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Feds close to granting medical marijuana patent to NY-based research company?

marijuanalabtest.jpeg
Update: KannaLife did receive exclusive rights to the US patent on marijuana, but CEO Dean Petkanas told our sister blog Toke of the Town last night that it only applies to a very specific medical condition and that they have no plans to expand their research. "We don't want to be involved in the production, growth or dispensing of marijuana at the retail level," Petkanas said.

For more of Steve Elliot's interview with Petkanas, click over to Toke of the Town.

Original post, 4:28 p.m., Dec. 19: The U.S Department of Health and Human Services is about to give exclusive rights to the government-owned patent on marijuana to a single pharmaceutical company based in New York -- a state that doesn't even recognize medical marijuana as a valid therapy.Think that's unfair, fellow Colorado medical marijuana patient? Well, you've still got a few hours left to write in and tell the government your thoughts.

Since October 2003, the U.S. government has owned the patent on marijuana when used medically as an antioxidant and neuroprotectant. Currently, the NHS is planning to grant exclusive rights for US patent 6,630,507 to KannaLife Sciences, Inc.

Michael Elliott, director of Colorado's Medical Marijuana Industry Group, say it's insulting to patients and growers living in medical marijuana states currently being prosecuted under a federal system that doesn't recognize any medical value to the cannabis plant.

"This contemplated grant of an exclusive license to develop and sell cannabinoid based medicines under a patent owned by the federal government shows the incoherence in the federal government's position toward the medicinal value of cannabis," Elliott said. "It's unfortunate that this incoherence has to be determined on the backs of Colorado patients and compliant Colorado businesses."

According to the LinkedIn profile of KannaLife Science's CEO Dean Petkanas, the company's "plan for generating revenue" is to use the patent to create anti-oxidant skin care lotions and "biopharmaceutical" products to treat neuro-degenerative disorders. They also plan on developing a proprietary, automated packaging system for their products.

Others are concerned that the government is ignoring research and treatments currently going on legally in states that do allow medical marijuana. While most in the medical cannabis community would argue that further research into medical cannabis is needed, few would agree that a single company should have exclusive rights to do so. Not only does that put profits back into the $500 billion pharmaceutical industry, but as our friend Steve Elliot over at our sister blog, Toke of the Town, points out in his excellent post on the subject, this could be a way for the federal government to "bulldoze the cottage medical marijuana industry.

Public comment on the possible licensing ends today. Comments need to be submitted in writing and will be accepted through Dec. 19 (today). We take that to mean email as well, so send your thoughts on the matter to:

Betty B. Tong, Ph.D.
Senior Licensing and Patenting Manager
Office of Technology Transfer
National Institutes of Health
6011 Executive Boulevard, Suite 325
Rockville, MD 20852-3804
Email tongb@mail.nih.gov

Telephone (301) 594-6565 (note that NIH will only accept written comments for consideration)
Fax (301) 402-0220
Website http://www.ott.nih.gov/contactus/licensing_and_patenting.aspx


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31 comments
out licensing
out licensing

Marijuana is used as the drug for making the medicines and the companies who grow it for the use of medicine production have to take the license for it as it is legal only if you are permitted.

guest
guest

Question..if marijuana is illegal to the Feds please tell me what bank KannaLife is using!

David Mowers
David Mowers

"grant of an exclusive license to develop and sell cannabinoid based medicines under a patent owned by the federal government shows the incoherence in the federal government's position"

Awww babies are mad because the F.D.A. with be shutting down dispensaries selling unregulated marijuana treatments!

ROFL.

CannaClaus
CannaClaus

After checking out the site for this company it looks like a sham.Is the Prez hooking up one of his HollyWood buddys ?Kinda odd this guy is a hollwood type and we know the Prez to hang out with guys like this then go to this guys very generic site to find you can invest, yes that is correct.Invest.Looks like another trick is being played on us but wait we can invest.Invest,,, Trust,,,, yeah right,,,, whatever !

Guesto
Guesto

Those 100 farmers are killing the wrong people. 

Guesto
Guesto

in the context Regulate Marijuana like Wine (which I think is intelligent just because they are both loved by the connoisseur), is there even a precedent here?

Is there a patent on Grapes? Wine Grapes? The Process of fermenting Grapes? 

Their should be no more restrictions placed on Cannabis producers by a Patent than there have been against Wine producers over a Grape Patent of Fermentation Patent. We should be alright. 

CannaClaus
CannaClaus

The Fed will be legalizing cannabis as medicine so this company can sell the new drugs but cannabis grown in your basement or bought at a dispensary will interfere with the governments profit so they will make sure it remains illegal.Legalization is forth coming in the form of government produced cannabis products then the doc's will only recommend the Gov. cannabis not the cannabis plant that we actually want.This is going to be a fine lesson in being careful what we ask for !The "for sure" way to fuck shit up is to put it in control of the Gov.Does this mean the Gov will be putting out some new propaganda ?

HashCentral
HashCentral

The government needs to back away from handing out this patent to anyone. They also need to back away from the citizens of the U.S. that want to smoke marijuana. They lied to the public all these years and now they want to capitalize when the public now seeks to have it legalized because they now know the truth? Crooks! Don't anyone let them get away with this.They have no business telling anyone what they can and can't put in their own bodies, especially a natural plant given to us by Mother Earth. They don't own it. Follow me on twitter if you support mother nature over this greedy lying government. @HashCentral

Guesto
Guesto

Im more worried about Monsanto finding a way to get a GMO into the root genetics of Marijuana itself. 

Muzzylu
Muzzylu

Medical marijuana, and all marijuana should be legal! It is helpful to people for pain reduction and other maladies, plus marijuana can be a much less harmful recreational drug than liquor, heroin, crack, and cocaine.

Great e-book on medical marijuana: MARIJUANA - Guide to Buying, Growing, Harvesting, and Making Medical Marijuana Oil and Delicious Chocolates to Treat Pain and Ailments by Mary Bendis. This book has great recipe for marijuana oil and tasty, yummy chocolates!

Chas Holman
Chas Holman

I'm so mad I could spit.. this is farce.. our government is tossing one of our own in jail every 27 seconds for simple possession.. over a million simple possession charges every year that result in our own people being tossed in jail for nothing more than marijuana...

In the meantime the US government is working back room deals to privatize and industrialize marijuana in the name of the almighty dollar.. while they are working overtime to toss grandpa and grandma's suppliers in jail and take all their valuables along the way as well.

STOP IT.. the time has come.. it's all been a game and a lie and I for one am sick of being lied to and the US government acting like we are all retarded.

Then you have doctors like the guy in the op ed yesterday who said that if a boxer gets caught with marijuana in their system they should be banned from the sport because marijuana is dangerous.. 

Of course two guys bashing each others face's in is not dangerous at all.. only the marijuana.

The BS has to stop.. 

Colforbin
Colforbin

can someone really patent a plant? in that case i shall patent every tree in existance. get ready to pay up fools

ZZardozz
ZZardozz

Nah,, the babies are mad about the blatant hypocrisy of the govt. saying that cannabis has no medical value, at the same time they acquired their alleged "patent" which claims that cannabinoids DO have medical value.   There at least USED to be a rule that said that no naturally occurring thing can be patented.

But if you think the collectives are going away, maybe you're smoking something,,,like opium.  There has always been a plentiful supply of cannabis, and there always will be, because people want it, and it is a plant that God gave us. 

Matthew Meyer
Matthew Meyer

I'm sure there are many patents on equipment and techniques in winemaking.

There would be a lot more intellectual property in the cannabis area if legal rights in cannabis as property were recognized: strain names, for example.

But bubble bags, twisters and other automated trimmers, hanging dry racks...these are all subject to IP law already.

Guesto
Guesto

The way I look at it is more "Death by Bureaucracy" in the future. It will be 100% legal to profit off amazing home grown marijuana, as long as you can spend everyday in court over patent infringement lawsuits . :-D

Death By Bureaucracy. 

PhilDeBowl
PhilDeBowl

As long as you can get home grown who gives a damn. If you can't get homegrown then maybe you need to learn how to grow. If you can't grow your own then you had better expand your circle of friends.Become the reality you seek.

Colorado Mmj Patient
Colorado Mmj Patient

Here's a novel idea.  Elect an HONEST man as President.  You may not agree with Ron Paul but he has stuck to his guns for 30 years and he believes in INDIVIDUAL rather than corporate rights.

Ian Williams
Ian Williams

Agreed.

But in light, it would be nice to grow your edibles in fruit form. Tomannabis. Indicapples. Sativangerines.THCherries. Diesel Mint, waterpipemelon, Afghan Basil.

Can you say, glow in the dark 'nanas? Spot your males in a lineup..or spot them from 30 yards in your CAMP Copter.

Of course, being eaten by a calyx, strangled by a defensive and resilient bloomer, or more realistically, the preternatural construct of pure evil, Terminator Seeds, would be equally horrible if not exponentially worse...

moldy
moldy

Yeah, I've watched this shit develope over 45+ years. I was busted in 67' I think even before they started keeping track. Watched Nixon declare war on us and saw Ray-gun Ronnie turn all tokers into hopeless drug addicts. Now, just yesterday I just saw that the Republicans tried to push a drug testing bill through with the tax breaks for working people. It would have DRUG tested EVERYBODY receiving unemployment bennefits and we all know what drug they are looking for. Just another example of the crap we are up against.  Let's hope we have a chance to vote for someone that doesn't consider us criminals... if our vote still counts for anything. Fuck them all, live like it's legal.

David Mowers
David Mowers

The patent is for the targeted use of compounds to treat specific disorders, yes you can create drugs and patent both the drug and the treatment. It means ALL dispensaries that sell marijuana for health reasons will be subject to both civil and criminal prosecution by the F.D.A. once alternative pharmaceuticals are available that have been licensed. This is phase two of the Justice Department's strategy and it will include arrests of growers, dispensaries and seizure or property. If you want to sell a medical product you are required under federal law to obtain F.D.A. approval, pay for clinical trials and licensing. Manufacturing or selling anything made with cannabinoids is illegal. I predict the end of all dispensaries, nationwide within two years.

Mark my words.

Colorado Mmj Patient
Colorado Mmj Patient

Check out Monsanto.  They have been given many patents on food crops like corn and soybeans.  Their soybeans are so aggressive that they "take over" and, if you don't want Monsanto soybeans - TOO BAD.  When they cross-pollinate, Monsanto will sneak onto your farm and take genetic samples - THEN SUE YOU AND TAKE YOUR FARM FOR VIOLATING THEIR PATENT.  this is here in the US.  In India and Bangladesh over 100 farmers commit suicide every month because of Monsanto's stranglehold on crops.Wake up and spit - the world is on fire.Our government has become a facilitator for Big Pharma and other corps.Most countries require GMO (monsters to be labeled for consumers.  Not in the good ol' USA - in fact, we have been pressuring France and other countries to STOP labeling GMO monsters.  We are doing our very best - worldwide - to make sure that corporations can poison us in the name of profit !!!

http://topdocumentaryfilms.com...

http://www.amazon.com/World-Ac...

Guesto
Guesto

yeah and none of that shit matters at all to us I would say. strain specific patenting is obviously the major red flag for most us. 

and whether or not they could take us to court for IP under general genetic umbrellas. For instance...

OGiesel could be without patent, but because Chemdawg, or OG Kush is with patent, they could file a lawsuit on the infringement of the Chemdawg patent since OGiesel genetics are made up of Chemdawg genetics. 

With Wine you would not see this type of thing, since developing your own Bottle of Wine gives you complete ownership of IP (as far as I know.)

I could even live w/ being sued over Purple Kush honestly, as long as I could just alter the strain, rename it, and be w/out patent or even patent it myself.

Thoughts?

HashCentral
HashCentral

Here, let me explain hypocrisy to you. Hypocrisy is the state of pretending to have virtues, moral or religious beliefs, principles, etc., that one does not actually have. First they tell you its poison and you'll go to jail for smoking it. Now they're all, "hey we'll give you the patent for "$x" amount". You don't seem to understand that our government prevented research for years that could have saved lives (crooks to support Big Pharma). I'm 46 and I'm so angry that I have been prevented from smoking because I could have gone to jail. Its their greed and idiocy that keep us from actually being truly Free Citizens as we should be. Ron Paul is right! He's the only one who says people should get to do what they want as long as they aren't hurting others. All the other cronies (Gingrich, Perry, Romney, Bachman) are all liars, idiots, flipfloppers. Not a brain between them. Gingrich is just a great talker but a proven bastard. Its either Obama (who is also now a liar and I voted for him) again or Ron Paul who I think will stick by his platform as he has done all these years (never flip flopped). Just sayin'!

Guesto
Guesto

tripppy bro . lol 

ZZardozz
ZZardozz

They will just change business models, my friend.  Yes, the DEA can bust, but they don't have enough agents to police the entire country.  The state and local law enforcement agencies do not enforce federal law. 

But, really, doesn't this story completely discredit the US Govt. claim that cannabis has no accepted medical use?  And why won't this product cause the user to become a axe murdering pacifist?  Or why doesn't it lead to stronger drugs?  Won't this product make white women dance with negroes?   If "marihuana" causes all these things, why won't this product do the same?

BlackWallStreet10mm
BlackWallStreet10mm

 Just look into the University of Guelph, in Ontario, Canada. Look into Kenex and Hortapharm. Find out who David Paul Watson is, and what he is doing with the permission of the DEA. A conspiracy is afoot.

BlackWallStreet10mm
BlackWallStreet10mm

 Monsanto and Bayer are directly involved in current efforts to completely map out the genetics of not only medicinal cannabis, but industrial hemp as well. They are doing so in order to continue the corrupt and criminal practices that Monsanto has been engaged in for decades. The pham industry is one of the few industries that has a death grip on congress and elected officials through lobbying and illegal bribes and kickbacks. They, along with the prison and military contract industry, have nearly the entire federal government in their pocket, and can set and determine policies that go directly against what the "democratic" union and its members want. That is NOT democracy at all. These wealthy industrial barons know that hemp and medicinal cannabis are multi billion dollar industries, and the only reason why either one is illegal is because the barons, much like the character Daniel Plainview in the movie There Will be Blood, want nothing more than to see their competition fail miserably.

The problem is, this cannabis plant is not corn, and it is not soybean. People don't grow corn and soybean in their closets, basements, and spare bedrooms, in every corner of every city and town in America. The idea that the cannabis plant, which has been used by humans for nearly half of our existence as civilized people, can be easily patented and ripped from the hands of the home grower and small time farmer is so ridiculous, I almost welcome their stupid patents so that people can s**t all over them by spreading heirloom cannabis genetics across the globe for free. Why do you think they locked up Emery? It sure as hell had nothing to do with protecting the public from a "dangerous" plant and drug.

They can keep trying to consolidate everything in the world into the hands of the very few wealthy A holes that feel entitled to rule over the worlds resources, and subsequently its people. The plan will fail, much like the federal governments absurd "continuity of government" plans, which fly in the face of all of human civilized history by projecting an attitude that the U.S.A will be the very first human civilization to last forever or indefinitely. Stars die; Galaxies fade away, people wither to dust just like the rest of the organic material in this universe....Yet our federal government believes they will still be around when our own sun begins to die. It is delusional to say the least, and tyrannical to say even more.

Guesto
Guesto

that would be nice as it would make it hard for them to pinpoint potential lawsuits. patenting in general, as I understand it, relies on on those type of specifics? so that any alteration can be patented.

I dont think the US Government will ever succesfully co-opt this thing that they don't understand. I would rather by Government Psilocybin than Government Cannabis, you feel me?

Cannabis, unlike wine, booze, cigarettes, etc... has a commonality with Tomatoes, Cucumbers, Carrots, and anything else that you would rather purchase locally from someone you actually know personally. 

Guest
Guest

different stains have various levels of different canabinoids. the plant they patent must have certian levels of various canabinoids. therefore stains that have different amounts wouldn't be their patent?

PhilDeBowl
PhilDeBowl

Yeh, well they done all that,so what? Grow your own.

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