uy) United States 2) Plant Patent Application Publication Lewis et al. PL ao) Pub, No.: US 2019/0183004 P1 (43) Pub. Date Jun. 13, 2019 (54) CANNABIS PLANT NAMED °CAKE BATTER? (71) Applicant: Biotech Institute LLC, Westlake Village, CA (US) (72) Inventors: Mark A. Lewis, Westlake Village, CA (US): Steven Haba, Westlake Villoe caw) (21) Appl. No. 189998,287 (22) Filed: Aug. 1, 2018 Related U.S. Application Data (60) Provisional application No. 62/596,561, ile on Dee. 8, 2017, CROSS-REFERENCE TO RELATED [APPLICATIONS 10001} ‘This application claims priority to, and the benefit ‘of US. Provisional Patent Application Ser. No. 621596,561 filed Dec. 8, 2017, which is hereby incorporated by refer ‘ence in its eatirety for all purposes. 10002] Latin name of genus and species: Combis hybrid (nixed background). 10003] Variety denomination: “CAKE BATTER’ BACKGROUND OF THE INVENTION 10003] The present invention relates to a new and distinct ‘cannabis caltvar designated as "CARB BATTER’ 0005] This new cultivars the result of controlled-crosses between proprietary cultivars made by the inventors. The new cultivar of CAKE BATTER’ was asexually eproduced via a “cutting” and “cloning” method by the inventors at Salinas, Cali, Asexual clones from the original source have been tested in greenhouses, nurseries, and/or fields, The properties of each cultivar Were fond wo be transmissible hy such asexual reproduction. The cultivar is stable and repro- ‘duoes true 1 Iype in successive generations of asexual reproduction, ‘TAXONOMY AND NOMENCLATURE, 10006} | Caynabis, more commonly known as marijuana, is ‘4 genus of lowering plants that includes at least three species, Cannabis satu, Camsabis indica, and Cannabis ruderais as determined by plant phenotypes and secondary Itabolite profiles. In practice however, cannabis nomen- ‘lature is often used incorrectly or interchangeably. Carona bis literature ean he found refering to all cannabis varieties 8 “sativus” or all cannabinoid producing plants as “ind ‘eas. Inded the promiscuous crosses of indoor cannabis breeding programs have made it difficult to distinguish varieties, wth most cannabis being sod inthe United States having Features of both sore andl indica species [0007] | Human cultivation history of Cannabis dates back 8000 years (Schultes, RE., 1970, Random thoughts and ‘queries on the botany of Cannabis, Pages 11-38 in: C RB. doyee, and SH Cuny eds, THE BOTANY AND CHEM- ISTRY OF CANNABIS. J & A. Churchill. London, Eng- Jand). Hemp cloth recovered in Europe dates back 6040 ‘years (Small, F, Beckstead, HD, and Chan, A, 1975, The ‘evolution of cannabinoid phenotypes in Cannabis, ECO Publication Classification 1) Ince. AOL 6228 201801) (52) US. C1 usp PLUG. on ABSTRACT The present invention provides a new and distinct cannabis cultivar designated as “CAKE BATTER’, NOMIC BOTANY 29(3): 219-232). The writen 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 Med cine; referred 10 without citation in Small eal 1975 Supra}. [008] The taxonomy and nomenclature of the highly variable genus Cannabis (Emboden, W A, 1974, BCO- NOMIC BOTANY 28(3):304-310: Smal, F and Cronguis A, 1976, TAXON 25(4):405-435; Small E and Cronguist, 1977, TANON 26(1): 110: Hillig, K W and Mabiberg,P G, 2004, American Journal of Botany 91(6}966-975), remains n question. This is in spite of the fact that its fomnal scientific name, “Cmabis sativa 1", 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 botanieal history and is sill accepted to this day. Another species in the genus, “Cannabis indica Lam.” was {ormally named somewhat Inter (de Lamarck, J B, 1785, ENCYCLOPEDIE METHODIQUE DE BOTANIQUE 1(2:604-695), but is still very old in botanical history. In 1785, Jean-Baptiste Lamarck published a description of second. species of Cannabis, which he named Cannabis indica, Lamarck based his description ofthe newly named species on plant specimens collected in India C. indica was eseribed as relatively short, conical, and densely branched, ‘whereas C. sativa was described as tall and lay branched (GSehultes R. F. et al, 1974 Harvard University Botanical ‘Museum Leaflets, 8: 337-867). C. indica planis were also described shaving short, broad leaflets whereas those of C, Sativa were chargterized a relatively long. and row (Anderson L, Cy. 1980, Harvard University Botanical ‘Museum Leaflets, 28: 61-69).C. indica plants conforming © Schultes” and Anderson's descriptions may have originated {rom the Hindy Kush mountain range. Because of the often hrs and variable (extremely cold winters, and warm sum- srs) climate of those pars, C. indica is well-sited for cultivation in temperate climates. [0009] Thrse other species names were proposed in the 1800s to distinguish plans with presumably differet hse- acteristics (C. macrosperma Stokes, C. chinensis Delile, C ‘gigantean Vilmorin), none of which are accepted toda although the epithet “indica” lives on asa subspecies of C sativa (C. sativa sp. indica Lam, Small and Cronguist 1976 Supe). [0010] In the 26th century two new names were added the liturgy of proposed “Cannabis species: ©. ruderals*US 2019/0183004 PI Janischevsky and a hybrid, x °C: intersta’ Soja. (Small, F, Jui, PY, and Lefkovitch, LP 1976, SYSTEMATIC BOTANY 1(1): 67-84; Small and Cronguist 1976 Supra) Purer, aumerous names have been proposed for horticul- tural variants of ‘Cannabis’ but as of 1976, “very few of these have been validly published as formal taxa under the Ingeraational Code of Botanical Nomenclature.” Small and ‘Cranquist 1976 Supen, Moreover, other recent work contin= ues to focus on higher-order evolutionary relationships of the genus. Cannabis has been variously ascribed as belong- ing to mulbery family (Moracese) (Engler, HG A, Ulmaceue, Moricene and Urticaceae, pages $9-118 in: A. Engler and K. Prantl eds... 1889, Df NATURLICHEN PFLANZENFAMILIEN 3(1). W. Engelmann, Leipzig, Ger- ‘many Judd, W’S, Sanders, RW, and Donoghue, M1, 1994, HARVARD PAPERS IN BOTANY 5: 151: Humphries, C3 and Blackmore, S, A review of the classification of the Moraeene, pages 267-277 In: Crane and Blackmore 1989 1d.) nettle family (Unicaceae) (Berg, C C, Systematics and phylogeny of the Unicales, pages 193-220, in: P.R. Crane find S. Blackmore eds., 1989, EVOLUTION, SYSTPM- ATIC, AND FOSSIL HISTORY OF THE HAMAMELL DAB, VOL. 2, HIGHER HAMAMELIDAE, Clarendon Press, Oxford, U.K); and most recently in its own family swith hops (Hum), Cannabaceae, or emp. family {Sstsma, K Jy ea 2002, AMERICAN JOURNAL OF BOTANY 89(0):1531-1546). While the work of Small and Cronguist 1976 Supra, seemed to ellectively confine the ‘genus toa single spocies with 2 subspecies (C: sativa 8, C indica), each with Wo vatielies (Cs, 8. Va sativa, Cs ‘5 vat. spontanea; C.s. i, vat. indica, C. si. var. Kafiris- ‘anica) largely on the basis of chemotaxonomy and inter {erty ofall forms, more recent work (Sytsma etal. 2002 Supra), proposes a two-species concept, resurrecting. the bintomial C. indica Lam. Since Sytsma eal. 2002) provides no key for discriminating between the species, the dichoto- ‘mous key of Smal and Cronquist (1976), which aecounts for all forms ia nature, whether wild or domesticated, is pre Jered to clusily the characteristics ofthe plants BRIEF SUMMARY OF THE INVENTION [0011] This invention relates to a new and di ‘canmabis cltvar designated as "CARE BATTER [0012] The objective ofthe breeding program which pro- ‘duced novel plants disclosed herein was primatily. 10 ‘develop a cannabis cultivar with its unigue blend of various ‘cannabinoids andior terpenes for (a) medicinal effects such as improving appetite and reducing nausea, vomiting and/or ‘chronic pain, as well as neurological and cardiovascular effets, (b) psychoactive effets such as increased mativae tion and energetic behavior rather than indillerence, pas- siveness and lethargy, and (€) recreational effects) with ‘eahuaced enjoyment such as food and sroms, [0013] As used herein, the term “cultivar” is used inter ‘changeably with “variety”, “strain”, and/or “clone”, [0014] | Cannabis plants produce & unigue family of ter peno-phenolic compounds. Cannabinoids, terpenoids, and ‘ther compounds are secreted by glandular tichomes that ‘occur most abundantly on the floral calyxes and bracts of ema plants, Asa drug it usually comes in the form of dried ‘lower buds (marijuana), resin (hashish), or various extracts collectively known as hashish oi, The eapnabis plant has least 545 distinet compounds that span 20 chemical classes including cannabinoids, terpenes, terpenoids, amino acids, Jun. 13, 2019 jtrogenous compounds, simple aleohols, aldehydes, clones, esters, lactones, acids, fatty acids, steroids, now ccantabinoid phenols, pigments, flavonoids, vitamins, pro- teins, enzymes, glycoproteins, and hydrocarbons. Terpenes andi cannabinoids, in particular, have shown great poten- ‘ial in terms of medicinal value [0015] Terpenes andor cannabinoids have been shown t© be largely responsible for benelcial effets of 2 cannabis plant In fae, each canabis plant has the varying concen- {rations of medically viable compounds depending on dif ferent strains (genotypes) anc their resulting chemotypes [Even a small variation in terpene andor cannabinoid con- centration can ease noticeable differences inthe entourage andlor synergistic ellects of a cannabis plant, which distin- uishes one variety from another. Research shows that it relies heavily on the physiological ellets produced by terpenes and/or cannabinoids [0016] Over 100 different kinds of terpenes have been ‘dentfed in cannabis plants although aot being as well. studied as cannabinoids, they ae insirumental in giving rise ‘o the physiological and psychoactive elles in canabi. [0017] Terpenes are a large and diverse elas of organic ‘compounds, prodiced by a variety of plants. They are often song smelling and this may have had a protective function. Terpenes are an important component, not ony iniluencing taste and smell of each cazmabis strain but also influencing its effects on the mind and body of a subject such as humans and animals. Terpenes are a classification of organie mol- ‘ecules that are found in a wide variety of plans ad animals. ‘These molecules are Known for their charaterstc scents and flavors. The varying terpene concentrations found in ‘cannabis plants ditestly influence the resulting taste and Smell, aswell as the observed effects, Non-limiting ‘examples of terpenes include Hemiterpenes, Monoterpenes, Sesquiterpenes, Diterpenes, Sesterterencs, Trterpenes, Sesquarterpenes, Tetrterpenes, Polyterpons, and Noriso- prenoids, ‘The main terpenes found ia cannabis plants Include, but are not limited to, miyreone, limonene, caryophiyllene, pinene, tepinene, terpinolene, camphene terpineol, phellandrese, carene, humulene, pulegone sbinene, geraniol, Iinslool, fenehol, berneol, ebealyptel, and norolidon [018]. Cannabinoids are the most studiod group of the ‘main physiologically active secondary metabolites in cun- nabs. The classical cannabinoids are concentrated ina viscous resin produced in structures known as glandular ‘wichomes, At least 113 differnt cannabinoids have been isolated from cannabis plats. The main classes of ansabi- poids from cannabis include tetrahydrocannabinol (THC), ccannabidiol (CBD), cannabigero! (CBG), and cannabinol (CBN). Cannabinoid can be at least one of a group com- prising tetmbydrocennabinol (THC), cannabidiol (CBD). teamabigerol (CBG), camnabinol (CBN) cannabichromene (CBO), canmabinodiol (CBDL), cannabicyelol (CBL), can- nabivarin (CBV), tetrshydrocannabivarin (HCV), canna bidivarin (CBDV), cannabigerovarin (CBGV),.cannabi- chromevarin (CBCV), cannabigerol_mionomethyl other (CBGM), cannabielsoin (CBE), eannabicitan (CBT), can- ‘abinol propyl variant (CBNV), cannabttiol (CBO), te hhydrocannabinolie acid (THCA), tetaydrocannabiva acid (THCVA}, cannabidioli acid (CBDA), eannabigerlic acid (CBGA) and cannabinerolic aid 0019] Most cannabinoids exist in two forms, as acids and a neutral (decarboxvlated) forms, The acid form is deseUS 2019/0183004 PI nated by an “A atthe end ofits acronym (i.e, THC). The ‘annabinoids in their aid forms (Hose ending nA") ean be converted to their non-aeid forms through a process called decarboxylation when the sample is heated. ‘The phytocamnabinoids are synthesized in the plant as acid orms. While some decarboxylation does occur inthe plan, it increases. signiticaly post-harvest and_the_kinetes increase at high temperatires (PloresSancher and. Ver Poorte, 2008, Mant Cell Physiol. 49(12)- 1767-1782). The Biologically active forms for human consumption are the neutral forms. Decarboxylation is wsuslly achieved by thr- ‘ough dying of the plant material followed by heating it ‘often by either combustion, vaporization, of heating oF baking in an oven. Unless otherwise noted, relerenoes 10 ‘cannabinoids in a pant inelode both the acidie and decar- boxglated versions (ez, CBD and CBDA), 10020] The molecules fose mass though the process of decarboxylation. In order to find the total theoretical active ‘eannabinoids, the ai forms souk be multiplied by 87.7%, For example, THC can he converted to active THC using the formula: THCAx0.877—THC. The maximum THC for the sample is: THC, ,.-{THCAXO 877) THC. This method has been validated according 1o the principles ofthe Inter national Conference on Harmonization. Similarly. CBDA ‘ean be converted fo active CBD and the yield is determined Using the yield formula: CBDAXO877-CBD. Abo the maximum amount of CBD yielded, je. max CBD for the sample is” CBD,,,-(CBDAx0:877)4CBD. Additionally CBGA ean, be converted to active CBG by multiplying 87.8% to CBGA. Thus, the maximum amount of CBG is: CBG ya (CBGAXO878)HCBG. 0021]. The biologically active chemicals found in plants, phytochemicals, affect the nomal stcture oF finetion of the fmuman body and in some cases teat disease. The mechanisms for the medicinal and psychoactive properties ‘of a camabis plan, ike any mesiinal herb, produce the Pharmacologic effets of its phytochemicals, and the key phytochemicals for a medical cannabis plant are cannabic hoids and terpenes, 0022] 9-Tetrahydrocannabinol (THC) isa psychoactive ‘cannabinoid responsible for many ofthe effets suc as nid ‘© moderate pain relief, relaxation, insomnia and appetite stimulation, THC has been demonstrated to have antic pressant effects. ‘The majority. of stains range from 12-21% THC with very potent and careflly prepared strains reaching even higher. While A9-Tetrahydrocannabinot THC) is also implicated in the treatment of disease, the psychotropic activity of THC makes it undesirable for some Patients andor indications 10023] Tetrahydrocannabinol, TH, is the primary psy= ‘hosetive and medicinal cannabinoid and isthe result ofthe ‘decarboxylation of tetrahydocannabinoli aed (THCA) its adie precursor. THCA, (6ar,0ar-L-hydroxy-6,6,9tim- ‘ethy|-3-peaty-6a,7 8, 10a-teraydeo-Sh-benzochromene ‘eathoxylie aid is found inthe trichomes ofthe plant and ‘onveried into THC, which actually exists in only minute ‘quantities inthe living plant, afer harvest and drying [0024] Cannabdiol (CBD) is one ofthe principal eannabi- noids found in cannabis plan and i langly considered wo the most medically significant. CBD occurs in many stains, at Tow Teves, <1%. In some eases, CBD can be the dominant ‘cannabinoid, as high as. 15% by weight. CBD is pon- Psychowctive, meaning that unlike THC, CBD does not ‘eause a noticeable “high”. CBD has been implicated for Jun. 13, 2019 vedical properties in the twatment of a wide variety of iseases and symptoms, including cancer, nausea, chronic pain, spasms, seizaresepilepsy, anxiety, psoriasis, Cron isease, rheumatoid arthritis, diabetes, schizophrenia, pos traumatic sre disorder (PTSD), aleoholism, stokes, mul- tiple sclerosis, and cardiovascular disease. CBD also bas been reported to aet as a: muscle relaxant, antibiotic, anti- inflammatory, snd bone stimulant, as well as to improve blood circulation, eause drowsiness, and protect the nervous system, It can provide ree! for chron pain due to muscle spasticity, convulsions and inflammation, as wel s effective rie from anxiety-related disorders. 1'ean offer relief for iets with Muliple Selerosis (MS), Fibromyalgia and Epilepey. CBD has also been shown w inhibit eancer cell growth when injected into breast and brain tumors in com bination with THC, [0025] A cannabis cultivar can be used to achieve the ‘desire of patients tobe treated with CBD without the adverse sideelfets (., psyehoactvity) of THC. [0026] | Cannabichromene (CBC) isa rare, non-psyehoac- tive eannabinoid, usually found at low levels (<1%) when present, It has been shown to have antidepressant effects and to improve the pain-relieving effects of THC. Studies have demonsiated that CBC has sedative elfeets such as promoting relaxation, [0027] Cennabidiol (CBD) and cannabichromene (CRC) fare. both. non-psyehoaetive and end products of CBG ‘metabolism, like THC, so that they can be used mesial. [0028] Cannabigerot (CAG) is @ non-psychoactive cane ‘nabinoid. CBG-aeid is the precursor to both THC-acid and CBDacid in the plant usually found at low levels (<1%) ‘when present. It has been demonstrated to have both pain relieving and inflammation reducing ellecis, CBG reduces intraocular pressure, associated with glaucoma. CBG has been shoven to have antibiotic properties and 10 inhibit platelet aggregation, which slows the rate of blood clotting, ‘While Cannabigerol (CBG), isnot considered psychoactive itis knowa to block the peychooctive effects of THC and is considered medically active in a variety of conditions. Is precursor. cannabigerolic acid, CBGA, (E)3-,7-Dim- ethy1-2,6-vctadieny!)2.4-cihydroxy-6-peatylbenzoie acid, is being studied medically. [0029] Cannabinol (CBN) is an oxidative degradation product of THC. It may result from improper slonge or fring and extensive processing, such as when making ‘concentrates. It s stay formed when THC is exposed to ‘UV light and oxypen overtime. CBN has some psychoactive properties, lest strength thea THC. CBN is thought to enhance the dizziness and disorientation that users of can- nnabis may experience. It may cause feelings of arogginess ‘but has been shown t0 reduce heat rate. [0030] High potency cannabis plants contain lange quan- ties of specific terpenes as well ns various assortments of others. For instance, a camabis plant may have a profile ith ether a high level of, a moderate amount of or a small amount of various tepenes depending on its cultivar and fenviroameatal conditions [0031] Various cultivars of “Cannabis” species have been calivated in an effort to eretea cultivar best suited to moot the interest of inventors according to is own need, The particular plant disclosed herein was discovered inthe area ‘where the inventors were intentionally cross-pollinating and calivating plants described below using standard Mendelian