MMJ BioPharma Suing DEA Over Cannabis Reform, Medical Research | Where to buy weed online

WASHINGTON – Sept. 10, 2024- PRESS RELEASE The lawsuit filed against Attorney General Merrick G. Garland, Drug Enforcement Administration Administrator Anne Milgram and a DEA Administrative Law Judge (ALJ) by MMJ BioPharma Cultivation is intensifying. Both sides have made significant legal arguments. MMJ BioPharma focuses its main grievances on the DEA’s alleged delays in approving marijuana research applications The cultivation of medicinal plants is crucial, especially for FDA-approved clinical studies targeting Huntington’s Disease and multiple sclerosis.

The key points of the MMJ BioPharma Cultivation Lawsuit

The DOJ’s and DEA Defense:

The Department of Justice and DEA have responded to this with several arguments. MMJ BioPharma has made many claims that are intended to delay the process.

1. Lack of subject-Matter Jurisdiction:
   The DOJ argues the court does not have jurisdiction to decide on MMJ BioPharma’s application, because the DEA still hasn’t made a decision. The DOJ argues that the case isn’t ready for judicial review until the DEA has made a final decision.
2. Public Interest and Sufficient Allegations:
   The DOJ claims MMJ BioPharma has failed to prove that granting registration would be in public interest. The DEA claims that registrations can only be approved if they are determined to be in public interest. MMJ BioPharma is yet to meet this standard.
3. Constitutional Protections for ALJs:
   The DOJ defends constitutionality by stating that ALJs make only recommendations and the DEA administrator makes the final decision. They claim that MMJ BioPharma did not show any harm caused by ALJ protections removal and therefore the process does no infringe their rights.
4. Regulatory Necessity and Control of Substances:
   The DOJ, DEA and DEA claim that the CSA justifies delays and strict controls because marijuana is still a Schedule I drug. They claim that these controls are needed to regulate potentially harmful substances and that their actions are within their legal authority.

MMJ BioPharma: Counterarguments & Broader Implications

MMJ BioPharma counters by stating that it has met all requirements for registration. It has filed two INDs at the FDA and is preparing for clinical trials. The company claims that the DEA delays are unjustified and describes the process as a ‘kangaroo-court’ that undermines legitimate research. MMJ BioPharma is of the opinion that Milgram’s personal bias contributes to the harm caused to patients who could benefit from marijuana-based treatments.

The implications of this case go beyond MMJ BioPharma’s immediate interests. If the lawsuit is successful, it could set a precedent for how the DEA, and other federal agencies, handle administrative procedures. This would be especially true of those related to cannabis-related research. It could also force a re-evaluation of DEA practices regarding the regulation and approval Schedule I substances. This would influence future rescheduling proceedings.

The Biden-Harris administration has been criticized for its marijuana policy

The ongoing legal battle between MMJ BioPharma Cultivation (MMJ BioPharma) and the DEA is poised for a pivotal moment when it comes to federal cannabis policy. MMJ BioPharma has the right to conduct vital pharmaceutical studies, but there are also broader issues surrounding the constitutionality and regulatory delays of the DEA, as well as the future role of federal agencies for medical cannabis research.

MMJ BioPharma has been represented by Attorney Megan Sheahan and Associates.

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