Arizona Tribune - DEA’s Marijuana Legal Blunder and Loss: MMJ Serves Up an April Fools ‘Gift’ a Gut Punch LawSuit for Irreparable Harm

WASHINGTON, DC / ACCESS Newswire / April 1, 2025 / In a twist that even the most jaded D.C. insiders are calling "poetic justice," cannabis research giant MMJ International Holdings, MMJ BioPharma Cultivation and MMJ BioPharma Labs has delivered an April Fools' Day gut-punch to the Drug Enforcement Administration (DEA). Fresh off the DOJ's stunning admission that the DEA's administrative law judge (ALJ) system is unconstitutional, MMJ filed a suit for irreparable "unconstitutional harm" today, effectively demanding the courts declare the DEA's bureaucracy a legal dumpster fire.

But wait-is this really a prank? For the DEA's Diversion Control Division, Thomas Prevoznik and Matthew Strait who are long accused of slow-walking MMJ's API Bulk Manufacturing (growing Pharmaceutical cannabis) and cannabis research applications, the answer is a resounding no.

The DEA's Self-Inflicted April Fools' Marijuana Joke

The saga began in 2018 when MMJ BioPharma Cultivation first applied to grow pharmaceutical marijuana for use in FDA approved clinical trials. Fast forward through the DEA slow walk to 2024, when MMJ sued the DEA, arguing its ALJ system violated the Appointments Clause (Article II of the Constitution). The DEA, ever the stubborn regulator, fought back-until February 27, 2025, when the DOJ abruptly reversed course. In a legal mea culpa, the DOJ admitted that DEA ALJs enjoy unconstitutional job protections under 5 U.S.C. § 7521, shielding them from presidential oversight.

Translation: The DEA's entire enforcement apparatus is built on a house of constitutional cards.

MMJ's response? File Another lawsuit claiming "unconstitutional harm" so cutting it might as well have been wrapped in hemp paper and labeled "April Fools' Gift to DEA Diversion."

What is Unconstitutional Harm

"Unconstitutional harm" bridges constitutional law and real-world consequences. It ensures the government is held accountable when its actions violate rights or structural principles, even if the harm is procedural or abstract. In MMJ's case, the DEA's flawed ALJ system-not just its delays-is the harm, making it a textbook example of this concept.

Key Excerpts from MMJ's Suit: A Roast in Legal Form

1. "DEA -COURT Agrees with MMJ (But DEA Wants to Play Dead)"
   The DOJ now concedes the ALJ system is unconstitutional but argues MMJ hasn't suffered harm. MMJ's rebuttal? Axon Enterprise, Inc. v. FTC (2023), where SCOTUS ruled that simply being subjected to an unconstitutional proceeding is harm enough. As MMJ dryly notes: "Being forced to participate in a rigged game isn't just unfair-it's illegal."

2. "DEA Leadership Musical Chairs"
   The suit also highlights the DEA's revolving door: Acting Administrator Derek S. Maltz replaced Anne Milgram (who resigned amid the agency's "swamp draining"), and the DOJ swapped in a new Attorney General. MMJ's subtext: "Your chaos isn't our problem-it's "another lawsuit."

Why This Feels Like an April Fools' Prank

• The DOJ's Flip-Flop: After years of defending the DEA's delays, the DOJ's sudden constitutional crisis admission reads like a prank-except MMJ isn't laughing.

• Timing: MMJ filed its suit on April 1, a cheeky nod to the DEA's clown-car governance.

• Poetic Justice: The DEA's Diversion Control Division, led by embattled officials like Thomas Prevoznik and Matthew Strait (now facing termination rumors), now risks being "diverted" into irrelevance.

What's Next?

When the Federal Court rules on MMJ's suit, the DEA will face:

• A judicial order dismantling its ALJ system.

• Expedited approval of MMJ's cannabis growing and research applications (pending since 2018).

• A domino effect, gutting DEA authority over medical cannabis.

For the DEA, the joke's on them-and MMJ's legal team is doubling down. As Duane Boise MMJ's CEO quipped: "We'd send them a 'Sorry For Your Loss' card, but we're too busy preparing for clinical trials."

Final Thought: This April Fools' Day, the DEA Diversion isn't just the punchline-it's the entire joke.

Disclaimer: This article blends factual legal analysis with satire. No DEA officials were harmed in the writing of this piece (though their reputations may need ice packs).

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

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