[PRESS RELEASE] – WASHINGTON, D.C., May 1, 2025 – MMJ BioPharma Cultivation announced that it will file for an emergency motion for injunctive relief in the U.S. District Court for the District of Rhode Island following a controversial ruling by a Drug Enforcement Administration (DEA) administrative law judge (ALJ) to vacate a previously granted stay, thereby green lighting a hearing before a DEA constitutionally flawed tribunal.

MMJ, which applied to register with the DEA to cultivate cannabis for research purposes, previously sued the DEA, alleging that the agency unlawfully delayed its application process for several years in violation of the Medical Marijuana and Cannabidiol Research Expansion Act, causing the company significant financial harm.

When the DEA issued an order for MMJ to show cause why its application should not be denied, MMJ requested an ALJ hearing process. However, the company reversed course and filed a lawsuit arguing that present constraints on the president’s power to remove DEA judges are unconstitutional following a Department of Justice statement in February suggesting just that.

The company’s forthcoming lawsuit for emergency injunctive relief will seek to block the DEA’s administrative hearing process, which MMJ contends violates the Supreme Court’s ruling in Axon Enterprise Inc. v. FTC and represents irreparable harm to its constitutional rights.

Axon and the Constitutional Crisis

The Axon decision, handed down by the U.S. Supreme Court in 2023, established that federal courts may hear structural constitutional challenges to administrative agencies without requiring parties to exhaust agency proceedings first. MMJ argues that the DEA’s internal administrative process—led by ALJs who are unconstitutionally insulated from presidential removal—defies this ruling.

“We are not just challenging policy; we are defending the Constitution,” said Duane Boise, CEO of MMJ BioPharma Cultivation. “The DEA cannot sidestep Supreme Court precedent and force us into a hearing that, by their own partial admission, is unconstitutional.”

From Delay to Damage

MMJ has been seeking DEA approval since 2018 to manufacture pharmaceutical-grade cannabis for Food and Drug Administration (FDA) clinical trials aimed at treating Huntington’s disease and multiple sclerosis.

Despite:

• Passing multiple DEA inspections;
• Receiving a DEA Schedule I analytical lab registration;
• Receiving FDA orphan drug designation; and
• Submitting investigational new drug (IND) applications …

MMJ has waited more than 2,300 days, well beyond the 60-day review period mandated by the Medical Marijuana and Cannabidiol Research Expansion Act.

Now, with the DEA insisting on proceeding with a hearing before an ALJ system MMJ contends is structurally unconstitutional, the company is seeking judicial intervention to prevent what it sees as an “illegal and biased process.”

Alleged Irreparable Harm

The emergency injunction will argue that forcing MMJ to participate in this proceeding now would cause:

• Immediate constitutional injury by subjecting it to a flawed adjudicatory process
• Loss of opportunity to obtain timely relief from a neutral Article III federal court
• Delays in delivering life-saving medicine to patients awaiting clinical trials

“This is a direct threat to the right of every American business to a fair process under the law,” Boise said. “We will not submit to an unconstitutional tribunal.”

What’s Next

MMJ’s legal team plans to file the emergency motion and accompanying complaint in the coming days. The action seeks:

• A preliminary and permanent injunction halting the DEA hearing
• A declaration that the DEA’s ALJ process violates the U.S. Constitution
• Expedited review under the precedent set in Axon

MMJ’s leadership emphasized that this fight is not just about one company but about accountability at the highest levels of government.

“We are going to federal court to say enough is enough,” Boise said. “It’s time the DEA follows the law—not rewrites it.”

Attorney Megan Sheehan represents MMJ.