DEA’s Delays in Marijuana Rescheduling Impact Patients

DEA's Delays in Marijuana Rescheduling Impact Patients

The Drug Enforcement Administration (DEA) faces serious accusations of intentionally obstructing the rescheduling of cannabis, as revealed by former White House Drug Czar Rahul Gupta. This internal resistance has become a significant barrier for companies like MMJ BioPharma Cultivation, which develops cannabinoid-based treatments for conditions such as Huntington’s disease and Multiple Sclerosis.

MMJ BioPharma has adhered to federal protocols for over seven years, submitting two Investigational New Drug (IND) applications that the FDA accepted, obtaining Orphan Drug Designation for its cannabinoid capsule, and receiving a Schedule I Analytical Laboratory registration. However, the DEA has not granted a Schedule I Bulk Manufacturing License necessary for clinical trials, resulting in a prolonged delay that has hindered the development of potentially life-saving treatments.

The DEA’s inaction appears to stem from bureaucratic obstruction rather than scientific or legal grounds. Despite being in compliance and undergoing several inspections, MMJ’s application remains stalled. DEA officials, including Deputy Assistant Administrator Thomas Prevoznik, have been accused of undermining the drug development process by ignoring scientific consensus and the directives of the Department of Justice (DOJ).

Gupta’s comments to The New York Times highlighted the DEA’s internal resistance to cannabis rescheduling, which has stalled efforts by the Biden administration, despite recommendations from the Department of Health and Human Services (HHS) and the FDA. Critics argue that the DEA’s hesitation raises questions about the medical value of cannabis, describing the situation as a rigged process that has parallels to MMJ BioPharma’s struggles.

Legal challenges further complicate the situation. The Supreme Court’s recent Axon ruling deemed the DEA’s Administrative Law Judge (ALJ) system unconstitutional, and the DOJ has indicated it will no longer defend these ALJ hearings. Nonetheless, MMJ’s case has been sent back into this discredited system, scheduled for a hearing on June 11, 2025. This situation showcases a defiance of legal norms and a failure to uphold the rule of law.

The impact of these delays extends beyond corporate interests; patients suffering from progressive neurological disorders are paying the price. MMJ’s cannabinoid therapies could provide much-needed relief, but the agency intended to facilitate medical research has instead become a significant obstacle. The DEA’s 2025 National Drug Threat Assessment indicates that cartel-backed operations are flourishing in legalized states, exploiting regulatory weaknesses. This irony has not gone unnoticed by MMJ’s CEO, Duane Boise, who criticized the DEA for blocking lawful drug development while allowing illegal operations to thrive.

In response to these issues, MMJ BioPharma is urging Congress to investigate the DEA’s conduct and for the DOJ to enforce its policies to halt illegal proceedings. They also call on DEA Administrator Nominee Terrance Cole to commit to ending this bureaucratic sabotage. Boise stated, “This is no longer about science or safety. It is about entrenched power, defiance of the law, and a complete abandonment of the public interest. Congress must act now.”

MMJ BioPharma is represented by attorney Megan Sheehan, who is working to navigate these complex legal challenges while advocating for the rights of patients awaiting access to potentially effective treatments.

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