The court has issued summons to DEA Director Anne Milgram and other DEA personnel involved in the illegal appointments. This trial is poised to address the DEA's disregard for presidential and congressional marijuana laws and its manipulation of cases to the agency's favor.
WASHINGTON, D.C. / ACCESSWIRE / June 24, 2024 / In a significant development, the head of the Drug Enforcement Administration (DEA), Anne Milgram, has been summoned by the Rhode Island Federal Court in relation to the agency's handling of MMJ BioPharma Cultivation's application to grow pharmaceutical marijuana. This action follows allegations that Milgram illegally appointed Administrative Law Judge Teresa Wallbaum to oversee MMJ BioPharma Cultivation's case.
Background
MMJ BioPharma Cultivation, MMJ Biopharma Labs, and MMJ International Holdings are at the forefront of pharmaceutical cannabis research. These companies have made substantial progress, filing FDA Investigational New Drug (IND) applications to conduct clinical trials for Multiple Sclerosis (MS) and Huntington's Disease (HD). MMJ International Holdings has developed proprietary THC and CBD non-synthetic soft gelatin capsules derived from marijuana plant extracts, which have been submitted to the FDA for approval. This marks them as the only company with a natural final dose THC and CBD medicine ready for human clinical trials.
Persistent DEA Delays
Despite these advancements, MMJ faces significant delays from the DEA in processing their application to cultivate strain-specific cannabis. MMJ's President, Duane Boise, has criticized the DEA for hindering marijuana research and development, impacting their business operations and delaying potential treatments for patients.
Illegal Judge Appointment and Legal Action
The legal battle intensified when Megan Sheehan and Associates, lawyers representing MMJ BioPharma, discovered that DEA Director Anne Milgram had illegally appointed Administrative Law Judge Teresa Wallbaum for MMJ's administrative law trial. This prompted MMJ BioPharma Cultivation to file a lawsuit in Rhode Island federal court, seeking to halt the DEA's unconstitutional actions.
The court has issued summons to DEA Director Anne Milgram and other DEA personnel involved in the illegal appointments. This trial is poised to address the DEA's disregard for presidential and congressional marijuana laws and its manipulation of cases to the agency's favor.
Broader Legal and Regulatory Implications
The Rhode Island Federal Court is poised to limit the discretion federal agencies like the DEA have in interpreting ambiguous laws. Additionally, the U.S. Supreme Court is set to issue decisions on two cases that could significantly impact the DEA's operations. One case involves the deference courts give to federal agencies in interpreting laws, while the other addresses the use of administrative law judges in enforcement cases. Oral arguments have been heard, and decisions are expected by late June.
Duane Boise emphasized the potential for 2024 to be a monumental year in administrative law, affecting all federal agencies, including the DEA.
Failed DEA Marijuana Policy
The case also highlights broader criticisms of the Biden administration's marijuana policy. Despite public assurances, there has been little meaningful action. The DEA's anti-marijuana stance continues to stymie research and development. With six approved DEA growers, none are currently cultivating marijuana for research, and the University of Mississippi remains the only source of marijuana for research purposes.
Tim Moynahan, attorney and chairman of MMJ BioPharma Cultivation, hopes that challenging the constitutionality of the DEA's actions will lead to a resolution. He emphasizes the critical need for MMJ to complete its research to help patients suffering from Multiple Sclerosis and Huntington's Disease.
Conclusion
The legal challenges faced by MMJ BioPharma underscore the urgent need for regulatory reform in the cannabis research landscape. The outcomes of these legal battles and the forthcoming Supreme Court decisions will be pivotal in shaping the future of pharmaceutical cannabis research and ensuring patients have access to new treatments.
MMJ is Represented by Attorney Megan Sheahan and Associates
CONTACT:
Madison Hisey
media@mmjih.com
203-231-8583
SOURCE: MMJ BioPharma Cultivation
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