Duane Boise President of MMJ companies applauded the supreme court ruling saying "after years of DEA gross misconduct and blatant misinterpretation of marijuana research and development policy the Constitution still matters. Now the DEA will have to clean up their in-house kangaroo court system to allow a fair and impartial administrative law hearing".
WASHINGTON, DC / ACCESSWIRE / June 28, 2024 / In a groundbreaking decision, the Supreme Court has ruled in Jarkesy v. SEC that defendants are entitled to a jury trial under the Seventh Amendment when facing enforcement actions from federal agencies. This decision challenges the constitutionality of using administrative law judges (ALJs) in federal agencies like the DEA, suggesting that enforcement actions must be brought in federal court where defendants can have a jury trial. This ruling has significant implications for MMJ BioPharma Cultivation's ongoing legal battles with the DEA.
Key Points of the Jarkesy Ruling as Related to MMJ:
Seventh Amendment Right to Jury Trial: The ruling affirms that defendants have the right to a jury trial in enforcement actions by federal agencies.
Constitutionality of In-House Tribunals: The court found that using in-house tribunals for enforcement actions violates the Constitution.
Implications for ALJs: The decision challenges the authority and independence of ALJs in federal agencies, suggesting administrative actions should be heard in federal courts.
Failed DEA Marijuana Policy
Despite public assurances from the Biden administration, there has been little meaningful action on marijuana policy reform. The DEA's anti-marijuana stance continues to stymie research and development. With six approved DEA growers, none are currently cultivating marijuana for research, and the University of Mississippi remains the only source of marijuana for research purposes. MMJ BioPharma Cultivation has faced significant delays from the DEA in processing their application to cultivate strain-specific cannabis, impacting their research and development efforts.
Statements from MMJ BioPharma Cultivation
Duane Boise, President of MMJ BioPharma Cultivation, applauded the Supreme Court ruling, stating, "After years of DEA gross misconduct and blatantly unconstitutional actions interpreting policy to benefit their anti-marijuana sentiment, the United States Supreme Court ruled and the Constitution still matters."
Tim Moynahan, Attorney and Chairman of MMJ BioPharma Cultivation, emphasized the critical need for MMJ to complete its research to help patients suffering from Multiple Sclerosis and Huntington's Disease. He hopes that challenging the constitutionality of the DEA's actions will lead to a resolution.
Moving Forward
The Supreme Court ruling in Jarkesy v. SEC significantly constrains the power of federal agencies to use in-house administrative proceedings for enforcement actions, which will positively impact MMJ BioPharma Cultivation's case against the DEA. By challenging the use of ALJs and insisting on a jury trial in federal court, MMJ BioPharma Cultivation will find a more favorable legal pathway in obtaining their Bulk Manufacturing registration to grow pharmaceutical cannabis.
MMJ BioPharma Cultivation's case will become a landmark case in shaping how the DEA interprets regulations and handle disputes, potentially leading to more transparent and constitutionally sound procedures. The outcomes of these legal battles and the forthcoming Supreme Court decisions will be pivotal in shaping the future of pharmaceutical cannabis research and ensuring patients have access to new treatments.
MMJ is represented by Attorney Megan Sheehan and associates.
CONTACT:
Madison Hisey
media@mmjih.com
203-231-8583
SOURCE: MMJ International Holdings
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