Federal health officials in the United States have created a new narrow path to allow certain hemp consumer products to be tested under Medicare programs. This allows participating groups to offer these to patients.
The new guidance, which appears aimed mainly at non-intoxicating hemp-derived CBD products, comes from the Centers for Medicare & Medicaid Services (CMS), the U.S. agency that runs Medicare and Medicaid. The new guidance is only applicable to limited federal programs where CMS experiments with different ways of organizing care and paying for it.
Narrow focus
This guidance allows certain health care providers to talk with patients who are eligible about hemp-based products that qualify and, if desired, offer those products in accordance with rules which do not consider these products approved drugs, or medical products normally covered by Medicare.
The U.S. Hemp sector is notably impacted by the new guidance, as a federal agency with a large budget has defined the limited categories of hemp products which can be used in specific health care environments. However, the policy is not a solution to the broader questions of regulatory compliance surrounding CBD and its use in food products, supplements, or wellness products.
Maximums for products
CMS states that eligible products must comply with federal laws and be lawful in all jurisdictions, including the local and state ones where they will be sold. These products are only available from legal hemp and they must have been tested for pesticides, microbes, heavy metals and heavy chemicals by third-party laboratories.
This guidance does not apply to inhaled or oral products that contain more than three milligrams THC per dose, nor products containing cannabinoids. CMS said that the guidelines do not supersede federal Controlled Substances Act.
No coverage
CMS has stated that Medicare will not reimburse these costs. Medicare also does not allow patients to claim the hemp products.
CMS stated that the policy could start on April 1, 2026 for two test programs and will start January 1, 2027 for the third. It is mandatory for organizations to submit a report every quarter and a plan.