DEA Diversion in Cannabis Chaos: MMJ Urges Terrance Cole, President Trump DEA Nominee to Dismantle Biden Era Cannabis Obstructors
"Mr. Cole has a historic opportunity to lead with integrity, science, and constitutional fidelity," said Boise. "He must put an end to this unlawful administrative hearing, root out DEA institutional marijuana bias, and restore lawful science-based regulatory practices."
WASHINGTON, DC / / May 4, 2025 / MMJ BioPharma Cultivation announced it will file an emergency motion and lawsuit in the U.S. District Court for the District of Rhode Island following a controversial ruling by DEA Administrative Law Judge (ALJ) Teresa Wallbaum. Judge Wallbaum recently issued a ruling to vacate a previously granted stay-clearing the path for a DEA ALJ hearing before what MMJ asserts is a constitutionally defective tribunal. Judge Wallbaum retired immediately after issuing the ruling.
The company's forthcoming legal action seeks to block the DEA's internal administrative hearing process, which MMJ argues violates the Supreme Court's landmark ruling in Axon Enterprise, Inc. v. FTC, and inflicts irreparable harm on its constitutional rights and medical mission.
MMJ Direct Challenge to DEA Overreach
The Axon decision, issued by the Supreme Court in 2023, affirmed that entities subject to unconstitutional agency proceedings can challenge them in federal court before being forced through the flawed administrative process. MMJ contends that the DEA's ALJ system, where judges are insulated from presidential oversight, runs afoul of Article II of the Constitution.
"We are not just challenging DEA policy; we are defending the rule of law," said Duane Boise, CEO of MMJ BioPharma Cultivation. "The DEA cannot ignore Supreme Court precedent and funnel applicants into hearings that are constitutionally invalid."
From Regulatory Delay to Constitutional Injury
MMJ's application to grow pharmaceutical-grade marijuana for FDA-sanctioned clinical trials was filed in 2018. Since then, the company has:
Built and passed inspection of a DEA-compliant facility
Received a DEA Schedule I analytical registration
Filed two FDA Investigational New Drug (IND) applications
Been awarded FDA Orphan Drug Designation for Huntington's Disease
Despite these milestones and the 60-day processing deadline set by the Medical Marijuana and Cannabidiol Research Expansion Act (MCREA), MMJ has waited over 2,300 days.
"The damage done by these delays is not just procedural-it's personal," Boise added. "Patients living with Huntington's and MS deserve answers and access, not bureaucratic purgatory."
Biden's Failed Cast of Characters: Milgram, Garland, Thomas Prevoznik, Matthew Strait
For years, DEA Administrator Anne Milgram, Attorney General Merrick Garland, and the broader Biden administration have stood idle-overseeing a federal agency that continues to delay and deny legitimate medical cannabis research. Despite bipartisan legislation and judicial precedent, no meaningful reform has occurred.
"The Biden administration had every opportunity to fix this. Instead, they turned a blind eye to patients and the Constitution," said Boise.
Message to President Trump's Appointee: Terrance Cole Must Act
Now, all eyes turn to Terrance Cole, President Trump's nominee for DEA Administrator, who MMJ urges to dismantle the obstructionist legacy left behind by the Biden-era leadership.
"Mr. Cole has a historic opportunity to lead with integrity, science, and constitutional fidelity," said Boise. "He must put an end to this unlawful administrative hearing, root out DEA institutional bias, and restore lawful science-based regulatory practices."
MMJ emphasized that Cole's leadership can mark a turning point: not just for the agency, but for tens of thousands of patients across the country.
"This is about reclaiming the DEA from the grip of politics and putting patients first," Boise added. "Terrance Cole can either reform the agency-or risk continuing the shameful legacy of his predecessors."
Federal Court Relief Sought
MMJ's legal filing will request:
A preliminary and permanent injunction halting the ALJ proceeding
A declaration that the DEA's ALJ process violates the Constitution
Expedited federal review in accordance with the Axon precedent
"We are not seeking special treatment," Boise concluded. "We are demanding a fair, lawful process-something every American is entitled to. The DEA must be held accountable."
MMJ is Represented by Attorney Megan Sheahan and Associates
CONTACT:Madison Hiseymhisey@mmjih.com203-231-8583
SOURCE: MMJ International Holdings
View the original press release on ACCESS Newswire
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