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Associated Press
9 hours ago
- Business
- Associated Press
DEA Judge Mulrooney's MMJ Marijuana Ruling May Be DEA's Last Stand Before the Constitution Strikes Back
Judge Mulrooney's decision may have handed MMJ BioPharma Cultivation a defeat inside the DEA's walls, but in doing so, he may have handed MMJ a powerful victory in federal court. The record of constitutional violations and DEA violations is now preserved - the 'Axon-Jarkesy defense' is primed - and the very administrative law judge system the DEA clings to may not survive scrutiny. WASHINGTON, D.C. / ACCESS Newswire / June 22, 2025 / In a move that now appears both unconstitutional and strategically reckless, the Drug Enforcement Administration's (DEA) Chief Administrative Law Judge John J. Mulrooney II has ruled against MMJ BioPharma Cultivation - not by adjudicating evidence, but by canceling the hearing altogether, shutting the courtroom door before any facts could be presented. This denial of due process is not just procedural misconduct. It stands in direct violation of recent Supreme Court precedent - namely, Axon Enterprise, Inc. v. FTC (2023) and Jarkesy v. SEC (2024) - which fundamentally altered the authority of federal agencies to conduct internal administrative hearings shielded from constitutional scrutiny. Why DEA's ALJ System is Constitutionally Cracked In Axon v. FTC, the Supreme Court held that constitutional challenges to federal administrative adjudication systems need not wait until after the agency's internal process is complete. The ruling opened the door for early judicial review - precisely to prevent agencies like the DEA from causing irreparable harm to regulated parties before a federal court can weigh in. Justice Gorsuch put it plainly: 'A proceeding that has already happened cannot be undone.' But that is exactly what happened to MMJ BioPharma Cultivation. Despite spending seven years pursuing a legally sound registration to grow marijuana for FDA-sanctioned clinical trials, MMJ was denied the chance to be heard. Judge Mulrooney ruled - without trial - that the case could be decided on the papers, ignoring contested facts, ignoring ex parte communications concerns, and ignoring the constitutional structure of justice itself. Jarkesy and the Death Knell for DEA's Shadow Court The Supreme Court's decision in Jarkesy v. SEC went even further. The Court ruled that administrative adjudications violate the Constitution on multiple fronts: The DEA's administrative system which allowed Judge Mulrooney to operate unchecked, issue rulings without testimony, and sabotage a life sciences company without judicial oversight - now sits squarely in the crosshairs of both Axon and Jarkesy. MMJ BioPharma Cultivation: The Victim of an Unconstitutional Machine MMJ BioPharma Cultivation is not a fringe operation. It is the only DEA applicant actively pursuing pharmaceutical-grade cannabinoid therapies under FDA Investigational New Drug (IND) protocols, including a manufactured softgel formulation for Huntington's Disease and Multiple Sclerosis. Despite this, Judge Mulrooney's June 2025 ruling canceled a long-scheduled hearing without any opportunity for MMJ to introduce its DEA-compliant facility documentation, binding supply agreements, or evidence of DEA ex parte interference. Even worse, the company was never formally noticed of the pretrial decision - a basic requirement of any fair proceeding. Instead of adjudicating facts, Mulrooney rubber-stamped DEA's bureaucratic inertia. What's Next? The Courts Must Clean Up the DEA's Mess The Supreme Court has been crystal clear: agencies like the DEA do not have unreviewable authority over people's rights, livelihoods, or innovations. Congress did not create 'mini-courts' within executive agencies to bypass the Constitution. Judge Mulrooney's decision may have handed MMJ a defeat inside the DEA's walls, but in doing so, he may have handed MMJ a powerful victory in federal court. The record of constitutional violations is now preserved - the 'Axon Side-Step' is primed - and the very administrative law judge system the DEA clings to may not survive scrutiny. If MMJ's case advances to the D.C. Circuit or even the Supreme Court, it may well be the case that dismantles the DEA's internal adjudication regime once and for all. In the end, the question is no longer whether MMJ BioPharma has been mistreated. The question is whether the DEA's system can survive the Constitution. MMJ is represented by attorney Megan Sheehan. CONTACT: Madison Hisey [email protected] 203-231-8583 SOURCE: MMJ International Holdings press release
Associated Press
15-06-2025
- Business
- Associated Press
DEA Delays MMJ Cannabis Research While Allowing Texas Ibogaine Studies Without Obstruction: The Tale of Two Schedule I Substances
Two Schedule I drugs. Two research tracks. One DEA double standard. MMJ BioPharma Cultivation's FDA sanctioned cannabis research has been stonewalled for seven years. Meanwhile, Texas launches state-funded ibogaine trials with full political support and zero DEA obstruction. Is federal drug policy about science or selective enforcement? WASHINGTON, DC / ACCESS Newswire / June 15, 2025 / The Drug Enforcement Administration (DEA) has spent the last seven years obstructing MMJ BioPharma Cultivation's federally lawful efforts to research cannabis derived medicine for devastating neurological diseases. Yet this week, the same Drug Enforcement Administration sits idly by as Texas Governor Greg Abbott signs SB 2308, a bold new law investing $50 million into clinical research of ibogaine, a Schedule I psychedelic with no FDA approval and known cardiotoxicity risks. The DEA hypocrisy is staggering. Two Schedule I Drugs, Two Opposite Realities Ibogaine and marijuana are both Schedule I substances - the most restrictive classification under the Controlled Substances Act. This means the DEA claims they have: And yet, while Texas is encouraged to pursue ibogaine trials through gifts, grants, and state matching funds, MMJ BioPharma has been trapped in a Kafkaesque limbo for attempting the same with cannabis-despite MMJ's direct alignment with the FDA's Investigational New Drug (IND) process, orphan drug designation, and a DEA-compliant manufacturing facility. 'Why is Texas allowed to bypass federal enforcement for psychedelic research while MMJ BioPharma Cultivation is targeted and delayed for developing cannabis-based therapies through the FDA?' stated Duane Boise CEO MMJ. The Texas Psychedelic Loophole: DEA Selective Enforcement? Under SB 2308, Texas will now: There has been no indication that the DEA intends to interfere with this psychedelic research initiative. In fact, Texas officials cite DEA coordination as merely a procedural formality. Compare that to MMJ BioPharma: Despite this, DEA attorneys - including those under internal ethics investigation - have argued to dismiss MMJ's claims and to keep the company locked out of cannabis-based drug development. So let's ask the obvious: Will the DEA block Texas next? Or are Schedule I drugs only 'dangerous' when researched by companies the DEA doesn't control? Veterans Deserve Science, Not Bureaucracy Both ibogaine and cannabis have shown promise in treating PTSD, opioid dependency, and neurodegenerative diseases, especially among U.S. veterans. But only one path is being respected by federal regulators: the one funded by politics, not science. 'Patients deserve real medicine, not political footballs,' said Duane Boise, CEO of MMJ International Holdings. The Inconvenient Truth: MMJ Followed the Law - And Paid the Price The contrast could not be more striking: If the DEA allows Texas to move forward unimpeded while continuing to obstruct MMJ's FDA-approved research, it will be a glaring admission of regulatory bias, abuse of discretion, and political favoritism. Congress, the courts, and the public must now ask: Is the DEA enforcing the law-or weaponizing it? If the DEA cannot respect the law, then the law must be used to dismantle the DEA. MMJ is represented by attorney Megan Sheehan. CONTACT: Madison Hisey [email protected] 203-231-8583 SOURCE: MMJ International Holdings press release
Yahoo
15-06-2025
- Business
- Yahoo
DEA Delays MMJ Cannabis Research While Allowing Texas Ibogaine Studies Without Obstruction: The Tale of Two Schedule I Substances
Two Schedule I drugs. Two research tracks. One DEA double BioPharma Cultivation's FDA sanctioned cannabis research has been stonewalled for seven years. Meanwhile, Texas launches state-funded ibogaine trials with full political support and zero DEA federal drug policy about science or selective enforcement? WASHINGTON, DC / / June 15, 2025 / The Drug Enforcement Administration (DEA) has spent the last seven years obstructing MMJ BioPharma Cultivation's federally lawful efforts to research cannabis derived medicine for devastating neurological diseases. Yet this week, the same Drug Enforcement Administration sits idly by as Texas Governor Greg Abbott signs SB 2308, a bold new law investing $50 million into clinical research of ibogaine, a Schedule I psychedelic with no FDA approval and known cardiotoxicity risks. The DEA hypocrisy is staggering. Two Schedule I Drugs, Two Opposite Realities Ibogaine and marijuana are both Schedule I substances - the most restrictive classification under the Controlled Substances Act. This means the DEA claims they have: No currently accepted medical use, and A high potential for abuse. And yet, while Texas is encouraged to pursue ibogaine trials through gifts, grants, and state matching funds, MMJ BioPharma has been trapped in a Kafkaesque limbo for attempting the same with cannabis-despite MMJ's direct alignment with the FDA's Investigational New Drug (IND) process, orphan drug designation, and a DEA-compliant manufacturing facility. "Why is Texas allowed to bypass federal enforcement for psychedelic research while MMJ BioPharma Cultivation is targeted and delayed for developing cannabis-based therapies through the FDA?"stated Duane Boise CEO MMJ. The Texas Psychedelic Loophole: DEA Selective Enforcement? Under SB 2308, Texas will now: Fund clinical ibogaine trials despite its Schedule I status Rely on state institutions with cardiac-monitoring capabilities Pursue FDA registration, even though ibogaine has never passed federal safety review There has been no indication that the DEA intends to interfere with this psychedelic research initiative. In fact, Texas officials cite DEA coordination as merely a procedural formality. Compare that to MMJ BioPharma: Filed for DEA Schedule I Bulk Manufacturing Registration in 2018 Passed multiple DEA facility inspections Obtained FDA Orphan Drug Designation for Huntington's Disease Submitted INDs for MS and Huntington's Was forced to sue the DEA in federal court after years of delay and inaction Despite this, DEA attorneys - including those under internal ethics investigation - have argued to dismiss MMJ's claims and to keep the company locked out of cannabis-based drug development. So let's ask the obvious: Will the DEA block Texas next? Or are Schedule I drugs only "dangerous" when researched by companies the DEA doesn't control? Veterans Deserve Science, Not Bureaucracy Both ibogaine and cannabis have shown promise in treating PTSD, opioid dependency, and neurodegenerative diseases, especially among U.S. veterans. But only one path is being respected by federal regulators: the one funded by politics, not science. "Patients deserve real medicine, not political footballs," said Duane Boise, CEO of MMJ International Holdings. The Inconvenient Truth: MMJ Followed the Law - And Paid the Price The contrast could not be more striking: Texas bypasses federal law, gets funded MMJ follows federal law, gets punished If the DEA allows Texas to move forward unimpeded while continuing to obstruct MMJ's FDA-approved research, it will be a glaring admission of regulatory bias, abuse of discretion, and political favoritism. Congress, the courts, and the public must now ask:Is the DEA enforcing the law-or weaponizing it? If the DEA cannot respect the law, then the law must be used to dismantle the is represented by attorney Megan Sheehan. CONTACT:Madison HiseyMHisey@ SOURCE: MMJ International Holdings View the original press release on ACCESS Newswire Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
Associated Press
28-05-2025
- Business
- Associated Press
DEA Marijuana Hypocrisy On Full Display: Why are U.S. Cannabis Companies Exporting Illegally While MMJ BioPharma Is Stonewalled?
'The Drug Enforcement Administration (DEA) is embroiled in a glaring contradiction: While federally compliant medical cannabis researchers like MMJ BioPharma Cultivation remain paralyzed by bureaucratic delays, U.S. recreational cannabis companies are openly exporting products, intellectual property and money to Europe -flouting federal law with no DEA intervention', stated Duane Boise, CEO MMJ. This double standard exposes a system prioritizing corporate profits over scientific progress and public health, undermining the DEA's mandate under the Controlled Substances Act (CSA). WASHINGTON, DC / ACCESS Newswire / May 28, 2025 / While federally compliant pharmaceutical cannabis researchers like MMJ BioPharma Cultivation remain blocked from growing marijuana for FDA-authorized clinical trials, U.S. recreational cannabis companies are quietly shipping marijuana products, IP, and profits across the Atlantic - with virtually no resistance from the Drug Enforcement Administration (DEA). This is not just a contradiction. It's a federal double standard that protects commercial profit over public health, sabotages scientific research, and undermines the DEA's credibility under the Controlled Substances Act. DEA Allows Illegal Cannabis Exports? According to a recent Forbes report, major U.S. cannabis companies - including Curaleaf, Cookies, and Active are aggressively expanding in Europe, despite marijuana remaining a Schedule I controlled substance under federal law. The DEA strictly prohibits interstate commerce and international export of THC-based cannabis without explicit DEA authorization. So how are these companies doing it? They exploit legal loopholes using foreign subsidiaries, licensing arrangements, and strategic partnerships, effectively laundering money and Schedule I products into global markets like Germany, Portugal, and the UK. Active, a U.S. vaporizer manufacturer, now derives over 5% of its revenue from European cannabis companies and expects to double that soon. And yet - no DEA raids, no shutdowns, no warning letters. MMJ BioPharma: Fully Compliant, Legally Paralyzed Contrast that with MMJ BioPharma Cultivation, which has: Since 2018, MMJ has been waiting for the DEA to issue a Schedule I bulk manufacturing registration to grow its research material. Instead of approval, MMJ received a legally and constitutionally defective Order to Show Cause, overseen by an ALJ whose appointment the DOJ itself has now conceded was unconstitutional. Why the delay? Because MMJ's business model doesn't align with recreational profits - it's built on scientific rigor, regulatory compliance, and public health impact. And in today's DEA, that seems to be a liability. Federal Dysfunction: Policy by Profit, Not by Science The DEA's inaction toward exporters and aggression toward MMJ reflects a broader bureaucratic rot. While state-licensed cannabis operators are treated as de facto legal - despite violating federal law daily - those seeking federal compliance for clinical research are punished with silence, obstruction, and delay. This is not enforcement. It's economic favoritism posing as policy. As Beau Whitney, founder of Whitney Economics, told Forbes: 'The U.S. market is state by state and dysfunctional… from an investment perspective, it's high risk, low return, which is upside down.' Will Terrance Cole Break the Cycle? Incoming DEA Administrator Terrance Cole inherits a mess: Cole's choice is simple: Time to Choose Between Cartels and Clinics MMJ BioPharma Cultivation has followed the law. It has built the infrastructure. It has earned FDA authorization. And yet, it is treated as an outsider by the very agency tasked with enabling lawful scientific research. Meanwhile, unlicensed exports are booming, and DEA looks the other way. If Terrance Cole DEA (administrator to be confirmed) and the Trump administration are serious about federal cannabis reform, medical research, and agency accountability, they must answer this question: Why is the DEA helping companies skirt the law overseas while blocking the one company that's trying to follow it at home? It's time to stop the DEA clown show, and let science lead. MMJ is represented by attorney Megan Sheehan. CONTACT: Madison Hisey [email protected] 203-231-8583 SOURCE: MMJ International Holdings press release
Associated Press
25-05-2025
- Politics
- Associated Press
DEA's Internal Marijuana Resistance: MMJ BioPharma Delays Reflect a Wider Cannabis Rescheduling Crisis
As Former White House Drug Czar Rahul Gupta revealed DEA intentional sabotage, will DEA Administrator Nominee Terrance Cole Address the Marijuana Crisis? Bureaucratic Inaction and Medical Delays Demand Accountability. WASHINGTON, DC / ACCESS Newswire / May 25, 2025 / When former White House Drug Czar Rahul Gupta revealed that the Drug Enforcement Administration (DEA) had intentionally delayed marijuana rescheduling from within its own ranks, it sent shockwaves through the cannabis policy world. For MMJ BioPharma Cultivation, the federally compliant pharmaceutical company developing cannabinoid-based treatments for Huntington's disease and Multiple Sclerosis, this revelation merely confirms what they have endured for years: bureaucratic sabotage from inside the DEA. The similarities between MMJ's stalled license application and the national rescheduling impasse are too glaring to ignore. Both involve DEA officials subverting legal processes, ignoring scientific consensus, and acting contrary to Department of Justice (DOJ) directives. And in both cases, the ultimate cost is borne by suffering patients and U.S. scientific progress. MMJ's Seven-Year Delay: Compliance Met with Contempt MMJ BioPharma Cultivation has followed every federal rule: Yet the DEA has refused to issue a Schedule I Bulk Manufacturing License necessary to grow cannabis for clinical trials. The agency's inaction has persisted for over seven years, despite multiple inspections and full compliance. The delay isn't based on science. It isn't based on law. It's based on unaccountable bureaucrats like DEA Deputy Assistant Administrator Thomas Prevoznik and marijuana policy administrator Matthew Strait, who wield unchecked power behind closed doors. Echoes of the Rescheduling Crisis Gupta's recent statement to The New York Times revealed that the DEA's internal resistance to rescheduling cannabis had torpedoed the Biden administration's efforts. Despite HHS and FDA recommendations, and Attorney General Merrick Garland's approval, DEA leadership stalled the process and raised suspect questions about the medical value of cannabis-a move critics call 'rigged.' Sound familiar? That's precisely what MMJ BioPharma Cultivation has alleged in court: that DEA officials have subverted the Controlled Substances Act and DOJ policies, intentionally obstructing the lawful drug development process. Constitutional Violations, Ignored Directives The Supreme Court's Axon ruling declared the DEA's Administrative Law Judge (ALJ) system unconstitutional. In line with this, DOJ formally informed courts it would no longer defend those ALJ tribunals. Yet MMJ's case was just sent back into that exact invalid hearing structure, scheduled for June 11, 2025. This isn't mere delay. It's institutional defiance of the rule of law. The Real Victims: Patients and Science While DEA officials delay and deflect, patients with progressive neurological disorders continue to suffer. MMJ's therapies could offer relief, but the agency that should be enabling scientific advancement has instead become its greatest obstacle. Meanwhile, as DEA devotes resources to sabotaging federally compliant companies, it admits in its own 2025 National Drug Threat Assessment that cartel-backed operations are thriving in legalized states, exploiting weak oversight. 'The irony is glaring,' said MMJ CEO Duane Boise. 'The DEA blocks lawful drug development while cartels profit. The agency is both gatekeeper and roadblock-and now, a constitutional liability.' Time for Accountability MMJ BioPharma is calling on: 'This is no longer about science or safety,' Boise concluded. 'This is about entrenched power, defiance of the law, and a complete abandonment of the public interest. Congress must act now.' MMJ is represented by attorney Megan Sheehan. CONTACT: Madison Hisey [email protected] 203-231-85832 SOURCE: MMJ International Holdings press release
