I’ve been trying to remain quiet on this, but I think it’s important for me, as the director of the genetics program at Steep Hill to speak out. I’m doing so partially to distinguish ourselves from what has been going on related to this disclosure, but also to try to put in perspective what it takes to do the kind of work that Steep Hill, Medicinal Genomics and even Phylos do. Also, how the industry needs to change, fundamentally, with respect to the concept of IP and how the practices currently in place in the industry lead to this kind of thing happening.
First, let me say that Steep Hill has no breeding program. We have never done it and are actually precluded from it, due to us holding a license in the Independent Testing Lab category in the California regulations. Because of this, we can’t have ANY financial interest in ANY other license in the industry, at least in California. Steep Hill parent company is based in California, and it is the only Steep Hill (others are licensees) that performs genetic testing. So, other Steep Hill licenses offer genetics services by sending the cards they collect back to the parent company. Thus, Steep Hill won’t and CAN’T cultivate or breed. This is why we work with partners and build markers for breeders to use, LIKE the tools used in Big Ag.
Having gotten that out of the way, the next thing to address is data. Steep hill makes it clear up front. When you test with us, chemically or genetically, we WILL use your data in an aggregate manner. Meaning, we take all the data we’ve gotten from various testing put it into the old data cruncher and get interesting facts out that we turn in to breeding markers. Markers that we then offer to the entire industry so everyone can use them. Do you have to test with Steep Hill to get them? Well yes, but that’s because Steep Hill is the one doing all the analysis and developing models so that we can identify the breeding markers we have. We need to pay for that internal research, so we create IP around methods of identifying the markers, not the markers themselves, OR your genetics. In fact, using Doug’s Varin (highest THCVA producer to date) as an example, when we discovered that this strain was as special as it was, WE contacted the breeder who was UNAWARE of what he had and told him, hey you better do something with this, it’s one of a kind. That’s what a genetic PARTNER does. Uses the information that is accumulated using clients data, to help the client. What’s so interesting is that when we started this… people accused Steep Hill of stealing genetics and trying to become “Monsanto”. There were people all over California and Oregon saying that Steep Hill was stealing genetics. Quite Ironic.
So more on data. while this may sound like i’m being a jerk, but any one strain’s genetic data is pretty much worthless. Without being able to look at tens or hundreds of sequences and aligning them so you can identify points of difference you really have only a bunch of A’s G’s T’s and C’s. It isn’t until you see where the A, G, C and T’s differ by comparing a lot of different strains that you see anything worthwhile. So, Steep Hill says up front, if you test with us, this is what we do, and we will tell you if you have anything interesting. Further we give you all your data, chemical tests, genetics test, etc. It was using this approach that allowed us to release the first sex SUCCESSFUL sex test in the industry, and the first CBD test in the industry. We used our data to make tools that would help breeders do their job better and faster.
So let’s talk about the state of the industry now. Again, i’m going to come off as a jerk, but about 2.5 years ago i made a big stink about Biotech Institute LLC patents. I was one of the first if not the first to start saying they were a problem. That the industry, because of it’s open source nature, was creating a nightmare that, in conjunction with patents like the just mentioned, would leave the door open for Big Ag. This is the same thing that allowed Phylos to do what they did AND still not steal genetics. The reality is, as unfortunate as this whole thing is, and in no way condoning what Phylos did, the industry set it self up for this. We follow NO agricultural breeding practices, from either stabilizing cultivars to filing proper documentation prior to releasing a new cultivar, and then we put them on dispensary shelves for anyone to come buy at $10-$20 a clone. Phylos may not have stolen genetics. They may have gone right to the local dispensary and purchased the same strains they tested for people. That doesn’t make it any better, as they are still using the data they had to gain an advantage. But, gaining an advantage is not the same as stealing.
My previous rants were about the fact that Big Ag will come and eat us up, because we let them. We have no patents or PVP’s and we release clones for anyone… ANYONE includes Big Ag and Big Pharma. They will come to the SAME dispensaries that you and I go to, and buy up all the clones and go back to their labs where companies like Monsanto spend over 1 Billion dollars a year in research and they will fucking flatten us. They do what we do, way better AND faster. And we gave them an open invitation by not having matured as an industry to realize that IP and proper documentation is an important thing. This is not speculation. This is how it works in commercial agriculture. And Big Ag has been doing this, using the molecular tools, for a long time. They know how it’s done, in a way the majority of the industry doesn’t understand.
The runway for this, is the very nature of our industry, and the believe that the other industries will play by our rules when they come to the table. I’ve said this before. If you have unique chemovars, you should be using advanced tools to breed your ass off, and file as many PVP’s or plant utility patents as you can. That’s the way to keep this industry ours. Avoiding the issue and IP will just hand the industry to those we want to keep out.
So, yes, this whole situation is unfortunate, but it’s important to realize that (1) not all companies are doing the same thing, (2) the tools NEED to be developed by us, so WE can keep our space in this industry as it moves forward, and (3) the industry needs to be more diligent; in its approach to asking questions about what happens to their data, and applying themselves to creating IP for themselves. We NEED to build the picket fences around our property to keep our property safe and beautiful for all. that’s what patents give us, that picket fence around our property. And cause it’s OUR picket fence, we can open the gate to anyone WE choose.
I hope this helps shed some light on the situation, and helps people feel that they can still use some of these tools and trust some of the companies offering these services.