MMJ BioPharma Cultivation Sues the DEA once again - Is the DEA a Rogue Agency?

The DEA Games Continue To Delay Legitimate Marijuana Clinical Trials and Research

WASHINGTON, DC / ACCESSWIRE / April 4, 2024 / Megan Sheehan and Associates, lawyers representing MMJ BioPharma Cultivation, is filing an interlocutory appeal in Federal Court this week contesting a DEA administrative law judicial hearing scheduled for April 10, 2024.

WHAT IS AN INTERLOCUTORY APPEAL?

MMJ is pleading to a federal appeals court to stop the DEA from continuing their unlawful actions thus commanding them to act in a manner as directed by presidential and congressional mandate.

Congressman Blumenauer (D Oregon) this week in committee stated "medical cannabis treatments being delayed and research being denied is politically damaging to the Biden administration" as is in the case of MMJ BioPharma Cultivation.

MMJ BioPharma Cultivation applied to the DEA in December of 2018 and has been patiently waiting DEA approval to grow federally legal marijuana for research and development to supply its FDA clinical trials for Multiple Sclerosis and Huntingtons Disease.

Federal suit challenging the DEA judges appointment

Under the Appointments Clause, inferior Article II "officers" such as DEA's administrative law judges must be appointed either by the President or the Head of their Department, the Attorney General of the United States. U.S. Const. art. II, § 2, cl. 2.

However, the DEA 's, administrative law judge was appointed by neither .

Once served, the DEA Administrative Law Judge will hit pause this coming week on an agency dispute with MMJ's manufacturers application for cannabis medications treating Multiple Sclerosis and Huntington's disease patients in clinical trials.

Pending her granting of a stay requested by Megan Sheehan attorney for MMJ BioPharma Cultivation Inc., Administrative Law Judge Teresa A. Wallbaum may say the particular circumstances of the case justify the pause until a federal court makes a decision. MMJ BioPharma Cultivation's challenge to this DEA tribunal's authority is now allowed in the federal courts to entertain interlocutory structural challenges and is a sufficiently new issue that makes it challenging to gauge the DEA's likelihood of success.

MMJ will also accuse the DEA of unconstitutionally attempting to delay its registrations as a manufacturer of medications and to delay its supplying medicine to suffering patients in FDA sponsored clinical trials.

MMJ's complaint, which also targets the DEA Director Anne Milgram, Deputy Assistant Administrator Diversion Control Division Thomas Prevoznik, and other government defendants, alleges that, due to her unlawful appointment, Judge Wallbaum cannot adjudicate the DEA's attempt to rule on MMJ's applications. The company also seeks a declaration that the DEA process for appointing administrative law judges is unconstitutional.

"Everyone agrees that there is a need for drugs to treat these neurological diseases- Congress, the FDA, the DEA, the doctors, parents' association - everyone's saying the same thing," said MMJ Biopharma Cultivations president Duane Boise . "And here we have an administrative agency that just completely arbitrarily attacks a company that's following the law to manufacture a marijuana soft gelatin capsule to help suffering patients."

"This is insanity," Boise added. "Someone's got to act."

MMJ BioPharma Cultivation alleges that the process used by the DEA to appoint Judge Wallbaum was the same process the U.S. Supreme Court found unconstitutional in June 2018 in a case brought against the Securities and Exchange Commission.

The DEA ALJs were appointed pursuant to a process that violates the Appointments Clause, a fundamental defect in the DEA's administrative enforcement process.

In her anticipated order, Judge Wallbaum will note that, under the U.S. Supreme Court's Axon ruling, subjecting a party to a proceeding that is ultimately found to be conducted within an unconstitutional structure can, standing alone, constitute legal harm.

The delays in approving legitimate marijuana clinical trials and research applications, as highlighted in the case of MMJ BioPharma Cultivation, can have far-reaching consequences. These delays not only hinder the progress of medical research but also impact the development of potential treatments for conditions like Multiple Sclerosis and Huntington's Disease. Patients who could potentially benefit from these treatments may be left waiting for relief due to bureaucratic hurdles.

DEA A ROGUE AGENCY?

The concerns about the DEA's alleged failure to follow congressional mandates for marijuana pharmaceutical development and clinical trials raise questions about the drug enforcement agency's accountability and transparency.

The accusations of the DEA acting in secrecy and maintaining a monopoly on marijuana cultivation for research purposes are troubling and warrant further investigation. Moreover, the legal challenges brought forth by MMJ BioPharma Cultivation, including allegations of unconstitutional processes in appointing administrative law judges, add another layer of complexity to the situation. If proven true, these allegations could have broader implications for the DEA's enforcement processes and decision-making authority.

DAMAGES AND BEYOND
The company has invested several millions of dollars in its agriculture facilities, good manufacturing practices, and research and development. MMJ Biopharma Cultivation has reached out to Senator Sheldon Whitehouse's office and Senator Jack Reed's office requesting assistance to no avail. Each time the senators and MMJ tried to get a DEA directive and update the DEA never responded. The economic impact has been devastating with loss of employment in Rhode Island as a result of Biden's DEA failed marijuana policy.

The potential impact of MMJ BioPharma Cultivations legal action?

The potential impact of this legal action extends beyond the specific case of MMJ BioPharma Cultivation. It could set a precedent for how the DEA handles similar applications in the future and may prompt a reevaluation of its policies and procedures regarding marijuana research and development.

Ultimately, the outcome of these legal challenges and the broader discussions around marijuana policies under the Biden administration will shape the future landscape of medical research, patient access to treatments, and government oversight of controlled substances. It will be important to monitor how these developments unfold and how they may impact the broader cannabis industry and healthcare landscape.

MMJ is represented by Attorney Megan Sheehan of Rhode Island.

For more information on MMJ, please visit www.mmjih.com.

CONTACT:

Madison Hisey
mhisey@mmjih.com
203-231-8583

SOURCE: MMJ International Holdings