MMJ International Holdings is questioning the constitutionality of the Drug Enforcement Administration's upcoming marijuana rescheduling hearing, citing a Department of Justice acknowledgment that the Administrative Law Judge system may violate the separation of powers. The company points to a February 2025 federal court filing in which the Acting Solicitor General stated that multiple layers of removal protections for ALJs do not comport with Article II of the Constitution. Despite this, the DEA plans to proceed with the June 29 hearing, which could shape federal cannabis policy and affect billions of dollars in economic interests. MMJ CEO Duane Boise argues that the government cannot lawfully conduct the proceeding after conceding the adjudicative structure raises serious constitutional concerns, and warns that any resulting record could face legal challenges, creating uncertainty for patients, investors, and the industry.
Axon Enterprise Inc.Company challenges DEA hearing constitutionality, potentially blocking or delaying rescheduling that could benefit the industry