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DEA's Marijuana Rescheduling Administrative Law Sham: Unaccountable Judges, Rigged Trials

Whether it involves the DEA's much-publicized marijuana rescheduling efforts or MMJ BioPharma's lawful pursuit of a federal registration to conduct FDA-authorized clinical trials, one immovable obstacle remains: the DEA's constitutionally defective administrative adjudication system. Presided over by Chief Administrative Law Judge John J. Mulrooney II, this internal tribunal-often referred to as a "kangaroo court"-violates foundational principles of due process and Article II of the U.S. Constitution.

WASHINGTON, DC / ACCESS Newswire / July 23, 2025 / As the Drug Enforcement Administration (DEA) continues to obstruct pharmaceutical cannabis research, a far deeper scandal is unfolding beneath the surface-the DEA's administrative court system is unconstitutional, unaccountable, and designed to ensure predetermined denials. And the Department of Justice now admits it.

The same in house judges who have blocked MMJ BioPharma Cultivation's efforts to develop FDA approved cannabis medicines are now part of a legal structure that violates Article II of the U.S. Constitution-a fact the Department of Justice (DOJ) itself has conceded in federal court.

This isn't just a legal technicality. This is a systemic fraud on the rule of law.

DOJ: DEA's ALJ System Is Constitutionally Defective

In February 2025, the DOJ publicly withdrew its defense of the constitutionality of Administrative Law Judges (ALJs) across multiple agencies-including the DEA, SEC, FDIC, and FAA. Why? Because these judges are shielded from presidential removal by multiple layers of tenure protection, violating Article II of the Constitution and Supreme Court precedent in Free Enterprise Fund v. PCAOB and Axon Enterprise v. FTC.

In plain English: the President cannot remove the very people handing down decisions that shape national drug policy, including whether companies like MMJ can conduct FDA-sanctioned trials for debilitating diseases like Huntington's and MS.

And yet the DEA continues to use this broken, biased system to destroy legitimate applications like MMJ's-while publicly pretending its "court" is neutral.

MMJ's Case: A Constitutional Train Wreck

MMJ BioPharma Cultivation, a federally compliant biopharma company, has been trapped in the DEA's administrative purgatory for nearly seven years, denied its registration despite having:

  • Two FDA-authorized clinical trials

  • Full compliance with federal pharmaceutical manufacturing regulations

  • International partners (Bedrocan and Ceban) ready to supply and distribute medicine to patients

And who made the latest rulings? Chief ALJ John J. Mulrooney II, who took over the case from Judge Teresa Wallbaum following her retirement-an ALJ shielded from removal, protected by the very unconstitutional tenure scheme now under nationwide legal assault.

Even worse, MMJ never even received a proper copy of a crucial ALJ order-the DEA sent the file in a corrupt .FIN format. Meanwhile, the government filed a motion to respond to MMJ's legal exceptions with no notice and during a pending status conference, leaving the company blindsided.

This is not justice. It is the weaponization of bureaucracy to crush science and protect a broken monopoly.

Home-Court Bias: The DEA Always Wins

Let's be clear: DEA ALJs are not neutral judges. They are agency employees, sitting inside an enforcement body, ruling on the agency's own denials.

Here's how it works:

  • DEA investigators deny your registration.

  • DEA lawyers prosecute your case.

  • DEA ALJs judge the case.

  • And then the DEA Administrator-also part of the agency-makes the final decision.

In MMJ's case, the DEA used retroactive rules, impossible standards, and biased judges to deny its application. The ALJs disregarded:

  • MMJ's good-faith efforts to comply

  • Evidence of no diversion risk

  • The overwhelming public interest in advancing therapies for deadly diseases

Instead, the DEA invoked a bogus "Bona Fide Supply Agreement" requirement-created after MMJ applied and impossible to meet without DEA approval. It's a regulatory Catch-22, weaponized to delay or deny applications indefinitely.

The Real Stakes: Blocking a Cure to Preserve Control

Every day MMJ's research is delayed, patients suffer. There is no FDA-approved cannabinoid medicine for Huntington's Disease. The DEA's own obstruction is denying hope to families facing neurological decline and death.

Meanwhile, the DEA allows contaminated cannabis to poison Americans, as in Massachusetts, where a testing lab was just suspended for intentionally concealing mold and yeast contamination-a public health disaster the DEA completely ignored.

The agency's mission is to "prevent diversion and ensure an adequate supply" of controlled substances for medical needs. Instead, it has:

  • Enabled stock fraud through fake registrants like Bright Green

  • Refused to investigate contamination scandals

  • Blocked federally compliant companies from saving lives

This is a national disgrace.

DEMAND ACTION: Dismantle the DEA's Illegal Court

We demand:

  1. Immediate shutdown of the DEA's unconstitutional ALJ system.

  2. MMJ BioPharma's case be heard in a real Article III federal court.

  3. Congressional investigation into Thomas Prevoznik, Matthew Strait (ret.), and Aarathi Haig for perpetuating a rigged process that violates due process and Article II.

Final Word

This isn't just MMJ's fight. This is every American's fight for medical innovation, constitutional rights, and government accountability.

The DEA's internal court isn't just broken-it's illegal.

And it must be dismantled before another patient dies waiting.

MMJ is represented by attorney Megan Sheehan.

CONTACT:
Madison Hisey
MHisey@mmjih.com
203-231-8583

SOURCE: MMJ International Holdings



View the original press release on ACCESS Newswire