CEL-SCI (CVM) 10-Q 14 Aug 19 2019 Q3 Quarterly report Financial data

Document and Entity Information

Document and Entity Information - shares	9 Months Ended
	Jun. 30, 2019	Aug. 13, 2019
Document And Entity Information
Entity Registrant Name	CEL SCI CORP
Entity Central Index Key	0000725363
Document Type	10-Q
Document Period End Date	Jun. 30, 2019
Amendment Flag	false
Current Fiscal Year End Date	--09-30
Is Entity's Reporting Status Current?	Yes
Entity Filer Category	Non-accelerated Filer
Entity Emerging Growth Company	false
Entity Small Business	true
Entity Shell Company	false
Entity Common Stock, Shares Outstanding		34,805,299
Document Fiscal Period Focus	Q3
Document Fiscal Year Focus	2019

BALANCE SHEETS

BALANCE SHEETS - USD ($)	Jun. 30, 2019	Sep. 30, 2018
CURRENT ASSETS:
Cash and cash equivalents	$ 9,485,495	$ 10,310,044
Receivables	118,264	118,657
Prepaid expenses	233,784	364,622
Inventory used for R&D and manufacturing	754,825	645,238
Total current assets	10,592,368	11,438,561
Plant, property and equipment, net	15,948,864	16,218,851
Patent costs, net	272,488	258,093
Deposits	1,670,917	1,670,917
Total Assets	28,484,637	29,586,422
CURRENT LIABILITIES:
Accounts payable	2,078,800	5,743,913
Accrued expenses	122,030	205,310
Due to employees	761,027	764,941
Derivative instruments, current portion	1,249,835	2,498,606
Other current liabilities	16,009	14,029
Total current liabilities	4,227,701	9,226,799
Derivative instruments - net of current portion	9,482,995	6,818,458
Lease Liability	13,475,704	13,379,962
Deferred income	126,849	126,795
Other liabilities	25,084	33,492
Total liabilities	27,338,333	29,585,506
COMMITMENTS AND CONTINGENCIES
STOCKHOLDERS' EQUITY
Preferred stock, $.01 par value-200,000 shares authorized; -0- shares issued and outstanding	0	0
Common stock, $.01 par value - 600,000,000 shares authorized; 34,066,914 and 28,034,487 shares issued and outstanding at June 30, 2019 and September 30, 2018, respectively	340,669	280,346
Additional paid-in capital	349,683,796	331,312,184
Accumulated deficit	(348,878,161)	(331,591,614)
Total stockholders' equity	1,146,304	916
TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY	$ 28,484,637	$ 29,586,422

BALANCE SHEETS (Parenthetical)

BALANCE SHEETS (Parenthetical) - $ / shares	Jun. 30, 2019	Sep. 30, 2018
Stockholders Equity
Preferred Stock Shares Par Value	$ 0.01	$ 0.01
Preferred Stock Shares Authorized	200,000	200,000
Preferred Stock Shares Issued	0	0
Preferred Stock Shares Outstanding	0	0
Common Stock Shares Par Value	$ 0.01	$ 0.01
Common Stock Shares Authorized	600,000,000	600,000,000
Common Stock Shares Issued	34,066,914	28,034,487
Common Stock Shares Outstanding	34,066,914	28,034,487

STATEMENTS OF OPERATIONS

STATEMENTS OF OPERATIONS - USD ($)	3 Months Ended		9 Months Ended
	Jun. 30, 2019	Jun. 30, 2018	Jun. 30, 2019	Jun. 30, 2018
Income Statement [Abstract]
Grant income	$ 108,938	$ 86,459	$ 386,121	$ 297,045
Operating Expenses:
Research and development	2,298,555	2,425,562	7,956,203	7,713,873
General & administrative	3,020,482	1,748,971	6,981,079	5,823,694
Total operating expenses	5,319,037	4,174,533	14,937,282	13,537,567
Operating loss	(5,210,099)	(4,088,074)	(14,551,161)	(13,240,522)
Other income	18,448	17,711	54,575	52,984
(Loss) gain on derivative instruments	(7,905,519)	(8,618)	(3,316,384)	187,967
Other non-operating gain (loss)	1,455,844	(149,359)	1,877,197	(171,468)
Interest expense, net	(443,442)	(1,786,228)	(1,350,774)	(3,739,494)
Net loss available to common shareholders	$ (12,084,768)	$ (6,014,568)	$ (17,286,547)	$ (16,910,533)
Net loss per common share
Basic and Diluted	$ (0.37)	$ (0.36)	$ (0.58)	$ (1.17)
Weighted average common shares outstanding
Basic and Diluted	33,051,888	16,651,297	30,046,241	14,486,351

STATEMENTS OF CASH FLOWS

STATEMENTS OF CASH FLOWS - USD ($)	9 Months Ended
	Jun. 30, 2019	Jun. 30, 2018
CASH FLOWS FROM OPERATING ACTIVITIES:
Net loss	$ (17,286,547)	$ (16,910,533)
Adjustments to reconcile net loss to net cash used in operating activities:
Depreciation and amortization	513,028	485,710
Share-based payments for services	688,070	349,319
Share-based payments for interest	0	80,716
Equity based compensation	2,626,311	2,193,402
Common stock contributed to 401(k) plan	108,485	109,073
Shares issued for settlement of clinical research costs	1,290,000	2,957,400
Loss on prepaid research and development	0	471,157
Loss (gain) on derivative instruments	3,316,384	(187,967)
Amortization of debt discount	0	1,956,424
Inducement expense	0	291,234
Capitalized lease interest	95,742	125,044
(Increase)/decrease in assets:
Receivables	393	98,829
Prepaid expenses	11,047	122,627
Inventory used for R&D and manufacturing	(109,587)	44,364
Deposits	0	150,000
Increase/(decrease) in liabilities:
Accounts payable	(3,567,182)	(1,960,438)
Accrued expenses	(113,280)	(74,856)
Due to employees	(3,914)	548,982
Other liabilities	(2,544)	4,819
Net cash used in operating activities	(12,433,594)	(9,144,694)
CASH FLOWS FROM INVESTING ACTIVITIES:
Purchases of equipment	(171,321)	(1,015)
Expenditures for patent costs	(115,476)	(2,437)
Net cash used in investing activities	(286,797)	(3,452)
CASH FLOWS FROM FINANCING ACTIVITIES:
Proceeds from issuance of common stock and warrants	0	7,091,536
Payments of stock issuance costs	(90,224)	(94,773)
Proceeds from exercise of warrants	11,657,590	2,133,677
Proceeds from exercise of options	97,290	0
Proceeds from the purchase of stock by officers and directors	234,997	0
Payments on obligations under capital lease	(3,811)	(5,082)
Net cash provided by financing activities	11,895,842	9,125,358
NET DECREASE IN CASH AND CASH EQUIVALENTS	(824,549)	(22,788)
CASH AND CASH EQUIVALENTS, BEGINNING OF PERIOD	10,310,044	2,369,438
CASH AND CASH EQUIVALENTS, END OF PERIOD	9,485,495	2,346,650
SUPPLEMENTAL SCHEDULE OF NON-CASH INVESTING AND FINANCING ACTIVITIES:
Capitalizable patent costs included in current liabilities	30,000	61,501
Capital lease obligation included in accounts payable	434	408
Exercise of derivative liabilities	1,900,618	784,119
Stock issuance costs included in current liabilities	8,010	0
Prepaid consulting services paid with issuance of common stock	(119,791)	113,786
Notes payable converted into common shares	0	2,294,300
Cash paid for interest expense	$ 1,355,676	$ 1,312,664

A. BASIS OF PRESENTATION AND SU

A. BASIS OF PRESENTATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES	9 Months Ended
	Jun. 30, 2019
Accounting Policies [Abstract]
A. BASIS OF PRESENTATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES	Basis of Presentation The accompanying condensed financial statements of CEL-SCI Corporation (the Company) are unaudited and certain information and footnote disclosures normally included in the annual financial statements prepared in accordance with accounting principles generally accepted in the United States of America have been omitted pursuant to the rules and regulations of the Securities and Exchange Commission. While management of the Company believes that the disclosures presented are adequate to make the information presented not misleading, these interim condensed financial statements should be read in conjunction with the financial statements and notes included in the Company’s annual report on Form 10-K for the year ended September 30, 2018. In the opinion of management, the accompanying unaudited condensed financial statements contain all accruals and adjustments (each of which is of a normal recurring nature) necessary for a fair presentation of the Company’s financial position as of June 30, 2019 and the results of its operations for the nine and three months then ended. The condensed balance sheet as of September 30, 2018 is derived from the September 30, 2018 audited financial statements. Significant accounting policies have been consistently applied in the interim financial statements. The results of operations for the nine and three months ended June 30, 2019 are not necessarily indicative of the results to be expected for the entire year. The financial statements have been prepared assuming that the Company will continue as a going concern, but due to recurring losses from operations, which are expected for the foreseeable future, and future liquidity needs, there is substantial doubt about the Company’s ability to continue as a going concern. The financial statements do not include any adjustments that might result from the outcome of this uncertainty. Refer to discussion in Note B. Summary of Significant Accounting Policies: Research and Office Equipment and Leasehold Improvements Patents Research and Development Costs Income Taxes On December 22, 2017, the “Tax Cuts and Jobs Act” (the “Tax Act"), was signed into law by the President of the United States (U.S.). The Tax Act includes significant changes to corporate taxation, including reduction of the U.S. corporate tax rate from 35% to 21%, effective January 1, 2018, limitation of the tax deduction for interest expense to 30% of earnings (except for certain small businesses), limitation of the deduction for net operating losses to 80% of current year taxable income and elimination of net operating loss carrybacks. The Company has accounted for the income tax effects of the Act in applying FASB ASC 740 to the current reporting period. Because the Company records a valuation allowance for its entire deferred income tax asset, there was no impact to the amounts reported in the Company’s financial statements resulting from the Tax Act. Derivative Instruments Deferred Rent Leases – Stock-Based Compensation Equity instruments issued to non-employees are accounted for in accordance with ASC 505-50, “Equity-Based Payments to Non-Employees.” Accordingly, compensation is recognized when goods or services are received and is measured using the Black-Scholes valuation model. The Black-Scholes model requires various judgmental assumptions regarding the fair value of the equity instruments at the measurement date and the expected life of the options. The Company has Incentive Stock Option Plans, Non-Qualified Stock Option Plans, a Stock Compensation Plan, Stock Bonus Plans and an Incentive Stock Bonus Plan. In some cases, these Plans are collectively referred to as the "Plans". All Plans have been approved by the stockholders. The Company’s stock options are not transferable, and the actual value of the stock options that an employee may realize, if any, will depend on the excess of the market price on the date of exercise over the exercise price. The Company has based its assumption for stock price volatility on the variance of daily closing prices of the Company’s stock. The risk-free interest rate assumption was based on the U.S. Treasury rate at date of the grant with term equal to the expected life of the option. Forfeitures are accounted for when they occur. The expected term of options represents the period that options granted are expected to be outstanding and has been determined based on an analysis of historical exercise behavior. If any of the assumptions used in the Black-Scholes model change significantly, stock-based compensation expense for new awards may differ materially in the future from that recorded in the current period. Vesting of restricted stock granted under the Incentive Stock Bonus Plan is subject to service, performance and market conditions and meets the classification of equity awards. These awards were measured at market value on the grant-dates for issuances where the attainment of performance criteria is likely and at fair value on the grant-dates, using a Monte Carlo simulation for issuances where the attainment of performance criteria is uncertain. The total compensation cost will be expensed over the estimated requisite service period. New Accounting Pronouncements In June 2018, the Financial Accounting Standards Board ("FASB") issued ASU 2018-07, Compensation—Stock Compensation (Topic 718 grant date grantor grantee In February 2016, the FASB issued ASU 2016-02, Leases The Company has considered all other recently issued accounting pronouncements and does not believe the adoption of such pronouncements will have a material impact on its financial statements.

B. OPERATIONS AND FINANCING

B. OPERATIONS AND FINANCING	9 Months Ended
	Jun. 30, 2019
B. Operations And Financing
B. OPERATIONS AND FINANCING	The Company has incurred significant costs since its inception for the acquisition of certain patented and unpatented proprietary technology and know-how relating to the human immunological defense system, patent applications, research and development, administrative costs, construction of laboratory facilities, and clinical trials. The Company has funded such costs with proceeds from loans and the public and private sale of its common stock. The Company will be required to raise additional capital or find additional long-term financing to continue with its research efforts. The ability to raise capital may be dependent upon market conditions that are outside the control of the Company. The ability of the Company to complete the necessary clinical trials and obtain FDA approval for the sale of products to be developed on a commercial basis is uncertain. Ultimately, the Company must complete the development of its products, obtain the appropriate regulatory approvals and obtain sufficient revenues to support its cost structure. The Company is taking cost-cutting initiatives, as well as exploring other sources of funding, to finance operations over the next 12 months. The Company believes that there is a high likelihood that it will continue to receive funds from warrant exercises similar to the way it has received funds during the past 12 months. However, there can be no assurance that the Company will be able to raise sufficient capital to support its operations. The Company is currently in the final stages of its large multi-national Phase 3 clinical trial for head and neck cancer with its partners TEVA Pharmaceuticals and Orient Europharma. To finance the study beyond the next twelve months, the Company plans to raise additional capital in the form of corporate partnerships, debt issuances and/or equity financings. The Company believes that it will be able to obtain additional financing because it has done so consistently in the past. However, there can be no assurance that the Company will be successful in raising additional funds on a timely basis or that the funds will be available to the Company on acceptable terms or at all. If the Company does not raise the necessary amounts of money, it may have to curtail its operations until it can raise the required funding. The financial statements have been prepared assuming the Company will continue as a going concern, but due to the Company’s recurring losses from operations and future liquidity needs, there is substantial doubt about the Company’s ability to continue as a going concern. The financial statements do not include any adjustments that might result from the outcome of this uncertainty. Since the Company launched its Phase 3 clinical trial for Multikine, the Company has incurred expenses of approximately $54.7 million as of June 30, 2019 on direct costs for the Phase 3 clinical trial. The Company estimates it will incur additional expenses of approximately $5.6 million for the remainder of the Phase 3 clinical trial. It should be noted that this estimate is based only on the information currently available in the Company’s contracts with the Clinical Research Organizations responsible for managing the Phase 3 clinical trial and does not include other related costs, e.g., the manufacturing of the drug. This number may be affected by the rate of death accumulation in the study, foreign currency exchange rates, and many other factors, some of which cannot be foreseen today. It is therefore possible that the cost of the Phase 3 clinical trial will be higher than currently estimated. Nine hundred twenty-eight (928) head and neck cancer patients have been enrolled and have completed treatment in the Phase 3 study. The study end point is a 10% increase in overall survival of patients between the two main comparator groups in favor of the group receiving the Multikine treatment regimen. The determination if the study end point has been met will occur when there are a total of 298 deaths in those two groups.

C. STOCKHOLDERS EQUITY

C. STOCKHOLDERS EQUITY	9 Months Ended
	Jun. 30, 2019
Equity [Abstract]
C. STOCKHOLDERS' EQUITY	The changes in stockholders’ equity during the nine months ended June 30, 2019 are as follows: Additional Common Stock Paid-In Accumulated Shares Amount Capital Deficit Total BALANCES AT OCTOBER 1, 2018 28,034,487 $ 280,346 $ 331,312,184 $ (331,591,614 ) $ 916 Warrant exercises 298,682 2,987 646,766 - 649,753 401(k) contributions paid in common stock 12,279 123 35,118 - 35,241 Stock issued to nonemployees for services 62,784 628 201,752 - 202,380 Shares returned for settlement of clinical research costs (564,905 ) (5,649 ) 5,649 - - Equity based compensation - employees - - 573,660 - 573,660 Net income - - - 1,245,902 1,245,902 BALANCES AT DECEMBER 31, 2018 27,843,327 278,435 332,775,129 (330,345,712 ) 2,707,852 Warrant exercises 1,523,933 15,239 2,640,395 - 2,655,634 401(k) contributions paid in common stock 10,419 104 36,779 - 36,883 Stock issued to nonemployees for services 77,449 774 224,855 - 225,629 Equity based compensation - employees (3,500 ) (35 ) 530,865 - 530,830 Shares issued for settlement of clinical research costs 500,000 5,000 1,285,000 - 1,290,000 Stock issuance costs - - (43,625 ) - (43,625 ) Net loss - - - (6,447,681 ) (6,447,681 ) BALANCES AT MARCH 31, 2019 29,951,628 299,517 337,449,398 (336,793,393 ) 955,522 Warrant exercises 4,014,109 40,141 10,212,680 - 10,252,821 401(k) contributions paid in common stock 4,339 43 36,318 - 36,361 Stock issued to nonemployees for services 20,825 208 140,062 - 140,270 Equity based compensation - employees (4,000 ) (40 ) 1,521,861 - 1,521,821 Option exercises 42,770 428 96,862 - 97,290 Purchase of stock by officers and directors 37,243 372 234,625 - 234,997 Stock issuance costs - - (8,010 ) - (8,010 ) Net loss - - - (12,084,768 ) (12,084,768 ) BALANCES AT JUNE 30, 2019 34,066,914 $ 340,669 $ 349,683,796 $ (348,878,161 ) $ 1,146,304 The changes in stockholders’ deficit during the nine months ended June 30, 2018 are as follows: Additional Common Stock Paid-In Accumulated Shares Amount Capital Deficit Total BALANCES AT OCTOBER 1, 2017 11,903,133 $ 119,031 $ 296,298,401 $ (299,754,409 ) $ (3,336,977 ) Sale of common stock 1,289,478 12,895 2,437,105 - 2,450,000 401(k) contributions paid in common stock 18,984 190 35,690 - 35,880 Stock issued to nonemployees for services 13,705 137 25,270 - 25,407 Equity based compensation - employees - - 1,448,098 - 1,448,098 Warrants issued with notes payable - - 656,382 - 656,382 Conversion of notes payable to common stock 32,751 328 74,672 - 75,000 Net loss - - - (6,187,830 ) (6,187,830 ) BALANCES AT DECEMBER 31, 2017 13,258,051 132,581 300,975,618 (305,942,239 ) (4,834,040 ) Sale of common stock 2,501,145 25,011 4,652,130 - 4,677,141 401(k) contributions paid in common stock 25,901 259 36,261 - 36,520 Stock issued to nonemployees for services 124,082 1,241 227,254 - 228,495 Equity based compensation - employees - - 279,817 - 279,817 Conversion of notes payable to common stock 55,373 554 108,746 - 109,300 Shares issued for settlement of clinical research costs 660,000 6,600 1,240,800 - 1,247,400 Stock issuance cost - - (94,773 ) - (94,773 ) Net loss - - - (4,708,135 ) (4,708,135 ) BALANCES AT MARCH 31, 2018 16,624,552 166,246 307,425,853 (310,650,374 ) (3,058,275 ) Warrant exercises 1,117,644 11,177 2,906,619 - 2,917,796 401(k) contributions paid in common stock 39,862 399 36,274 - 36,673 Stock issued to nonemployees for services 81,604 816 208,387 - 209,203 Equity based compensation - employees - - 465,487 - 465,487 Conversion of notes payable and interest to common stock 1,106,806 11,068 2,179,648 - 2,190,716 Shares issued for settlement of clinical research costs 600,000 6,000 1,704,000 - 1,710,000 Warrants issued with notes payable - - 291,234 - 291,234 Net loss - - - (6,014,568 ) (6,014,568 ) BALANCES AT JUNE 30, 2018 19,570,468 $ 195,706 $ 315,217,502 $ (316,664,942 ) $ (1,251,734 ) Underlying share information for equity compensation plans as of June 30, 2019 is as follows: Name of Plan Total Shares Reserved Under Plans Shares Reserved for Outstanding Options Shares Issued Remaining Options/Shares Under Plans Incentive Stock Options Plans 138,400 99,962 N/A 385 Non-Qualified Stock Option Plans 6,387,200 6,193,237 N/A 115,156 Stock Bonus Plans 783,760 N/A 327,267 456,460 Stock Compensation Plan 634,000 N/A 122,221 493,369 Incentive Stock Bonus Plan 640,000 N/A 616,500 23,500 Underlying share information for equity compensation plans as of September 30, 2018 is as follows: Name of Plan Total Shares Reserved Under Plans Shares Reserved for Outstanding Options Shares Issued Remaining Options/Shares Under Plans Incentive Stock Option Plans 138,400 123,558 N/A 385 Non-Qualified Stock Option Plans 3,387,200 3,036,569 N/A 309,526 Stock Bonus Plans 783,760 N/A 297,230 486,497 Stock Compensation Plan 134,000 N/A 118,590 15,410 Incentive Stock Bonus Plan 640,000 N/A 624,000 16,000 Stock option activity Nine Months Ended June 30, 2019 2018 Granted 3,268,862 1,858,108 Exercised 42,770 - Expired 29,322 26,395 Forfeited 63,698 1,393 Three Months Ended June 30, 2019 2018 Granted 3,268,362 1,847,808 Exercised 42,770 - Expired 26,922 2,016 Forfeited 39,505 - During the quarter ended June 30, 2019, the Company adopted the 2019 Stock Compensation Plan, which authorized the issuance of up to 500,000 shares of common stock to officers, directors, employees and consultants. Employee stock based compensation expense includes the expense related to options issued or vested and restricted stock. Non-employee expense includes the expense related to options and stock issued to consultants expensed over the period of their service contracts. Stock based compensation expense is included in general and administrative expenses on the statements of operations. Non-employee stock based compensation expense includes the value of shares and options issued under consulting arrangements. At June 30, 2019 and September 30, 2018, approximately $88,000 and $207,000, respectively, are included in prepaid expenses. Warrants and Non-Employee Options The following chart represents the warrants and non-employee options outstanding at June 30, 2019: Warrant Issue Date Shares Issuable upon Exercise of Warrants Exercise Price Expiration Date Series N 8/18/2008 85,339 $ 3.00 2/18/2020 Series V 5/28/2015 810,127 $ 19.75 5/28/2020 Series UU 6/11/2018 163,544 $ 2.80 6/11/2020 Series W 10/28/2015 688,930 $ 16.75 10/28/2020 Series X 1/13/2016 120,000 $ 9.25 1/13/2021 Series Y 2/15/2016 26,000 $ 12.00 2/15/2021 Series ZZ 5/23/2016 20,000 $ 13.75 5/18/2021 Series BB 8/26/2016 16,000 $ 13.75 8/22/2021 Series Z 5/23/2016 264,000 $ 13.75 11/23/2021 Series FF 12/8/2016 68,048 $ 3.91 12/1/2021 Series CC 12/8/2016 611,463 $ 5.00 12/8/2021 Series HH 2/23/2017 6,500 $ 3.13 2/16/2022 Series AA 8/26/2016 200,000 $ 13.75 2/22/2022 Series JJ 3/14/2017 9,450 $ 3.13 3/8/2022 Series LL 4/30/2017 26,398 $ 3.59 4/30/2022 Series MM 6/22/2017 893,491 $ 1.86 6/22/2022 Series NN 7/24/2017 473,798 $ 2.52 7/24/2022 Series OO 7/31/2017 60,000 $ 2.52 7/31/2022 Series II 3/14/2017 95,000 $ 3.00 9/14/2022 Series RR 10/30/2017 495,326 $ 1.65 10/30/2022 Series SS 12/19/2017 514,476 $ 2.09 12/18/2022 Series TT 2/5/2018 760,758 $ 2.24 2/5/2023 Series PP 8/28/2017 112,500 $ 2.30 2/28/2023 Series WW 7/2/2018 1,950 $ 1.63 6/28/2023 Series VV 7/2/2018 90,000 $ 1.75 1/2/2024 Consultants 7/28/17 10,000 $ 2.18 7/27/2027 The table below presents the fair value of the warrant liabilities at the balance sheet dates: June 30, 2019 September 30, 2018 Series S warrants $ - $ 33 Series V warrants 1,249,835 770,436 Series W warrants 2,131,237 999,081 Series Z warrants 1,172,626 487,767 Series ZZ warrants 72,185 34,215 Series AA warrants 963,990 380,474 Series BB warrants 64,256 28,456 Series CC warrants 3,699,989 1,779,724 Series DD warrants - 1,249,287 Series EE warrants - 1,249,287 Series FF warrants 433,091 188,921 Series GG warrants - 607,228 Series HH warrants 44,050 58,816 Series II warrants 660,020 660,135 Series JJ warrants 64,252 88,642 Series KK warrants - 656,930 Series LL warrants 177,299 77,632 Total warrant liabilities $ 10,732,830 $ 9,317,064 The table below presents the gains/(losses) on the warrant liabilities for the nine months ended June 30: 2019 2018 Series S warrants $ 33 $ (756,261 ) Series V warrants (479,399 ) 22,842 Series W warrants (1,132,156 ) 18,478 Series Z warrants (684,859 ) 34,682 Series ZZ warrants (37,970 ) 2,103 Series AA warrants (583,516 ) 28,337 Series BB warrants (35,800 ) 1,988 Series CC warrants (2,007,287 ) 181,244 Series DD warrants 1,249,287 5,492 Series EE warrants 1,249,287 5,492 Series FF warrants (244,170 ) 23,119 Series GG warrants 195,228 170,131 Series HH warrants (22,859 ) 7,962 Series II warrants (593,960 ) 250,578 Series JJ warrants (32,954 ) 11,970 Series KK warrants (55,622 ) 169,808 Series LL warrants (99,667 ) 10,002 Net (loss) gain on warrant liabilities $ (3,316,384 ) $ 187,967 The table below presents the gains/(losses) on the warrant liabilities for the three months ended June 30: 2019 2018 Series S warrants $ - $ (768,188 ) Series V warrants (974,251 ) 26,389 Series W warrants (1,748,184 ) 42,609 Series Z warrants (799,690 ) 26,587 Series ZZ warrants (50,608 ) 1,914 Series AA warrants (676,784 ) 19,661 Series BB warrants (43,536 ) 1,695 Series CC warrants (2,346,985 ) 139,325 Series DD warrants - 36 Series EE warrants - 36 Series FF warrants (278,773 ) 15,818 Series GG warrants 88,478 132,712 Series HH warrants (33,501 ) 5,279 Series II warrants (709,303 ) 199,970 Series JJ warrants (48,880 ) 7,960 Series KK warrants (169,089 ) 132,884 Series LL warrants (114,413 ) 6,695 Net loss on warrant liabilities $ (7,905,519 ) $ (8,618 ) The Company reviews all outstanding warrants in accordance with the requirements of ASC 815. This topic provides that an entity should use a two-step approach to evaluate whether an equity-linked financial instrument (or embedded feature) is indexed to its own stock, including evaluating the instrument’s contingent exercise and settlement provisions. The warrant agreements provide for adjustments to the exercise price for certain dilutive events. Under the provisions of ASC 815, the warrants are not considered indexed to the Company’s stock because future equity offerings or sales of the Company’s stock are not an input to the fair value of a “fixed-for-fixed” option on equity shares, and equity classification is therefore precluded. In accordance with ASC 815, derivative liabilities must be measured at fair value upon issuance and re-valued at the end of each reporting period through expiration. Any change in fair value between the respective reporting dates is recognized as a gain or loss. Expiration of Derivative Liabilities On December 10, 2018, 1,360,960 Series DD and 1,360,960 Series EE warrants, with an exercise price of $4.50, expired. The expiration dates of these warrants had been previously extended and such modifications were reflected in the fair value measurements of the warrants on the dates of modification. On October 11, 2018, 327,729 Series S warrants, with an exercise price of $31.25, expired. The exercise price of these warrants had been previously repriced under temporarily revised terms. During the quarter ended June 30, 2018 and under the revised terms, 709,391 previously outstanding warrants were exercised for total proceeds of approximately $1.2 million, 2. Securities Purchase Agreements The Company has entered into several Securities Purchase Agreements (SPAs) with Ergomed plc, one of its Clinical Research Organizations responsible for managing the Phase 3 clinical trial, to facilitate a partial payment of amounts due Ergomed. Under the Agreements, the Company issued Ergomed shares of common stock as a forbearance fee in exchange for Ergomed’s agreement to provisionally forbear collection of the payables in an amount equal to the net proceeds from the sales of the shares issued to Ergomed. Upon issuance, the Company expenses the full value of the shares as Other Non-Operating Gain/Loss and subsequently offsets the expense as amounts are realized through the sale by Ergomed and reduces accounts payable to Ergomed. Any amounts received from the sale of the shares in excess of the payables will be applied towards the satisfaction of any future amounts owed. On December 31, 2018, the prior SPA expired. Pursuant to that arrangement, Ergomed returned 564,905 unsold shares for cancellation. The par value of those shares was reclassed from Common Stock to Additional Paid-In Capital on the balance sheet. On January 9, 2019, the Company entered into a new SPA under which it issued Ergomed 500,000 restricted shares of the Company’s common stock valued at approximately $1.3 million. This current SPA expires on December 31, 2019. During the nine months ended June 30, 2019 and 2018, respectively, the Company decreased Accounts Payable by approximately $3.2 million and $2.8 million through the sale of 808,769 and 1,538,129 shares, respectively, by Ergomed. The following table summarizes the Other Non-Operating Gains (Loss) for the nine and three months ended June 30, 2019 and 2018 relating to these agreements: Nine Months Ended Three Months Ended 6/30/2019 6/30/2018 6/30/2019 6/30/2018 Amount realized through the sale of shares $ 3,167,197 $ 2,785,932 $ 1,455,844 $ 1,560,641 Fair value of shares upon issuance 1,290,000 2,957,400 - 1,710,000 Other non-operating gain (loss) $ 1,877,197 $ (171,468 ) $ 1,455,844 $ ( 149,359 ) As of June 30, 2019, Ergomed holds 45,226 shares and may sell the shares or return the shares to the Company for cancellation until December 31, 2019. 3. Incentive Stock Bonus Plan During the nine and three months ended June 30, 2019, respectively, 7,500 and 4,000 shares of common stock issued from the 2014 Incentive Stock Bonus Plan were forfeited.

D. FAIR VALUE MEASUREMENTS

D. FAIR VALUE MEASUREMENTS	9 Months Ended
	Jun. 30, 2019
Fair Value Disclosures [Abstract]
D. FAIR VALUE MEASUREMENTS	In accordance with ASC 820-10, “Fair Value Measurements,” ASC 820-10 establishes a fair value hierarchy that prioritizes the inputs used to measure fair value. The hierarchy gives the highest priority to active markets for identical assets and liabilities (Level 1 measurement) and the lowest priority to unobservable inputs (Level 3 measurement). The Company classifies fair value balances based on the observability of those inputs. The three levels of the fair value hierarchy are as follows: ● Level 1 – Observable inputs such as quoted prices in active markets for identical assets or liabilities ● Level 2 – Inputs other than quoted prices that are observable for the asset or liability, either directly or indirectly. These include quoted prices for similar assets or liabilities in active markets, quoted prices for identical or similar assets or liabilities in markets that are not active and amounts derived from valuation models where all significant inputs are observable in active markets ● Level 3 – Unobservable inputs that reflect management’s assumptions For disclosure purposes, assets and liabilities are classified in their entirety in the fair value hierarchy level based on the lowest level of input that is significant to the overall fair value measurement. The Company’s assessment of the significance of a particular input to the fair value measurement requires judgment and may affect the placement within the fair value hierarchy levels. The table below sets forth the assets and liabilities measured at fair value on a recurring basis, by input level, in the condensed balance sheet at June 30, 2019: Quoted Prices in Active Markets for Identical Assets or Liabilities (Level 1) Significant Other Observable Inputs (Level 2) Significant Unobservable Inputs (Level 3) Total Derivative instruments $ - $ - $ 10,732,830 $ 10,732,830 The table below sets forth the assets and liabilities measured at fair value on a recurring basis, by input level, in the condensed balance sheet at September 30, 2018: Quoted Prices in Active Markets for Identical Assets or Liabilities (Level 1) Significant Other Observable Inputs (Level 2) Significant Unobservable Inputs (Level 3) Total Derivative instruments $ 33 $ - $ 9,317,031 $ 9,317,064 The following sets forth the reconciliation of beginning and ending balances related to fair value measurements using significant unobservable inputs (Level 3) for the three months ended June 30, 2019 and the year ended September 30, 2018: Nine Months Ended Year Ended June 30, 2019 September 30, 2018 Beginning balance $ 9,317,031 $ 2,020,629 Issuances — — Exercises (1,900,618 ) (595,780 ) Realized and unrealized (gains) and losses 3,316,417 7,892,182 Ending balance $ 10,732,830 $ 9,317,031 The fair values of the Company’s derivative instruments disclosed above under Level 3 are primarily derived from valuation models where significant inputs such as historical price and volatility of the Company’s stock, as well as U.S. Treasury Bill rates, are observable in active markets.

E. RELATED PARTY TRANSACTIONS

E. RELATED PARTY TRANSACTIONS	9 Months Ended
	Jun. 30, 2019
Related Party Transactions [Abstract]
E. RELATED PARTY TRANSACTIONS	During the quarter ended June 30, 2019, the Company received security purchase agreements from five officers and directors of the Company for the purchase of 30,612 restricted shares of the Company’s common stock. The shares were sold at the aggregate fair market value on the closing date of approximately $210,000. Also during the current quarter, the Company’s CEO purchased 6,631 shares of restricted common stock for $25,000.

F. COMMITMENTS AND CONTINGENCIE

F. COMMITMENTS AND CONTINGENCIES	9 Months Ended
	Jun. 30, 2019
Commitments and Contingencies Disclosure [Abstract]
F. COMMITMENTS AND CONTINGENCIES	Clinical Research Agreements Under co-development and revenue sharing agreements with Ergomed, Ergomed agreed to contribute up to $12 million towards the Company’s Phase 3 Clinical Trial in the form of discounted clinical services in exchange for a single digit percentage of milestone and royalty payments, up to a specific maximum amount. The Company accounted for the co-development and revenue sharing agreements in accordance with ASC 808 “Collaborative Arrangements”. The Company determined the payments to Ergomed are within the scope of ASC 730 “Research and Development.” Therefore, the Company records the discount on the clinical services as a credit to research and development expense on its Statements of Operations. Since the inception of the agreement with Ergomed, the Company has incurred research and development expenses of approximately $30.3 million for Ergomed’s services. This amount is net of Ergomed’s discount of approximately $10.2 million. During the nine months ended June 30, 2019 and 2018, the Company recorded, net of Ergomed’s discount, approximately $2.2 million and $2.4 million, respectively, as research and development expense related to Ergomed’s services. During the three months ended June 30, 2019 and 2018, the Company recorded, net of Ergomed’s discount, approximately $0.7 million and $0.8 million, respectively, as research and development expense related to Ergomed’s services. Lease Agreements The Company leases a manufacturing facility near Baltimore, Maryland (the San Tomas lease). The building was remodeled in accordance with the Company’s specifications so that it can be used by the Company to manufacture Multikine for the Company’s Phase 3 clinical trial and sales of the drug if approved by the FDA. The lease is for a term of twenty years and requires annual base rent to escalate each year at 3%. The Company is required to pay all real estate and personal property taxes, insurance premiums, maintenance expenses, repair costs and utilities. The lease allows the Company, at its election, to extend the lease for two ten-year periods or to purchase the building at the end of the 20-year lease. The Company contributed approximately $9.3 million towards the tenant-directed improvements, of which $3.2 million is being refunded during years nine through twenty through reduced rental payments. The landlord paid approximately $11.9 million towards the purchase of the building, land and the tenant-directed improvements. The Company placed the building in service in October 2008. The Company was deemed to be the owner of the building for accounting purpose under the build-to-suit guidance in ASC 840-40-55. In addition to tenant improvements the Company incurred, the Company also recorded an asset for tenant-directed improvements and for the costs paid by the lessor to purchase the building and to perform improvements, as well as a corresponding liability for the landlord costs. Upon completion of the improvements, the Company did not meet the “sale-leaseback” criteria under ASC 840-40-25, Accounting for Lease, Sale-Leaseback Transactions, and therefore, treated the lease as a financing obligation. Thus, the asset and corresponding liability were not de-recognized. As of June 30, 2019 and September 30, 2018, the leased building asset has a net book value of approximately $15.7 and $16.1 million, respectively, and the landlord liability has a balance of approximately $13.5 million and $13.4 million, respectively. The leased building is being depreciated using a straight-line method over the 20-year lease term to a residual value. The landlord liability is being amortized over the 20 years using the effective interest method. Lease payments allocated to the landlord liability are accounted for as debt service payments on that liability using the finance method of accounting per ASC 840-40-55. The Company was required to deposit the equivalent of one year of base rent in accordance with the lease. When the Company meets the minimum cash balance required by the lease, the deposit will be returned to the Company. The approximate $1.7 million deposit is included in non-current assets at June 30, 2019 and September 30, 2018. Approximate future minimum lease payments under the San Tomas lease as of June 30, 2019 are as follows: Three months ending September 30, 2019 $ 453,000 Year ending September 30, 2020 1,872,000 2021 1,937,000 2022 2,004,000 2023 2,073,000 2024 2,145,000 Thereafter 9,540,000 Total future minimum lease obligation 20,024,000 Less imputed interest on financing obligation (6,548,000 ) Net present value of lease financing obligation $ 13,476,000 The Company subleases a portion of its rental space on a month-to-month term lease, which requires a 30-day notice for termination. The sublease rental income for the nine months ended June 30, 2019 and 2018 was approximately $55,000 and $53,000, respectively. The sublease rental income for each of the three months ended June 30, 2019 and 2018 was approximately $18,000. The Company leases its research and development laboratory under a 60-month lease which expires February 28, 2022. The operating lease includes escalating rental payments. The Company is recognizing the related rent expense on a straight-line basis over the full 60-month term of the lease at the rate of approximately $13,000 per month. As of June 30, 2019 and September 30, 2018, the Company has recorded a deferred rent liability of approximately $14,000 and $12,000, respectively. The Company leases its office headquarters under a 60-month lease which expires June 30, 2020. The operating lease includes escalating rental payments. The Company is recognizing the related rent expense on a straight-line basis over the full 60-month term of the lease at the rate approximately $8,000 per month. As of June 30, 2019 and September 30, 2018, the Company has recorded a deferred rent liability of approximately $9,000 and $14,000, respectively. As of June 30, 2019, material contractual obligations, excluding the San Tomas lease, consisting of non-cancelable operating lease payments are as follows: Three months ending September 30, 2019 $66,000 Year ending September 30, 2020 238,000 2021 163,000 2022 69,000 Total $536,000 The Company leases office equipment under a capital lease arrangement. The term of the capital lease is 60 months and expires on October 31, 2021. The monthly lease payment is $505. The lease bears interest at an annual interest rate of 6.25%.

G. PATENTS

G. PATENTS	9 Months Ended
	Jun. 30, 2019
Intangible Assets, Net (Excluding Goodwill) [Abstract]
G. PATENTS	During the nine months ended June 30, 2019 and 2018, no patent impairment charges were recorded. For the nine and three months ended June 30, 2019, amortization of patent costs totaled approximately $72,000 and $49,000, respectively. For the nine and three months ended June 30, 2018, amortization of patent costs totaled approximately $53,000 and $34,000, respectively. Approximate estimated future amortization expense is as follows: Three months ending September 30, 2019 $ 11,000 Year ending September 30, 2020 43,000 2021 40,000 2022 36,000 2023 26,000 2024 21,000 Thereafter 95,000 Total $ 272,000

H. LOSS PER COMMON SHARE

H. LOSS PER COMMON SHARE	9 Months Ended
	Jun. 30, 2019
Net loss per common share
H. LOSS PER COMMON SHARE	In accordance with the contingently issuable shares guidance of FASB ASC Topic 260, Earnings Per Share 2019 2018 Options and Warrants 7,742,857 12,567,982 Unvested Restricted Stock 552,000 312,000 Total 8,294,857 12,879,982

I. SUBSEQUENT EVENTS

I. SUBSEQUENT EVENTS	9 Months Ended
	Jun. 30, 2019
Subsequent Events [Abstract]
I. SUBSEQUENT EVENTS	Between July 1, 2019 and August 13, 2019, the Company received approximately $2.6 million through the exercise of options and warrants to purchase shares of the Company’s common stock.

A. BASIS OF PRESENTATION AND _2

A. BASIS OF PRESENTATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (POLICIES)	9 Months Ended
	Jun. 30, 2019
Accounting Policies [Abstract]
Basis of Presentation	The accompanying condensed financial statements of CEL-SCI Corporation (the Company) are unaudited and certain information and footnote disclosures normally included in the annual financial statements prepared in accordance with accounting principles generally accepted in the United States of America have been omitted pursuant to the rules and regulations of the Securities and Exchange Commission. While management of the Company believes that the disclosures presented are adequate to make the information presented not misleading, these interim condensed financial statements should be read in conjunction with the financial statements and notes included in the Company’s annual report on Form 10-K for the year ended September 30, 2018. In the opinion of management, the accompanying unaudited condensed financial statements contain all accruals and adjustments (each of which is of a normal recurring nature) necessary for a fair presentation of the Company’s financial position as of June 30, 2019 and the results of its operations for the nine and three months then ended. The condensed balance sheet as of September 30, 2018 is derived from the September 30, 2018 audited financial statements. Significant accounting policies have been consistently applied in the interim financial statements. The results of operations for the nine and three months ended June 30, 2019 are not necessarily indicative of the results to be expected for the entire year. The financial statements have been prepared assuming that the Company will continue as a going concern, but due to recurring losses from operations, which are expected for the foreseeable future, and future liquidity needs, there is substantial doubt about the Company’s ability to continue as a going concern. The financial statements do not include any adjustments that might result from the outcome of this uncertainty. Refer to discussion in Note B.
Research and Office Equipment and Leasehold Improvements	Research and Office Equipment and Leasehold Improvements
Patents	Patents
Research and Development Costs	Research and Development Costs
Income Taxes	Income Taxes On December 22, 2017, the “Tax Cuts and Jobs Act” (the “Tax Act"), was signed into law by the President of the United States (U.S.). The Tax Act includes significant changes to corporate taxation, including reduction of the U.S. corporate tax rate from 35% to 21%, effective January 1, 2018, limitation of the tax deduction for interest expense to 30% of earnings (except for certain small businesses), limitation of the deduction for net operating losses to 80% of current year taxable income and elimination of net operating loss carrybacks. The Company has accounted for the income tax effects of the Act in applying FASB ASC 740 to the current reporting period. Because the Company records a valuation allowance for its entire deferred income tax asset, there was no impact to the amounts reported in the Company’s financial statements resulting from the Tax Act.
Derivative Instruments	Derivative Instruments
Deferred Rent	Deferred Rent
Leases	Leases –
Stock-Based Compensation	Stock-Based Compensation Equity instruments issued to non-employees are accounted for in accordance with ASC 505-50, “Equity-Based Payments to Non-Employees.” Accordingly, compensation is recognized when goods or services are received and is measured using the Black-Scholes valuation model. The Black-Scholes model requires various judgmental assumptions regarding the fair value of the equity instruments at the measurement date and the expected life of the options. The Company has Incentive Stock Option Plans, Non-Qualified Stock Option Plans, a Stock Compensation Plan, Stock Bonus Plans and an Incentive Stock Bonus Plan. In some cases, these Plans are collectively referred to as the "Plans". All Plans have been approved by the stockholders. The Company’s stock options are not transferable, and the actual value of the stock options that an employee may realize, if any, will depend on the excess of the market price on the date of exercise over the exercise price. The Company has based its assumption for stock price volatility on the variance of daily closing prices of the Company’s stock. The risk-free interest rate assumption was based on the U.S. Treasury rate at date of the grant with term equal to the expected life of the option. Forfeitures are accounted for when they occur. The expected term of options represents the period that options granted are expected to be outstanding and has been determined based on an analysis of historical exercise behavior. If any of the assumptions used in the Black-Scholes model change significantly, stock-based compensation expense for new awards may differ materially in the future from that recorded in the current period. Vesting of restricted stock granted under the Incentive Stock Bonus Plan is subject to service, performance and market conditions and meets the classification of equity awards. These awards were measured at market value on the grant-dates for issuances where the attainment of performance criteria is likely and at fair value on the grant-dates, using a Monte Carlo simulation for issuances where the attainment of performance criteria is uncertain. The total compensation cost will be expensed over the estimated requisite service period.
New Accounting Pronouncements	In June 2018, the Financial Accounting Standards Board ("FASB") issued ASU 2018-07, Compensation—Stock Compensation (Topic 718 grant date grantor grantee In February 2016, the FASB issued ASU 2016-02, Leases The Company has considered all other recently issued accounting pronouncements and does not believe the adoption of such pronouncements will have a material impact on its financial statements.

C. STOCKHOLDERS EQUITY (Tables)

C. STOCKHOLDERS EQUITY (Tables)	9 Months Ended
	Jun. 30, 2019
Equity [Abstract]
Changes in stockholders' equity	The changes in stockholders’ equity during the nine months ended June 30, 2019 are as follows: Additional Common Stock Paid-In Accumulated Shares Amount Capital Deficit Total BALANCES AT OCTOBER 1, 2018 28,034,487 $ 280,346 $ 331,312,184 $ (331,591,614 ) $ 916 Warrant exercises 298,682 2,987 646,766 - 649,753 401(k) contributions paid in common stock 12,279 123 35,118 - 35,241 Stock issued to nonemployees for services 62,784 628 201,752 - 202,380 Shares returned for settlement of clinical research costs (564,905 ) (5,649 ) 5,649 - - Equity based compensation - employees - - 573,660 - 573,660 Net income - - - 1,245,902 1,245,902 BALANCES AT DECEMBER 31, 2018 27,843,327 278,435 332,775,129 (330,345,712 ) 2,707,852 Warrant exercises 1,523,933 15,239 2,640,395 - 2,655,634 401(k) contributions paid in common stock 10,419 104 36,779 - 36,883 Stock issued to nonemployees for services 77,449 774 224,855 - 225,629 Equity based compensation - employees (3,500 ) (35 ) 530,865 - 530,830 Shares issued for settlement of clinical research costs 500,000 5,000 1,285,000 - 1,290,000 Stock issuance costs - - (43,625 ) - (43,625 ) Net loss - - - (6,447,681 ) (6,447,681 ) BALANCES AT MARCH 31, 2019 29,951,628 299,517 337,449,398 (336,793,393 ) 955,522 Warrant exercises 4,014,109 40,141 10,212,680 - 10,252,821 401(k) contributions paid in common stock 4,339 43 36,318 - 36,361 Stock issued to nonemployees for services 20,825 208 140,062 - 140,270 Equity based compensation - employees (4,000 ) (40 ) 1,521,861 - 1,521,821 Option exercises 42,770 428 96,862 - 97,290 Purchase of stock by officers and directors 37,243 372 234,625 - 234,997 Stock issuance costs - - (8,010 ) - (8,010 ) Net loss - - - (12,084,768 ) (12,084,768 ) BALANCES AT JUNE 30, 2019 34,066,914 $ 340,669 $ 349,683,796 $ (348,878,161 ) $ 1,146,304 The changes in stockholders’ deficit during the nine months ended June 30, 2018 are as follows: Additional Common Stock Paid-In Accumulated Shares Amount Capital Deficit Total BALANCES AT OCTOBER 1, 2017 11,903,133 $ 119,031 $ 296,298,401 $ (299,754,409 ) $ (3,336,977 ) Sale of common stock 1,289,478 12,895 2,437,105 - 2,450,000 401(k) contributions paid in common stock 18,984 190 35,690 - 35,880 Stock issued to nonemployees for services 13,705 137 25,270 - 25,407 Equity based compensation - employees - - 1,448,098 - 1,448,098 Warrants issued with notes payable - - 656,382 - 656,382 Conversion of notes payable to common stock 32,751 328 74,672 - 75,000 Net loss - - - (6,187,830 ) (6,187,830 ) BALANCES AT DECEMBER 31, 2017 13,258,051 132,581 300,975,618 (305,942,239 ) (4,834,040 ) Sale of common stock 2,501,145 25,011 4,652,130 - 4,677,141 401(k) contributions paid in common stock 25,901 259 36,261 - 36,520 Stock issued to nonemployees for services 124,082 1,241 227,254 - 228,495 Equity based compensation - employees - - 279,817 - 279,817 Conversion of notes payable to common stock 55,373 554 108,746 - 109,300 Shares issued for settlement of clinical research costs 660,000 6,600 1,240,800 - 1,247,400 Stock issuance cost - - (94,773 ) - (94,773 ) Net loss - - - (4,708,135 ) (4,708,135 ) BALANCES AT MARCH 31, 2018 16,624,552 166,246 307,425,853 (310,650,374 ) (3,058,275 ) Warrant exercises 1,117,644 11,177 2,906,619 - 2,917,796 401(k) contributions paid in common stock 39,862 399 36,274 - 36,673 Stock issued to nonemployees for services 81,604 816 208,387 - 209,203 Equity based compensation - employees - - 465,487 - 465,487 Conversion of notes payable and interest to common stock 1,106,806 11,068 2,179,648 - 2,190,716 Shares issued for settlement of clinical research costs 600,000 6,000 1,704,000 - 1,710,000 Warrants issued with notes payable - - 291,234 - 291,234 Net loss - - - (6,014,568 ) (6,014,568 ) BALANCES AT JUNE 30, 2018 19,570,468 $ 195,706 $ 315,217,502 $ (316,664,942 ) $ (1,251,734 )
Stock options, stock bonuses and compensation granted by the Company	Underlying share information for equity compensation plans as of June 30, 2019 is as follows: Name of Plan Total Shares Reserved Under Plans Shares Reserved for Outstanding Options Shares Issued Remaining Options/Shares Under Plans Incentive Stock Options Plans 138,400 99,962 N/A 385 Non-Qualified Stock Option Plans 6,387,200 6,193,237 N/A 115,156 Stock Bonus Plans 783,760 N/A 327,267 456,460 Stock Compensation Plan 634,000 N/A 122,221 493,369 Incentive Stock Bonus Plan 640,000 N/A 616,500 23,500 Underlying share information for equity compensation plans as of September 30, 2018 is as follows: Name of Plan Total Shares Reserved Under Plans Shares Reserved for Outstanding Options Shares Issued Remaining Options/Shares Under Plans Incentive Stock Option Plans 138,400 123,558 N/A 385 Non-Qualified Stock Option Plans 3,387,200 3,036,569 N/A 309,526 Stock Bonus Plans 783,760 N/A 297,230 486,497 Stock Compensation Plan 134,000 N/A 118,590 15,410 Incentive Stock Bonus Plan 640,000 N/A 624,000 16,000
Stock option activity	Nine Months Ended June 30, 2019 2018 Granted 3,268,862 1,858,108 Exercised 42,770 - Expired 29,322 26,395 Forfeited 63,698 1,393 Three Months Ended June 30, 2019 2018 Granted 3,268,362 1,847,808 Exercised 42,770 - Expired 26,922 2,016 Forfeited 39,505 -
Derivative liabilities, warrants and other options	Warrant Issue Date Shares Issuable upon Exercise of Warrants Exercise Price Expiration Date Series N 8/18/2008 85,339 $ 3.00 2/18/2020 Series V 5/28/2015 810,127 $ 19.75 5/28/2020 Series UU 6/11/2018 163,544 $ 2.80 6/11/2020 Series W 10/28/2015 688,930 $ 16.75 10/28/2020 Series X 1/13/2016 120,000 $ 9.25 1/13/2021 Series Y 2/15/2016 26,000 $ 12.00 2/15/2021 Series ZZ 5/23/2016 20,000 $ 13.75 5/18/2021 Series BB 8/26/2016 16,000 $ 13.75 8/22/2021 Series Z 5/23/2016 264,000 $ 13.75 11/23/2021 Series FF 12/8/2016 68,048 $ 3.91 12/1/2021 Series CC 12/8/2016 611,463 $ 5.00 12/8/2021 Series HH 2/23/2017 6,500 $ 3.13 2/16/2022 Series AA 8/26/2016 200,000 $ 13.75 2/22/2022 Series JJ 3/14/2017 9,450 $ 3.13 3/8/2022 Series LL 4/30/2017 26,398 $ 3.59 4/30/2022 Series MM 6/22/2017 893,491 $ 1.86 6/22/2022 Series NN 7/24/2017 473,798 $ 2.52 7/24/2022 Series OO 7/31/2017 60,000 $ 2.52 7/31/2022 Series II 3/14/2017 95,000 $ 3.00 9/14/2022 Series RR 10/30/2017 495,326 $ 1.65 10/30/2022 Series SS 12/19/2017 514,476 $ 2.09 12/18/2022 Series TT 2/5/2018 760,758 $ 2.24 2/5/2023 Series PP 8/28/2017 112,500 $ 2.30 2/28/2023 Series WW 7/2/2018 1,950 $ 1.63 6/28/2023 Series VV 7/2/2018 90,000 $ 1.75 1/2/2024 Consultants 7/28/17 10,000 $ 2.18 7/27/2027
Tabular disclosure of derivative liabilities at fair value	June 30, 2019 September 30, 2018 Series S warrants $ - $ 33 Series V warrants 1,249,835 770,436 Series W warrants 2,131,237 999,081 Series Z warrants 1,172,626 487,767 Series ZZ warrants 72,185 34,215 Series AA warrants 963,990 380,474 Series BB warrants 64,256 28,456 Series CC warrants 3,699,989 1,779,724 Series DD warrants - 1,249,287 Series EE warrants - 1,249,287 Series FF warrants 433,091 188,921 Series GG warrants - 607,228 Series HH warrants 44,050 58,816 Series II warrants 660,020 660,135 Series JJ warrants 64,252 88,642 Series KK warrants - 656,930 Series LL warrants 177,299 77,632 Total warrant liabilities $ 10,732,830 $ 9,317,064
Schedule of gains and (losses) on derivative liabilities	The table below presents the gains/(losses) on the warrant liabilities for the nine months ended June 30: 2019 2018 Series S warrants $ 33 $ (756,261 ) Series V warrants (479,399 ) 22,842 Series W warrants (1,132,156 ) 18,478 Series Z warrants (684,859 ) 34,682 Series ZZ warrants (37,970 ) 2,103 Series AA warrants (583,516 ) 28,337 Series BB warrants (35,800 ) 1,988 Series CC warrants (2,007,287 ) 181,244 Series DD warrants 1,249,287 5,492 Series EE warrants 1,249,287 5,492 Series FF warrants (244,170 ) 23,119 Series GG warrants 195,228 170,131 Series HH warrants (22,859 ) 7,962 Series II warrants (593,960 ) 250,578 Series JJ warrants (32,954 ) 11,970 Series KK warrants (55,622 ) 169,808 Series LL warrants (99,667 ) 10,002 Net (loss) gain on warrant liabilities $ (3,316,384 ) $ 187,967 The table below presents the gains/(losses) on the warrant liabilities for the three months ended June 30: 2019 2018 Series S warrants $ - $ (768,188 ) Series V warrants (974,251 ) 26,389 Series W warrants (1,748,184 ) 42,609 Series Z warrants (799,690 ) 26,587 Series ZZ warrants (50,608 ) 1,914 Series AA warrants (676,784 ) 19,661 Series BB warrants (43,536 ) 1,695 Series CC warrants (2,346,985 ) 139,325 Series DD warrants - 36 Series EE warrants - 36 Series FF warrants (278,773 ) 15,818 Series GG warrants 88,478 132,712 Series HH warrants (33,501 ) 5,279 Series II warrants (709,303 ) 199,970 Series JJ warrants (48,880 ) 7,960 Series KK warrants (169,089 ) 132,884 Series LL warrants (114,413 ) 6,695 Net loss on warrant liabilities $ (7,905,519 ) $ (8,618 )
Other non-operating gain (loss)	Nine Months Ended Three Months Ended 6/30/2019 6/30/2018 6/30/2019 6/30/2018 Amount realized through the sale of shares $ 3,167,197 $ 2,785,932 $ 1,455,844 $ 1,560,641 Fair value of shares upon issuance 1,290,000 2,957,400 - 1,710,000 Other non-operating gain (loss) $ 1,877,197 $ (171,468 ) $ 1,455,844 $ ( 149,359 )

D. FAIR VALUE MEASUREMENTS (Tab

D. FAIR VALUE MEASUREMENTS (Tables)	9 Months Ended
	Jun. 30, 2019
Fair Value Disclosures [Abstract]
Measured at fair value on a recurring basis	The table below sets forth the assets and liabilities measured at fair value on a recurring basis, by input level, in the condensed balance sheet at June 30, 2019: Quoted Prices in Active Markets for Identical Assets or Liabilities (Level 1) Significant Other Observable Inputs (Level 2) Significant Unobservable Inputs (Level 3) Total Derivative instruments $ - $ - $ 10,732,830 $ 10,732,830 The table below sets forth the assets and liabilities measured at fair value on a recurring basis, by input level, in the condensed balance sheet at September 30, 2018: Quoted Prices in Active Markets for Identical Assets or Liabilities (Level 1) Significant Other Observable Inputs (Level 2) Significant Unobservable Inputs (Level 3) Total Derivative instruments $ 33 $ - $ 9,317,031 $ 9,317,064
Reconciliation of beginning and ending balances related to fair value measurements using significant unobservable inputs (Level 3)	Nine Months Ended Year Ended June 30, 2019 September 30, 2018 Beginning balance $ 9,317,031 $ 2,020,629 Issuances — — Exercises (1,900,618 ) (595,780 ) Realized and unrealized (gains) and losses 3,316,417 7,892,182 Ending balance $ 10,732,830 $ 9,317,031

F. COMMITMENTS AND CONTINGENC_2

F. COMMITMENTS AND CONTINGENCIES (Tables)	9 Months Ended
	Jun. 30, 2019
Commitments and Contingencies Disclosure [Abstract]
Future minimum lease payments under the San Tomas lease	Three months ending September 30, 2019 $ 453,000 Year ending September 30, 2020 1,872,000 2021 1,937,000 2022 2,004,000 2023 2,073,000 2024 2,145,000 Thereafter 9,540,000 Total future minimum lease obligation 20,024,000 Less imputed interest on financing obligation (6,548,000 ) Net present value of lease financing obligation $ 13,476,000
Schedule of future minimum payments under operating leases	Three months ending September 30, 2019 $66,000 Year ending September 30, 2020 238,000 2021 163,000 2022 69,000 Total $536,000

G. PATENTS (Tables)

G. PATENTS (Tables)	9 Months Ended
	Jun. 30, 2019
Intangible Assets, Net (Excluding Goodwill) [Abstract]
Schedule of total estimated future amortization	Three months ending September 30, 2019 $ 11,000 Year ending September 30, 2020 43,000 2021 40,000 2022 36,000 2023 26,000 2024 21,000 Thereafter 95,000 Total $ 272,000

H. LOSS PER COMMON SHARE (Table

H. LOSS PER COMMON SHARE (Tables)	9 Months Ended
	Jun. 30, 2019
Net loss per common share
Antidilutive securities	2019 2018 Options and Warrants 7,742,857 12,567,982 Unvested Restricted Stock 552,000 312,000 Total 8,294,857 12,879,982

C. STOCKHOLDERS EQUITY (Details

C. STOCKHOLDERS EQUITY (Details) - USD ($)	3 Months Ended						9 Months Ended
	Jun. 30, 2019	Mar. 31, 2019	Dec. 31, 2018	Jun. 30, 2018	Mar. 31, 2018	Dec. 31, 2017	Jun. 30, 2019	Jun. 30, 2018
Common Stock
Beginning balance	$ 299,517	$ 278,435	$ 280,346	$ 166,246	$ 132,581	$ 119,031	$ 280,346	$ 119,031
Beginning balance, shares	29,951,628	27,843,327	28,034,487	16,624,552	13,258,051	11,903,133	28,034,487	11,903,133
Sale of common stock					$ 25,011	$ 12,895
Sale of common stock, shares					2,501,145	1,289,478
Warrant exercises	$ 40,141	$ 15,239	$ 2,987	$ 11,177
Warrant exercises, shares	4,014,109	1,523,933	298,682	1,117,644
401(k) contributions paid in common stock	$ 43	$ 104	$ 123	$ 399	$ 259	$ 190
401(k) contributions paid in common stock, shares	4,339	10,419	12,279	39,862	25,901	18,984
Stock issued to nonemployees for service	$ 208	$ 774	$ 628	$ 816	$ 1,241	$ 137
Stock issued to nonemployees for service, shares	20,825	77,449	62,784	81,604	124,082	13,705
Conversion of notes payable and interest to common stock				$ 11,068	$ 554
Conversion of notes payable and interest to common stock, shares				1,106,806	55,373
Shares issued (returned) for settlement of clinical research costs		$ 5,000	$ (5,649)	$ 6,000	$ 6,600
Shares issued (returned) for settlement of clinical research costs, shares		500,000	(564,905)	600,000	660,000
Equity based compensation - employees	$ (40)	$ (35)
Equity based compensation - employees, shares	(4,000)	(3,500)
Option exercises	$ 428
Option exercises, shares	42,770
Purchase of stock by officers and directors	$ 372
Purchase of stock by officers and directors, shares	37,243
Ending balance	$ 340,669	$ 299,517	$ 278,435	$ 195,706	$ 166,246	$ 132,581	$ 340,669	$ 195,706
Ending balance, shares	34,066,914	29,951,628	27,843,327	19,570,468	16,624,552	13,258,051	34,066,914	19,570,468
Additional Paid-In Capital
Beginning balance	$ 337,449,398	$ 332,775,129	$ 331,312,184	$ 307,425,853	$ 300,975,618	$ 296,298,401	$ 331,312,184	$ 296,298,401
Sale of common stock					4,652,130	2,437,105
Warrant exercises	10,212,680	2,640,395	646,766	2,906,619
401(k) contributions paid in common stock	36,318	36,779	35,118	36,274	36,261	35,690
Stock issued to nonemployees for service	140,062	224,855	201,752	208,387	227,254	25,270
Conversion of notes payable and interest to common stock				2,179,648	108,746
Shares issued (returned) for settlement of clinical research costs		1,285,000	5,649	1,704,000	1,240,800
Equity based compensation - employees	1,521,861	530,865	573,660	465,487	279,817	1,448,098
Option exercises	96,862
Purchase of stock by officers and directors	234,625
Stock issuance cost	(8,010)	(43,625)			(94,773)
Warrants issued with notes payable				291,234
Ending balance	349,683,796	337,449,398	332,775,129	315,217,502	307,425,853	300,975,618	349,683,796	315,217,502
Accumulated Deficit
Beginning balance	(336,793,393)	(330,345,712)	(331,591,614)	(310,650,374)	(305,942,239)	(299,754,409)	(331,591,614)	(299,754,409)
Warrant exercises				0
Net income (loss)	(12,084,768)	(6,447,681)	1,245,902	(6,014,568)	(4,708,135)	(6,187,830)
Ending balance	(348,878,161)	(336,793,393)	(330,345,712)	(316,664,942)	(310,650,374)	(305,942,239)	(348,878,161)	(316,664,942)
Beginning balance	955,522	2,707,852	916	(3,058,275)	(4,834,040)	(3,336,977)	916	(3,336,977)
Sale of common stock					4,667,141	2,450,000
Warrant exercises	10,252,821	2,655,634	649,753	2,917,796
401(k) contributions paid in common stock	36,361	36,883	35,241	36,673	36,520	35,880	108,485	109,073
Stock issued to nonemployees for service	140,270	225,629	202,380	209,203	228,495	25,407
Conversion of notes payable and interest to common stock				2,190,716	109,300
Shares issued (returned) for settlement of clinical research costs		1,290,000	0	1,710,000	1,247,400
Equity based compensation - employees	1,521,821	530,830	573,660	465,487	279,817	1,448,098
Option exercises	97,290
Purchase of stock by officers and directors	234,997
Stock issuance cost	(8,010)	(43,625)			(94,773)
Warrants issued with notes payable				291,234
Net income (loss)	(12,084,768)	(6,447,681)	1,245,902	(6,014,568)	(4,708,135)	(6,187,830)	(17,286,547)	(16,910,533)
Ending balance	$ 1,146,304	$ 955,522	$ 2,707,852	$ (1,251,734)	$ (3,058,275)	$ (4,834,040)	$ 1,146,304	$ (1,251,734)

C. STOCKHOLDERS EQUITY (Detai_2

C. STOCKHOLDERS EQUITY (Details 1) - shares	Jun. 30, 2019	Sep. 30, 2018
Incentive Stock Option Plans
Total shares reserved under plans	138,400	138,400
Shares reserved for outstanding options	99,962	123,558
Shares issued	0	0
Remaining options/shares under plans	385	385
Non Qualified Stock Option Plans
Total shares reserved under plans	6,387,200	3,387,200
Shares reserved for outstanding options	6,193,237	3,036,569
Shares issued	0	0
Remaining options/shares under plans	115,156	309,526
Stock Bonus Plans
Total shares reserved under plans	783,760	783,760
Shares reserved for outstanding options	0	0
Shares issued	327,267	297,230
Remaining options/shares under plans	456,460	486,497
Stock Compensation Plan
Total shares reserved under plans	634,000	134,000
Shares reserved for outstanding options	0	0
Shares issued	122,221	118,590
Remaining options/shares under plans	493,369	15,410
Incentive Stock Bonus Plan
Total shares reserved under plans	640,000	640,000
Shares reserved for outstanding options	0	0
Shares issued	616,500	624,000
Remaining options/shares under plans	23,500	16,000

C. STOCKHOLDERS EQUITY (Detai_3

C. STOCKHOLDERS EQUITY (Details 2) - shares	3 Months Ended		9 Months Ended
	Jun. 30, 2019	Jun. 30, 2018	Jun. 30, 2019	Jun. 30, 2018
Equity [Abstract]
Granted	3,268,362	1,847,808	3,268,862	1,858,108
Exercised	42,770	0	42,770	0
Expired	26,922	2,016	29,322	26,395
Forfeited	39,505	0	63,698	1,393

C. STOCKHOLDERS EQUITY (Detai_4

C. STOCKHOLDERS EQUITY (Details 3)	9 Months Ended
	Jun. 30, 2019$ / sharesshares
Series N [Member]
STOCKHOLDERS' EQUITY
Issue date	8/18/2008
Shares issuable upon exercise of warrant | shares	85,339
Exercise price | $ / shares	$ 3
Expiration date	2/18/2020
Series V [Member]
STOCKHOLDERS' EQUITY
Issue date	5/28/2015
Shares issuable upon exercise of warrant | shares	810,127
Exercise price | $ / shares	$ 19.75
Expiration date	5/28/2020
Series UU [Member]
STOCKHOLDERS' EQUITY
Issue date	6/11/2018
Shares issuable upon exercise of warrant | shares	163,544
Exercise price | $ / shares	$ 2.80
Expiration date	6/11/2020
Series W [Member]
STOCKHOLDERS' EQUITY
Issue date	10/28/2015
Shares issuable upon exercise of warrant | shares	688,930
Exercise price | $ / shares	$ 16.75
Expiration date	10/28/2020
Series X [Member]
STOCKHOLDERS' EQUITY
Issue date	1/13/2016
Shares issuable upon exercise of warrant | shares	120,000
Exercise price | $ / shares	$ 9.25
Expiration date	1/13/2021
Series Y [Member]
STOCKHOLDERS' EQUITY
Issue date	2/15/2016
Shares issuable upon exercise of warrant | shares	26,000
Exercise price | $ / shares	$ 12
Expiration date	2/15/2021
Series ZZ [Member]
STOCKHOLDERS' EQUITY
Issue date	5/23/2016
Shares issuable upon exercise of warrant | shares	20,000
Exercise price | $ / shares	$ 13.75
Expiration date	5/18/2021
Series BB [Member]
STOCKHOLDERS' EQUITY
Issue date	8/26/2016
Shares issuable upon exercise of warrant | shares	16,000
Exercise price | $ / shares	$ 13.75
Expiration date	8/22/2021
Series Z [Member]
STOCKHOLDERS' EQUITY
Issue date	5/23/2016
Shares issuable upon exercise of warrant | shares	264,000
Exercise price | $ / shares	$ 13.75
Expiration date	11/23/2021
Series FF [Member]
STOCKHOLDERS' EQUITY
Issue date	12/8/2016
Shares issuable upon exercise of warrant | shares	68,048
Exercise price | $ / shares	$ 3.91
Expiration date	12/1/2021
Series CC [Member]
STOCKHOLDERS' EQUITY
Issue date	12/8/2016
Shares issuable upon exercise of warrant | shares	611,463
Exercise price | $ / shares	$ 5
Expiration date	12/8/2021
Series HH [Member]
STOCKHOLDERS' EQUITY
Issue date	2/23/2017
Shares issuable upon exercise of warrant | shares	6,500
Exercise price | $ / shares	$ 3.13
Expiration date	2/16/2022
Series AA [Member]
STOCKHOLDERS' EQUITY
Issue date	8/26/2016
Shares issuable upon exercise of warrant | shares	200,000
Exercise price | $ / shares	$ 13.75
Expiration date	2/22/2022
Series JJ [Member]
STOCKHOLDERS' EQUITY
Issue date	3/14/2017
Shares issuable upon exercise of warrant | shares	9,450
Exercise price | $ / shares	$ 3.13
Expiration date	3/8/2022
Series LL [Member]
STOCKHOLDERS' EQUITY
Issue date	4/30/2017
Shares issuable upon exercise of warrant | shares	26,398
Exercise price | $ / shares	$ 3.59
Expiration date	4/30/2022
Series MM [Member]
STOCKHOLDERS' EQUITY
Issue date	6/22/2017
Shares issuable upon exercise of warrant | shares	893,491
Exercise price | $ / shares	$ 1.86
Expiration date	6/22/2022
Series NN [Member]
STOCKHOLDERS' EQUITY
Issue date	7/24/2017
Shares issuable upon exercise of warrant | shares	473,798
Exercise price | $ / shares	$ 2.52
Expiration date	7/24/2022
Series OO [Member]
STOCKHOLDERS' EQUITY
Issue date	7/31/2017
Shares issuable upon exercise of warrant | shares	60,000
Exercise price | $ / shares	$ 2.52
Expiration date	7/31/2022
Series II [Member]
STOCKHOLDERS' EQUITY
Issue date	3/14/2017
Shares issuable upon exercise of warrant | shares	95,000
Exercise price | $ / shares	$ 3
Expiration date	9/14/2022
Series RR [Member]
STOCKHOLDERS' EQUITY
Issue date	10/30/2017
Shares issuable upon exercise of warrant | shares	495,326
Exercise price | $ / shares	$ 1.65
Expiration date	10/30/2022
Series SS [Member]
STOCKHOLDERS' EQUITY
Issue date	12/19/2017
Shares issuable upon exercise of warrant | shares	514,476
Exercise price | $ / shares	$ 2.09
Expiration date	12/18/2022
Series TT [Member]
STOCKHOLDERS' EQUITY
Issue date	2/5/2018
Shares issuable upon exercise of warrant | shares	760,758
Exercise price | $ / shares	$ 2.24
Expiration date	2/5/2023
Series PP [Member]
STOCKHOLDERS' EQUITY
Issue date	8/28/2017
Shares issuable upon exercise of warrant | shares	112,500
Exercise price | $ / shares	$ 2.30
Expiration date	2/28/2023
Series WW [Member]
STOCKHOLDERS' EQUITY
Issue date	7/2/2018
Shares issuable upon exercise of warrant | shares	1,950
Exercise price | $ / shares	$ 1.63
Expiration date	6/28/2023
Series VV [Member]
STOCKHOLDERS' EQUITY
Issue date	7/2/2018
Shares issuable upon exercise of warrant | shares	90,000
Exercise price | $ / shares	$ 1.75
Expiration date	1/2/2024
Consultants [Member]
STOCKHOLDERS' EQUITY
Issue date	7/28/2017
Shares issuable upon exercise of warrant | shares	10,000
Exercise price | $ / shares	$ 2.18
Expiration date	7/27/2027

C. STOCKHOLDERS EQUITY (Detai_5

C. STOCKHOLDERS EQUITY (Details 4) - USD ($)	3 Months Ended		9 Months Ended
	Jun. 30, 2019	Jun. 30, 2018	Jun. 30, 2019	Jun. 30, 2018	Sep. 30, 2018
Equity [Abstract]
Series S warrants	$ 0		$ 0		$ 33
Series V warrants	1,249,835		1,249,835		770,436
Series W warrants	2,131,237		2,131,237		999,081
Series Z warrants	1,172,626		1,172,626		487,767
Series ZZ warrants	72,185		72,185		34,215
Series AA warrants	963,990		963,990		380,474
Series BB warrants	64,256		64,256		28,456
Series CC warrants	3,699,989		3,699,989		1,779,724
Series DD warrants	0		0		1,249,287
Series EE warrants	0		0		1,249,287
Series FF warrants	433,091		433,091		188,921
Series GG warrants	0		0		607,228
Series HH warrants	44,050		44,050		58,816
Series II warrants	660,020		660,020		660,135
Series JJ warrants	64,252		64,252		88,642
Series KK warrants	0		0		656,930
Series LL warrants	177,299		177,299		77,632
Total warrant liabilities	10,732,830		10,732,830		$ 9,317,064
Series S warrants	0	$ (768,188)	33	$ (756,261)
Series V warrants	(974,251)	26,389	(479,399)	22,842
Series W warrants	(1,748,184)	42,609	(1,132,156)	18,478
Series Z warrants	(799,690)	26,587	(684,859)	34,682
Series ZZ warrants	(50,608)	1,914	(37,970)	2,103
Series AA warrants	(676,784)	19,661	(583,516)	28,337
Series BB warrants	(43,536)	1,695	(35,800)	1,988
Series CC warrants	(2,346,985)	139,325	(2,007,287)	181,244
Series DD warrants	0	36	1,249,287	5,492
Series EE warrants	0	36	1,249,287	5,492
Series FF warrants	(278,773)	15,818	(244,170)	23,119
Series GG warrants	88,478	132,712	195,228	170,131
Series HH warrants	(33,501)	5,279	(22,859)	7,962
Series II warrants	(709,303)	199,970	(593,960)	250,578
Series JJ warrants	(48,880)	7,960	(32,954)	11,970
Series KK warrants	(169,089)	132,884	(55,622)	169,808
Series LL warrants	(114,413)	6,695	(99,667)	10,002
Net (loss)/gain on warrant liabilities	$ (7,905,519)	$ (8,618)	$ (3,316,384)	$ 187,967

C. STOCKHOLDERS EQUITY (Detai_6

C. STOCKHOLDERS EQUITY (Details 5) - USD ($)	3 Months Ended		9 Months Ended
	Jun. 30, 2019	Jun. 30, 2018	Jun. 30, 2019	Jun. 30, 2018
Equity [Abstract]
Amount realized through the sale of shares	$ 1,455,844	$ 1,560,641	$ 3,167,196	$ 2,785,932
Fair value of shares upon issuance	0	1,710,000	1,290,000	2,957,400
Other non-operating gain (loss)	$ 1,455,844	$ (149,359)	$ 1,877,197	$ (171,468)

C. STOCKHOLDERS EQUITY (Detai_7

C. STOCKHOLDERS EQUITY (Details Narrative) - USD ($)	Jun. 30, 2019	Sep. 30, 2018
Equity [Abstract]
Non-employee stock based compensation expense	$ 88,000	$ 207,000

D. FAIR VALUE MEASUREMENTS (Det

D. FAIR VALUE MEASUREMENTS (Details) - USD ($)	Jun. 30, 2019	Sep. 30, 2018
Derivative instruments	$ 10,732,830	$ 9,317,064
Quoted Prices in Active Markets for Identical Assets or Liabilities (Level 1)
Derivative instruments	0	33
Significant Other Observable Inputs (Level 2)
Derivative instruments	0	0
Significant Unobservable Inputs (Level 3)
Derivative instruments	$ 10,732,830	$ 9,317,031

D. FAIR VALUE MEASUREMENTS (D_2

D. FAIR VALUE MEASUREMENTS (Details 1) - USD ($)	9 Months Ended	12 Months Ended
	Jun. 30, 2019	Sep. 30, 2018
Fair Value Disclosures [Abstract]
Beginning balance	$ 9,317,031	$ 2,020,629
Issuances	0	0
Exercises	(1,900,618)	(595,780)
Realized and unrealized (gains) and losses	3,316,417	7,892,182
Ending balance	$ 10,732,830	$ 9,317,031

F. COMMITMENTS AND CONTINGENC_3

F. COMMITMENTS AND CONTINGENCIES (Details)	Jun. 30, 2019USD ($)
Commitments and Contingencies Disclosure [Abstract]
Three months ending September 30, 2019	$ 453,000
2020	1,872,000
2021	1,937,000
2022	2,004,000
2023	2,073,000
2024	2,145,000
Thereafter	9,540,000
Total future minimum lease obligation	20,024,000
Less imputed interest on financing obligation	(6,548,000)
Net present value of lease financing obligation	$ 13,476,000

F. COMMITMENTS AND CONTINGENC_4

F. COMMITMENTS AND CONTINGENCIES (Details 1)	Jun. 30, 2019USD ($)
Commitments and Contingencies Disclosure [Abstract]
Three months ending September 30, 2019	$ 66,000
2020	238,000
2021	163,000
2022	69,000
Total	$ 536,000

F. COMMITMENTS AND CONTINGENC_5

F. COMMITMENTS AND CONTINGENCIES (Details Narrative) - USD ($)	Jun. 30, 2019	Sep. 30, 2018
Research and Development Lab
Deferred rent liability	$ 14,000	$ 12,000
Headquarters
Deferred rent liability	$ 9,000	$ 14,000

G. PATENTS (Details)

G. PATENTS (Details) - USD ($)	Jun. 30, 2019	Sep. 30, 2018
Intangible Assets, Net (Excluding Goodwill) [Abstract]
Three months ending September 30, 2019	$ 11,000
2020	43,000
2021	40,000
2022	36,000
2023	26,000
2024	21,000
Thereafter	95,000
Total	$ 272,488	$ 258,093

G. PATENTS (Details Narrative)

G. PATENTS (Details Narrative) - USD ($)	3 Months Ended		9 Months Ended
	Jun. 30, 2019	Jun. 30, 2018	Jun. 30, 2019	Jun. 30, 2018
Intangible Assets, Net (Excluding Goodwill) [Abstract]
Amortization of patent costs	$ 49,000	$ 34,000	$ 72,000	$ 53,000

H. LOSS PER COMMON SHARE (Detai

H. LOSS PER COMMON SHARE (Details) - shares	9 Months Ended
	Jun. 30, 2019	Jun. 30, 2018
Antidilutive securities	8,294,857	12,879,982
Options and Warrants
Antidilutive securities	7,742,857	12,567,982
Unvested Restricted Stock
Antidilutive securities	552,000	312,000