WASHINGTON, DC / ACCESS Newswire / November 7, 2025 /
After the Department of Justice (DOJ) formally conceded in September that the Drug Enforcement Administration's (DEA) internal court system was unconstitutional, the long-running case of MMJ BioPharma Cultivation has become a defining test of whether the federal government will finally align law enforcement with lawful policy and medical science.
The Constitutional Collapse: DOJ Admits DEA's In-House Courts Were Illegal
The DOJ's reversal on Administrative Law Judge (ALJ) protections under 5 U.S.C. ยง7521 validated MMJ's central argument: the DEA's system of internal tribunals violated Article II of the U.S. Constitution by insulating agency judges from presidential oversight.
In its admission, DOJ cited Supreme Court precedents including Axon v. FTC (2023) and Jarkesy v. SEC (2024), which declared that agencies cannot act as prosecutor, judge, and jury within their own bureaucracies.
"MMJ was the first to call out the DEA's unconstitutional process," said Duane Boise, President & CEO of MMJ BioPharma Cultivation. "Now the DOJ has confirmed it. The question is no longer about legality - it's about leadership."
Seven Years of Delay: A Human and Scientific Cost
The Medical Marijuana and Cannabidiol Research Expansion Act of 2022 mandates a 60-day DEA review, but the agency has failed to act.
During that same period, illegal state-market operators have thrived while patients have waited for legitimate, standardized therapies.
"Every day of delay is another life lost to bureaucratic indifference," Boise said. "The DEA's obstruction has become cruelty disguised as process."
Patients as Collateral Damage: Why This Moment Matters
In mid 2025, a phase 2 stage clinical trial for the Huntington's disease drug SAGE-718 was terminated after failing to meet endpoints - leaving no effective treatment on the horizon.
The urgency has never been greater.
This setback has magnified the importance of MMJ's cannabinoid-based softgel capsules, designed for controlled dosing and manufactured under Good Manufacturing Practice (GMP) standards.
"Patients with Huntington's and MULTIPLE SCLEROSIS are running out of time," Boise noted. "MMJ has the data, the FDA pathway, and the facilities - the only thing missing is the DEA's signature."
The War Within the DEA: A Legacy of Delay and Denial
New DEA Administrator Terrance "Terry" Cole inherited an agency still shadowed by scandal. Under former Administrator Anne Milgram, the DEA's Diversion Division became synonymous with dysfunction - obstructing legitimate research while rewarding insiders.
Haig, who defended the DEA in court, was found to be not in good standing with the New Jersey Bar, while Strait imposed the now-discredited "bona fide supply agreement" requirement that trapped researchers in regulatory limbo.
"Terry Cole has an opportunity to lead the DEA out of its own swamp," Boise said. "But that means cleaning house - not protecting those who built the obstruction machine."
The President's Moment of Truth: Reform or Regression
President Trump's "Operation Sovereign Nation" has successfully targeted fentanyl traffickers and cartel-backed grow operations - proving that law enforcement can protect the public when properly directed.
Now, the President faces the challenge of extending that same energy to scientific reform.
His administration's broader regulatory overhaul, which drove DOJ's constitutional concession on agency tribunals, provides both the legal and political foundation to act decisively.
"The Supreme Court gave the roadmap, and the DOJ confirmed the breach," Boise said. "Now it's the President's move. He can either end the DEA's war on science or let the bureaucracy define his legacy."
The Path Forward: Three Immediate Actions
Direct the DEA to approve MMJ BioPharma Cultivation's license under the 60-day statutory mandate.
Create a dedicated DEA division for medical research, separating science from criminal enforcement.
Mandate DOJ oversight to ensure all cannabis related applications comply with the Constitution and due process.
The Legacy Question: Science or Stagnation
History will judge whether this administration ends the seven-year blockade on federally compliant medicine - or allows the same bureaucratic culture that strangled innovation to persist.
MMJ BioPharma's fight has already rewritten constitutional law. Now it seeks to do the same for medical science.
"This is more than an application," Boise concluded. "It's a test of whether America believes in science, compassion, and justice - or in endless delay. The President's decision will define that legacy."
About MMJ BioPharma Cultivation
MMJ BioPharma Cultivation, a subsidiary of MMJ International Holdings, develops pharmaceutical grade cannabinoid formulations for FDA regulated clinical trials targeting Huntington's Disease and Multiple Sclerosis.
The company holds Orphan Drug Designations, multiple FDA IND filings, and operates MMJ BioPharma Labs, a DEA licensed Schedule I analytical research facility.
MMJ is represented by attorney Megan Sheehan.
CONTACT:
Madison Hisey
MHisey@mmjih.com
203-231-85832
SOURCE: MMJ International Holdings
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