologically active forms for human consumption are the neutral forms. Decarboxylation is usually achieved by thorough drying of the plant material followed by heating it, often by combustion, vaporization, heating, or baking in an oven. Unless otherwise noted, references to cannabinoids in a plant include both the acidic and decarboxylated versions (e.g., CBD and CBDA).

The molecules lose mass through the process of decarboxylation. In order to find the total theoretical active cannabinoids, the acid forms should be multiplied by 87.7%. For example, THCA can be converted to active THC using the formula: THCA×0.877=THC. The maximum THC for the sample is: THCmax=(THCA×0.877)+THC. This method has been validated according to the principles of the International Conference on Harmonization. Similarly, CBDA can be converted to active CBD and the yield is determined using the yield formula: CBDA×0.877=CBD. Also the maximum amount of CBD yielded, i.e. max CBD for the sample is: CBDmax=(CBDA×0.877)+CBD. Additionally, CBGA can be converted to active CBG by multiplying 87.8% to CBGA. Thus, the maximum amount of CBG is: CBGmax=(CBGA×0.878)+CBG.

The biologically active chemicals found in plants, phytochemicals, may affect the normal structure or function of the human body and in some cases treat disease. The mechanisms for the medicinal and psychoactive properties of a cannabis plant, like any medicinal herb, produce the pharmacologic effects of its phytochemicals, and the key phytochemicals for a medical cannabis plant are cannabinoids and terpenes.

Δ9-Tetrahydrocannabinol (THC) is a psychoactive cannabinoid responsible for many of the effects such as mild to moderate pain relief, relaxation, insomnia and appetite stimulation. THC has been demonstrated to have anti-depressant effects. The majority of strains range from 12-21% THC with very potent and carefully prepared strains reaching even higher. While Δ9-Tetrahydrocannabinol (THC) is also implicated in the treatment of disease, the psychotropic activity of THC makes it undesirable for some patients and/or indications.

Tetrahydrocannabinol, THC, is the primary psychoactive and medicinal cannabinoid and is the result of the decarboxylation of tetrahydrocannabinolic acid (THCA), its acidic precursor. THCA, (6ar,10ar)-1-hydroxy-6,6,9-trimethyl-3-pentyl-6a,7,8,10a-tetrahydro-6h-benzochromene-2-carboxylic acid, is found in the trichomes of the plant and converted into THC, which actually exists in only minute quantities in the living plant, after harvest and drying.

Cannabidiol (CBD) is one of the principal cannabinoids found in a cannabis plant and is largely considered to be the most medically significant. CBD occurs in many strains, at low levels, <1%. In some cases, CBD can be the dominant cannabinoid, as high as 15% by weight. CBD is non-psychoactive, meaning that unlike THC, CBD does not cause a noticeable “high”. CBD has shown potential for medical properties in the treatment of a wide variety of diseases and symptoms, including cancer, nausea, chronic pain, spasms, seizures/epilepsy, anxiety, psoriasis, Crohn's disease, rheumatoid arthritis, diabetes, schizophrenia, post-traumatic stress disorder (PTSD), alcoholism, strokes, multiple sclerosis, and cardiovascular disease. CBD also has been reported to act as a muscle relaxant, antibiotic, anti-inflammatory, and bone stimulant, as well as to improve blood circulation, cause drowsiness, and protect the nervous system. It can provide relief for chronic pain due to muscle spasticity, convulsions and inflammation, as well as effective relief from anxiety-related disorders. It can offer relief for patients with Multiple Sclerosis (MS), Fibromyalgia and Epilepsy. CBD has also been shown to inhibit cancer cell growth when injected into breast and brain tumors in combination with THC.

A cannabis cultivar can be used to achieve the desire of patients to be treated with CBD without the adverse side-effects (e.g., psychoactivity) of THC.

Cannabichromene (CBC) is a rare, non-psychoactive cannabinoid, usually found at low levels (<1%) when present. It has been shown to have anti-depressant effects and to improve the pain-relieving effects of THC. Studies have demonstrated that CBC has sedative effects such as promoting relaxation.

Cannabidiol (CBD) and cannabichromene (CBC) are both non-psychoactive and end products of CBG metabolism, like THC, so that they can be used medically.

Cannabigerol (CBG) is a non-psychoactive cannabinoid. CBG-acid is the precursor to both THC-acid and CBD-acid in the plant usually found at low levels (<1%) when present. It has been demonstrated to have both pain relieving and inflammation reducing effects. CBG reduces intraocular pressure, associated with glaucoma. CBG has been shown to have antibiotic properties and to inhibit platelet aggregation, which slows the rate of blood clotting. While Cannabigerol (CBG), is not considered psychoactive, it is known to block the psychoactive effects of THC and is considered medically active in a variety of conditions. Its precursor, cannabigerolic acid, CBGA, (E)-3-(3,7-Dimethyl-2,6-octadienyl)-2,4-dihydroxy-6-pentylbenzoic acid, is being studied medically.

Cannabinol (CBN) is an oxidative degradation product of THC. It may result from improper storage or curing and extensive processing, such as when making concentrates. It is usually formed when THC is exposed to UV light and oxygen over time. CBN has some psychoactive properties, less strength than THC. CBN is thought to enhance the dizziness and disorientation that users of cannabis may experience. It may cause feelings of grogginess, but has been shown to reduce heart rate.

High potency cannabis plants contain large quantities of specific terpenes as well as various assortments of other terpenes. For instance, a cannabis plant may have a profile with either a high level of, a moderate amount of, or a small amount of various terpenes depending on its cultivar and environmental conditions.

Various cultivars of ‘Cannabis’ species have been cultivated in an effort to create a cultivar best suited to meet the interest of inventors according to their own need. The particular plant disclosed herein was discovered in the area where the inventors were intentionally cross-pollinating and cultivating plants described below using standard Mendelian breeding procedures well known to those of ordinary skill in the art. This resulted in the progenies of the inventors' crosses.

The progenies resulting from any selection stage of either the crossing, selfing or backcrossing versions of the breeding regimes of the present invention were asexually reproduced to fix and maintain the desirable THC content, CBs content, terpenes content, the aroma and flavor(s) typical of the desired class, and the other desirable phenotypic and/or genotypic characteristics. The resultant selected cannabis cultivar is designated as ‘CAKE BATTER COOKIES’ disclosed herein.

The inventors reproduced progenies asexually by stem cutting and cloning. This is the origin of this remarkable new cultivar. The plant has been and continues to be asexually reproduced by stem cutting and cloning at the inventors' greenhouses, nurseries and/or fields in Salinas, Calif., Oakland, Calif., and/or Washington, D.C.

The following are the most outstanding and distinguishing chemical characteristics of this new cultivar when grown under normal conditions in Salinas, Calif. Chemical analyses of the new cannabis variety and the check variety (or the parental varieties) disclosed herein were performed using standard chemical separation techniques well known to those skilled in the art. Samples for assaying were obtained from flower tissues of the cannabis plant disclosed herein. Cannabinoid composition of this cultivar can be determined by assaying the concentration of at least one cannabinoid in a subset (e.g., sample) of the harvested product.

Table 1 includes detailed information of the cannabis plant named ‘CAKE BATTER COOKIES’ including the concentration ranges of terpenes and cannabinoids as tested on flowers sampled on at least four different dates. The cannabis plant has been tested in a laboratory setting and/or facility to determine cannabinoids and terpenes concentrations in the cannabis plant named ‘CAKE BATTER COOKIES’ according to the procedures provided in Giese et al. (Journal of AOAC International (2015) 98(6):1503-1522).

    • 1) The main terpenes found in ‘CAKE BATTER COOKIES’ are limonene, beta-caryophyllene, beta-pinene, linalool, alpha-humulene, alpha-pinene, fenchol, myrcene, alpha-bisabolol, and alpha-terpineol; and
    • 2) The estimated concentration of the total THCmax, CBDmax, and CBGmax is about 6.50-14.21%, about 5.36-9.82%, and about 0.11-0.42%, respectively, at the time of assaying metabolites from flower samples of ‘CAKE BATTER COOKIES’.

Terpene and cannabinoid profiles of ‘CAKE BATTER COOKIES’ demonstrate that ‘CAKE BATTER COOKIES’ has a phenotypically unique profile, particular insofar as to the level of terpenes and cannabinoids. This data is presented in tabular form in Table 1.

TABLE 1 Ranges of Active Cannabinoids and Terpenes Ranges of Active Cannabinoids (Vo by weight) Max THC 6.50- Max CBD 5.36- Max CBG 0.11- 14.21% 9.82% 0.42% Ranges of Terpenes (% by weight) thujene 0.00% gamma- 0.00% hexyl 0.00- terpinene hexanoate 0.03% alpha-pinene 0.07- linalool oxide 0.00- octyl butyrate 0.00- 0.14% 0.04% 0.03% camphene 0.01- terpinolene 0.00- beta- 0.16- 0.03% 0.02% caryophyllene 0.33% sabinene 0.00% fenchone 0.00- alpha- 0.09- 0.02% humulene 0.17% beta-pinene 0.09- linalool 0.01- cis-nerolidol 0.02- 0.18% 0.18% 0.04% myrcene 0.03- fenchol 0.05- trans-nerolidol 0.02- 0.09% 0.10% 0.04% alpha- 0.00% caryophyllene 0.02- phellandrene oxide 0.03% carene 0.00% camphor 0.00- alpha- 0.04- 0.02% bisabolol 0.07% alpha- 0.00% isoborneol 0.00% nerol 0.00% terpinene limonene 0.48- (−) borneol 0.01- geraniol 0.00% 1.02% 0.02% beta- 0.00% menthol 0.00- geranyl- 0.00% phellandrene 0.02% acetate cineole 0.00% hexyl 0.00% methyl- 0.00% butyrate eugenol cis-ocimene 0.00% alpha- 0.01- Total Terpenes 1.22- terpineol 0.07% 2.61% trans-ocimene 0.00- citronellol 0.00- 0.04% 0.01%

The cannabis plant named ‘CAKE BATTER COOKIES’ has a complement of terpenes, including but not limited to, relatively high levels of limonene, beta-caryophyllene, beta-pinene, linalool, alpha-humulene, alpha-pinene, fenchol, myrcene, alpha-bisabolol, and alpha-terpineol compared to other terpene compounds. This unique combination of differently concentrated terpenes further distinguishes ‘CAKE BATTER COOKIES’ from other varieties in its odor, its medical qualities, and its effects on mood and mentation.

Asexual Reproduction

Asexual reproduction, also known as “cloning”, is a process well known to those of ordinary skill in the art of cannabis production and breeding and includes the following steps.

The cannabis cultivar disclosed herein is asexually propagated via taking cuttings of shoots and putting them in rock wool cubes. These cubes are presoaked with pH adjusted water and kept warm (˜80° F.). Full trays are covered, left under 18 hours of light and allowed to root (7-14 days). Upon root onset, the plantlets are transplanted into rigid 1 gallon containers filled with a proprietary soil mix A and remain in 18 hours of daylight for another 14-21 days. Once root-bound, plants are transplanted into rigid 3 gallon containers filled with proprietary soil mix B. Immediately, the light cycle is altered to 12/12 and flower initiating begins. The plants remain in 12/12 lighting until harvesting. They undergo a propriety nutrient regimen and grow as undisturbed as possible for 60-70 days depending on chemotype analysis.

All sun leaves are removed and the plant is dismantled to result in approximately 12″ branches covered in inflorescences and trichomes. The goal in harvesting is to actually harvest trichome heads but not ‘buds’. Thus, great care is taken not to disturb the trichome heads and as much of the plant remains intact as possible to promote even and slow drying. Slow drying is followed by a one to two months curing process.

Observation of the all female progenies of the original plant has demonstrated that this new and distinct cultivar has fulfilled the objectives and that its distinctive characteristics are firmly fixed and hold true from generation to generation vegetatively propagated from the original plant.

Under careful observation, the unique characteristics of the new cultivar have been uniform, stable and reproduced true to type in successive generations of asexual reproduction.

DESCRIPTION OF THE DRAWINGS

The accompanying color photographs depict characteristics of the new ‘CAKE BATTER COOKIES’ plants as nearly true as possible to make color reproductions. The overall appearance of the ‘CAKE BATTER COOKIES’ plants in photographs is shown in colors that may differ slightly from the color values described in the detailed botanical description.

FIG. 1 shows an overall view of the ‘CAKE BATTER COOKIES’ plant from the side.

FIG. 2A shows a close view of a single leaf of the check variety BLK03 plant.

FIG. 2B shows a close view of a single leaf of the new variety ‘CAKE BATTER COOKIES’ plant.

FIG. 3A shows top parts (including inflorescence) of the BLK03 plant from the side.

FIG. 3B shows top parts (including inflorescence) of the ‘CAKE BATTER COOKIES’ plant from the side.

FIG. 4 shows another view of top parts (including inflorescence) of the ‘CAKE BATTER COOKIES’ plant from the side.

FIG. 5 shows a close view of flowers of the ‘CAKE BATTER COOKIES’ plant at the mid flowering stage.

FIG. 6 shows another close view of flowers of the ‘CAKE BATTER COOKIES’ plant at the mid flowering stage.

DETAILED BOTANICAL DESCRIPTION

‘CAKE BATTER COOKIES’ has not been observed under all possible environmental conditions, and the phenotype may vary significantly with variations in environment. The following observations, measurements, and comparisons describe this plant as grown at Salinas, Calif., when grown in the greenhouse, nursery or field, unless otherwise noted.

Plants for the botanical measurements in the present application are annual plants. In the following description, the color determination is in accordance with The Royal Horticultural Society Colour Chart, 2007 Edition, except where general color terms of ordinary dictionary significance are used.

The cannabis plant disclosed herein was derived, from female and male parents that are internally designated as below.

A GNBR internal Code of the cannabis plant named ‘CAKE BATTER COOKIES’ is K1.20.17. The variety name of ‘CAKE BATTER COOKIES’ is P08.BX.K1 x 16.81.20.17. ‘CAKE BATTER COOKIES’ is a fertile hybrid derived from a controlled-cross between two proprietary cultivars; (i) P08.BX.K1 (pollen acceptor; female parent) also known as K1 and (ii) P08.S1.16xP08.S1.81.20 (pollen donor; male parent) also known as 1681.20. A GNBR Breeding Code of ‘CAKE BATTER COOKIES’ is (P08.BX.K1)x(P08.S1.16xP08.S1.81.20).17. The additional number ‘.17’ was only assigned to an individual plant (i.e. ‘CAKE BATTER COOKIES’) selected from hybrid progenies of the cross event between pollen acceptor (P08.BX.K1) and pollen donor (P08.S1.16xP08.S1.81.20). The initial cross between two parental cultivars was made in April 2016. The phenotypic criteria to select a new and distinct cannabis cultivar disclosed herein is as follows: structure score, nose/organoleptic, mold susceptibility/resistance, and insect susceptibility/resistance. Also, the first asexual propagation of ‘CAKE BATTER COOKIES’ occurred on Feb. 10, 2017 in Salinas, Calif.

The following traits in combination further distinguish the cannabis cultivar ‘CAKE BATTER COOKIES’ from the check variety ‘BLK03’, which is set as a standard for phenotypic comparison. Tables 2 to 6 present phenotypic traits and/or characteristics of ‘CAKE BATTER COOKIES’ compared to the check variety ‘BLK03’ as follows. All plants were raised together and evaluated when 100 days old (i.e., 25 days in vegetative stage, 15 days in propagation stage, and 60 days in flowering times).

TABLE 2 General Characteristics Characteristics New Variety Check Variety (BLK03) Plant life An herbaceous plant (herb) An herbaceous plant forms (herb) Plant growth An upright, tap-rooted annual An upright, tap-rooted habit plant; forming fibrous roots annual plant; forming when asexually propagated fibrous roots when asexually propagated Plant origin A controlled-cross between A controlled-cross pollen acceptor (P08.BX.K1) between pollen acceptor and pollen donor (GLD13) and pollen (P08.S1.16 × P08.S1.81.20) donor (BSIA) Plant Asexually propagated by Asexually propagated by propagation cuttings and cloning cuttings and cloning Propagation Moderate Moderate ease Height 1.5-2.5 m 0.5-2.5 m Width 162 cm 119.5 cm Plant vigor High Medium Time to 11 weeks 8 weeks Harvest (Seed to Harvest) Resistance to Resistant to pest as follows; (1) Non-Resistant to two pests two-spotted spider mite spotted spider mite or diseases (Tetranychus urticae) (Koch); or aphids, white- (2) Aphids species such as: fly, but resistant to Cannabis Aphids (Phorodon Lepidoptera species cannabis), Green Peach Aphid (Myzus persicae) (Sulzer), Foxglove Aphid (Aulacorthum solani), Peach Aphid (Macrosiphum euphorbiae), Black Bean Aphid (Aphis fabae); (3) Whitefly (Trialeurodes vaporariorum; (4) Lepidoptera species such as: Armyworm (Spodoptera frugiperda), Cabbage Whites (Pieris rapae), Painted Lady (Vanessa cardui), Lepidoptera sp.; (5) Leaf Miner (Liriomyza sativae) Resistant to diseases as follows; Botrytis/Flower Rot (Botrytis cinerea), Powdery Mildew (Podosphaera xanthii) Genetically- NO NO modified organism

TABLE 3 Leaf/Foliage Characteristics New Variety Check Variety (BLK03) Leaf Alternate Alternate arrangement Leaf shape Palmately compound with Palmately compound overlapping leaflets Leaf structure Linear-lanceolate Linear-lanceolate leaflet blades leaflet blades with glandular hairs with glandular hairs Leaf margins Dentate, coarsely Dentate, coarsely serrated. and the teeth serrated, and the teeth point away from the tip point away from the tip Leaf hairs Present on both upper Present on both upper and lower surfaces and lower surfaces Leaf length with 27.9 cm 16.6 cm petiole at maturity Leaf width at 10.6-18.3 cm 10.7 cm maturity Petiole length at 8.8 cm 6.5 cm maturity Petiole color 150D 140C (RHS No.) Intensity of Medium (early on in Medium (vegetative stage); petiole vegetative growth); very strong (late anthocyanin strong (during flowering stage) flower maturation) Stipule length at 0.8 cm 0.7 cm maturity Stipule shape Elliptical Elliptical Stipule color 134B 149B (RHS No.) No. of leaflets 5-7 5-7 Middle largest 19.7 cm 9.8 cm (longest) leaflet length Middle largest 4.2 cm 2.3 cm (longest) leaflet width Middle largest 19.7:4.2 9.8:2.3 (longest) leaflet length/width ratio No. teeth of 33 25 middle leaflet (average) Leaf (upper 132B 132A side) color (RHS No.) Leaf (lower 134C 134D side) color (RHS No.) Leaf glossiness Moderate Strong Vein/midrib Obliquely continuous Obliquely continuous shape throughout leaflet throughout leaflet Vein/midrib N144C 144C color Aroma Floral, lavender Spicy

TABLE 4 Stem Characteristics New Variety Check Variety (BLK03) Stem shape Hollow, ribbed, large Hollow, ribbed, textured Stem diameter 5.5 cm 2.8 cm at base Stem color 150D N144D (RHS No.) Depth of main Medium Absent stem ribs/grooves Internode length 5.7-14.2 cm 2.4-4.9 cm

TABLE 5 Inflorescence (Female/Pistillate Flowers) Characteristics New Variety Check Variety (BLK03) Flowering Elongated compound cymes, Elongated compound (blooming) from 0.5 m-1.5 m in length cymes, from habit 0.5 m-1.2 m in length Proportion of 100% pistillate 100% pistillate female plants Inflorescence Above Even position Flower Cymose Cymose (terminal arrangement bud matures, while thereafter) lateral flowers mature Number of 85-130 per cyme 80-120 per cyme flowers per plant Flower shape Calcarate-urceolate Calcarate-urceolate Flower 0.7 cm 0.7 cm (individual pistillate) length Flower 4.9 cm 3.8 cm (compound cyme) diameter Corolla size 0.12-0.48 cm 0.08-0.25 cm Corolla Color n/a n/a (RHS No.) Bract shape Urceolate Urceolate Bract size 0.1-0.8 cm 0.2-0.8 cm Bract color 134B N134C (RHS No.) Calyx shape No defined calyx No defined calyx Calyx color n/a n/a (RHS No.) Stigma shape Acute and Round Acute Stigma length 3.0 mm 2.2 mm Stigma color 42C 159D (RHS No.) Trichome shape Capitate-stalked glandular Capitate-stalked Trichome color 157A before harvest, at glandular 157A at (RHS No.) approximately day 40 of day 40 in flowering flowering Other types of Capitate sessile trichomes Capitate sessile tri- trichomes are present on the leaves chomes are present of plants, as well on the leaves of plants, as being noticed in the as well as being flowers(color: 157A at noticed in the flowers day 45 in flowering). (color: 157A at day 40 in flowering). During later flowering, i.e. During later flowering, day 50 to day 70 in flowering, i.e. day 48 to day 60 in the capitate stalked trichomes flowering, capitate are present (color: N30B). stalked trichomes are present (color: N30B). Bulbous and non-glandular trichomes are also present and most noticeable on the petioles, stems, and leaves (color: 157A). Terminal bud Oblong Oblong shape Terminal bud 131C 203C color (RHS No.) Pedicel Absent Absent Staminate shape No staminate No staminate flowers produced flowers produced naturally; however, naturally; however, male flower (staminate) male flower (staminate) can be induced with can be induced with chemical compounds chemical compounds (such as silver nitrate (such as silver nitrate and silver thiosulphate and silver thiosulphate anionic complex). anionic complex). Pollen Absent Absent description Seed shape Smooth and globular Smooth and globular Seed size/length 1.8-2.4 mm 1.8-2.3 mm Marbling of Weak; absent (some seeds) Absent (non-existent) seed Petal Apetalous Apetalous description Max THC About 6.50-14.21% About 18.88-19.37% content Max CBD About 5.36-9.82% 0.00% content Max CBG About 0.11-0.42% About 0.84-0.91% content n/a: not available

TABLE 6 Other Characteristics Check Variety Characteristics New Variety (BLK03) Time period and 8-10 weeks 7-9 weeks condition of flowering/ blooming Hardiness of Hardy to 25° F.-ambient Hardy to 25° F.-ambient plant temperature temperature Breaking action Flexible, highly resistant Strong, non-flexible tobreakage Rooting rate 99%-vigorous 70%-moderate after cutting/cloning Types of Stem Stem Cutting for Cloning Shipping quality High Moderate if available Storage life if Long (6-9 months with Medium (2-6 months available minor changes in physical with minor changes in appearance and/or smell/ physical appearance taste); minor decrease and/or smell/taste) in green coloration Market use Medicinal n/a Productivity of Approximately 0.227-1.134 Approximately flower if kg can be produced per plant, 0.14-0.45 kg can available dependent on finished plant be produced per plant; size (1.3-3.2 m); Growing dependent on finished conditions/environment will size (0.6-1.2 m); dictate final yield/output Growing conditions/ environment will dictate final yield/ output n/a: not available

In general, ‘CAKE BATTER COOKIES’ is larger in height than both parents, K1 (a.k.a P08.BX.K1) and 1681.20 (a.k.a P08.S1.16xP08.S1.81.20). ‘CAKE BATTER COOKIES’ is more robust in terms of growing performance, time to rooted clones, and time to flower maturity. Also, ‘CAKE BATTER COOKIES’ has greater resistance to pest and disease, stronger branches, thicker stems, greater flexibility, and higher yielding. ‘CAKE BATTER COOKIES’ clearly demonstrates hybrid vigor, and outperforms both parents overall. Chemically, ‘CAKE BATTER COOKIES’ has a higher cannabinoid content, a higher THC:CBD ratio as well as a higher terpene content than either parent.

When ‘CAKE BATTER COOKIES’ is compared to the check variety ‘BLK03’, ‘CAKE BATTER COOKIES’ is wider than ‘BLK03’ in plant width. ‘CAKE BATTER COOKIES’ shows higher plant vigor than ‘BLK03’. In general, ‘CAKE BATTER COOKIES’ has a longer leaf length including petiole than ‘BLK03’. Also, ‘CAKE BATTER COOKIES’ has longer and wider leaflets than ‘BLK03’ when comparing the middle largest leaflet length and width. Additionally, ‘CAKE BATTER COOKIES’ has more teeth numbers in middle leaflet than ‘BLK03’. Regarding the petiole length, ‘CAKE BATTER COOKIES’ is longer than ‘BLK03’ at maturity. Regarding stem diameter at base, ‘CAKE BATTER COOKIES’ is longer than ‘BLK03’. When comparing the compound cyme diameter, ‘CAKE BATTER COOKIES’ is also longer than ‘BLK03’. With respect to aroma, ‘CAKE BATTER COOKIES’ have a floral lavender odor, while ‘BLK03’ has a generally spicy odor.

When ‘CAKE BATTER COOKIES’ is compared to the known cannabis plant named ‘ECUADORIAN SATIVA’ (U.S. Pat. No. 27,475), there are several distinctive characteristics. For example, overall form of ‘CAKE BATTER COOKIES’ plant is wider than the ‘ECUADORIAN SATIVA’ plant at the widest point. ‘CAKE BATTER COOKIES’ plant has a longer middle leaflet (without petiole) and whole leaf (with petiole) length than the ‘ECUADORIAN SATIVA’ plant. Also, ‘CAKE BATTER COOKIES’ plant has a wider middle leaflet and whole leaf width than the ‘ECUADORIAN SATIVA’ plant. Regarding stem diameter at base, ‘CAKE BATTER COOKIES’ is longer than ‘ECUADORIAN SATIVA’. While the aroma of ‘ECUADORIAN SATIVA’ is strongly mephitic with hints of limonene, ‘CAKE BATTER COOKIES’ has a floral lavender smell. When comparing total THC content between ‘CAKE BATTER COOKIES’ and ‘ECUADORIAN SATIVA’, the total THC content of ‘CAKE BATTER COOKIES’ is between 6.50-14.21%, while ‘ECUADORIAN SATIVA’ accumulates 12.45% total THC.

Claims

1. A new and distinct cultivar of Cannabis plant named ‘CAKE BATTER COOKIES’ substantially as shown and described herein.

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Patent History
Patent number: PP31752
Type: Grant
Filed: Aug 1, 2018
Date of Patent: May 12, 2020
Patent Publication Number: 20190183004
Assignee: Biotech Institute, LLC (Westlake Village, CA)
Inventors: Mark A. Lewis (Westlake Village, CA), Steven Haba (Westlake Village, CA)
Primary Examiner: June Hwu
Application Number: 15/998,287
Classifications
Current U.S. Class: Commercial Herbaceous Vegetable Or Herb Plant (PLT/258)
International Classification: A01H 5/02 (20180101); A01H 6/28 (20180101); A61K 36/185 (20060101);