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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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Second Ohio Judge Orders Injunction Against Hemp Policy Changes

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Second Ohio Judge Orders Injunction Against Hemp Policy Changes

A second Ohio judge last week granted a temporary restraining order to halt its implementation SB 56new state policy banning the sale of intoxicating hemp products, WCMH reports.

Franklin County Court of Common Pleas Judge Jeffrey Brown’s ruling supports the plaintiffs, Happy Harvest and Get Wright Lounge, in their lawsuit challenging the new policy. The lawsuit alleges that SB 56 violates federal law by classifying hemp-derived THC products as cannabis, not hemp, and by regulating them under the state’s adult-use cannabis program.

State Rep. Jennifer Gross (R), who supports overturning SB 56, told WCMH that the issue goes beyond the definitions of hemp versus cannabis products — that “It’s about whether the Ohio Constitution still means what it says.”

“When a conference committee can rewrite a bill overnight, remove provisions that gave it a majority, and then pass it without three readings or proper committee review, every Ohioan loses — no matter what side of the issue they’re on. I took an oath on the Constitution and I intend to uphold it.” – Gross, in the report

Brown’s ruling is the second ruling against SB 56 by a Sandusky County Common Pleas judge ruled in early April that the policy change is “inherently discriminatory,” ordering a stay on its implementation until a preliminary ruling is reached. The first ruling applies only to the plaintiffs in this case and only to specific local operations. Meanwhile, the Brown ruling applies nationwide, but affects only plaintiffs.

SB 56, which took effect March 31, also created new criminal penalties for the possession and consumption of cannabis products from out-of-state sources.

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Maine House Rejects Testing Bill for Medical Cannabis Caregivers  

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Maine House Rejects Testing Bill for Medical Cannabis Caregivers  

Maine lawmakers have rejected a bill that would have required medical cannabis products sold in the state to be tracked and tested, Maine News Center reports. The bill failed in the House on Monday, 74-71, with five lawmakers absent.

The proposal from Rep. Anne Graham (D), who is also a nurse practitioner, included provisions to provide state aid to medical cannabis producers who make less than $125,000 a year to help cover testing costs.

Shanna Souza, owner of Homegrown of Augusta, said the state would “lose 200-300” good medical cannabis caregivers if the bill were to become law. Currently, there are about 1,600 medical cannabis caregivers in the state.

During the debate over the legislation, which is opposed by medical cannabis activists, Rep. David Boyer (R) asked, “Where are the bodies? Where is the damage?”

“Patients are not asking for this. They are asking to kill the bill.” – Boyer, during the debate, via News Center Maine

The proposal will still be heard by the Senate, where it was introduced Monday after the House vote.

In 2018, the state updated its medical cannabis rules to include annual inspections and sample testing for products sold in dispensaries, according to a Maine Morning Star report, but these rules do not apply to guardians.

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Nebraska Bill to Protect Doctors Who Recommend Medical Cannabis Fails

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Nebraska Bill to Protect Doctors Who Recommend Medical Cannabis Fails

There will be no protections provided in Nebraska state law this year for doctors who refer patients to the state’s medical cannabis program after cannabis opponents blocked the legislation from state Sen. John Cavanaugh (R). NTV reports.

legislators voted to approve proposal during early review. However, in subsequent debates, opponents of medical cannabis derailed the bill with amendments that sought to change the intent of the proposal.

With the added changes, Cavanaugh eventually withdrew the bill from consideration, noting that “This bill no longer serves the purpose of ensuring that children have access to medicine.”

“Every amendment that has been introduced to that bill is hostile and an attempt to hijack that bill and go against the will of the voters.” – Cavanaugh, via NTV

Nebraska voters overwhelmingly approved the state’s medical cannabis program in 2024, but rollout has been slow and, for many advocates, frustrating.

Crista Eggers of the Nebraskans Campaign for Medical Marijuana said KETV“If there are no practitioners, there are no patients in this program.”

“What seems to be the purpose of this is to make sure that Nebraska never has a functioning program,” she said.

Meanwhile, the Nebraska Legislature approved last week the first state legislation related to the medical cannabis program. This bill would allow the Nebraska Medical Cannabis Commission to impose new fees on the industry and increase revenue.

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