This article was originally published on the Marijuana Patients Organization site on July 18, 2014.
If we examine the US Government’s patent on the medical efficacy of marijuana, it contradicts the US Governments scheduling of marijuana as a Schedule 1 substance. In one claim the US states that marijuana has value while speaking out of the other side of its mouth, claiming no medical properties exist.
On February 2, 2001 the United States of America as represented by the Department of Health and Human Services was issued patent #6,630,507
Cannabinoids are useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases. The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer’s disease, Parkinson’s disease and HIV dementia.
Patent law is not too difficult to understand. For something to be patented, 5 requirements must be met. One of the requirements for patentability is utility. The utility must be specific to the subject matter claimed; not a general utility that could apply to a broad class of inventions. Substantial utility requires that the invention have a defined real world use; a claimed utility that requires or constitutes carrying out further research to identify or confirm a use in the context of the real world is not sufficient.
The US Government did not make a general statement, did not ask for additional research, rather they made a very bold statement and essentially gave proof to the claim that marijuana has medical value.
This statement is in direct contradiction to the DEA’s (Drug Enforcement Agency) scheduling of marijuana in which the department claims cannabis has no medical value. So what is what? Does patent law trump an administrative determination? The courts have ruled yes.
The confusion around medical cannabis appears to exist at the top. If you are facing criminal charges for the sale or transfer of marijuana, ask the government why your case is not a civil matter. Once a patent has been issued, the patent owner (US Government) may bring a lawsuit against anyone accused of infringing the patent.