"We are not just challenging DEA policy, we are defending the Constitution said Duane Boise, CEO of MMJ BioPharma Cultivation. The DEA cannot sidestep Supreme Court precedent and force us into a hearing. The agency is running a closed loop of power, Boise added, they investigate, prosecute, judge and override all in-house. That's not justice, that's a rigged game."
WASHINGTON, DC / ACCESS Newswire / May 1, 2025 / MMJ BioPharma Cultivation announced today that it will file for an emergency motion for injunctive relief in the U.S. District Court for the District of Rhode Island following a controversial ruling by a DEA Administrative Law Judge (ALJ) to vacate a previously granted stay, thereby green lighting a hearing before a DEA constitutionally flawed tribunal.
The company's forthcoming lawsuit will seek to block the DEA's administrative hearing process, which MMJ contends violates the Supreme Court's ruling in Axon Enterprise, Inc. v. FTC, and represents irreparable harm to its constitutional rights.
Axon and the Constitutional Crisis
The Axon decision, handed down by the U.S. Supreme Court in 2023, established that federal courts may hear structural constitutional challenges to administrative agencies without requiring parties to exhaust agency proceedings first. MMJ argues that the DEA's internal administrative process-led by ALJs who are unconstitutionally insulated from presidential removal-defies this ruling.
"We are not just challenging policy; we are defending the Constitution," said Duane Boise, CEO of MMJ BioPharma Cultivation. "The DEA cannot sidestep Supreme Court precedent and force us into a hearing that, by their own partial admission, is unconstitutional."
From Delay to Damage
MMJ has been seeking DEA approval since 2018 to manufacture pharmaceutical-grade cannabis for FDA clinical trials aimed at treating Huntington's Disease and Multiple Sclerosis. Despite:
Passing multiple DEA inspections
Receiving a DEA schedule 1 Analytical Lab registration
Receiving FDA Orphan Drug designation
Submitting Investigational New Drug (IND) applications
...MMJ has waited more than 2,300 days, well beyond the 60-day review period mandated by the Medical Marijuana and Cannabidiol Research Expansion Act (MCREA).
Now, with the DEA insisting on proceeding with a hearing before an ALJ system MMJ contends is structurally unconstitutional, the company is seeking judicial intervention to prevent what it sees as an "illegal and biased process."
Alleged Irreparable Harm
The emergency injunction will argue that forcing MMJ to participate in this proceeding now would cause:
Immediate constitutional injury by subjecting it to a flawed adjudicatory process
Loss of opportunity to obtain timely relief from a neutral Article III federal court
Delays in delivering life-saving medicine to patients awaiting clinical trials
"This is a direct threat to the right of every American business to a fair process under the law," Boise added. "We will not submit to an unconstitutional tribunal."
What's Next
MMJ's legal team plans to file the emergency motion and accompanying complaint in the coming days. The action seeks:
A preliminary and permanent injunction halting the DEA hearing
A declaration that the DEA's ALJ process violates the U.S. Constitution
Expedited review under the precedent set in Axon
MMJ's leadership emphasized that this fight is not just about one company-but about accountability at the highest levels of government.
"We are going to federal court to say enough is enough," said Boise. "It's time the DEA follows the law-not rewrites it."
MMJ is represented by attorney Megan Sheehan.
CONTACT:
Madison Hisey
mhisey@mmjih.com
203-231-8583
SOURCE: MMJ International Holdings
View the original press release on ACCESS Newswire:
https://www.accessnewswire.com/newsroom/en/healthcare-and-pharmaceutical/dea-unconstitutional-marijuana-hearing-mmj-to-file-emergency-injuncti-1022017
