New Federal Lawsuit DEA Review Process Is Unconstitutional

MMJ BioPharma Cultivation Inc. has previously taken legal action against the feds

In a new federal lawsuit filed against the leaders of the Department of Justice (DOJ) and the Drug Enforcement Administration (DEA), a Rhode Island cannabis company is asking the court to prevent an administrative law judge for the agency from reviewing the firm’s application to manufacture marijuana for research purposes, calling the matter “an unconstitutional proceeding led by an unconstitutional decisionmaker.”

MMJ BioPharma Cultivation Inc. has previously taken legal action against the federal government, filing a petition for a writ of mandamus last year in the U.S. Court of Appeals for the D.C. Circuit that alleged DEA’s yearslong licensing application process has hamstrung the company’s business and stymied innovation that could benefit patients.

The company says it applied to legally grow marijuana for research and development purposes back in 2018, aiming to produce medicine for clinical trials focused on treatment of multiple sclerosis and Huntington’s disease, but so far it’s been unable to secure the necessary approvals.

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