Marijuana Rescheduling DEA Judge Violates the Constitution? DEA Is Holding a ALJ Hearing Next Week

The June 29 Marijuana Rescheduling Hearing Risks Being Built on a Legal Foundation the Federal Government Has Already Conceded Is Defective says Duane Boise CEO MMJ International Holdings.

WASHINGTON, D.C. / ACCESS Newswire / June 22, 2026 / MMJ International Holdings, together with its subsidiaries MMJ BioPharma Cultivation, Inc. and MMJ BioPharma Labs, Inc. (collectively, "MMJ"), is asking a simple question ahead of the Drug Enforcement Administration's June 29 marijuana rescheduling hearing:

If the Department of Justice has already acknowledged a constitutional defect in the Administrative Law Judge system, why is DEA proceeding as though the problem does not exist?

The question arises from a February 27, 2025 filing in federal court in which the Department of Justice informed the U.S. District Court for the District of Rhode Island that the Acting Solicitor General had determined that the multiple layers of removal protections applicable to Administrative Law Judges "do not comport with the separation of powers and Article II" of the U.S. Constitution.

The constitutional concerns raised by MMJ International Holdings are consistent with a series of recent Supreme Court decisions, including Axon Enterprise v. FTC and SEC v. Jarkesy, which have emphasized the importance of Article II accountability and constitutional protections in administrative proceedings.

Despite that position, DEA intends to move forward with a hearing that could shape the future of federal marijuana policy, determine the administrative record supporting cannabis rescheduling, and affect billions of dollars in economic interests across the United States.

"MMJ did not create this constitutional issue," said Duane Boise, CEO of MMJ International Holdings. "The federal government identified it. The Department of Justice acknowledged it. The question now is why DEA believes it can proceed with one of the most consequential regulatory hearings in modern cannabis history without first resolving the constitutional concerns its own lawyers have already recognized."

The company's position is not based on opposition to scientific research, cannabinoid medicines, or lawful reform. MMJ has spent more than eight years pursuing the federal pathway for cannabis-based medicines through the U.S. Food and Drug Administration, obtaining Investigational New Drug authorizations, conducting extensive pharmaceutical development, securing orphan drug designation, and maintaining federal DEA registrations in support of research.

According to MMJ, the issue is not whether marijuana policy should evolve, but whether the government can lawfully conduct a proceeding after conceding that the adjudicative structure used to oversee that proceeding raises serious constitutional concerns.

"The rule of law cannot be optional," Boise said. "If constitutional safeguards matter, they must apply equally when the issue is cannabis. Regulatory certainty cannot be built on constitutional uncertainty."

MMJ notes that supporters and opponents of rescheduling alike have invested significant resources in the June 29 hearing. Yet if the underlying process is later found to be constitutionally defective, the resulting administrative record and any final action could face additional legal challenges, creating even greater uncertainty for patients, researchers, investors, state operators, and pharmaceutical developers.

The company believes the broader cannabis industry should be asking the same question:

Why is the government moving forward with a hearing structure that its own legal position has called into question?

"This is not about delaying reform," Boise added. "It is about ensuring that whatever reform occurs is durable, lawful, and capable of surviving judicial review. The cannabis industry deserves certainty. Patients deserve certainty. Investors deserve certainty. That certainty begins with a process that complies with the Constitution."

As litigation surrounding marijuana rescheduling continues in the U.S. Court of Appeals for the District of Columbia Circuit and related proceedings advance elsewhere, MMJ says the constitutional questions surrounding the DEA hearing process can no longer be ignored.

About MMJ International Holdings

MMJ International Holdings, through its wholly owned subsidiaries MMJ BioPharma Cultivation, Inc. and MMJ BioPharma Labs, Inc., is a pharmaceutical company focused on the development of cannabinoid-derived medicines for Huntington's disease, multiple sclerosis, and other serious neurological disorders. The company has pursued FDA-regulated clinical development pathways and maintains federal regulatory authorizations supporting its research programs.

CONTACT:
Madison Hisey
[email protected]
203-231-8583

Forward-Looking Statements

This press release contains forward-looking statements that involve risks and uncertainties. Actual results may differ materially from those expressed or implied. Readers should not place undue reliance on forward-looking statements, which speak only as of the date of this release.

SOURCE: MMJ International Holdings