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DEA Unconstitutional Marijuana Hearing - MMJ to File Emergency Injunction and Suit for Irreparable Harm
DEA Unconstitutional Marijuana Hearing - MMJ to File Emergency Injunction and Suit for Irreparable Harm

Associated Press

time01-05-2025

  • Business
  • Associated Press

DEA Unconstitutional Marijuana Hearing - MMJ to File Emergency Injunction and Suit for Irreparable Harm

'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: ...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: '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: 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 [email protected] 203-231-8583 SOURCE: MMJ International Holdings press release

DEA MARIJUANA SCAM: As DEA Cannabis Program Implodes This 4/20, MMJ Stands Alone in Pursuit of Real Medicine
DEA MARIJUANA SCAM: As DEA Cannabis Program Implodes This 4/20, MMJ Stands Alone in Pursuit of Real Medicine

Associated Press

time20-04-2025

  • Business
  • Associated Press

DEA MARIJUANA SCAM: As DEA Cannabis Program Implodes This 4/20, MMJ Stands Alone in Pursuit of Real Medicine

MMJ's DEA lawsuit continues moving through the federal courts. The 8 organizations who have been issued DEA federal cannabis registrations since 2021, all are incapable of growing pharmaceutical-grade marijuana and 7 are now either inactive or bankrupt. WASHINGTON, DC / ACCESS Newswire / April 20, 2025 / As the nation marks April 20 or '4/20,' the unofficial cannabis holiday long associated with marijuana reform, cultural awareness, and patient advocacy, new revelations expose a scandal at the heart of America's DEA federal cannabis research policy. The 8 companies granted marijuana registrations by the U.S. Drug Enforcement Administration (DEA) since 2021, the only one, MMJ BioPharma Cultivation is actively pursuing FDA-compliant, pharmaceutical-grade marijuana development. The others are either inactive, bankrupt or never began cultivation at all. Despite being the only registrant aligned with federal pharmaceutical drug development standards, MMJ BioPharma's application has been delayed since 2018 - a staggering violation of the Medical Marijuana and Cannabidiol Research Expansion Act (MCREA), which requires the DEA to act within 60 days. 'This is not a backlog - this is a blockade. The DEA's inaction has destroyed scientific opportunities and patient hope. Seven years is not a delay - it's deliberate DEA obstruction' said Duane Boise, CEO of MMJ BioPharma Cultivation. 4/20: From Celebration to DEA Epitome Of Ineptitude April 20 has long been a symbol of cannabis progress and patient empowerment. But in 2025, it also marks the failure of America's regulatory framework due to bureaucrats at the DEA that have not delivered. Meet Thomas Prevoznik, Deputy Administrator, Matthew Strait, Deputy Administrator Policy and Aarathi Haig, DEA attorney now under investigation for ethical violations. While the DEA continues to posture about promoting research, the facts tell a different story: MMJ BioPharma Cultivation: Still Waiting While Others Vanish MMJ BioPharma is the only registrant to: Despite these accomplishments, the DEA has yet to issue MMJ's bulk manufacturing registration. DEA's Marijuana Research Program: A Roster of Failure Calls for Action on 4/20 In light of the program's implosion, MMJ BioPharma and patient advocates are calling for: 'On this 4/20, Americans should not be celebrating cannabis reform - they should be demanding accountability, Boise added. 'The DEA's marijuana program isn't just broken. It's a scam - and suffering patients are paying the price.' MMJ is represented by attorney Megan Sheehan. CONTACT: Madison Hisey [email protected] 203-231-8583 SOURCE: MMJ International Holdings press release

DEA's Marijuana Double Standard: Attorney Aarathi Haig Flouts Ethics Laws While Blocking MMJ's Cannabis Research
DEA's Marijuana Double Standard: Attorney Aarathi Haig Flouts Ethics Laws While Blocking MMJ's Cannabis Research

Associated Press

time09-04-2025

  • Business
  • Associated Press

DEA's Marijuana Double Standard: Attorney Aarathi Haig Flouts Ethics Laws While Blocking MMJ's Cannabis Research

Duane Boise CEO of MMJ International Holdings stated, 'When private citizens or companies fall short of compliance, the DEA acts swiftly and decisively. The question is, why is there no comparable urgency when the failure comes from within the DEA's own ranks? The agency's silence on this matter is not just a public relations problem—it's a breach of public trust.' WASHINGTON, D.C. / ACCESS Newswire The United States Drug Enforcement Administration (DEA), the federal agency tasked with enforcing the nation's controlled substances laws, now finds itself in the center of a growing controversy that threatens its credibility. The issue isn't just about the bureaucratic delays that have stalled vital medical marijuana research, it's about the integrity of the individuals charged with upholding the law. Aarathi Haig, the DEA attorney representing the agency in a high-profile lawsuit filed by MMJ BioPharma Cultivation, is currently listed as ineligible to practice law in New Jersey. Her lapsed status, with continuing legal education (CLE), IOLTA, and mandatory fee obligations, flies in the face of both state and federal ethics requirements. This isn't a clerical error, it's a serious breach of professional conduct that calls into question the agency's oversight and ethical standards. According to 28 U.S.C. § 530B, federal attorneys are required to abide by the ethical rules of the states in which they are licensed. Haig's inability to maintain good standing with the New Jersey Bar is a direct violation of this statute. The Department of Justice's own Ethics Handbook outlines fundamental principles which are honesty, integrity and adherence to the law which are undermined when an attorney fails to meet even the most basic professional obligations. This is Not a Minor Technicality MMJ BioPharma Cultivation, a company seeking to develop cannabis-based pharmaceuticals for Huntington's Disease and Multiple Sclerosis, has waited 7 years for DEA approval to conduct its research. The agency's delays have prompted a federal lawsuit, and now we learn that its legal representative may not even be ethically authorized to appear in court? This development not only bolsters MMJ's case, but paints a troubling picture of selective enforcement and double standards. Duane Boise CEO of MMJ International Holdings stated, 'When private citizens or companies fall short of compliance, the DEA acts swiftly and decisively. The question is why is there no comparable urgency when the failure comes from within the DEA's own ranks? The agency's silence on this matter is not just a public relations problem, it's a breach of public trust'. The Public Deserves Answers Has the DEA taken disciplinary action? Has Haig been removed from the case? What mechanisms exist within the DEA to ensure their attorneys meet the same standards the agency enforces on others? Congress must act. Oversight hearings should be convened, and the DEA should be held accountable not only for its handling of MMJ's application, but for its internal ethical failures. The revelations about Haig, offer a rare glimpse into an agency in need of reform that ensures fairness, transparency and accountability at all levels. At a time when the nation is reconsidering its policy approach to cannabis, we must also reconsider who is enforcing the law, and whether they are living up to the standards they demand of others. When the enforcers themselves become the violators, the law loses its moral authority. Madison Hisey 203-231-8583

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