Congress Gets Warning Letter: Be Aware The DEA Is Breaking The Law, Cannabis Company Says

Cannabis researcher MMJ International Holdings Corp (MMJ) continues to fight with the Drug Enforcement Administration (DEA) over a bulk manufacturing application that was submitted almost five years ago, and never processed.

Megan Sheehan of Sheehan & Associates, representing MMJ, sent a warning letter to the DEA deputy assistant administrator Matthew Strait, and DEA regulatory chief Ricardo Quintero, Benzinga learned.

Against The Law 

“My client has submitted a bulk manufacturing application (W18134021E) for research and pharmaceutical development purposes on December 27, 2018, and your agency has still not processed the application in question,” the letter exclusively procured by Benzinga reads. “This inaction is in violation of the Controlled Substance Act (“CSA”), the Marijuana and Cannabidiol Research Expansion Act (“MCREA”), and Drug Enforcement Agency (“DEA”) policies and procedures."

Per the document, the company’s legal representative argues that the MCREA mandates application responses to be within 60 days of applying. “The MCREA directs the DEA to follow procedures specified within the Act to register practitioners and institutions to conduct research.”

The DEA’s attitude toward its application is “they will get to it when they get to it,” the company said. According to Sheehan, that proves that the agency is aware of its inaction in this case, therefore making a violation against the mentioned Acts and policies.

Damages To The Company & Beyond

Sheehan further argues that MMJ has been damaged by these delays in the process, by not being able to conduct planned research or to fulfill duties to other parties. 

“MMJ is working to develop pharmaceuticals which will change the lives of those suffering everyday from chronic ailments. MMJ cannot import and cultivate the specific marijuana plant genetics they require for the pharmaceutical development and Food and Drug Administration protocols,” the letter states. 

What’s more, the company notes that the DEA with its actions is forcing U.S. companies like MMJ to look for foreign options thus depriving the U.S. of employment and revenue.

Senate And Congress Should Be Aware 

This is not the first attempt by MMJ’s president Duane Boise to speed up the application process. In May 2022, the company filed a motion in federal court against the DEA asking the federal court for "an emergency motion for irreparable damages."

Some six months later, a Rhode Island federal judge referred the suit by saying the circuit courts are a better venue for the dispute.

With the new letter, the company hopes to expedite the process of reviewing MMJ’s DEA license.

“My office will take steps to initiate legal action if my office does not receive a response within seven (7) business days from receipt of this letter. We do not wish to institute legal action, but you have failed to address this issue in good faith for several years now,” Sheehan concluded.

While filing a lawsuit (writ of mandamus) in the DC circuit would be one possible solution for MMJ if DEA remains inactive, Boise told Benzinga another is to raise awareness to the Senate and Congress about the agency’s “flagrant disregard for the rule of law.”

Boise highlighted a recent statement by Republican Senator Chuck Grassley in a recent unrelated case that highlights somewhat strange actions made by the DEA.

“DEA has demonstrated a willingness to take painstaking measures to avoid the Senate’s watchful eye — including by potentially using a technicality to shirk Senate confirmation of a key agency decision maker,” Grassley, a member of the Senate Judiciary Committee, said. “Avoiding congressional oversight is a tired game the DEA can’t stop playing. It begs the question: What else is the DEA trying to hide?”

The question remains: Why has DEA delayed the application process for so long, even though it is against the law?

See Also: MMJ's THC-CBD Drug Ready For MS And Huntington's Disease Clinical Trials, Awaiting DEA And FDA Final Approvals

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