Message to President Trump’s Appointee: Terrance Cole Must Act on Cannabis Scientific Reform.

“Mr. Cole has a historic opportunity to lead with integrity, science, and constitutional fidelity,” said Boise. “He must put an end to this unlawful administrative hearing, root out DEA institutional marijuana bias, and restore lawful science-based regulatory practices.”

WASHINGTON, DC / ACCESS Newswire / May 4, 2025 / MMJ BioPharma Cultivation announced it will file an emergency motion and lawsuit in the U.S. District Court for the District of Rhode Island following a controversial ruling by DEA Administrative Law Judge (ALJ) Teresa Wallbaum. Judge Wallbaum recently issued a ruling to vacate a previously granted stay-clearing the path for a DEA ALJ hearing before what MMJ asserts is a constitutionally defective tribunal. Judge Wallbaum retired immediately after issuing the ruling.

The company’s forthcoming legal action seeks to block the DEA’s internal administrative hearing process, which MMJ argues violates the Supreme Court’s landmark ruling in Axon Enterprise, Inc. v. FTC, and inflicts irreparable harm on its constitutional rights and medical mission.

MMJ Direct Challenge to DEA Overreach

The Axon decision, issued by the Supreme Court in 2023, affirmed that entities subject to unconstitutional agency proceedings can challenge them in federal court before being forced through the flawed administrative process. MMJ contends that the DEA’s ALJ system, where judges are insulated from presidential oversight, runs afoul of Article II of the Constitution.

“We are not just challenging DEA policy; we are defending the rule of law,” said Duane Boise, CEO of MMJ BioPharma Cultivation. “The DEA cannot ignore Supreme Court precedent and funnel applicants into hearings that are constitutionally invalid.”

From Regulatory Delay to Constitutional Injury

MMJ’s application to grow pharmaceutical-grade marijuana for FDA-sanctioned clinical trials was filed in 2018. Since then, the company has:

• Built and passed inspection of a DEA-compliant facility

• Received a DEA Schedule I analytical registration

• Filed two FDA Investigational New Drug (IND) applications

• Been awarded FDA Orphan Drug Designation for Huntington’s Disease

Despite these milestones and the 60-day processing deadline set by the Medical Marijuana and Cannabidiol Research Expansion Act (MCREA), MMJ has waited over 2,300 days.

“The damage done by these delays is not just procedural-it’s personal,” Boise added. “Patients living with Huntington’s and MS deserve answers and access, not bureaucratic purgatory.”