us patent on cbdDecember 15, 2021
Myles said that companies were allowed to apply to use technology patented by the NIH for research. He also said they could apply for licenses to create drugs for neurological diseases. This happens in instances where the antioxidant properties of cannabinoids were potentially useful. Oddly enough, Kannalife Sciences Inc. was the only company to have a licensed portion of the patent.
The DEA announced its refusal to reschedule cannabis in August 2016. This decision triggered a backlash and a startling revelation! It uncovered a secret previously only known by those with a specific interest in marijuana or patents.
It is important to clear up one misconception about patent no. 6,630,507, though. It is not a patent on cannabis itself. Instead, it only covers synthetic and natural non-psychoactive cannabinoids (which refer to the ones that don’t get you high). Of course, though, it isn’t as simple as that. A little bit of digging revealed that a few companies will benefit big time. But first, let’s review the background behind patent no. 6,630,507.
Humankind has known the possible medicinal benefits of marijuana for centuries, if not millennia. However, the federal government refuses to reschedule the plant and make it legal across the nation. Meanwhile, patent no. 6,630,507 uses careful language to ensure that non-psychoactive compounds are used to create drugs. However, these synthetic products are only for specific conditions.
Rohrbaugh weighed in again, though, by stating that the patent doesn’t prove the compound is useful for the stated treatment. He claims that it would need purification before being synthesized in a lab. It would also require testing on animals and humans extensively. Then, he says, it would need FDA approval to prove it is both safe and effective for its stated purpose.
Fast & Easy Ca$h.
The University of Mississippi has stood alone as the only federally legal source of marijuana production for decades. The DEA welcomed such applications in 2016 but will finally begin the approval process! The agency is also seeking to reduce opioid use significantly. Does this mean that we will see the full legalization of marijuana? Perhaps, but cynics will say it can only happen if the numbers add up for the government.
In November 2017, GW Pharmaceuticals, known as Greenwich Biosciences in the U.S., completed its new drug application for Epidiolex. It is a formulation of CBD to treat seizures. Epidiolex received FDA approval to treat three types of epilepsy in June 2018. The drug could earn over $2.2 billion a year by 2025, according to analysts at Goldman Sachs.
Sound a little bit like gross hypocrisy?
For example, Kannalife Sciences Inc., a New York-based company, received an exclusive license from the NIH in 2012. It allowed the company to use part of the technology in patent no. 6,630,507. The goal was to develop cannabinoid and CBD-based drugs that treat a form of brain damage called ‘hepatic encephalopathy’ (CTE).
Also, according to Renate Myles, spokesperson for the NIH, patent no. 6,630,507 was applied for and granted because research showed there was a “possibility of non-psychoactive compounds in cannabis [that are] effective when treating neurological diseases.” As a result, patients can now enjoy relief without suffering from the adverse side effects associated with THC.
The United States Department of Health and Human Services (HHS) has a patent (patent no. 6,630,507). It covers “the potential use of non-psychoactive cannabinoids to protect the brain from damage or degeneration caused by certain diseases, such as cirrhosis.”
In 1999, Hampson, Axelrod, and Grimaldi filed patent no. 6,630,507. The HHS awarded it in 2003. These three scientists are from the National Institute of Mental Health (NIMH), which is part of NIDA. NIDA is perpetually against marijuana. Nonetheless, it had no problem granting a patent for non-psychoactive cannabinoids for the treatment of neurological conditions and illnesses caused by oxidative stress.
According to the patent, the scientists discovered that cannabinoids possessed antioxidant properties – a finding that was ‘unanticipated.’ Also, it is essential to note that the patent doesn’t cover cannabinoids that act through receptors (like THC). However, it does specifically mention CBD.
Individuals with common sense have lobbied for the rescheduling of marijuana for decades. Marijuana remains a Schedule I drug, as it was with the implementation of the Controlled Substances Act of 1970. It was a crucial element in Nixon’s ‘war on drugs.’ According to the CSA, weed has ‘no current accepted medicinal value in the United States.’
The Inception of Patent No. 6,630,507.
There was exciting news regarding the DEA and marijuana recently. The administration requested an annual grow quota of around 3.2 million grams for 2020. It will use the weed in scientific studies to examine the plant’s benefits and risks. In contrast, the DEA only requested 443,000 grams in 2018 and 2.45 million grams in 2019.
Angry cannabis users want to know why there is a patent of this nature. After all, the plant remains on the controlled substance list. Mark Rohrbaugh is a specialist hired by the National Institute of Health (NIH). He pointed out that the organization employs approximately 6,000 Ph.D. scientists to look at and analyze the results of studies. When one of these scientists makes a discovery or invents a new technology, the organization then decides whether or not to file a patent.
The 2016 DEA decision marked over four decades of federal agencies proudly ignoring evidence that marijuana does have medicinal use. Nixon wanted cannabis placed under the most restricted type of schedule. He created the Shafer Commission to try and prove the dangers of marijuana. Instead, research showed the benefits of the herb. The National Commission on Marihuana and Drug Abuse recommended the decriminalization of the drug!
If marijuana received federal level approval, the party would end for the likes of Kannalife. An enormous number of companies would file patents in a short space of time. It would trigger a massive level of growth in the industry. While the likes of GW Pharmaceuticals would still profit, it would face immense competition. Meanwhile, cultivators would remain on the outside since plant patents are far more challenging to get.
The CEO of Kannalife, Dean Petkanas, did not give the specifics of the licensing agreement. However, he did say the government would receive a percentage of sales, ‘six figures’ in royalties, as milestone payments. He also said that the DEA’s ruling was the best possible outcome for his company. Kannalife began the process of raising $15 million in investment in late 2016. It had a goal of starting initial CTE clinical trials in the first quarter of 2018.
The DEA has steadfastly refused to see the light and make marijuana more accessible. This is despite its potential therapeutic properties. Meanwhile, opioids flood the nation and cause an estimated 900 deaths via overdose every week! In contrast, marijuana has not been linked with a single overdose death in recorded history!
What is the Rationale?
It seems as if the agency is finally getting serious about understanding the herb. Also, there are 40% more people working on research than two years ago. The announcement came a month after the DEA said it would start processing licensing applications for new cultivation farms. These locations are for federal research.
According to patent and trademark attorney, Gregory F. Wesner, the government is decidedly two-faced on the 6,630,507 topic. On the one hand, the DEA has lumped all cannabis products into the Schedule I category. On the other hand, synthetic cannabinoid drugs are being approved. It seems that the FDA and NIH can pick and choose who gets to jump on the money train.
The statements by Rohrbaugh and Myles seem reasonable on the surface. However, they don’t explain the reasons why some firms will make an absolute fortune from patent no. 6,630,507.
That is until GW Pharmaceuticals got in on the act in November 2017. The patent expired on April 21, 2019. Now, everyone is allowed to create drugs based on the cannabinoids outlined in the patent. However, they still require FDA approval.
Predictably, Nixon ignored these findings and marijuana remained as a Schedule I drug. Since then, ‘lack of evidence’ is cited as the reason for cannabis to remain in limbo. In reality, there are well over 20,000 positive studies. Sadly, the National Institute on Drug Abuse (NIDA) insists on publishing studies with negative results.
To apply, you have to be part of the cozy cartel of Big Pharma. The ridiculous thing about the whole situation is this: The federal government is banning the use of something that grows naturally in the ground! As long as there is money in prohibition, nothing is likely to change.
Perhaps the fact that there are more than 20,000 studies that have shown marijuana’s positive medical effects is what led to NIDA granting this marijuana patent, especially since it only covers CBD, the non-psychoactive elements of the plant, for treating neurological conditions. Within the patent, it states the scientists discovered that there are antioxidant properties in CBD . It also states that any cannabinoid that acts through receptors such as THC is not covered. Still, issuing the patent in the first place seems to contradict marijuana being a Schedule I drug, seeing that the schedule itself is meant for substances that are dangerous and not useful for medical purposes in any way.
As time passes, cannabis research provides more and more peer-reviewed evidence that marijuana is effective in treating a vast array of medical issues, including cancer, glaucoma, multiple sclerosis, chronic pain, arthritis, asthma, insomnia, depression, and epilepsy. What’s more, it is also less expensive and less dangerous than many drugs currently used to treat many of these conditions. It makes sense that a patent for marijuana would be issued to create a better quality of life for people afflicted with any of these conditions. What does not make sense is why it is still a Schedule I drug.
Kannalife Sciences Inc. is a company based in New York. They obtained a license from the NIH in 2011 to use some of the patent’s technology. What they want to do is develop CBD-based medicines to treat hepatic encephalopathy (CTE), a form of brain damage. As such, Kannalife can now use the patented technology for research. In the event that they develop a successful drug, Kannalife CEO Dean Petkanas mentioned the government would get a huge percentage of sales that could result in six-figure royalties .
Why Is Cannabis Still So Illegal Despite This Patent?
All this isn’t really news. We know the national government has long been ignoring the benefits of marijuana that countless studies have shown. What is curious, however, is that, despite keeping marijuana a Schedule I drug, the US Department of Health and Human Services (HHS) has a patent on certain parts of the marijuana plant . Patent no. 6,630,507 covers:
The patent also covers cannabinoids that are useful in treating things like Alzheimer’s, Parkinson’s, and HIV dementia.
Marijuana has been a Schedule I drug in the United States since the Controlled Substances Act of 1970. Richard Nixon and his ‘war on drugs’ didn’t care about loads of evidence showing all the medicinal uses of cannabis; he simply wanted marijuana banned. In fact, it was the National Commission on Marihuana and Drug Abuse that Nixon himself hired to prove the dangers of cannabis who ended up recommending cannabis instead be decriminalized based on the results of their findings. Unfortunately, the reasons for the banning of marijuana were not necessarily fair or logical, but here we are in 2019, and it is still a highly controlled substance.
The patent does not say there is proof that treatment using cannabinoids is effective. That would require laboratory purification and synthesis of the compound, not to mention loads of animal and human testing, plus being approved by the FDA once all that is done, like what has happened with Epidiolex.
Before 2016, Kannalife was the only company with a license to a piece of the patent. That changed when GW Pharmaceuticals also got its own piece of the patent as it completed its new drug application for Epidolex. Epidolex is a drug developed using CBD to treat seizures. Upon approval, the drug could earn upwards of $2.2 billion a year. Seeing that the government will receive royalties from that as well, it raises questions about the real reasons marijuana has been kept a Schedule I drug.
The National Institute of Health (NIH) hires about 6,000 Ph.D. scientists to oversee all the studies in its institutions. If a notable discovery is made, the decision must be made about whether to file a patent. Patent no. 6,630,507 was granted as a result of research showing the possibility that parts of the cannabis plant, those that are non-psychoactive, are effective in the treatment of neurological diseases. Because relief from these diseases via the cannabis plant is possible without getting high from THC, the patent was granted.
The US Government's Cannabis Patent.
How The US Government First Got a Patent on Cannabis.
How can it be that the government keeps cannabis a Schedule I drug while at the same time having a patent on the plant for its medicinal uses? Is this utter hypocrisy, or are we missing something?
Throughout the years, as marijuana has been up for rescheduling again and again, the Drug Enforcement Administration (DEA) continues to refuse regardless of studies showing marijuana’s numerous benefits. The DEA’s most recent refusal to reschedule marijuana happened in 2016. For the record, a Schedule I drug is one that has ‘ no current accepted medicinal value in the United States .’ That’s where we’re at with marijuana currently, which seems ludicrous, especially considering that opioids have created an unprecedented crisis in the country for all the harm they cause. Still opioids are more useful than marijuana in the eyes of the government.
With the legalization across many US states in recent years, companies have been both applying for and getting approved for patents using cannabinoids like CBD to make medicine for a variety of medical conditions. In 2018, the US Patent and Trademark Office issued 39 patents which contained the words marijuana or cannabis in their summaries. In 2017, that number was 29, and in 2016, only 14. Those patents are for different uses of cannabinoids than patent no. 6,630,507, though still completely leaving out THC.
Patent no. 6,630,507 expires on April 21, 2019. After that, using the cannabinoids outlined in the patent will be fair game for everyone, though any drugs created will still have to be approved by the FDA.
Back in 1999, three scientists from the National Institute of Mental Health (NIMH), Hampson, Axelrod, and Grimaldi, filed for patent no. 6,630,507. In 2003, the HHS gave them their patent. NIMH is part of the larger government agency, the National Institute on Drug Abuse (NIDA). NIDA is notorious for their anti-marijuana stance, publishing lots of studies that show marijuana is very bad.
Green in More Places Than One.
If the government has known about these potential benefits of parts of the cannabis plant, why did they deny the rescheduling of marijuana in 2016? Keeping marijuana a Schedule I drug makes it harder for other research to be done, which benefits Kannalife and the US government financially.
In other words, the patent was granted because–at the time it was applied-for–there was a possibility that it could be effective, and worthy of further research. In the meantime, the government has kept its potential largely hidden from the public and classified as a Schedule I drug.
the potential use of non-psychoactive cannabinoids to protect the brain from damage or degeneration caused by certain diseases, such as cirrhosis.
To be clear, the HHS does not have a patent on marijuana as a whole. The patent covers only parts of the plant, including the natural and synthetic non-psychoactive cannabinoids, including cannabidiol (CBD). CBD, as most cannabis-friendly folks know at this point, does not get anyone high. It is for this reason it seems there is some kind of loophole that has permitted patent no. 6,630,507 to go through.
Even professionals like Gregory F. Wesner, a patent and trademark attorney, don’t deny the hypocrisy in patent no. 6,630,507. By classifying marijuana as a Schedule I drug, it means that all parts of the plant are deemed unsafe for consumption, according to the DEA and US government. Yet, the US government has a patent on synthetic cannabinoid drugs derived from marijuana, which are then being approved by the FDA.
That patent has a bit more complexity than just looking into the medical possibilities of certain parts of the cannabis plant, however. The government may have more than just public health in mind when this patent went through. There’s a lot of money to be made in the event that elements of the cannabis plant do provide effective medical treatments. In fact, the amount of money that certain firms could come into as a result of patent no. 6,630,507 is no small sum. This begs the question: who exactly is set to be making money off this deal?