'This Is Insanity, Someone's Got To Act,' Marijuana Researcher Files Fed Lawsuit Against DEA Over 'Unconstitutional Process'

A Rhode Island-based cannabis company, MMJ BioPharma Cultivation Inc., filed a complaint against the Drug Enforcement Administration alleging "an unconstitutional administrative proceeding before a DEA Administrative Law Judge (ALJ). " 

Upon discovering that DEA director Anne Milgram "illegally appointed the administrative law Judge Teresa Wallbaum" to hear the case, Megan Sheehan and Associates, lawyers representing MMJ, filed for relief seeking an order to halt these what they called "unconstitutional actions." 

Last August, MMJ filed a petition for a writ of mandamus in the U.S. Court of Appeals for the District of Columbia Circuit over a bulk manufacturing application submitted almost six years ago and never processed. MMJ's president and founder Duane Boise previously told Benzinga that the inaction goes directly against the Control Substance Act, negatively impacts MMJ and ignores its effort to help those suffering individuals from Huntington's Disease and Multiple Sclerosis through clinical research.

The DEA’s stance on cannabis and possible rescheduling on the federal level will be one of many important topics discussed by industry experts at the upcoming  Benzinga Cannabis Capital Conference next week.

‘This Is Insanity' 

In the complaint filed on Thursday in the U.S. District Court for the District of Rhode Island, MMJ argues it would be subject to "irreparable harm" under "such an unconstitutional proceeding," claiming DEA ALJ was appointed in "violation of the Appointments Clause of Article II, Section 2, of the Constitution and is not accountable to President, in violation of the Take Care Clause of Article II, Section 3 of the Constitution." 

Boise stated, “Everyone agrees that there is a need for drugs to treat these neurological diseases- Congress, the FDA, the DEA, the doctors, parents’ association – everyone’s saying the same thing. And here we have an administrative agency that just completely arbitrarily attacks a company that’s following the law to manufacture a marijuana soft gelatin capsule to help suffering patients.”

“This is insanity,” he added. “Someone’s got to act.”

The complaint further reads that the U.S. Supreme Court found that an ALJ appointment process nearly identical to that used by the DEA is unconstitutional. 

"On information and belief, the DEA ALJ presiding over MMJ's administrative hearing was selected from a group of candidates provided by the White House Office of Personnel Management ("OPM") and appointed by the DEA Administrator upon recommendation from DEA's Chief ALJ," reads the document. 

‘Heartless Individuals' Hurting Patients 

Commenting on the development, Boise stated, “We are dealing with heartless individuals at the DEA who continue to hinder marijuana research and development. MMJ has meticulously followed the law, yet the DEA fails to do the same. Ultimately, it is the patients in need who suffer due to government inaction.”

Tim Moynahan an attorney and the company’s chair added “I’m hoping that by both challenging the constitutionality of the DEA system while at the same time giving the DEA a roadmap to correct all of their errors. Someone within the DEA should settle this case particularly since MMJ is vital to completing drugs that we need to help patients suffering from Multiple Sclerosis and Huntington’s Disease.”

Related Links: 

Court Orders DEA To Respond To Medical Marijuana Company’s Request For Bulk Manufacturing Registration

The Benzinga Cannabis Capital Conference is returning to Florida at a new venue in Hollywood, on April 16 and 17, 2024. The two-day event at The Diplomat Beach Resort will be a chance for entrepreneurs, both large and small, to network, learn and grow. Renowned for its trendsetting abilities and influence on the future of cannabis, mark your calendars – this conference is the go-to event of the year for the cannabis world. Get your tickets now on bzcannabis.com – Prices will increase very soon!

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