Patented Pot vs. the Herbal Gold Standard

This is the longer version of an article that appeared in the 35th anniversary issue of High Times magazine – Lester and I were told that the original version would be put up on their website but so far they haven’t done so and we both felt the information was too important to keep to ourselves any longer so here it is!

Patented Pot vs. the Herbal Gold Standard

How patented marijuana strains and medicines may threaten the re-legalization movement, curb information sharing, set up a monopoly for certain breeders and medicine producers and limit users to a more expensive and inferior product. Their economic value to the pharmaceutical houses which produce them will be directly proportional to the severity of the prohibition against the use of cannabis.

By Lester Grinspoon and David Malmo-Levine

“Moreover the riches of the earth are for all …”
Ecclesiastes 5:9, the Peshitta (Aramaic Bible)

“That we may work in righteousness, and lay the Foundation of making the Earth a Common Treasury for All, both Rich and Poor …”
– Gerrard Winstanley; The True Levellers Standard Advanced, April 20, 1649

“There is no patent. Could you patent the sun?”
– Jonas Salk on why he would not patent the polio vaccine

A split in the marijuana community

During the last decade a split has developed within the marijuana community. One group is comprised of those who believe that the community’s interests are best served by patenting marijuana strains and marijuana medicines in order to make them safer, more effective, more legitimate, more understood or, perhaps most importantly, more readily accessible since they will be legally available. The other group consists of those who believe that smoked cannabis is the “gold standard” ; the safest, cheapest and, largely because of the ease with which it can be titrated, the most effective form cannabis medicine will take. This second group denies any real advantage of marijuana patents to the consumer, challenges any claim of exclusive rights of the first group to sell a particular strain and opposes the exploitation of a combination of patents and prohibition to force consumers to settle for an inferior product.

Within the first group we find those such as Britain’s GW Pharmaceutical, who (with the help of pharmaceutical-giant Bayer) is now selling their whole-plant cannabis spray Sativex. This group also includes the Toronto-based Cannasat Therapeutics, The Nevada-based Dynamic Alert Ltd and various other smaller operations. These companies are looking to patent cannabis medicines, strains of cannabis or both – if they haven’t already done so.

Even the US government has gotten in on the action. Patent #6,630,507 was awarded to the US Department of Health and Human Services in 2003, and states that cannabinoids are neuroprotectants and anti-inflammitory agents, useful in the prevention and treatment of stroke, trauma, auto-immune disorders, Parkinson’s, Alzheimer’s and HIV dementia as well as many other diseases.

GW Pharmaceutical was granted a license to grow cannabis for medical research in 1998 and it’s partner Bayer was granted a patent for Sativex in 2006. Sativex is a cannabis tincture mouth-spray with a THC/CBD ratio of approximately 1:1. The tincture takes 15 to 40 minutes to take effect. Sativex comes in a 5.5 ml spray bottle for $125 dollars Canadian (currently around $102 dollars US), which supplies about 51 sprays – enough for an average ten day supply. It is now available in Canada for MS and cancer pain, and has most recently become available in Britain and parts of Spain for use in the treatment of some other symptoms and syndromes.

GW Pharmaceutical has even patented a strain of cannabis – “Grace” – in Canada. It was patented in 2005 under the Plant Breeders’ Rights Act. Under this 1994 Act, all plant species (except algae, bacteria, and fungi) are eligible for “protection” (exclusive rights to sell) for 18 years. Medicine patents last between ten to twenty years depending on the country – it’s usually closer to twenty, as it is presently in the United States.

In the August 1st, 1998 issue of the British based Pharmaceutical Journal, GW’s Executive Chairman Dr. Geoffrey Guy mentioned the fact that “at some stage a comparison of new delivery routes and smoking cannabis might have to be performed, although this would obviously be controversial.” When asked about such comparative studies in early 2004, GW Senior Medical Advisor Dr. Ethan Russo stated that none were planned.

Safety and efficacy – synthetics vs. botanicals

Proponents of plant and medicine patents contend that there’s no controversy, that patents encourage innovation as it covers the costs of research and development, that standardization and research are impossible without patents, that patents create products superior to traditional botanical medicines, that crude plant drugs are more dangerous and less effective than patented plant products and that patenting cannabis medicines will speed up their legalization – or at the very least expand the number of people who have access to cannabis medicine. The evidence proves otherwise.

Pharmaceutical giants like Parke-Davis & Co, Merck, Eli Lilly, Upjohn, Wyeth, and Sharp & Dohme all made lots of money and undertook considerable research with unpatented botanical medicines – including cannabis, opium and coca medicines. The expensive “safety and efficacy” protocols that synthetic medicines currently must go through in order to get approved were instituted as a result of sales of untested toxic synthetics such as Elixir of Sulfanilimide in 1936 and the deformed-baby-causing Thalidomide in 1960. Herbs had nothing to do with the creation of these protocols.

Herbal marihuana has, through the massive numbers of testimonials written about it by both patients and doctors, in effect, been thoroughly clinically tested over centuries. Consequently it does not require require the same testing as new compounds any more than does aspirin which since the beginning of the 20th century has become well known as an efficacious and safe medicine, but has never been put to the same risk-benefit analysis required of new synthetics. As the patentable synthetics began to compete with the unpatentable botanicals, the botanicals were abandoned – sometimes because of Western ignorance surrounding the proper cultivation and use of these botanicals, but mostly because the profit margins were not as high as those for the patentables. In the particular case of marijuana, the 1937 Marijuana Tax Act sealed its demise as a botanical medicine.

Herbs are the number one source of medicine for 80% of the world’s population according to the World Trade Organization. According to former United States Department Of Agriculture botanical expert James Duke, drugs kill over 100,000 people every year in the US, while herbs kill less than 50. Given all the recalled synthetics up to the present day – Baycol, Bextra and Vioxx (to name three of many) – one has to wonder about the reliability of the current system of drug testing.

The “scientific method” that isn’t

Ethan Russo, an employee of GW Pharmaceuticals , writing for the on-line journal “Cannabinoids”, listed the benefits of pharmaceuticalized cannabis medicines in his article “Cannabinoid Medicine and the Need for the Scientific Method”. They are; 1) pharmaceuticalized cannabis products will gain widespread trust of physicians and medical consumers, 2) crude herbal materials can’t be standardized, 3) smoked cannabis causes coughing and “cytological alterations”, 4) sharing joints can lead to sharing diseases, 5) even vaporization is inefficient, unpredictable and unsafe, 6) there’s not enough evidence of smoked cannabis working, 7) the FDA will not accept the type of evidence that exists regarding the efficacy of smoked cannabis, 8) it is difficult to establish the dose of smoked cannabis, 9) crude herbal materials are full of micro-organisms and 10) most of the non-GW Pharmaceuticals strains of cannabis have no CBD in them.

In our view none of Russo’s claims are accurate; 1) the pharmaceutical industry is currently losing the trust of consumers as herbal medicines make a comeback, 2) “crude herbal materials” can easily be standardized without patents if the herb is legal and regulated , 3) more potent products such as bubblehash and devices such as water-pipes and vaporizers reduce coughing – there’s no evidence that the “cytological alterations” are anything other than a slight color alteration, a manifestation of bronchial irritation , 4) there are devices such as chillums and techniques for holding joints that can eliminate the spread of disease through preventing the spread of saliva, 5) there’s no evidence that smoke and/or vaporization is inferior to oral sprays because GW and Bayer will not do comparative studies, 6) US and Canadian governments have suppressed most studies on smoked marijuana but there are thousands of anecdotal accounts, and those thousands of stories collectively comprise a clinical bibliography more comprehensive than that of any synthetic, 7) the FDA has never required controlled experiments to recognize the therapeutic potential of chloral hydrate, barbiturates, aspirin, curare, insulin, or penicillin, 8) it is much easier to control the dose of smoked cannabis than oral sprays because the effects of smoked cannabis take 1 to 5 minutes to work and sprays take 15 to 40 minutes to work, 9) properly grown organic cannabis is relatively free of microbes and metals, and 10) if cannabis were legal, those high CBD strains would be more easily circulated among all breeders.

Protecting extensive investments

“To protect our extensive investment, we have sought to identify and patent certain inventions throughout the growing, extraction and manufacturing process. My comments to Mr. Lucas were made as a friendly and, hopefully, helpful gesture as I did not wish him to invest a great amount of effort into obtaining approval for a product as a prescription medicine only to find that he did not have the freedom to operate in the first place.”
– Dr. Geoffrey Guy to Author Brian Preston, published in The Walrus, 2005

Even before GW and Bayer had secured their patent on Sativex, Dr. Guy was already threatening to sue Philippe Lucas of the Vancouver Island Compassion Society for infringing Sativex’s imminent patent with VICS’s “Canna-Mist” spray. Just type “Bayer” and “patent” into Google (over two million sites) if you want evidence of Bayer’s habit of suing at the drop of a hat for all sorts of patent-related matters.

Evidence of an attempted Canadian medical marijuana monopoly began back in 2000, with a leaked, unpublished document entitled “Draft Statement of Work for The Development of a Comprehensive Operation for the Cultivation and Fabrication of Marijuana in Canada”. The plan called for a seed monopoly – “a licit source” only – and the eventual phase-out of all but a pharmaceutical “inhaler” device. According to the anonymous source who leaked the document, the first version of the plan also called for cannabis strains to be patented “as if they had been genetically modified”. It appears that GW Pharmaceutical and Bayer have now done so … with “Grace”.

There is a story going around that a certain researcher for the big pharmaceutical companies knows about the connection between the corn-shrinking cannabis medicines of the past and the tumor-shrinking effects of cannabis – but the corporation won’t let the researcher publish this information because it’s “proprietary”.

There are many herbal medicines that have successfully fought off attempted patents and monopolies. The anti-bacterial neem tree and even the vision-producing ayahuasca have all been subjects of patent attempts. Neem tree activists have used defenses such as “traditional knowledge” and “prior art” and “community heritage” in order to legally protect their healing tree from monopoly. Unfortunately, the patent on a strain of ayahuasca remains in effect to this day.

From cannabis monopolies come cannabis prohibitions

Cannabis monopolies are nothing new. One can argue that the prohibition of Moses’s holy kanneh-bosm annointing oil – found in Exodus 30:32 – a prohibition for people other than priests and kings – was a type of cannabis monopoly. When botanical medicine became popular again in the fourteen hundreds, women healers were first called “unschooled” and later called “witches” to prevent them from competing with the newly emerging male pharmacists. The same thing happened in the mid eighteen hundreds, except this time instead of “witches”, these botanical healers were called “quacks”.

The modern version of this monopoly began in 1910 with the Flexner Report – a report that succeeded in closing down all the naturopathic and herbal medicine schools by the 1930’s. This report was partially engineered by the Rockefeller Foundation. The removal of these schools would assist the Rockefeller family in protecting their investments in pharmaceuticals from botanical competition. The Rockefeller Institute and Rockefeller Foundation were also key players in the development of the sciences of genetics and molecular biology – the fields in which the concepts of patenting of life-forms originated. Standard Oil – now Exxon/Mobil and a host of other oil companies – was the Rockefeller Foundation’s source of income. Interestingly, in 1927 Standard Oil became business partners with Bayer – the marketer and distributor of Sativex in Canada.

Bayer had much to do with the development of the Codex global anti-herbs and anti-vitamin regulations. This was instituted in 1961, coincidentally (or perhaps not) around the same time as the Single Convention on Narcotic Drugs was instituted and the first Plant Patent Act was created.

What we know for certain is that nobody should have a monopoly on the emerging herbal health-care economy – especially corporations like Bayer and Exxon, who have had questions raised about the amount of influence they have welded in geopolitics, and what they’ve done with that influence.

When the modern patent was issued in the 1400’s in Italy, they were for “new and inventive devices”. This soon turned into a big money maker for kings and queens, who would issue patents for such things as salt. After a public outcry, James the first of England was forced to revoke all existing monopolies and declare that they were only to be used for ‘projects of new invention’. It can be argued that a similar reform is due again today.

Perhaps lessons can be learned from those within the medical profession who have tried to pass off discoveries as inventions, and those who have not. Jonas Salk, discoverer of the polio vaccine, famously rejected attempting a patent, explaining that it was like attempting to patent the sun. This is seen by some to be his most “winning story” – what he lost in potential revenue he gained in reputation and positive influence on the world.

Joseph Lister was an English professor of surgery who discovered – or popularized – “antiseptic” surgery. He invented a carbolic acid spray as a method of preventing infection, but considering the fact that he didn’t invent the spray bottle nor carbolic acid, he didn’t bother attempting to patent his spray. He alerted the world to his discovery in the British medical journal The Lancet in 1867, and was eventually made a Baron – the first doctor so honored. They even named the first mouthwash after him – Listerine.

William Thomas Green Morton was a dentist from Boston. He discovered – or popularized – the fact that ether was a good anesthetic. He was successful in patenting his technique – on November 12th, 1846 he was granted U.S. Patent No. 4848. But he could not collect any money as it was merely the use of an agent already well known. His apparatus was not essential to anesthesia – fabric soaked in ether was all that was necessary. He died broke and his reputation suffered for “nostrum mongering” – for being a huckster and an opportunist.

George Washington Carver refused to patent any of his discoveries, saying, “God gave them to me, how can I sell them to someone else?” Ten years after his death, the United States government acquired the Missouri farm which was Carver’s birthplace and dedicated it as a national shrine. The Carver epitaph reads: “He could have added fortune to fame, but, caring for neither, he found happiness and honor in being helpful to the world.”

Perhaps one day those who are currently attempting to patent cannabis medicines and cannabis strains will wake up to the fact that a good reputation is worth much more than a patent, and the gift of a new strain or new technique given to the world will return the most precious form of good karma upon the giver, while the person who attempts to “patent the sun” – patent a gift from nature or a traditional medicine bred and developed over thousands of years – will eventually suffer the worst forms of infamy. It is up to the entire cannabis community – especially the activist community, to see that sharing is rewarded and hoarding punished.

Additional information:

GW’s position on intellectual property:

GW adopts an aggressive approach to securing intellectual property rights to protect techniques and technologies involved in the development programme. Protection is sought in the areas listed below:

• Plant variety rights
• Methods of extraction patents
• Drug delivery patents
• Patents on compositions of matter for delivery of cannabis
• Methods of use patents
• Design copyright on devices
• Trademarks

In the last few years our intellectual property portfolio has developed considerably. The patent portfolio has more than doubled in size and comprises 42 patent families, within these families there are numerous granted patents both in the UK and in various territories around the world. GW has also developed a trademark portfolio of 21 UK registered trademarks with equivalent marks registered in many other territories around the world. GW also holds nine registered design rights and nine plant variety rights.

http://www.gwpharm.com/research_property.asp

It appears that “Patents on compositions of matter for delivery of cannabis” means “Patents on cannabinoid ratios”.

Their ratio is 51% CBD and 49% THC:

Guy’s publicly-traded company has developed three types of medicine made from cannabis extracts: a high-THC extract called Tetranabinex, a mostly-CBD extract called Nabidiolex, and the 51-49% mixture of CBD and THC, called Sativex.

http://www.medicalmarihuana.ca/sativex.html

CBD began to be studied in the 1960’s. Research into it’s anti-psychotic (or anti-THC overdose) qualities go back to the 1980’s.

http://www.scielo.br/pdf/bjmbr/v39n4/6164.pdf

Sativex was patented in 2006:

In most cases, patents are issued before the drug comes to market. In this case, the first patent pertaining to Sativex was issued on April 25, 2006 and it came under the PMPRB’s jurisdiction at that time.

http://209.85.173.132/search?q=cache:xND…clnk&cd=2&gl=ca

Sativex was released for MS patents:

http://www.gwpharm.com/news_press_releases.asp?id=/gwp/pressreleases/currentpress/2006-09-05/

Research into cannabis and MS has been going on for quite some time – this review of research is from 1996, and it indicates studies on cannabis and MS date from 1994 and studies on CBD date from the early 1980’s:

http://norml.org/pdf_files/ReviewofHumanStudies.pdf

Neem court challenge data:

* Patent No. 5,124,349 Is Obvious in Light of Prior Art:

The issuance of a patent is prohibited if the patent would have been ‘obvious’ in light of prior art. The standard for patentability requires that the differences between a patentable invention and its prior art must be great enough so that a person with ordinary skill in the art would not consider the invention to be obvious at the time of patenting. Patent No. 5,124,349 does not meet this standard.

W R Grace claims that Patent No. 5,124,349 is non-obvious in the light of prior art because in contrast to the traditional chemical extraction techniques, the company’s processes obtain storage-stable azadirachtin formulations. There are several reasons why this argument lacks merit.

First, several Indian scientists had developed stabilisation techniques prior to W R Grace’s patent application. Stabilisation research occurred within India in the 1960s and 1970s. This pre-existing body of work alone should invalidate Patent No. 5,124,349.

Second, in determining whether an invention is obvious, it is necessary to consider the possibilities and capabilities of pre-existing technologies. Inventions are unpatentable if the possibilities raised by prior technologies would make the patent obvious to a person with ordinary skill in the art. This standard disqualifies the validity of Patent No. 5,124,349. Because Indian researchers had already developed the knowledge and technology necessary to make storage-stable azadirachtin formulations possible, this pre-existing knowledge subsumes Grace’s patent claims. Patents may not be granted for trivial changes to known products and processes.

http://www.twnside.org.sg/title/neem-ch.htm

An Indian government challenge in the United States led to the revocation of a patent on another Indian plant, turmeric, whose medicinal qualities have been known for centuries. That challenge was accepted as a result of India showing that the knowledge had been found in the Indian pharmacopoeia.

In the United States, prior existing knowledge to deny a patent is accepted in terms of publication in any journal, but not of knowledge known and available in oral or folk traditions.

This narrow view of prior knowledge has been responsible for any number of patents for processes and products derived from biological material, or their synthesis into purer crystalline forms.

In the United States, neem seeds and their potent insecticidal extract, azadirachtin, have been the subject of continuing biotech research and grant of patents.

The US funds and grants have been made available also for tissue culture of the azadirchtin, to obviate the need for extracting it from the neem seeds, which are seasonal.

An US Company, AgriDyne has received two US patents for bioprocessing of neem for bioinsecticidal products. The first patent is for a refining process that removes fungal contaminants found in extracts from the neem seed, and is used in the manufacture of technical-grade azadirachtin, and in the production of AgriDyne’s neem-based bioinsecticides. The second patent is for a method of producing stable insecticide formulations containing high concentrations of azadirachtin.

The US TNC, W.R. Grace has patents for neem-based biopesticides, including Neemix for use on food crops. Neemix suppresses insect feeding behaviour and growth in more than 200 species of insects.

In New Delhi, the Indian Minister for Science and Technology, Dr.Murli Manohar Joshi welcomed the EPO decision and said that the revocation of patent had been on the issue of bio-piracy and this should lead to a better protection of India’s heritage of traditional knowledge.

A Third World Network expert group on Implementing TRIPS, recommended in 1998 that developing countries to apply a broad concept of ‘prior art’ to ensure that patents are granted to actually ‘new’ inventions, and to stick to the need of novelty of the process itself as a condition of granting a patent. The developing countries were also advised to deny patents for new uses of a known product or process, including second use of a medicine or for incremental additions to get a new patent on a prior one.

The expert group advised developing countries to define and interpret ‘novelty’ according to generally accepted concepts, namely, any prior disclosure whether written or not destroys novelty. Knowledge like use of medicinal plants diffused within a local or indigenous community should also be deemed prior art and patent denied.

And writing such a rule into their legislation would prevent patenting of knowledge or materials developed by and diffused within local or indigenous communities.

http://www.twnside.org.sg/title/revoked.htm

Abstract A recent United States patent covering an improvement to the naturally-occurring pesticide in neem tree seed oil might have been rejected as ”obvious” if United States patent law recognized certain forms of prior inventive activity on a par with similar activity occurring within the United States” borders. But the US only recognizes prior ”knowledge, use or invention” as blocking a claim to a patent when those activities take place within US borders, or are evidenced by publications accessible in the US, or, more commonly, by foreign patents. Neither of these last forms of tangible ”prior art” is likely to be available to block patents on biodiversity inventions – most notably because of the fact that most developing nations do not allow patents on pharmaceutical or agricultural inventions, categories subsuming most biodiversity-related advances. Although the United States patent only has direct force within the United States, it is nonetheless highly significant to this global dispute, since the United States and other developed nations stand to be the major markets for the end-products of neem. This paper argues that the border-drawing distinctions in US patent law are archaic, counter to stated policy directives and are disproportionately influencing the developing world”s stance towards GATT and its intellectual property rights provisions.

http://www.springerlink.com/content/nx58468m7023r452/

In its Request for Re­examination, the coalition states that there is enough evidence to the claim of ‘prior art’ outside the US (in India). It also claims prior art inside the US. In its request, the coalition sums up proof for ‘prior art’ in an attempt to get the patent revoked.
Firstly, the coalition claims the patented process has already been used by Indian farmers for many centuries. However, when Grace states that their method differs substantially from the method used by Indian farmers, they may have a point. Traditionally, the farmers have used water as solvent for the extracted oil from the neem seeds. The protic solvent cannot stabilize the azadirachtin for a long time. This is not a problem because the product is used within a few days of production. Therefore there is no immediate need for a process of stabilizing the extract. The need for extract preservation only arises in case of mass production for broader and distant export markets.
Secondly, the coalition claims the knowledge for the process patented was already available in India and elsewhere. The properties of the neem tree as pesticide and insecticide were discovered by Indian scientists decades ago. “The treatment of neem seeds with aprotic solvents has been used since the 1950’s, and scientists had prepared neem seed extracts with the same solvents that W.R. Grace used in its patent, and solvents similar to those identified by W.R. Grace, years before the company’s earliest efforts”. The coalition points out that much of the research and experimentation has been conducted by small­scale organizations which have no interest in or capability of using foreign patents. This foreign knowledge as prior art is supported by several letters from foreign scientists.
Thirdly, the coalition claims that the process patented was not new and novel from a domestic point of view. In their request, they presented many scientific publications to prove that the knowledge of the use of protic solvents in stabilizing organic material was publicly accessible. They also presented letters from US­based scientists who state that ‘no new novel chemistry was discovered’ and that the process patented makes ‘only trivial changes to known products and processes’.

http://www.biotech-monitor.nl/3004.htm

David Malmo-Levine

Comments

42 Comments

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  3. Anonymous on

    He’s (or more accurately – it’s) even bringing up references to your mother there, DML. THAT’S what I call the sleeziest of the sleez!

  4. Anonymous on

    God will see you off to see satan when your judgement day comes; enjoy the eternal searing of your wretched soul. “I hope pain is something you enjoy” – Klingon proverb.

  5. hairy hair on

    use grass, get hip, then eat yohr veggatables, an mat yoh hairz.

  6. Anonymous on

    But what if I claim that that eternal and infinite thing is in you? Interested observer.

  7. Anonymous on

    you must have misunderstood mountainlion forestlynx.

    He,s basicly a good guy who was trying to use his own brain.

    The outcome of his aproach though would have been equally unsure as anyones elses aproach in defying our present governmental systems.

    Me for one, I’m always happy about people’s personal imput, especially if they are also prepaired to stick to their proposals practicly and individually, allthough I don’t see the latter as a inherent necessary condition for their initiative to become approvedly exposed to a public audiance.

    :)

  8. Anonymous on

    Thanks for your input Interested Observer.

    Best regards from anonymous 13:16

  9. Interested Observer on

    Thanks for the link but, the site was a bit too wordy for my tastes. Two points I would like to make though.

    First, my posts are intended to inspire people to call prohibitionists by their true name: Nazi. The aims and methods employed by such people come straight from the Nazi handbook. I would suggest you read Naomi Wolf’s excellent books “The End Of America” and “Give Me Liberty”. She provides a much better account of what is going on than I can in a brief post. Reading any number of Noam Chomsky books will also help.

    Second, my aim is simply to provide some balance. My spiritual beliefs are based on Taoism and Zen Buddhism. As such, I feel that it is impossible to rid the world of evil or even bad people; it is only necessary to maintain the balance between good and evil. As for peace and enlightenment, I feel these cannot be obtained through interaction with others but only by focusing on that which is infinite and eternal within.

    So you see, I’m not depressed, just trying to make a small difference. And I prefer to call it venting rather than whining.

  10. forestlynx on

    do you work for the government or pharmacidical companies mountian lion you silly GIT! (same thing as far as i know. just money mongering cunts!)

  11. mountainlion on

    Sure. Next, you will probably want to patent the sun, so that everybody can have free access to it.

  12. David Malmo-Levine on

    “Let’s all start getting patents for the joint, the bong, bubble hash, Bubblegum seeds, Train Wreck seeds, White Widow seeds, etc…….. Then do nothing! No enforcement! Nothing! The patented thing effectively becomes “public domain” while the Bayer-esque assholes of the world are blocked from their frivolous patenting madness.”

    By doing this we endorse the patenting of discoveries and prior art – that’s a mistake that could get out of control quite quickly (if it hasn’t already).

    By doing this we also endorse any biological patents they may have already obtained. Believe me – in a race to patent everything they have 100 billion dollars bigger budget and they will win that race.

    I would rather we didn’t allow discoveries or the patenting of prior art and prior knowledge and return to the old standard of patenting “inventions” only.

  13. Anonymous on

    that’s also one way to go about it, altough I persenally like to stick to the freemans aproach.
    To each his own cup of thee,but I don’t see any obstuction in throwing it all in the same time at them.
    Nice piece of input anonymous 11:54.
    keep up the good work.
    Tnx mate!

  14. Anonymous on

    C’mon Interested Observer, That sounds rather Depressed now doesn’t it:(

    Let me cheer you up by offering you this link:

    http//:olivefarmercrete.blogspot.com/

    So now you look into yourself and act according to your true innerbeeing and you will discover something else seems to be more powerfull than guns.

    Only thing you have to do is to be an inspiration to others so they will become inspired by you etc etc into infinity.

    Give it a shot man, don,t stand there and whine. :)

  15. Anonymous on

    The Canadian doctors who developed animal extracted insulin got a patent. They did not use it for personal profit. They used the legal power it gave them to control the quality of the insulin that permitees produced. The popular no-cost Linux operating system can only be used by an agreement which prohibits you from ever selling it. So, boys and girls, enough with the petty back biting. Let’s all start getting patents for the joint, the bong, bubble hash, Bubblegum seeds, Train Wreck seeds, White Widow seeds, etc…….. Then do nothing! No enforcement! Nothing! The patented thing effectively becomes “public domain” while the Bayer-esque assholes of the world are blocked from their frivolous patenting madness.

    We all owe our gratitude to Grinspoon and Malmo-Levine for bringing this important topic to public attention.

    Thanks guys!

  16. David Malmo-Levine on

    “…you give out free dope to stoner goons—”

    A thug; a usually muscular henchman with little intelligence (also known as a ‘hired goon’); A fool; someone considered silly, stupid, awkward, or outlandish; An enforcer or fighter
    en.wiktionary.org/wiki/goon

    Cannabis users are neither stupid nor violent – “goon” is more of a description of an alcoholic. Cannabis users are demonstrating an intelligent preference for a safer, cheaper and more effective relaxant than those who shun cannabis and use alcohol instead.

    “… even BIG PHARMA doesn’t sink _that low – ”

    Big Pharma kills thousands every year – cannabis dealers kill nobody:

    Number of American deaths per year that result directly or primarily from the following selected causes nationwide, according to World Almanacs, Life Insurance Actuarial (death) Rates, and the last 20 years of U.S. Surgeon Generals’ reports.

    LEGAL” DRUG OVERDOSE (Deliberate or accidental) from legal, prescribed or patent medicines and/or mixing with alcohol – e.g. Valium/alcohol 14,000 to 27,000

    MARIJUANA 0

    http://www.jackherer.com/comparison.html

    Big Pharma sinks low enough to kill their customers.

    “** stoner goons are not responsible people- ”

    It would be the same if you were handing out gold or silver or bottles of wine or anything valuable – people push and shove. The fact that we’ve handed out hundreds of thousands of joints over the years with no stampede is proof that we are not goons – we’re smart and imaginative enough to figure out a way to do it where nobody gets hurt.

    “** you are jealously waging a war against ” some drugs” here Dave,”

    I’m not saying coffee should be illegal – I’m just pointing out the fact that it’s more dangerous than cannabis. Here is the proof if you don’t believe me:

    http://www.cannabisculture.com/v2/node/19473

    “pushing any drug to the vulnerable is the sleeziest of sleezies-”

    “Pushing” implies I’m introducing a new drug to people to their detriment. Everyone at that rally has already decided they enjoy cannabis enough to support civil disobedience – I didn’t introduce it to any of them. And even if I did, it doesn’t hurt them and it helps them to relax, feel good, get their appetite and enjoy themselves – how is that wrong?

    And what makes them more “vulnerable” – their intelligent preference for cannabis or the fact that there are laws that would put them in jail for that preference?

    “deny Bayer-Monsanto their penny royalty.. ”

    They make more than a penny.

    “In 2005, global pharmaceutical sales totalled US$602 billion with growth of 7% from the previous year.”

    http://docs.google.com/gview?a=v&q=cache%3AKlfs0DrjTbgJ%3Awww.libertyparkusafd.org%2Flp%2FNatureFirst%2520USA%2FSpecial%2520Reports%255Cglobal%2520chemical%2520combines%2520and%2520cartels%255CGlobal%2520Pharmaceutical%2520Industry%2520Facts%2520and%2520Figures.pdf+%22global+pharmaceutical+sales%22&hl=en&gl=ca&sig=AFQjCNHr2bb_Tz6eXaCQ7FjVAuJkXIZWjA&pli=1

  17. Anonymous on

    You can’t smoke an aspirin – that’s why it’s inferior to opium or cannabis//

    ** dopefiend all the way! go Dave Go ! you can single handedly defeat team Starbucks and their international chainstores of unsafe injection sites. Welcome ” Dopefied Daves Pot Tncture Lattees- try our new” Poppy Juice soya shakes ” free samples ( mwah mwah )

    you have never quit !”
    Not true.//

    ** our mistake, they don;t let you smoke in jail and chase you with a piss flask during probation

    I give advice, not orders.//

    ** you what? dope dealer manipulator advisor ?? you give out free dope to stoner goons— even BIG PHARMA doesn’t sink _that low –

    When handing out cannabis you have to do it in a certain way or else people will get hurt in the stampede

    ** stoner goons are not responsible people- well put Rev Jim Jones

    Nothing sleezy about distributing cannabis – it’s far more ethical than being a coffee pusher.

    ** you are jealously waging a war against ” some drugs” here Dave,, Distributing cannabis is sleezy-using free pot to control stoner goofs is exceptionally sleezy-unacceptable to the point of planetary unlawful .
    …aka ” Wrong “( look that up online ) pushing any drug to the vulnerable is the sleeziest of sleezies- Well Dave, you, your expert witnesses and your Mom will find out next week in provincial court– right after Marc Emerys’ garage sale

    If this free discussion gives you a headache,
    maybe chew, snort, smoke or anally insert some organic willow bark–
    deny Bayer-Monsanto their penny royalty..

    Iit;s been a slice, but I gotta go pick up another 50 gal drum of HANDCUFF POLISH- v thanks for the overtime,, say hi to your Mom for us.. does she have our new Crime Stoppers Brochure yet ?

  18. David Malmo-Levine on

    “Go light up an aspirin”

    You can’t smoke an aspirin – that’s why it’s inferior to opium or cannabis – you have to wait 40 minutes for aspirin to work but opium and cannabis – smoked – takes less than five minutes to work.

    “what pain do you struggle with that you have to mask it with drugs?”

    You are the one that brought up pain killers. You wrote “Smoking crude dried cannabis is a redundant concept for pain relief- that is hardly worth anybodys’ while.” I was responding to that – cannabis helps people who are in pain. I never said I was in pain. I use cannabis for it’s inspiration and stimulation properties.

    “… pot was supposed to be a pleasure item, And how would you know about cannabis withdrawal? you have never quit !”

    Not true.

    “Carry on dave, you are a harmless crank, surrounded by obtuse old farty stoners-Llike lint, better you are all in one filtered place than blowing around everywhere else ,,the courts will spank you for this latest round of dope offenses and you will become even more teddy bear like.”

    And you are all insults and no facts.

    “BTW we saw the clip of you at the Free Marc Emery event- for an anarchist you sure get off on telling other people what to do-”

    I give advice, not orders.

    “… when to stand, when to sit, how to smoke – controlling people with mood modifying drugs just like Big Brother is bad habit you picked up from mega Pharma banditos-”

    When handing out cannabis you have to do it in a certain way or else people will get hurt in the stampede. I only advised people to do it that way – there were no orders given. People were free to ignore my advice – they saw no reason to.

    “In your now disbanded herb schoo= in the slums of Vancouver or at a public gathering you alwaysplay the sleezy pushy candy man- bag of dope in hand ready with the free samples just like in Reefer madness– lovable and welcome as a raccoon knocking over a garbage can ..”

    Nothing sleezy about distributing cannabis – it’s far more ethical than being a coffee pusher.

    “Do you require a footnote for _everything Mr Cognative Downswing? Most of your links are just somebody elses opinion,”

    Here are the links to this article and to the comments section … which ones link to an opinion?:

    http://www.gwpharm.com/research_property.asp
    http://www.medicalmarihuana.ca/sativex.html
    http://www.scielo.br/pdf/bjmbr/v39n4/6164.pdf
    http://209.85.173.132/search?q=cache:xND…clnk&cd=2&gl=ca
    http://www.gwpharm.com/news_press_releases.asp?id=/gwp/pressreleases/currentpress/2006-09-05/
    http://norml.org/pdf_files/ReviewofHumanStudies.pdf
    http://www.twnside.org.sg/title/neem-ch.htm
    http://www.twnside.org.sg/title/revoked.htm
    http://www.springerlink.com/content/nx58468m7023r452/
    http://www.biotech-monitor.nl/3004.htm
    http://dictionary.reference.com/browse/arbitrary

  19. Anonymous on

    Smoked medicines are quicker acting than any other kinds of medicines …

    Go light up an aspirin

    and cannabis – unlike ALL other pain relievers – has no significant withdrawal symptoms.

    what pain do you struggle with that you have to mask it with drugs? pot was supposed to be a pleasure item, And how would you know about cannabis withdrawal? you have never quit !

    Carry on dave, you are a harmless crank, surrounded by obtuse old farty stoners-Llike lint, better you are all in one filtered place than blowing around everywhere else ,,the courts will spank you for this latest round of dope offenses and you will become even more teddy bear like.

    BTW we saw the clip of you at the Free Marc Emery event- for an anarchist you sure get off on telling other people what to do- when to stand, when to sit, how to smoke – controlling people with mood modifying drugs just like Big Brother is bad habit you picked up from mega Pharma banditos-

    In your now disbanded herb schoo= in the slums of Vancouver or at a public gathering you alwaysplay the sleezy pushy candy man- bag of dope in hand ready with the free samples just like in Reefer madness– lovable and welcome as a raccoon knocking over a garbage can ..

    Nice one Dave- keep barking till the dog catcher shows up. no license ? refuse to stoop and scoop citing your constitutional right to shit whenever the mood hits you ? win a free ride to the pound- yet again Dave, thats what a repeat offender is –
    not exactly a public enemy ( Marc Emery )
    but more a public nuisance ( raccoon )

    Do you require a footnote for _everything Mr Cognative Downswing? Most of your links are just somebody elses opinion,,that sort of mirror yours- few facts in any of them.. sheesh Dave — tell your epic tale of self realization to the judge- bet him $100 you won’t get sent to jail.

  20. Interested Observer on

    What you say is true but, when the cops go to arrest someone they don’t point a wad of cash in their face. Without the guns, the cops have no power. Nor does the government for that matter. To quote two less-than-reputable-but-still-true sources:

    “Power grows out of the barrel of a gun” – Mao
    “Essential for successful government is the regular employment of violence” – Hitler

    or to quote a very old adage:

    Might makes right.

    I don’t like it but that’s just the way it is, was and always shall be.

  21. Anonymous on

    Power grows from money and/or intelligence. The struggle for cannabis reform is only one friction point where knowledge is fighting against money.

  22. David Malmo-Levine on

    “If you had asked for factual wrestling using only sources you approve of,”

    Try backing up some of your comments with sources I don’t approve of. From what you’ve provided so far, your opinions have nothing to back them up with – my “approval” has nothing to do with the fact that you’re pulling facts out of your assyclopedia.

    “Challenge your article? we did- and the aspects we found thin, vague or wanting we said so,, thus ”
    Commenting in the Comment area””

    You insulted much and provided zero proof to back up your comments. One would think that if I really wrote something insult worthy, you could walk the walk instead of just talking the talk. I think you’re fronting and you really don’t know what you’re talking about. My article was co-authored by a Harvard Medical Professor … your insults were clearly not peer reviewed.

    “If you require a narrow anarchist response so you can carry on…”

    How about a factual response? I call bullshit on your response – all lies – nut up or shut up.

    “No wonder you don’t get much support dave for ideas– …”

    I would consider co-authorship from a Harvard medical professor substantial support.

    “…you ask for response and then play arbitrary referee.”

    I’m just pointing out everything in the article was factual and nothing in your comments was factual. What’s arbitrary about that?

    ar?bi?trar?y
    –adjective
    1. subject to individual will or judgment without restriction; contingent solely upon one’s discretion: an arbitrary decision.
    2. decided by a judge or arbiter rather than by a law or statute.
    3. having unlimited power; uncontrolled or unrestricted by law; despotic; tyrannical: an arbitrary government.
    4. capricious; unreasonable; unsupported: an arbitrary demand for payment.
    http://dictionary.reference.com/browse/arbitrary

    If my accusations about you not having a factual base for your comments are untrue, you can always disprove me by providing facts. But you don’t – therefore my accusations are true … which means they are by definition not arbitrary.

    “Good luck selling the idea of smoking crude dry pot into a larger audience who is trying to quit smoking …”

    That audience is trying to quit smoking TOBACCO because cigarettes KILL PEOPLE – unlike cannabis.

    “…that’s 19th Century technology”

    Could be first century technology – it still works much better than Thalidomide as a sedative.

    “Big Pharma welcomes inspection- you run away .”

    How is creating a fixed-location (and thus totally accountable) distribution system “running away”?

    “Smoking crude dried cannabis is a redundant concept for pain relief- that is hardly worth anybodys’ while.”

    Oh dude … you’ve totally come to the wrong website to lie about cannabis – nobody here is going to fall for that. Smoked medicines are quicker acting than any other kinds of medicines … and cannabis – unlike ALL other pain relievers – has no significant withdrawal symptoms.

  23. Anonymous on

    your own automatic reader response asks for
    ” Comments” Dave and you got them.
    If you had asked for factual wrestling using only sources you approve of, well you might as well just talk to yourself,

    Challenge your article? we did- and the aspects we found thin, vague or wanting we said so,, thus ”
    Commenting in the Comment area”
    If you require a narrow anarchist response so you can carry on , just say so and we won;t challenge your little world with outside your sphere “comments” views, opinions, points or overviews.

    No wonder you don’t get much support dave for ideas– you ask for response and then play arbitrary referee. Good luck selling the idea of smoking crude dry pot into a larger audience who is trying to quit smoking in general and is ready for compassionate socially responsible and still makes a buck accountable Big Pharma tested products VS your one man on way to jail hillbilly bathtub brews of BC grown opium and pot mixed with Govt liquor store vodka..that’s 19th Century technology

    Big Pharma welcomes inspection- you run away . – Smoking crude dried cannabis is a redundant concept for pain relief- that is hardly worth anybodys’ while. Go ahead, Dave award yourself wiseguy points from your on whim make it up as you go Referee of Validity .playbook – maybe frame ” the best of” your little bully bests in your mind victories

    Go ahead, make your own day If you can’t handle “comments” maybe change your robot to solicit ” Compliments only ”

  24. Anonymous on

    so true Mountainlion.
    Our governments are cunning assholes; with their one hand they seem to give while with their other hand they take it all away.
    I learned to be verry cautious of any type of government official desperatly in need to do some good for this world.
    they are usually always the decieving “wolf in sheeps clothes”
    Happily thanks to Jack Herrer and Rob Menard we know now that The Emperor wares no clothes, so lets go and take a laugh at the naked bastard.
    See if he will apear decent again eventually.

    :)

  25. Anonymous on

    Man, good to see ya Alpha…
    never mind…

  26. Anonymous on

    Stick to the right to keep your own opinion Mr/Mss anonymous, we aonnymouses preserve the right to stick to our owns.

  27. one12alpha on

    …the typical scum that supports the “war on terror” or the “war on drugs”, with out even considering the fact that you cannot fight an inanimate object and win, nor can you fight a concept. Either of these declared wars make as much sense as a “war on rocks”, or a “war on love/fear/hate/kindness/apathy” They simply cannot be won, they will always exist. And don’t even get going with your patriotism BS, I deployed to Iraq(back in 05, 3/8 2nd marine div, Ar Ramadi), your “support our troops” bumper sticker is for me.

    I fail to see what the multi-national conglomerate, Oil/Pharm/media/who knows what else, has done to come off as compassionate to you. And please tell me what makes them “qualified” to research, and don’t tell me about some piece of paper degree…those can be bought by anyone with enough liquid assets. They’re no more qualified than the Myth Busters team, or any high school lab for that matter.

    I also find it quite amusing how you expect us to believe you were able to do enough research to claim this whole article to be fictitious. As of right now it was posted no more than 10 hours ago. I doubt you can find sufficient resources to bring any of Dave’s articles to be fiction, let alone this one in that amount of time. Whats more, I’m sure, if you were to ask, Dave would sight resources on any subject you wish to contest as fiction, or if you would just like farther reading on one subject or another. Watch the forum, I’m sure there will be plenty more like you, and the resources will start to flow.

    I’m tired of the Orwellian “double think” type mentality of people who come to a site, time after time, and offer no useful criticism. Often making jab after jab at the owners of the site, and never sticking around for the fight. If you can’t stand it so much, why visit? Go read something else about something you actually have some knowledge about. Then, when you have some criticism to offer, just maybe it will be of some relevance. I think you will find your self quite out numbered with Dave’s supporters here And when it comes to debating the facts, I would hate to be the one to go up against Dave unprepared….you will lose.

  28. Anonymous on

    quote:legally quallified personal

    Leagally doesn´t automaticly mean lawfully.

    More often than not “legally” is cunningly twisted foul judicial language ment to oppress the true meaning of Lawfully.

    Legally operating Human Beeings are now more often then not serving the works of an EVIL entity.

    Please go doing your homework Mr/Mss anonymous.

  29. MountainLion on

    Medical Marijuana has gained huge momentum lately, especially with the Obama administration.

    But it hasn’t gone far enough. Not nearly far enough.

    Full legaliztion of marijuana, and all drugs, IMMIDIATELY, is the only acceptable path.

    I am shocked and amazed at people in Colorado who think that marijuana is legal now, just because they hold a medical marijuana card and can grow legally at the moment. This situation could all change very quickly.

    Many are out to make a profit, and give nothing to the cause. These kinds of people are consumers of culture, rather than creators of culture.

  30. Anonymous on

    It´s for reasons that not everyone made of gods consistence behaves equally respectfull towards others on such a manner that I would houour it with a capital G.
    Mr/Mss anonymous making the statement in wich he/she called David an old hippy flake fart etc. I will hold personal accounteble for causing disrespect, oppressingly provoking members of society and lack of compassion towards others.

    Corporations however are not consistent with the equivalent of Humen Beeing and hence do I not feel obstructed to use foul language towards their (evil) existence.

  31. Anonymous on

    For the same reason anyone opressing me the duty to write “god” with a capital G I will opose,since up to so far god haven’t instructed ME to honour IT this way.
    In fact as is now clearly noticible, it instructed me to put it’s name out on a more humble manner.

    Best regards to all and my private humane opinion goes<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<.FUCK THE CORPORATIONS!

  32. Anonymous on

    (quote) constitution: By law and under god we are all equal.

    Anyone claming the right to create an act that allows patents to exist I will oppose with my (our?) claim of right to grow under the supervision of god(=consciense=interacting “intelligent” matter)any type of herb of wich the DNA consists with the way god originally intended it for us to be used and influenced by the immage of it’s (not his) reflection.

  33. Interested Observer on

    You really need to start using the proper title for old Gil. He’s not a Drug Czar, he’s a Drug Fuhrer. Czar was a Russian emperor – not really approrpriate in this context. Fuhrer was the head Nazi and biggest war criminal – totally appropriate in the context. Now, all we need to do is get the DEA to make “Sieg Heil!” their official motto and history will truly be repeating itself.

    Power grows out of the barrel of a gun; pot grows from the Earth.

  34. james t on

    My own mother was diagnosed with MS 25 years ago. She joined the MS fondation and right away flyer after flyer of the newest drug therapy’s, the next break threw treat meant! She tried it all, its what the doctors prescribed..shelled out all her money and next we where broke..my family asked how could we keep the treatments going…No response ..my mom saids she was “MUBBLED” at by a few doctors. She heared the benifits of smoked marijuana and has been smoking the wonderful drug consistantly for over ten years. I can’t say anything scientific. I can say she has been in remission ever sense. Marijuana has alot of theraputic properites. The one that works for my mother is it calms her the f-ck down..stress is a big cause of a ms outbreak.. Herbal medicine needs serious consideration in our treatments and therapies. We also need to stop being ignorant of the established pharma.. IT’S ABOUT MONEY,ITS ABOUT SHAREHOLDERS…WHERE DOES THAT LEAVE THE REST OF US!!!

    -James T “portland,oregon”

  35. David Malmo-Levine on

    …. I would listen to them.

    But I’m going to ignore the insults from the big pharma fan club.

    They can choke on some Thalidomide while I blow a few smoke rings and we can empirically test which of the two is the better sedative.

  36. David Malmo-Levine on

    You wrote all those insults down and managed to avoid dealing with any of the many points raised in the article!

    Thank you for re-affirming my suspicions – that critics would be unable to challenge the article on a factual basis.

  37. David Malmo-Levine on

    … claiming he was only talking about “smoked marijuana”.

    Well I guess the drug czar and big pharma are in full agreement once again.

  38. Anonymous on

    so many people named “Anonymous”! I think I’ll call myself that as well… Too bad trying to speak seriously about this article means nothing when you don’t have a name…

  39. Anonymous on

    You come off as an old hippy flake fart Dave, even if you are actually a one man anarchist society trying to stiffle the progress of others> Nice try – great piece of fiction writing. Just because you are trapped in Amish era bathtub dope elixirs ( that you routinely get busted for by the police for whipping up sketchy illegal opiate & cannabinoid based nostrums in your Vancouver slum hillybilly lab )- duh… doesn’t mean the rest of the civilized world has to freeze frame out to suit your narrow stoner expectations of applied Woodstockian medicine. Crude dried Cannabis is not the world which all the other planets and the sun revolve around in spite of what you daydream about,, Cannabis medicine is just _one promising source out there that qualified compassionate researchers are exploring,, key word: ” qualified ”

    Live and let live Dave- let those who are qualified do their thing because they will do their thing- legally, professionally- compassionately in the light of day. -and may the best Witchdoctor prevail: winner take all, loser leave town.

    Besides, you will probably still be in jail for dope dealing by the time accountable realistic cannabis medicine gets off the ground. Great opinion piece though. you make it a proud day for snake oil.

  40. Anonymous on

    Here we are.

    “Marijuana is dangerous and has no medicinal benefit.”
    — White House drug czar Gil Kerlikowske”

    Obama employs lying bastards to head important government departments. What’s that about?

  41. Anonymous on

    Didn’t read the whole thing but I found this part interesting.

    “Even the US government has gotten in on the action. Patent #6,630,507 was awarded to the US Department of Health and Human Services in 2003, and states that cannabinoids are neuroprotectants and anti-inflammitory agents, useful in the prevention and treatment of stroke, trauma, auto-immune disorders, Parkinson’s, Alzheimer’s and HIV dementia as well as many other diseases.”

    The folks who made the CSA stated that there is no medical value to Cannabis. Maybe they should tell that to the US Department of Health and Human Services because they seem to be under the impression that it does. So which government department do we believe? Apparently the patent office also needs some educating from the DEA.