What’s the Matter, Mary Jane? How a Lack of Prior Art Complicates the Patentability of Marijuana

The marijuana industry is one that boasts a value of over $40 billion. As public opinion continues to change in favor of legalization and new research is performed, America is swiftly becoming “the land of the red, white, and green,” with an ever-increasing number of states legalizing marijuana for broad use and consumption. However, marijuana still remains illegal under federal law due to its treatment by the federal government under the Controlled Substances Act (“CSA” or “the Act”). Congress passed the CSA in 1970 as part of an ongoing effort to regulate controlled substances and decrease abuse of such substances in the United States. This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 5, 2019. The original post can be accessed via the Archived Link button above