The Patent and the Plant: The Inherent Hypocrisy in U.S. Patents and Cannabis

If you have a wonderful, new idea, formula or contraption,
you can patent the idea and make money from it. Thomas Edison did this when he
invented the light bulb. Walt Disney created a billion-dollar franchise because
of his patent on Mickey Mouse. Coca-Cola has an empire that stretches across
the globe because of it’s soda’s particular flavor. This also means that if you
own the patent, nobody else can profit from it unless they pay you, or they are
breaking the law. Originality, ingenuity, bureaucracy and money . . . it’s the
American way.

The ability to patent a formula also extends to fruits and vegetables.
If you grow a type of tomato or apple, breeding and tweaking the DNA until you
have something new and original, you can patent that, too. Because of this,
many corporations are now working at patenting cannabis, and key components
within the plant, so they too can profit from the properties it has, while at
the same time preventing others from making use of the medicine. What does this
mean for the future of cannabis?

Two chemicals in cannabis are responsible for many of the
healing properties of the plant, THC (tetrahydrocannabinol) and CBD
(cannabidiol). Studies that have been performed for years by a wide variety of
scientists and reputable medical institutions which conclude that both
cannabinoids are effective when it comes to treating a wide variety of ailments
including cancer, Alzheimer’s and strokes. The Department of Health and Human
Services, representing the USA, has assigned to it US Patent 6630507, titled
“Cannabinoids as antioxidants and neuroprotectants,” obtained in 2003.

Dr. Sanjay Gupta, chief medical correspondent for the Cable
News Network, sees a contradiction in the government’s simultaneous
condemnation of cannabis by classifying it as a Schedule I drug (along with LSD
and crystal meth) despite the fact they’ve patented the plant. “The United
States government owns a patent on marijuana as a medical application . . . so
we have a patent through our Department of HHS on marijuana as a therapeutic
and we also schedule it as a Schedule I.”

Another corporation, GW Pharmaceuticals, has also just been
approved for a patent related to cannabis, specifically THC and CBD, to treat
gliomas, a form of brain cancer. According to the company’s description, “The
subject patent specifically covers a method for treating glioma in a human using
a combination of CBD and THC wherein the cannabinoids are in a ratio of from
1:1 to 1:20 (THC:CBD) with the intent to reduce cell viability, inhibit cell
growth or reduce tumor volume.”

GW Pharmaceuticals also owns the patent for another
cannabis-related product, Sativex, an extract used for the treatment of such
ailments as Multiple Sclerosis. Although Sativex is not considered illegal
under federal law, it is rather expensive, compared to regular soil-grown
cannabis. The corporation has also openly stated that the product contains the
exact same ingredients as the plant.

Ty Bollinger, a CPA, health freedom advocate, expert cancer
researcher and co-author of Unlock the Power to Heal, smells a scam. To
him, the plant is simultaneously demonized and patented by the federal
government so Big Pharma can churn a profit. Why is cannabis a Schedule I drug?
“Because it is a big competition against pharmaceutical drugs,” Bollinger said.
“They’re gonna tweak them and patent them and keep the same benefits. Because
they know that there are big benefits in this plant. But they just can’t have
it available to everybody. They’ve gotta patent it, they’ve gotta own it, so
the price is exorbitant.”