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Lawyers representing a cannabis biopharmaceutical group and applicants for federal cannabis cultivation licenses filed a petition in court today, arguing that the Drug Enforcement Administration (DEA) is taking too long to make a decision on its application.
The petition, filed in U.S. District Court of Rhode Island by Megan Sheehan of Sheehan and Associates, requests a “Writ of Execution,” or order from a court to a lower government official to properly perform official duties or correct an error . Abuse of discretion. The document also contains a complaint of declaratory and injunctive relief.
MMJ BioPharma Cultivation (MMJBC), MMJ International Holdings (MMJIH), and MMJ BioPharma Labs (MMJBL) filed petitions through Sheehan asking the court to direct the DEA to rule on the status of their Schedule 1 applications for bulk registration and import registration.
MMJ BioPharma Labs argued that the DEA violated federal laws and regulations on controlled substances by failing to make a decision on the company’s manufacturing application.
The company further seeks “declarative and injunctive relief” for DEA’s violation of the Administrative Procedure Act (APA) for “unreasonable delay in determining the outcome of its cannabis manufacturing and import clinical trial registration application.” ”
Before, Dr. Sue Sisley of Scottsdale Institute successfully sues DEA Obtain a federal cultivation license for medical marijuana research purposes. MMJ Biopharma Cultivation is close behind.
MMJBC executives spoke exclusively to Cannabis and Tech Today about their frustrations with the long DEA process.
Dr. Elio Mariani, CEO of MMJ triumvirate and a career pharmacy expert for over 40 years, said: “We will address this unnecessary delay once and for all. Sadly, we have to take this action.”
Mr. Duane Boise, president of the MMJ Corporation, insists he has thoroughly investigated how the DEA issued registrations to other applicants.
“Needless to say, they’re not applying the same approval standards consistently across the country,” Boise said.
Boise insists that the DEA has missed its own deadline.
“I’m completely bewildered by the DEA’s unreasonable delays. It’s a complete dereliction of duty to MMJ, which has gone into excruciating detail to meet the demands of the law,” said Tim Timothy, chairman of the board of directors of a trio of corporate and practicing attorneys for over 50 years. Tim Moynahan said.
“This duty applies to all applicants and requires basic fairness and equal protection of the law. The denial of these principles to the MMJ creates a series of questionable conduct on the part of the DEA that violates the rights of all citizens,” Moynahan continued.
Cannabis and Tech Today Talk to a representative from the DEA State Office, who declined to comment publicly when asked why some applications were processed but not the MMJBC. The agent suggested contacting the local field office for clarification; however, DEA representatives in Rhode Island and Boston could not be reached for comment.
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