A coalition of health advocacy organizations and anti-cannabis groups on Monday sued the Trump Administration over its plan to allow Medicare coverage for hemp-derived CBD and THC products. The plaintiffs include Smart Approaches to Marijuana, Cannabis Industry Victims Educating Litigators, North Carolinians Against Legalizing Marijuana, Cannabis Impact Prevention Coalition, LLC, Cannabis Industry Victims Seeking Justice, Drug Free America Foundation, Save Our Society From Drugs, Drug Watch International, Hillsborough County Anti-Drug Alliance, Illinois Family Institute, and North Carolina resident and SAM donor, David Evans.
The lawsuit was filed as the Centers for Medicare & Medicaid Services (CMS) is set to begin covering CBD and THC products as a Substance Access Beneficiary Engagement Incentive (BEI). The filing names CMS Administrator Mehmet Oz and U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. as defendants.
Under the proposed BEI, patients enrolled in certain federal health insurance programs could have up to $500 worth of hemp-derived products covered annually. The lawsuit claims the plan violates administrative rules because the CBD and THC products covered under the program have not received Food and Drug Administration approval, and because CMS didn’t publish a notice of proposed rulemaking, which prevented public comment.
The complaint further alleges the program would violate the Social Security Act, which “does