What is the Best Way to Get Marijuana Legalized, Suing the DEA or Waiting for Rescheduling?

The article on Cannabis.net called, “Suing the DEA to get Weed Legalized – How the DEA Rigged the Game for the Past 54 Years” got an interesting conversation started on social media.  To whit, what is the best result for the cannabis industry in both the Biden rescheduling process, or a court judge ruling in favor of Rhode Island-based MMJ BioPharma Cultivation as they sue the DEA for legalization?

If you haven’t read up on the case, lets go over their story.

Rhode Island-based cannabis company MMJ BioPharma Cultivation Inc. has complained to the Drug Enforcement Administration, alleging an unconstitutional administrative proceeding before a DEA Administrative Law Judge (ALJ).

The firm’s legal representatives, Megan Sheehan and Associates, discovered that DEA Director Anne Milgram unlawfully appointed Administrative Law Judge Teresa Wallbaum to preside over the case. In response, they have filed for relief seeking an order to halt what they deem unconstitutional actions.

In August of last year, MMJ initiated a petition for a writ of mandamus in the U.S. Court of Appeals for the District of Columbia Circuit regarding a bulk manufacturing application submitted nearly six years prior but never processed. MMJ’s president and founder, Duane Boise, has stated that this lack of action directly contradicts the Controlled Substances Act, adversely affecting MMJ and disregarding its efforts to assist individuals suffering from Huntington’s Disease and Multiple Sclerosis through clinical research.

In the complaint filed on Thursday in the U.S. District Court for the District of Rhode Island, MMJ contends that it would suffer “irreparable harm” under such an unconstitutional proceeding. The company asserts that the DEA ALJ’s appointment violates the Appointments Clause of Article II, Section 2, of the Constitution and lacks accountability to the President, contravening the Take Care Clause of Article II, Section 3.

Boise emphasized, “There’s a unanimous acknowledgement of the necessity for drugs to address these neurological conditions – Congress, the FDA, the DEA, medical professionals, parent associations – all echo the same sentiment. Yet, we find ourselves facing arbitrary actions from an administrative agency targeting a law-abiding company producing marijuana soft gelatin capsules to alleviate patient suffering.”

“This is sheer madness,” he continued. “Somebody needs to intervene.”

Furthermore, the complaint notes that the U.S. Supreme Court has ruled that an ALJ appointment process nearly identical to the DEA’s is unconstitutional.

According to the document, “It is believed that the DEA ALJ overseeing MMJ’s administrative hearing was chosen from a pool of candidates provided by the White House Office of Personnel Management (OPM) and appointed by the DEA Administrator upon recommendation from the DEA’s Chief ALJ.”

Heartless Acts Impacting Patients

Duane Boise, President and founder of MMJ BioPharma Cultivation Inc., expressed deep frustration with the Drug Enforcement Administration’s obstructive behaviour towards the advancement of medical marijuana research. According to Boise, despite the growing consensus on the need for more effective treatments for neurological disorders, MMJ has encountered significant barriers imposed by the DEA, which he describes as heartless due to their lack of responsiveness and apparent disregard for patient well-being. His remarks underscore a desperate need for a change in approach, highlighting how bureaucratic hurdles are not just administrative challenges but have real, harmful effects on patients who could benefit from new therapies.

Many people believe that the obstacles to research and development are a component of a more widespread systemic problem with the legal frameworks that manage drugs that are considered prohibited in the US. Researchers and supporters alike have criticized the DEA for its tardy and sometimes unresponsive treatment of valid requests for cannabis research. Drug development has been severely hampered as a result, thereby depriving patients of timely access to essential treatments that might relieve the symptoms of severe and chronic diseases including Huntington’s disease and multiple sclerosis.

Boise’s claims are further supported by a wider chorus of voices from various sectors including healthcare professionals, lawmakers, and patient advocacy groups, all of whom have recognized the potential benefits of cannabis-based treatments. The collective call for reform highlights a critical disconnect between federal regulatory actions and the evolving understanding and acceptance of cannabis’s medical value. The consensus points to a need for regulatory bodies to adapt and respond more effectively to emerging medical research and public health priorities.

Tim Moynahan, the company’s chair and legal counsel, reinforced Boise’s position by advocating for a dual approach: challenging the constitutionality of the DEA’s current practices while also providing clear suggestions for improvements. Moynahan’s strategy aims to not only address the immediate legal concerns but also guide the DEA towards a more transparent and accountable process. His proactive stance signals a growing impatience among stakeholders who are ready to push for substantial changes, emphasizing that the DEA should take swift action to rectify the flaws in its system, especially given the critical nature of the drugs MMJ is developing for patients with debilitating neurological diseases.

Urgent Call for Legal and Regulatory Reform

MMJ BioPharma Cultivation Inc.’s action against the DEA acts as a catalyst for a thorough review of the legal and regulatory impediments to medicinal marijuana research. The instance emphasizes the urgent need for fundamental reforms that prioritize patient well-being and scientific development. By contesting the constitutionality of the DEA’s actions, MMJ seeks justice for itself while simultaneously advocating for structural improvements that might benefit the whole medical cannabis business.

The antiquated and burdensome regulatory environment that now surrounds marijuana research is preventing the development of potentially transformative therapies for people who require them. The DEA’s burdensome bureaucracy and strict rules cause needless delays and barriers for scientists and businesses like MMJ that are working to commercialize novel cures. Reforms must be implemented immediately to expedite the licensing process, encourage cooperation between regulatory bodies and researchers, and guarantee that patients with life-threatening illnesses have prompt access to safe and efficient medical cannabis products.

Legislators, medical experts, and advocacy organizations are calling for further legislative and regulatory measures to support medical marijuana access and research in reaction to the legal challenge against the drug. This increasing momentum indicates a wider understanding of the value of cannabis medicines based on scientific evidence in meeting the unmet medical needs of millions of people throughout the globe. Stakeholders from a variety of industries are banding together while the legal struggle plays out to advocate for changes that will protect patient rights, encourage scientific advancement, and remove obstacles to the advancement of medical marijuana research and development.

If MMJ wins the lawsuit, there is a route that could remove marijuana from the CSA and make medical cannabis a legal substance in America.  While rescheduling is better than nothing, the true goal of the industry should be to remove all criminal stigma around the plant and push for a full descheduling.  That would also create an efficient marketplace for the plant, allowing for interstate commerece, removal of the 280E tax code around the plant, and easier access for patients in all states.

 Bottom Line

MMJ BioPharma Cultivation Inc.’s legal battle against the DEA exposes deep-seated issues within the regulatory framework governing medical marijuana research. Their lawsuit not only seeks justice for their grievances but also serves as a rallying cry for broader reforms to facilitate scientific advancement and patient access to cannabis-based therapies. Urgent action is needed to overhaul outdated regulations, streamline bureaucratic processes, and prioritize patient welfare. As stakeholders unite in support of MMJ’s cause, the fight for reform gains momentum, promising a brighter future for medical marijuana research and the millions of patients who stand to benefit from its innovations.

MORE ON MMJ BIOFARMA’S LAWSUIT, READ ON…

SUING THE DEA TO MAKE WEED LEGAL, DOES IT HAVE A SHOT?

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• Source: http://cannabis.net/blog/news/what-is-the-best-way-to-get-marijuana-legalized-suing-the-dea-or-waiting-for-rescheduling