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Hemp Yourself > Blog > Business > DOJ’s Marijuana Rescheduling Court Filing Sends a Dangerous Message | Business/Consumer
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DOJ’s Marijuana Rescheduling Court Filing Sends a Dangerous Message | Business/Consumer

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Last updated: July 3, 2026 2:04 pm
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DOJ’s Marijuana Rescheduling Court Filing Sends a Dangerous Message | Business/Consumer
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MMJ International Holdings Challenges DOJ Over Regulatory Fairness in Cannabinoid Drug Development

In a filing dated July 3, 2026, MMJ International Holdings, Inc. (MMJIH) and its subsidiaries MMJ BioPharma Cultivation, Inc. and MMJ BioPharma Labs, Inc. publicly rebuked the U.S. Department of Justice (DOJ) after the agency submitted a brief before the U.S. Court of Appeals for the District of Columbia Circuit. The company argues that the DOJ’s position undermines decades‑old federal drug policy by suggesting that adherence to the Controlled Substances Act (CSA) and FDA oversight creates a competitive disadvantage for legitimate pharmaceutical developers.

The Legal Dispute: Attorney General Order No. 6754‑2026

The controversy centers on Attorney General Order No. 6754‑2026, which the DOJ defends as a lawful exercise of authority. In its brief, the DOJ claims that MMJ’s interests—and those of the National Drug and Alcohol Screening Association (NDASA)—fall outside the scope of the CSA because MMJ has not yet brought an FDA‑approved product to market and because workplace drug testing is not a primary concern of federal drug statutes.

MMJ counters that this interpretation contradicts the CSA’s stated purpose of protecting public health, scientific integrity, and public safety. The company notes that it has followed the exact pathway Congress established: securing FDA Investigational New Drug (IND) applications, complying with DEA regulations, and investing substantial resources into clinical research for cannabinoid‑based treatments of Huntington’s disease and multiple sclerosis.

Experience and Expertise Behind MMJ’s Position

MMJ International Holdings brings more than eight years of direct experience navigating the federal drug development process. The company holds two active IND applications, an Orphan Drug Designation for its Huntington’s disease program, and a DEA Schedule I analytical laboratory registration. Since 2018, MMJ has pursued a DEA bulk manufacturing registration to cultivate pharmaceutical‑grade cannabis for federally authorized research.

According to the company’s press release, MMJ has “invested over millions of dollars” in drug development efforts, adhering to the rigorous standards set by the FDA and DEA. This long‑term commitment demonstrates both the expertise required to bring cannabinoid medicines through the federal pipeline and the financial risk assumed by companies that choose compliance over shortcuts.

The Regulatory Paradox: Compliance as a Competitive Disadvantage

MMJ’s filing highlights what it calls a “regulatory paradox.” While firms like MMJ that follow the FDA approval route face exhaustive scrutiny, high costs, and lengthy timelines, the DOJ is simultaneously defending an order that extends significant federal regulatory and economic benefits to state‑licensed marijuana businesses that have largely bypassed the FDA process.

This dynamic, MMJ argues, creates a distorted marketplace where entities that ignored the federal pharmaceutical pathway receive comparable—or greater—federal benefits, effectively penalizing those who adhered to it. Duane Boise, CEO of MMJ International Holdings, stated:

“Our government should be encouraging companies that follow the federal rules—not placing them at a competitive disadvantage. MMJ chose the FDA pathway because that’s the pathway Congress established to protect patients. If those who bypassed that process receive the same or greater federal benefits, then compliance is no longer being rewarded—it’s being penalized.”

Implications for Public Safety Infrastructure

The DOJ’s brief also seeks to dismiss concerns raised by the National Drug and Alcohol Screening Association (NDASA), asserting that Congress did not enact the CSA to provide revenue for drug screeners. MMJ rebuts this claim, emphasizing that workplace drug testing serves a vital public safety function across transportation, aviation, healthcare, and other safety‑sensitive occupations.

Boise added:

“The government’s brief treats workplace drug testing as though it exists simply to generate revenue. That completely misses the point. Drug testing protects the traveling public, hospital patients, and workers in safety‑sensitive occupations. Suggesting these interests fall outside the purpose of the Controlled Substances Act should concern every American.”

The D.C. Circuit: A Test for Regulatory Integrity

The consolidated appeals now pending before the U.S. Court of Appeals for the District of Columbia Circuit will determine whether Attorney General Order No. 6754‑2026 was lawfully issued and whether the DOJ possesses the authority to create the regulatory framework it advocates.

Boise concluded that the case has moved beyond a debate over marijuana and now represents a fundamental challenge to the integrity of federal regulatory authority:

“By arguing that FDA‑backed clinical development and workplace safety standards fall outside the intent of the Controlled Substances Act, the government is effectively inviting a ‘wild west’ outcome where compliance is viewed as a competitive handicap. Congress enacted the CSA to protect public health, scientific integrity, and public safety—not to reward those who bypassed the federal system while punishing those who invested years and millions of dollars to follow it.”

About MMJ International Holdings, Inc.

MMJ International Holdings, Inc. (MMJIH) is a privately held pharmaceutical company developing cannabinoid‑based investigational medicines for Huntington’s disease and multiple sclerosis through the U.S. Food and Drug Administration’s Investigational New Drug pathway. The company maintains two active IND applications, an Orphan Drug Designation, a DEA Schedule I analytical laboratory registration, and has pursued a DEA bulk manufacturing registration since 2018 to cultivate pharmaceutical‑grade cannabis for federally authorized clinical research.

For more information, contact Madison Hisey at MHisey@mmjih.com or 203‑231‑8583.

Source: Here

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