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). CMS Administrator Mehmet OZ and U.S. Department of Health and Human Services Secretary Robert F. Kennedy, Jr. are named as defendants in the filing.
The proposed BEI would allow patients who are enrolled with certain federal insurance programs to receive coverage for up $500 in hemp-derived products each year. 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 not allow CMS to sanction the possession and use of illegal and dangerous Schedule I substances by Medicare patients without clear congressional authorization.”
“CMS’s action represents an unprecedented and unlawful assertion of binding decision-making authority that will profoundly affect the health of elderly Americans. The CMS took the action in question without following the rules of the administrative procedure, with no explanation and against the recent APA compliant decision made by the agency, as well as without statutory authority. — Smart Approaches Marijuana and et. U.S. HHS & CMS
The filing claims that Evans would also be personally injured by the CMS changes because he’s a Medicare recipient who was not allowed to submit a public comment on the BEI and whose “healthcare relationship” with CMS is altered by the plan.
In the lawsuit, it is claimed that there exists a “research void” in cannabis and hemp for medical use and that commercially available CBD products have been “pervasively contaminated and mislabeled.”
The lawsuit seeks a temporary restraining order, preliminary injunction, stay of agency action amid the judicial review, and asks the court to vacate the BEI, declare it unlawful, and permanently enjoin the implementation of the policy.
Cannabis Law Resources for Poland
Browse essential legal pages on cannabis sales and cultivation in Poland. You can use these resources to learn about the requirements for certifications, permissions and compliance.
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Polish News Registration and Interests of Cannabis Businesses
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Permissions for Cannabis Sales in Poland
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Authorization for Importing or Manufacturing Medical Products
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Permission for Manufacturing or Importing Medical Products
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Certificate of Good Manufacturing Practices (GMP)
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Registration of Medical Products in Poland