Patent Nonsense

A Schedule I controlled substance has no currently accepted medical use in treatment in the United States. However, the United States as represented by the Department of Health and Human Services, holds a patent for cannabinoids as antioxidents and neurprotectants, with an objective to provide a new class of antioxidant drugs. Cannabinoids are chemical compounds (such as cannabinol, THC or cannabidiol) that are found in the plant species Cannabis saliva (marijuana). The government explains in their patent that:

Cannabinoids have been found to have antioxidant properties… This newfound property makes cannabinoids 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.

 

The government clearly establishes marijuana’s medical benefits and potential use in the treatment of a wide variety of diseases and trauma. This is obviously in direct conflict with marijuana’s scheduling under the CSA. In addition, the International Patent Application held by the United States, submitted to the World Intellectual Property Organization, further champions the “healing properties of marijuana” and its “legitimate medical use” in the treatment of chemotherapy and AIDS. It is clear that both the Department of Health and Human Services, and the USPTO agree at a minimum that marijuana has a legitimate medical use and therefore does not qualify as a Schedule I controlled substance.