Cannabis – Ypatent

Companies: Texas Original Good Blend

Regulating Agencies: NY Office of Cannabis Management

See Also culturing techniques (outline)

Introduction/Definitions:

Cannabis is the genus of a variety of species—Cannabis sativa, Cannabis ruderalis, and Cannabis indica—which is often used as an umbrella term to refer to them all. This misclassification of the different species has made it difficult to properly distinguish between and understand the best ways to utilize the different varieties of these plants. (US PP34724 P2)

Cannabis has a lot of names and uses. The plant and its compounds have fueled markets from pre-rolled joints to gummies, soft drinks, vaporizers and oils. (Weed is tronger than ever, but it might not affect our brains that much: 6 surprising facts about cannabis” CC Documentaries. Cannbis was first domesticated in East Asia, which it grows naturaly. For about 4,000 years, human used its fibres to make hemp rope and clothing, and the plant’s oily seeds for food. Cannabis seeds have been found with Japanese pottery shards dated to about 10,000 years ago. It was traded along the Silk Road and spread across continents. (“Weed is tronger than ever, but it might not affect our brains that much: 6 surprising facts about cannabis” CC Documentaries.)

Cannabis, more commonly known as marijuana, is a genus of flowering plants that includes at least three species, Cannabis saliva, Cannabis indica, and Cannabis ruderalis as determined by plant phenotypes and secondary metabolite profiles. In practice however, cannabis nomenclature is often used incorrectly or interchangeable. Cannabis literature can be found referring to all cannabis varieties as “sativas” or all cannabinoid producing plants as “indicas”. Indeed the promiscuous crosses of indoor cannabis breeding programs have made it difficult to distinguish varieties, with most cannabis being sold in the United States having features of both sativa and indica species.

Cannabis is a very rapidly growing plant, attaining a usual height of three to twenty feet at maturity. Cannabis is dioecious, which means that there are sexually distinct male and female plants. The known species are Cannabis sativa, Cannabis indica and Cannabis ruderalis with multiple strains in cultivation.

Cannabinoids: are compounds that can be found in the cannabis leaf, stem and bud. They have become widespread in products that you can smoke, eat, vape, drink or rub on your skin, and are increasingly used to allevaite everything from pain to anxiety. Weed is tronger than ever, but it might not affect our brains that much: 6 surprising facts about cannabis” CC Documentaries.)

Cannabidiol (CBD): CBD which is also found in the cannabis plant has been shown to have medical benefits such as for the treatment of seizures. The structure of THC and CBD are very similar; In THC the ring structure in middle is closed and in CBD the ring is open. This small difference is important for how the molecules induce euphoric effects. THC has these effects but not CBD. CBD does not make one feel anything close to how THC makes one feel.

THC in a cannabis bud can break down over time. When THC degrades, it converts to cannabinol.

Species of Cannabis:

Cannabis sativa L.: is a widespread species that is cultivated worldwise in wide-ranging habitates areas outside its natural range. It is considered one of the oldest domestic and cultivated plants in the history of mankind.

C. sativa L.. is a crop species that has multiple roles. It has been cultivated for industrial, nutritional, and medicinal purposes. For centries, ehmp stemps have been used for fibers (mats, shoes, cloth, and ropes) and its seeds have been sued for oil production. Moreover, hemp seeds are an excellent source of omega-3 and omega- fatty acids, as well as nother nutritious oil and proteins. Recently, the stem tissues have begun to be used in the mnaufacture of bioplastics and concrete-like material and for high-performance composition applications. (Mitsis, “An Alternative in vitro Propagation Protocol of Cannabis sativa L. (Cannabaceae) presenting efficient rooting, for commerical production” Plants, 2022, 11(10): 1333).

In recent decades, there has been a resurgence of interest in the use of bioactive compounds from natural sources, such as hemp, with constantly increasing demand. Hemp flowers primarily and its leaves incidentally produce about 545 bioactive secondary metabolites. The use of these substances, such as terpenoids, flavonoids, and phytosterols, and alkaloids and glycoproteins, as well as a special class of terpenophenolic compounds, the cannabinoids, is constantly increasing, adn the majroity of them have medicinal properties. Among the numberous cannabinoids existing in hemp flowers, the most studies phytocannabinoids in relation to their therapeutic uses are the intoxication delta-9-tetrahydrocannabinol (dalta9-THC), a rpomising medicinal compound for the treatment of various diseases with well-known medicinal effects; cannabidiol (CBD), which has several proven pharmacological propties and cannabigerol for its potential remedial effects. (Mitsis, “An Alternative in vitro Propagation Protocol of Cannabis sativa L. (Cannabaceae) presenting efficient rooting, for commerical production” Plants, 2022, 11(10): 1333).

Cannabinoid production through the exploitation of natural resources is constantly increasing, due to these plants’ apparent health, nutritional, and mostly medicinal properites. For instance, C. sativa L. sales in the UUS are expected to rise from 8 billion as recorded in 2018 to over 40 billion by 2025. This imposes a need to detect and preserve genetic resources of C. sativa L. varieties that are rich in bioactive secondary metabolites and to supply the international market with adequate quantities from reliable sources. (Mitsis, “An Alternative in vitro Propagation Protocol of Cannabis sativa L. (Cannabaceae) presenting efficient rooting, for commerical production” Plants, 2022, 11(10): 1333).

Genome of Cannabis:

Additional breeding methods have been known to one of ordinary skill in the art, e.g., methods discussed in Chahal and Gosal (Principles and procedures of plant breeding: biotechnological and conventional approaches, CRC Press, 2002, ISBN 084931321X, 9780849313219), Taji et al. (In vitro plant breeding, Routledge, 2002, ISBN 156022908X, 9781560229087), Richards (Plant breeding systems, Taylor & Francis US, 1997, ISBN 0412574500, 9780412574504), Hayes (Methods of Plant Breeding, Publisher: READ BOOKS, 2007, ISBN1406737062, 9781406737066), each of which is incorporated by reference in its entirety for all purposes. Cannabis genome has been sequenced (Bakel et al., The draft genome and transcriptome of Cannabis sativa, Genome Biology, 12 (10):R102, 2011). Molecular markers for Cannabis plants are described in Datwyler et al. (Genetic variation in hemp and marijuana ( Cannabis sativa L.) according to amplified fragment length polymorphisms, J Forensic Sci. 2006 March; 51 (2):371-5), Pinarkara et al., (RAPD analysis of seized marijuana ( Cannabis sativa L.) in Turkey, Electronic Journal of Biotechnology, 12 (1), 2009), Hakki et al., (Inter simple sequence repeats separate efficiently hemp from marijuana ( Cannabis sativa L.), Electronic Journal of Biotechnology, 10 (4), 2007), Datwyler et al., (Genetic Variation in Hemp and Marijuana ( Cannabis sativa L.) According to Amplified Fragment Length Polymorphisms, J Forensic Sci, March 2006, 51 (2):371-375), Gilmore et al. (Isolation of microsatellite markers in Cannabis sativa L. (marijuana), Molecular Ecology Notes, 3 (1):105-107, March 2003), Pacifico et al., (Genetics and marker-assisted selection of chemotype in Cannabis sativa L.), Molecular Breeding (2006) 17:257-268), and Mendoza et al., (Genetic individualization of Cannabis sativa by a short tandem repeat multiplex system, Anal Bioanal Chem (2009) 393:719-726), each of which is herein incorporated by reference in its entirety for all purposes.

In 2011 , researchers at the Unviersity of Saskatchewan sequenced the genome of Cannabis sativa. They discovered that over thousands of years, human selectively bred the plant into two strains: one for fiberes and seeds, and one for medicine. The anlysis showed that the synthase gene of THC’s preducrsor, THCA, an essential enzme in THCA production, is turned on in marijuana, but switched off in hemp. Hemp has been widely used for millennia. Besides rope and clothing, its been sued for everything from art canvases to sails to paper. More recently, hempcrete, a durale, lightweight composit reinforced with hemp, has been used in construction nd can replace materials like drywal, insulation and siding. (“Weed is tronger than ever, but it might not affect our brains that much: 6 surprising facts about cannabis” CC Documentaries.)

Legality of Cannabis:

Federal Law: The use of cannabis for social and medical purposes has been known for almost of all humanity’s recorded history. Cannabis is most commonly administered via inhalation or consumption of marijuana-infused food and drink However, since 1972 marijuana has been classified as a Schedule I drug under the U.S. Controlled Substances Act (CSA) because the U.S. Federal Government considers it to have “no accepted medical use.”

THC, as part of marijuana, is currently classified as a Schedule I controlled substance under the CSA, making it illegal under federal law. This means that any products containing THC, including food and drugs, are also subject to the strict regulations of the FD&C Act.

The timeline for THC becoming legal under the Federal Food, Drug, and Cosmetic Act (FD&C Act) is uncertain and depends on various factors, including the outcome of ongoing legal proceedings and potential future legislative changes. While the Drug Enforcement Administration (DEA) has proposed to reschedule marijuana (which includes THC) from Schedule I to Schedule III under the Controlled Substances Act (CSA), this change would not automatically legalize THC under the FD&C Act.

State Law: In stark contrast to this position, 23 of the 50 U.S. states and the District of Columbia have recognized the medical benefits of cannabis and have decriminalized its medical use. The 23 U.S. states where medical marijuana has been decriminalized as of the filing date of the present application are as follows:

Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington. The residency requirements, approved list of conditions/diseases, and the other laws/rules regarding the possession and cultivation of medical marijuana generally differ by state. Président Obama has publicly commented on the recreational legalization of cannabis in Colorado and Washington stating that “it’s important for it to go forward because it’s important for society not to have a situation in which a large portion of people have at one time or another broken the law and only a select few get punished.” Indeed in the same interview, Président Obama remarked about cannabis “I don’t think it’s more dangerous than alcohol. In fact, it is less dangerous than alcohol in terms of its impact on the individual consumer.” (Conor Friedersdorf Jan. 2014, “Mama on Pot Legalization: ‘et’s Important for it to go Forward” The Atlantic). In line with the Président’s comments the U.S. Attorney General Eric Holder announced that the federal government would allow states to create a regime that would regulate and implement the legalization of cannabis, including loosening banking restrictions for cannabis dispensaries and growers (Jacob Sullum “Eric Holder Promises To Reassure Banks About Taking Money Very Soon’ Forbes Jan. 2014).

In addition to these recent developments, the U.S. government has already set a precedent for patenting cannabis, and cannabis-related inventions. For example, U.S. Patent No. 6,630,507 issued on October 7, 2003 and assigned on the patent face to The United States of America, is directed to methods of treating diseases caused by oxidative stress by administering therapeutically effective amounts of a cannabidiol (CBD), a cannabinoid from cannabis that has substantially no binding to the N-methyl-D-aspartate (NMDA) receptor, wherein the CBD acts as an antioxidant and neuroprotectant. A search of the U.S.P.T.O. Patent Application Information Retrieval (PAIR) system also reveals the existence of thousands of cannabis related applications and issued patents including US 8,034,843 (use of cannabinoids for treating nausea, vomiting, emesis, motion sickness), US 7,698,594 (cannabinoid compositions for treatment of pain), and US 8,632,825 (anti-tumoural effects of cannabinoid combinations) among many others.

Hemp/CBD (Hemp derived products): Any product with less than 0.3 % THC are legal under federal law. Intent was to open cannabis plants for other products, but this spurred many products like lotions, gummys. Even though CBD products under the 2018 Farm bill, they are still illegal under the FDA. FDA has not approved CBD in any product this for anyone. So the FDA could shut down these businesses. But only enforcing this for companies making medical claims.

The only real differences between TCH and CBD is an open ring structure (closed THC and open on CBD). So get high CBD hemp plant and can convert CBD to THC which requires an exotic metal catalist and harmful solvents and then say they are separating the THC. One really needs to do their research to make sure free of harmful solvents.

IP Issues:

–Trademarks: With respect to federal trademarks, the USPTO will not register any trademark if believe you are not using the trademark in accordance with federal law (lawful use doctrine). This has been done with pesticides, gambling, etc, to reject trademark applications. Any way to avoid this? This is because THC is illegal under the controlled substance act.

How about CBC products which are legal under the Farm Bill? USPTO takes view these products under the FDCA, so a trademark application on a CBD beverage or creme will be rejection.

The only thing that can get allowed is hemp flowers with a concentration of THC less than 0.3%. But you must actually be selling the hemp flower which is not a popular products (low THC).

One way to get trademarks is with ancillary goods (lighters, clothing, etc). You must have these products to get these trademarks.

Another option is state registration.

–Patents: The USPTO will issue patents on cannabis. But gets tricky in enforcing cannabis rights.

Approved Cannabis Drugs:

Cannabidiol (Epidolex) has been approved by the FDA as a treatment for two rare kinds of epilepsy,

Marinol (dronabinol), Syndros (dronabinol), and Cesamet (nabilone) are synthetic cannabis-related drug products which have been approved by the FDA. If you have nausea caused by chemotherapy, you might take a synthetic cannabinoid, either dronabinol or nabilone. Dronabinol also can help boost appetite for people with AIDS.