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Anti-Cannabis Coalition Sues Trump Admin Over Medicare Hemp Coverage Plan

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Anti-Cannabis Coalition Sues Trump Admin Over Medicare Hemp Coverage Plan

A coalition of health advocacy organizations and anti-cannabis groups sued the Trump administration on Monday over its plan to allow Medicare coverage for hemp-derived CBD and THC products. Plaintiffs include Smart Approaches to Marijuana, Cannabis Industry Victims Educating Judges, North Carolinians Against Legalization of Marijuana, Cannabis Impact Prevention Coalition, LLC, Cannabis Industry Victims Seeking Justice, County Drug Foundation of America, Save Drugs Courses International Anti-Drug Alliance, Illinois Family Institute and North Carolina resident and SAM donor David Evans.

The lawsuit was filed after the Centers for Medicare & Medicaid Services (CMS) will begin covering CBD and THC products as an incentive to engage beneficiaries of substance access (BEI). The document names CMS Administrator Mehmet Oz and US Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. as a defendant.

Under the proposed BEI, patients enrolled in certain federal health insurance programs could cover up to $500 worth of hemp-derived products each year. The lawsuit alleges that the plan violates administrative rules because the CBD and THC products covered by the program have not received Food and Drug Administration approval and because CMS did not publish a notice of proposed rulemaking, which prevented public comment.

The complaint further alleges that the program would violate the Social Security Act, which “does not permit CMS to sanction the possession and use of illegal and dangerous Schedule I substances by Medicare patients without express congressional authorization.”

“CMS’s action represents an unprecedented and unlawful assertion of binding decision-making authority that will profoundly affect the health of older Americans. “CMS took this action without the hurdles imposed by the administrative process, without any reasoned explanation, in violation of the agency’s final determination pursuant to the APA, and without statutory authority.” – Smart approaches to marijuana, etc. al v. HHS, US CMS

The filing alleges that Evans would be personally harmed by CMS’ changes because he is a Medicare recipient who was not allowed to submit public comment on the BEI and whose “health care relationship” with CMS is changed by the plan.

The lawsuit alleges that there is a “research gap” for medical cannabis and hemp products and alleges that “commercially available CBD products are contaminated and mislabeled.”

The suit seeks a temporary restraining order, a preliminary injunction, a stay of the agency’s action pending a judicial review, and asks the court to vacate the EIB, declare it illegal and permanently enjoin the policy.

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Mississippi Gov. Vetoes Medical Cannabis Reform Bills 

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Mississippi Gov. Vetoes Medical Cannabis Reform Bills 

Mississippi Gov. Tate Reeves (R) vetoed it last week two laws that provided state law updates on medical cannabis. Together, the bills would have allowed ‘right to try’ provisions for patients and loosened rules on doctor visits. The reforms would also have eliminated THC caps on some medical cannabis products.

In his veto of the bill to loosen regulations and end some of the THC limits, Reeves said the legislation “seeks to erode three important safeguards” in state law “intended to minimize the potential diversion” of medical cannabis “for recreational purposes.”

“Requiring a mandatory six-month follow-up visit to ensure the patient is receiving a therapeutic benefit from the use of medical marijuana; requiring caregivers to pass an annual criminal background check; and limiting THC potency to 60% for oils and concentrates are reasonable and necessary checks and balances in the medical marijuana program and do not create barriers.” – Reeves in his the veto message

The vetoed bill was referred back to the House Committee on Business and Commerce

In his veto of the ‘right to try’ bill, Reeves said the bill would “extend the ‘right to try medical cannabis’ to every person on the planet”, which he opposes.

In the veto message, Reeves mentioned the concern of Dr. Daniel Edney, state health officer, who said the proposal “shifts the intent of the bill from giving Mississippians the ability to work with their treating physicians in dire situations when all other options have failed.”

“This policy position of the (Mississippi State Department of Health) was clearly communicated to leadership and the committee that we can only support this narrowly drafted and strict language,” the veto message said, citing Edney, “and will not support anything to make the program more outdoor fun. Unfortunately, the amended language distorts the intent of the bill’s original text.”

The vetoed bill returned to the House Public Health and Human Services Committee.

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Federal Bill Would Give State-Legal Cannabis Companies Access to Banking Services

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Federal Bill Would Give State-Legal Cannabis Companies Access to Banking Services

U.S. Representatives Troy Carter (D-LA) and Guy Reschenthaler (R-PA) this week introduced the bipartisan Capital Lending and Investment for Marijuana Businesses (CLIMB) Act, which aims to give state-legal cannabis companies access to lending and investment opportunities available to other industries.

Most financial institutions are currently unwilling to serve the industry, as cannabis remains a federally prohibited, Schedule I substance.

But to Act of ASCENT would establish protections for private lenders to make loans and for government agencies, such as the Small Business Administration (SBA), or the Minority Business Development Association (MBDA), to provide grants to state-licensed cannabis companies.

“This legislation is an opportunity to bring equity and equal opportunity to our nation’s growing cannabis industry,” said Rep. Carter in one press release.

“Working directly with small, minority, and veteran-owned cannabis businesses, it’s clear that access to capital remains one of the biggest barriers to entry and success in the industry. By bringing symmetry to the business ecosystem with the CLIMB Act, we can help communities that have long been harmed by the criminalization of marijuana—and that’s all leaders in American business.” – Carter, in a statement

Saphira Galoob, CEO of the US Cannabis Roundtable, said the bill would “help unleash the full potential of the American cannabis industry” and ensure that “American cannabis businesses, workers and investors have the same opportunities and access to financial services as foreign competitors.”

Meanwhile, President Donald Trump issued an executive order last December directing federal agencies to move cannabis from Schedule I to Schedule III under the Controlled Substances Act. Officials, however, have so far failed to implement the order.

Federal agencies initiated first rescheduling process in 2024 under then-President Joe Biden.

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Mississippi Senate Passes Medical Cannabis Reform Bill with ‘Right to Try’ Provisions  

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Mississippi Senate Passes Medical Cannabis Reform Bill with ‘Right to Try’ Provisions  

The Mississippi Senate last week approved a medical cannabis reform bill that includes ‘right-to-try’ provisions and expansions of the ID program. WAPT reports. The measure had already passed the House of Representatives and goes to Governor Tate Reeves (R) for final approval.

The legislation also removes THC potency limits for tinctures, oils and concentrates available through the medical cannabis program. THC caps on flowers available through the program remain limited to 30%. Removing this cap will allow high-THC products, such as Rick Simpson oil, to be available through the medical cannabis program for the first time.

The final version of the bill allows medical cannabis ID cards to remain valid for one year, as opposed to the two years included in the draft approved by the House. The proposal increases background check requirements for caregivers from one to two years, but maintains the requirement that enrolled patients follow up with their medical provider every six months, but allows providers to adjust that timeframe based on individual patient needs.

The original version of the bill, which passed the House of Representatives, sought to increase the validity period of the guardian ID card to five years, but this provision was removed by the Senate.

TG joined Ganjapreneur in 2014 as a news writer and began hosting the Ganjapreneur podcast in 2016. He is based in upstate New York, where he also teaches media at a local university.

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