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GW Suffers Major Blow as US Sinks Bid to Patent Cannabinoids for Epilepsy

British firm GW Pharmaceuticals (NASDAQ: GWPH) is licking its wounds after US judges tossed out its attempt to patent multiple cannabinoids for epilepsy treatment following an eight-year battle.

CBD is a PharmaceuticalsThe US Patent Trial and Appeal Board, an administrative law body of the national patent office, denied patent US9066920B2 on January 3, siding with petitioner Insys, a rival biotech firm.

The patent, which has been embroiled in dispute since 2010, is for “the use of one or more cannabinoids in the treatment of epilepsy”. More particularly, to the use of one or a combination of cannabinoids, CBD oil, in the treatment of generalized or partial seizures.

The invention covers a method of treating partial seizure comprising administering cannabidiol (CBD), to a patient wherein the CBD is present in an amount which provides a daily dose of at least 400 mg.

Administrative patent judges Erica Franklin, Susan Mitchell, and Zhenyu Yang, said claims 1 and 2 were “unpatentable” under US law, however the remaining 11 claims that were challenged survived and remain valid, and potentially enforceable should GW decide to appeal.

GW declined to offer comment when contacted by Cannabis Law Report, and declined to confirm or deny it would appeal.

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Confusion Grows Over Legal Use of Hemp in Tennessee

CBD from hemp is legal in Tennessee. People eat CBD gummies or use CBD oil to treat a variety of ailments.

However, a growing trend toward simply smoking the raw hemp bud for CBD has created even more confusion. Legal hemp looks and smells exactly like marijuana which leads to confusion around the status of Hemp in Tennessee.

If available, ask for a printout of the chemical analysis of the plant proving it’s legal hemp.

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Northern Wisconsin Tribe Reaches Settlement Over Plans To Grow Hemp

A northern Wisconsin tribe has reached a settlement with Wisconsin’s attorney general over its plans to grow hemp to produce cannabidiol or CBD oil. The St. Croix Chippewa Indians of Wisconsin filed a federal lawsuit in February against state Attorney General Brad Schimel, saying he objected to the tribe’s plans for processing hemp.

St. Croix tribal attorney Jeff Cormell said parties reached an agreement that the tribe will oversee hemp production for CBD oil on reservation lands.

“That as long as the tribe is only dealing with hemp, that the state will not exercise any jurisdiction,” said Cormell.

The lawsuit was filed prior to Schimel releasing guidance to law enforcement in May, in which he noted growing hemp to produce CBD oil is illegal under federal law except under very limited circumstances. Schimel reversed course a short time later after pushback from state lawmakers who feared Schimel’s stance may harm farmers and those using the oil to treat medical conditions like seizures. Now, farmers can grow hemp to produce CBD oil in Wisconsin as long as they obtain a license from state agriculture officials.

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