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(12) United States Patent (10) Patent No.: US 9,370,164 B2 Lewis Et Al

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(12) United States Patent (10) Patent No.: US 9,370,164 B2 Lewis Et Al USOO93701 64B2 (12) United States Patent (10) Patent No.: US 9,370,164 B2 Lewis et al. (45) Date of Patent: *Jun. 21, 2016 (54) BREEDING, PRODUCTION, PROCESSING 2013/0109747 A1 5, 2013 Whittle AND USE OF SPECIALTY CANNABS 2014/02434.05 A1 8/2014 Whalley 2014/0245494 A1 8, 2014 Cohen (71) Applicant: Biotech Institute LLC, Los Angeles, 2014/0245495 A1 8, 2014 Cohen CA (US) FOREIGN PATENT DOCUMENTS (72) Inventors: Mark Anthony Lewis, Los Angeles, CA GB 2459 125 10/2009 (US); Michael D Backes, Los Angeles, CA (US); Matthew W Giese, Los OTHER PUBLICATIONS Angeles, CA (US) No art cited. (73) Assignee: Biotech Institute, LLC, Westlake De Meijer et al., 2003, The Inheritance of Chemical Phenotype in Village, CA (US) Cannabis Sativa L. Genetics, 163:335-346. De Meijer et al., 2005. The Inheritance of Chemical Phenotype in (*) Notice: Subject to any disclaimer, the term of this Cannabis sativa L. (II) Cannabigerol Predominant Plants. Euphytica, patent is extended or adjusted under 35 1.45:189-198. U.S.C. 154(b) by 0 days. De Meijer et al., 2009. The Inheritance of chemical phenotype in Cannabis sativa L. (III) Variation in Cannabichromene Proportion This patent is Subject to a terminal dis- Euphytica, 165:293-311. claimer. De Meijer et al., 2009, The Inheritance of Chemical Phenotype in Cannabis Sativa L. (IV) Cannabinoid-Free Plants, Euphytica, (21) Appl. No.: 14/742,493 168:95-112. 2011, Taming THC: potential cannabis synergy and phytocan (22) Filed: Jun. 17, 2015 nabinoid-terpenoid entourage effects, British Journal of Pharmacol ogy, 163: 1344-1364. (65) Prior Publication Data Russo et al. (2006. A tale of two cannabinoids: the therapeutic ratio nale for combining tetrahydrocannabinol and cannabidiol, Medical US 2015/0359 188A1 Dec. 17, 2015 Hypothesis, 2006, 66:234-246). Hazekamp and Fischedick 2010. "Metabolic fingerprinting of Can O O nabis sativa L., cannabinoids and terpenoids for chemotaxonomic Related U.S. Application Data and drug standardization purposes” Phytochemistry 2058-73. (63) Continuation of application No. 14/216,744, filed on McPartland and Russo 2001 Cannabis and Cannabis Extracts: Mar 17, 2014, now Pat No. 9,095,554. Greater Than the Sum of Their Parts? Journal of Cannabis Therapeu r sw-- a-s tics vol. 1, No. 3/4.2001, pp. 103-132. (60) Provisional application No. 61/801,528, filed on Mar. RG Pertwee. 2008 “The diverse CB1 and CB2 receptor pharmacol 15, 2013, provisional application No. 61/897,074, ogy of three plant cannabinoids: delta 9 tetrahydrocannabinol, can filed on Oct. 29, 2013. nabidiol and delta 9 tetrahydrocannabivarin' Br. J Pharmacol. 153(2): 199-215. ( 51 ) Int. C. CBDCrew "About Us' provided as publishedon Apr. 10, 2012. URL: AOIH 5/02 (2006.01) http://cbdcrew.org/about-us/. AOIH 4/00 (2006.01) CBD Crew “Varieties” provided as published on Mar. 20, 2012. URL: AOIH 5/2 (2006.01) http://cbdcrew.org/varieties/. A6 IK36/85 (2006.01) Kojoma, M. et al., DNA polymorphisms in the tetrahydrocan AOIHL/04 (2006.01) nabinolic acid (THCA) synthase gene in "drug-type” and “fiber type” Cannabis sative L. Forensic Science International, Jun. 2, 2006, AOIG L/00 (2006.01) pp. 132-140, vole. 159, No. 2-3, Elsevier Scientific Publishers Ireland (52) U.S. Cl. Ltd. CPC A0IH 5/12 (2013.01); A0IGI/001 (2013.01); International PCT Search Report for PCT/US2014/046694, mailed A0IH I/04 (2013.01); A0IH 4/00 (2013.01); on Jan. 5, 2015. A0IH 5/02 (2013.01); A61K 36/185 (2013.01) Bertoli A. et al., “Fibre hemp inflorescences: From crop-residues to (58) Field of Classification Search essential oil production”, Industrial Crops and Products, Nov. 1, None 2010, pp. 329-337, vol. 32, No. 3. See application file for complete search history. (Continued) (56) References Cited Primary Examiner — Russell Kallis U.S. PATENT DOCUMENTS (74) Attorney, Agent, or Firm — Cooley LLP 4.279,824 A 7/1981 McKinney 6,403,126 B1 6, 2002 Webster et al. 6,630,507 B1 10/2003 Hampson et al. (57) ABSTRACT 7,968,594 B2 6/2011 Guy et al. 2004.0049059 A1 3, 2004 Mueller The invention provides compositions and methods for the 2008. O103193 A1 5, 2008 Castor et al. 2008/024.1339 A1 10/2008 Mitchell et al. breeding, production, processing and use of specialty Can 2009.0035396 A1 2/2009 De Meijer nabis. 2010/0216872 A1 8, 2010 Letzel et al. 2011/0098348 A1 4, 2011 De Meijer 2012,0311744 A1 12, 2012 Sirkowski 16 Claims, 19 Drawing Sheets US 9,370,164 B2 Page 2 (56) References Cited The Werc Shop Terpene Profiling Services, Aug. 26, 2012. http:// web.archive.org/web/2012082607 1723/http://thewercshop.com/ser OTHER PUBLICATIONS vicesterpene-profiling-services. G. of Vancouver Island Seed Company, “How to make Clones', Cannabis Culture Magazine published on Tuesday, Apr. 29, 2009. Solon, Olivia, “Medicial Marijuana Without the High”. May 7, 2012, Available online at http://www.cannabisculture.com/content/how retrieved from the internet: www.wired.com. make-clones. Harm Van Bakel, et al. “The draft genome and transcriptome of Fishedick, J. et al., Phytochemistry 2010, vol. 71. pp. 2058-2073. Cannabis sativa”. Genome Biology, Oct. 20, 2011, p. R102, vol. 12, Russo, E.B., The British Journal of Pharmacology, 2011, pp. 1344 No. 10, Biomed Central Ltd., London, GB. 1364, vol. 613. International PCT Search Report for PCT/US14/30267, mailed on CBD Crew Web Pub; (Critical Mass sample available from North west Canna Connection; Feb. 26, 2014, pp. 1-5. http://analytical360. Nov. 7, 2014. com/m/expired 197158. Seedsman Listing of "Sweet and Sour Widow', on May 21, 2013, Satyal, Petal. Journal of Medicinally Active Plants, Dec. 2014, vol. http://web.archive.org/web/20130521.045347/http://www.seeds #3, Issue 1. pp. 9-16. man.com/en/cbd-Sweet-n-Sour-widow-regular-5-seeds. Analytical 360 Analysis of Critical Mass on Aug. 25, 2014. http:// Analytical 360 analysis of Sweet & Sour Widow CBD on Nov. 2, analytical360.com/m/expired 27.6599. 2013. http://analytical360.com/m/expired 131803. CBD Crew Analysis Report; (Critical Mass, Fundacion CANNA; CBD-crew front page on Nov. 22, 2014. www.cbdcrew.org. Mar. 21, 2012), pp. 1-2, http://cbdcrew.org/varieties/cbd-critical Agilent Technologies, Inc. “Consideration for Selecting GC/MS or mass. LC/MS for Metabiomics', Feb. 24, 2007. Analytical 360 Analysis of Sweet n' Sour Widow on May 8, 2014, Waksmundzka-Hajnos and Monika, “High Performance Liquid http://analytical360.com/m/expired/230612. Chromatography in Phytochemical Analysis (Chromatograhic Sci ence Series).” Published May 14, 2012. p. 582 provided. * cited by examiner U.S. Patent Jun. 21, 2016 Sheet 2 of 19 US 9,370,164 B2 How would you describe the aroma How would you describe the flavor? How would you rate the mind high? How would you rate your level of mood enhancement How would you rate your level of hunger? How would you rate your level of physical comfort? How would you rate your ability to function normally? this sample, U.S. Patent Jun. 21, 2016 Sheet 3 of 19 US 9,370,164 B2 Z-ISY133AWJOJS?Ins?YIYH3eqp33,1934unIOA (18OJO403JJI?I Co st c o s V OO g o C. C. C. c. saidues (80 + OHLSA OHL go sausale JaguaoA U.S. Patent Jun. 21, 2016 Sheet 4 of 19 US 9,370,164 B2 U.S. Patent Jun. 21, 2016 Sheet 5 Of 19 US 9,370,164 B2 9XH39M.JOJS?InSØYHX{0eqp398,199?un?0A quæquo)[[O9u9d.19Lpase3.IOuIJO103.jpg N f a f r v- co saidues Gao +OHLSA oHLJo sugae leagunoA U.S. Patent Jun. 21, 2016 Sheet 6 of 19 US 9,370,164 B2 ~~~~~~~~~&~~~~~}, X: & 8 8 8 8 8 8 %937 %98 U.S. Patent Jun. 21, 2016 Sheet 7 Of 19 US 9,370,164 B2 f is . A . s t i ESi s 8 w t i is 2: K33 U.S. Patent Jun. 21, 2016 Sheet 8 of 19 US 9,370,164 B2 auauupoen34× spe?uLJoaqun?oA£X£33M.JosaIgoud9u9duaLQA???IÐH kº?º·~~~~~~~~~~~~~~~~~.~~~~~~~~~~~~~~~~~~}~~~~~~~~~~~~~~~~~~~--------------------------------------%00000s|·?3uos?iedu?oº &}--%0.000'08|9uau?de?d?e- }} } } } } } } } } } ? }} } } } } } } } } } } } } } } } } } } --------------------- ssin??i %00000"| U.S. Patent Jun. 21, 2016 Sheet 9 Of 19 US 9,370,164 B2 s 6?InãIÐ cs saidues CIO + HLSAOH.I. Jo Suae Jeguno A U.S. Patent Jun. 21, 2016 Sheet 10 of 19 US 9,370,164 B2 Figure 10 1OO COMPUTING APPARATUS ENVIRONMENT MANAGEMENT PATIENT MANAGEMENT SYSTEM SYSTEM 104 106 U.S. Patent Jun. 21, 2016 Sheet 11 of 19 US 9,370,164 B2 U.S. Patent Jun. 21, 2016 Sheet 13 Of 19 US 9,370,164 B2 Figure 13 :: x:38.8 U.S. Patent Jun. 21, 2016 Sheet 14 of 19 US 9,370,164 B2 Figure 4 '- ----- A i83.3 U.S. Patent Jun. 21, 2016 Sheet 15 Of 19 US 9,370,164 B2 Figure i5 - -“ro. b- diameter of larger base X- **as l tic diameter of Smaller base U.S. Patent Jun. 21, 2016 Sheet 16 of 19 US 9,370,164 B2 Figure 16 ode outer diameter donut 8:338.3: $83,3483.83:33 typ. --- - - - --- $83,3332.38:3:r typ. U.S. Patent Jun. 21, 2016 Sheet 17 Of 19 US 9,370,164 B2 Figure 17 U.S. Patent Jun. 21, 2016 Sheet 18 of 19 US 9,370,164 B2 3: 8 8::::::::: U.S. Patent Jun. 21, 2016 Sheet 19 Of 19 US 9,370,164 B2 Figure 19 US 9,370,164 B2 1. 2 BREEDING, PRODUCTION, PROCESSING the federal government would allow states to create a regime AND USE OF SPECIALTY CANNABS that would regulate and implement the legalization of Can nabis, including loosening banking restrictions for Cannabis CROSS-REFERENCE TO RELATED dispensaries and growers (Jacob Sullum “Eric Holder Prom APPLICATIONS ises To Reassure Banks About Taking Marijuana Money Very Soon” Forbes January 2014).
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