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What Happens When Psychedelic-Assisted Therapy Under State Law Meets Patent Rights

SKU: IP7500
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Psychedelic law reform under local law began recently when Denver voters decriminalized psilocybin mushrooms. The reform movement has spread quickly across the United States, generating both headlines and conflict between pharmaceutical companies seeking FDA-approval of psychedelic drugs and activists opposed to commercialization.

Oregon voters legalized psilocybin-assisted therapy in clinics using products manufactured under state licenses. What patent protections are available to licensees in a state "medical psychedelic" program? Can pharmaceutical companies with FDA-approved psychedelic medicine restrict the operations of state-licensed actors and the legacy market?

Lecturer Bios

Noah Potter, Esq.

Noah Potter is a New York City-based attorney and principal of the psychedelic sector consulting firm Legal Market Strategies. He became a drug policy reform advocate as an undergraduate political science student in 1993.

He is a former chair of the New York City Bar Association’s Committee on Drugs and the Law, author of the New Amsterdam Psychedelic Law blog, and an organizer of the New York City Cannabis Parade. In 2018 he assisted the Decriminalize Denver campaign in obtaining board of elections approval of the psilocybin decriminalization ballot initiative that set in motion the current nationwide wave of state and local psychedelic law reform.

Graham M. Pechenik, Esq.

Graham is the founder of Calyx Law, the first intellectual property law boutique to focus on cannabis and psychedelics. He is a registered patent attorney with degrees in Biochemistry and Cognitive Neuroscience. Graham founded Calyx Law in 2016, after a decade at law firms in New York and San Francisco where he obtained and defended patents on behalf of Fortune 500 companies in the agricultural, chemical, pharmaceutical, biotech, and technology industries.

At Calyx Law, Graham has filed dozens of patents in the cannabis and psychedelics spaces, on such inventions as novel chemical compounds, pharmaceutical and nutraceutical formulations, methods of treatment, extraction processes and equipment, mechanical devices, and software. Graham also assists clients with trademarks and contracts, works on legal issues at the intersection of psychedelics with digital health and data privacy, and writes about psychedelic patents as editor-at-large of Psilocybin Alpha.

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