DEA Scrambles to Defend Marijuana Decision Amid Supreme Court Ruling, Legal Collapse And Public Outrage
"They're defending a hearing that never actually happened," said Duane Boise."We followed every rule. They followed none."
WASHINGTON, D.C. / / July 27, 2025 / Friday, the U.S. Drug Enforcement Administration (DEA) filed a last-minute response in an escalating legal battle with MMJ BioPharma Cultivation, a Rhode Island-based pharmaceutical company seeking to grow federally compliant cannabis for FDA-approved clinical trials targeting Huntington's Disease and Multiple Sclerosis.
The agency's filing comes in response to MMJ's official legal "exceptions" challenging a controversial ruling by DEA Chief Administrative Law Judge John Mulrooney II (aka Mclooney) - a ruling that denied MMJ's bulk manufacturing registration without a hearing, without cross-examination, and without admitting material evidence into the record.
"We were stonewalled at every step," said Duane Boise, CEO of MMJ BioPharma. "The DEA ignored Supreme Court precedent, blocked our science, and manipulated the process to produce a predetermined outcome. Now they're trying to defend that decision in a system the Department of Justice itself has declared unconstitutional."
Constitutional Crisis
MMJ's case has become a flashpoint in the broader collapse of the DEA's internal court system. In Axon v. FTC (2023) and Jarkesy v. SEC (2024), the U.S. Supreme Court ruled that agency administrative law judges (ALJs) violate the separation of powers because they are insulated from presidential removal - a direct hit to the DEA's current process.
Even the Department of Justice has abandoned its defense of the ALJ structure, and Attorney General Pam Bondi notified the courts in February 2025 that DEA hearings like the one against MMJ BioPharma Cultivation are legally void.
DEA's Desperate Defense
Despite this, the DEA has now used its one allotted legal filing to respond to MMJ's exceptions - an effort seen by legal experts as a last-ditch attempt to salvage a crumbling decision and maintain bureaucratic control over cannabis based drug development.
"This is the DEA doubling down on injustice," said Boise. "They're defending a hearing that never actually happened because they're afraid of what the truth will show."
A Legitimate Researcher, Blocked
MMJ BioPharma Cultivation is not a dispensary. It is a federally compliant manufacturer that has:
FDA Orphan Drug Designation
Two accepted Investigational New Drug (IND) applications
A pharmaceutical grade cannabis facility built to DEA standards
Binding supply agreements with Schedule I licensees
Yet after more than 2,400 days of delays, the DEA still refuses to approve its registration - while unlicensed tribal and cartel-linked marijuana networks operate with impunity across state lines, and recreational cannabis companies receive preferential treatment.
Path Forward: Will Administrator Terrance Cole Act?
All eyes now turn to Terrance Cole, President Trump's newly confirmed DEA Administrator, who holds the final authority to approve or deny MMJ's license.
"Administrator Cole has a choice," said Boise. "He can defend a broken system riddled with bias and constitutional violations-or he can restore integrity by granting our lawful, science backed registration and ending seven years of obstruction."
MMJ BioPharma has vowed to take its case as far as necessary, including seeking federal injunctions and legislative reform if the DEA continues to block research.
About MMJ BioPharma Cultivation
MMJ BioPharma is a federally compliant biopharmaceutical company focused on producing cannabis derived medicines for neurodegenerative diseases. It operates under FDA regulatory frameworks and maintains partnerships with international GMP manufacturers and licensed U.S. laboratories.
MMJ is represented by attorney Megan Sheehan.
CONTACT:Madison HiseyMHisey@mmjih.com203-231-8583
SOURCE: MMJ International Holdings
View the original press release on ACCESS Newswire
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