AGREEMENT AND PLAN OF MERGER

                          AGREEMENT AND PLAN OF MERGER

         This AGREEMENT AND PLAN OF MERGER (hereinafter called this
"Agreement"), dated as of August 27, 2007, is entered into between Discovery
Technologies, Inc., a Nevada corporation (the "Discovery Technologies Nevada")
and Discovery Technologies, Inc., a Kansas corporation (the "Company")

         RECITALS

         WHEREAS, the board of directors of each of Discovery Technologies
Nevada and the Company deems it advisable, upon the terms and subject to the
conditions herein stated, that the Company be merged with and into Discovery
Technologies Nevada, and that Discovery Technologies Nevada be the surviving
corporation (the "Reincorporation Merger"); and

         WHEREAS, the Company will submit this Agreement for approval by
separate vote of the holders of shares of common stock, no par value, of the
Company ("common stock") at a special meeting.

         NOW, THEREFORE, in consideration of the premises and of the agreements
of the parties hereto contained herein, the parties hereto agree as follows:

                                    ARTICLE I

                   THE REINCORPORATION MERGER; EFFECTIVE TIME

         1.1. The Reincorporation Merger. Upon the terms and subject to the
conditions set forth in this Agreement, at the Effective Time (as defined in
Section 1.2), the Company shall be merged with and into Discovery Technologies
Nevada, whereupon the separate existence of the Company shall cease. Discovery
Technologies Nevada shall be the surviving corporation (sometimes hereinafter
referred to as the "Surviving Corporation") in the Reincorporation Merger and
shall continue to be governed by the laws of the State of Nevada. The
Reincorporation Merger shall have the effects specified in the Kansas General
Corporation Code of the State of Kansas as amended (the "KGCC") and in the
Nevada Revised Statutes as amended (the "NRS") and the Surviving Corporation
shall succeed, without other transfer, to all of the assets and property
(whether real, personal or mixed), rights, privileges, franchises, immunities
and powers of the Company, and shall assume and be subject to all of the duties,
liabilities, obligations and restrictions of every kind and description of the
Company, including, without limitation, all outstanding indebtedness of the
Company.

         1.2. Effective Time. Provided that the condition set forth in Section
5.1 has been fulfilled or waived in accordance with this Agreement and that this
Agreement has not been terminated or abandoned pursuant to Section 6.1, on the
date of the closing of the Reincorporation Merger, the Company and Discovery
Technologies Nevada shall cause Articles of Merger to be executed and filed with
the Secretary of State of Nevada (the "Nevada Articles of Merger") and a
Articles of Merger to be executed and filed with the Secretary of State of
Kansas (the "Kansas Articles of Merger") . The Reincorporation Merger shall
become effective upon the date and time specified in the Nevada Articles of
Merger and the Kansas Articles of Merger (the "Effective Time")

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                                   ARTICLE II

                 CHARTER AND BYLAWS OF THE SURVIVING CORPORATION

         2.1. The Certificate of Incorporation. The certificate of incorporation
of Discovery Technologies Nevada in effect at the Effective Time shall be the
certificate of incorporation of the Surviving Corporation, until amended in
accordance with the provisions provided therein or applicable law.

         2.2. The Bylaws. The bylaws of Discovery Technologies Nevada in effect
at the Effective Time shall be the bylaws of the Surviving Corporation, until
amended in accordance with the provisions provided therein or applicable law.

                                   ARTICLE III

                OFFICERS AND DIRECTORS OF THE SURVIVING CORPORATION

         3.1. Officers. The officers of the Company at the Effective Time shall,
from and after the Effective Time, be the officers of the Surviving Corporation,
until their successors have been duly elected or appointed and qualified or
until their earlier death, resignation or removal.

         3.2. Directors. The directors of the Company at the Effective Time
shall, from and after the Effective Time, be the directors of the Surviving
Corporation, until their successors have been duly elected or appointed and
qualified or until their earlier death, resignation or removal.

                                   ARTICLE IV

                        EFFECT OF MERGER ON CAPITAL STOCK

         4.1. Effect of Merger on Capital Stock. At the Effective Time, as a
result of the   Reincorporation   Merger and without any action on the part of the
Company, Discovery Technologies Nevada or the shareholders of the Company:

         (a) Each share of common stock (other than shares ("Dissenting Shares")
that are owned by shareholders ("Dissenting Shareholders") exercising
dissenters' rights pursuant to Section 17-6712 of the KGCC), issued and
outstanding immediately prior to the Effective Time shall be converted at a
ratio of nine (9) shares of common stock, no par value, for one (1) share of
Discovery Technologies Nevada Common Stock, par value $.01, ("Nevada Common
Stock"), with the same rights, powers and privileges as the shares so converted
and all shares of common stock shall be cancelled and retired and shall cease to
exist. No fractional shares will be issued and all Nevada Common Stock ownership
will be rounded to the nearest full share.

         (b) Each option, warrant or other security of the Company issued and
outstanding immediately prior to the Effective Time shall be (i) converted into
and shall be an identical security of Discovery Technologies Nevada at the ratio
of nine (9) shares of com