LA KUSH Caught Wind That 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 Elliot, 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,” Elliot 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

An Oregon City community center for medical marijuana patients won’t open as planned.

In September, city officials denied a business license to Oregon Sky Foundation, the nonprofit behind the pot project. City Manager David Frasher concluded that the center would violate federal law, which classifies marijuana as an illegal substance.

Oregon Sky successfully appealed and the city promptly proposed changing city code to ban businesses involved in distributing medical marijuana.

Oregon Sky received its license last week. Under the revised ordinance, the city could yank the license early next year.

So the nonprofit called it quits and is considering trying again — this time in Multnomah County, where dispensing medical marijuana is less controversial.

“We’re going to leave Oregon City,” said Sara Hershey, an Oregon Sky representative.

“We’re not interested in a legal battle with Oregon City,” Hershey said. “The intent was to help people in the medical marijauna community that need it.”

The nonprofit envisioned a community center for people with medical marijuana prescriptions. The center would assist patients in obtaining pot and testing plants to detect pesticides or chemicals and would provide information on nutrition and alternative medicine.

There is one other marijuana club in Clackamas County.

Here’s the short version of how Oregon Sky got a license in the first place.

Hearings officer Daniel Kearns said the city could deny the license if it determined the marijuana center was “dangerous to public health, safety, welfare or is likely to become … a menace or public nuisance.” But Kearns said city officials had not shown Oregon Sky was a real or potential nuisance.

So last week, city commissioners decided to close the loophole.

Commissioners voted Dec. 7 on a proposal that would have put the new rules into effect immediately. The change requires unanimous approval.
Commissioner Kathy Roth opposed the revision.

“I certainly do not want Oregon Sky or any other medical marijuana facility to move into Oregon City,” Roth said. “This is changing the rules in the middle of the game. I am not comfortable writing ordinances for one business. I know at times this is necessary, but I feel it walks a very fine edge of violating constitutional rights.”

Under the new rules, the city could yank Oregon Sky’s license early next year.

The commission now must hold a second hearing and pass the ordinance a second time. The hearing will be held in January.

The city’s actions are short-sighted, said Ben Watson, who founded Oregon Sky.

“The city wants to eliminate the black market (for marijuana); so do we,” Watson said. “It’s there whether you like it or not.”

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