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Federal Judge Dismisses Anti-Marijuana Groups’ Lawsuit Challenging Medicare Hemp Coverage Program

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A federal judge has granted the government’s motion to dismiss a lawsuit by opponents of marijuana legalization challenging a new initiative by the Trump administration. Cover up to $500 of hemp-derived products annually for eligible Medicare patients. The program being implemented by the Centers for Medicare and Medicaid Services (CMS) focuses largely on CBD, but also allows a certain amount of THC in products.

Judge Trevor N. McFadden ruled Friday that the prohibitionist and activist groups, led by Smart Approaches to Marijuana (SAM), as well as a biopharmaceutical corporation MMJ International Holdings and its subsidiaries, “have no standing to bring this case.”

“Each one claims an injury too abstract or far-fetched to open the doors of the court,” he said.

“At the outset, the Court notes that it need not address most of the questions raised by plaintiffs in their motions,” McFadden wrote. “This is because Plaintiffs’ case suffers from a fatal flaw: failure to establish the Article III bar to present their claims. The Court addresses only that jurisdictional hole and will dismiss the entire case and deny Plaintiffs a preliminary injunction.”

In April, lawyers Section of Health and Human Services. Robert F. Kennedy Jr. and CMS Director Mehmet Oz presented the summary saying that Anti-cannabis organizations filed lawsuit against Medicare hemp coverage policy they have no value to bring the case. Now the judge has agreed.

“There’s no plaintiff’s body that doesn’t show enough for an injury,” McFadden said. “All claim that resources were diverted in response to the establishment of the EIB, but none specified that this diversion of resources ‘impeded’ its core activities or prevented it from ‘pursuing its true purpose’.”

As for MMJ and its subsidiaries, the judge said, “it is not a direct and present competitor with anyone who sells hemp to Medicare beneficiaries.”

“In short, MMJ has no product on the market for Medicare beneficiaries and no sense of when it might be,” he said.

Beyond advocacy organizations, the lawsuit involves individual plaintiffs, including anti-marijuana advocate David Evans, who says he was sued for the Substance Access Beneficiary Engagement Incentive (BEI) as a Medicare recipient, but federal agencies reject that argument.

“If Evans’s worst-case scenario — his doctor recommends hemp — were to come true, Evans would suffer no specific harm,” McFadden wrote.

“In short, regardless of theory, plaintiffs have failed to establish an Article III injury from the implementation of the BEI,” the judge said. “The use and regulation of hemp are important issues, and the plaintiffs understandably have strong views on those issues. But while BOTH may not like it, they have not been harmed. So the case will be dismissed for lack of subject matter jurisdiction.”

SAM, for its part, is reversing the dismissal and says it may appeal.

“We fundamentally disagree with the court’s decision today. All parties have shown substantial injury that exceeds the threshold required by Article III,” said SAM President and CEO Kevin Sabet. “We are currently exploring all of our options, including an appeal. We will not rest until we make sure America’s seniors are safe from these false medical claims and the harms of dangerous marijuana products.”

McFadden previously denied the plaintiffs’ request for a temporary restraining order to stop the program from running on April 1st.

Notably, the government’s motion to dismiss the case says it was prepared in part by Matthew Zorn, an HHS attorney, before he took the federal job. litigated numerous cases against government agencies on behalf of plaintiffs seeking marijuana and drug policy reform..

The CMS initiative comes after President Donald Trump signed an executive order in December calling on the attorney general to finalize a federal marijuana redistricting rule, now underway, that also includes “access improvement” components for full-spectrum CBD products.

Under the program, inhalable preparations are not allowed, and products cannot contain more than 0.3 percent delta-9 THC by dry weight and a total of 3 milligrams of THC per serving.

The THC limit could potentially change if the law the president signed late last year goes into effect as planned in November. Such a policy would strictly limit the types of cannabis products currently allowed under the 2018 Farm Bill signed by Trump during his first term, specifically banning hemp derivatives with a total of 0.4 milligrams of THC per container.

The federal agencies stated in a brief of the lawsuit that “CMS does not pay for hemp products under the BEI.”

“Participating providers supply eligible products at their own cost, subject to an annual limit of $500 per beneficiary. BEI operates within a shared savings framework that defines the underlying model. If a provider’s investment in beneficiary engagement reduces the beneficiary’s total cost of care, it shares in the savings generated by the provider and CMS. If it does not absorb new, if the provider does not absorb new. BEI is essentially entitled to certain interventions. It is a provider decision that allows one to reduce downstream claims.

Meanwhile, the White House Office of Management and Budget recently held a series of meetings a Food and Drug Administration (FDA) CBD product enforcement policy.

The FDA also issued guidance making it clear that it does not intend to interfere Establish a Medicare coverage plan for hemp-derived products.

CMS finalized a rule that will be adopted separately Coverage of certain hemp products, primarily as specialized health-related benefits, through Medicare Advantage the plans

Read the judge’s the order dismissing the lawsuit challenging the Medicare hemp program below:

user photo Nanny Kimzy.

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Transportation Groups Warn Feds Of Marijuana Rescheduling’s ‘Consequences’ For Drug Testing Of Truck Drivers And Pilots

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A coalition of transportation and safety organizations said they have “serious safety concerns” about the Trump administration’s move to federally regulate marijuana.

Led by the American Trucking Association, the groups sent a letter to federal officials Monday asking them to take steps to ensure truck drivers, pilots, transit operators and other safety-sensitive workers continue to be tested for cannabis.

“If employers do not take the necessary steps to preserve the ability of security-sensitive transportation workers to test for marijuana, this change could have significant consequences for the safety of passengers and the entire transportation industry,” wrote Acting Attorney General Todd Blanche, Drug Enforcement Administration (DEA) Administrator Terrance Cole, Health and Human Services Secretary Robert F. Kennedy, and Transportation Secretary J.

The organizations said they understand that federal officials are being “urgently” reorganized under an executive order from President Donald Trump, that they are “deeply concerned that the current process does not adequately take into account agencies responsible for transportation safety or protecting the traveling public” and that they want the agencies to “work together.” ongoing cannabis redistricting hearings and rulemaking process to address these concerns.

In May, the Department of Transportation (DOT) issued new guidelines saying just that Truck drivers, airline pilots and other safety-sensitive workers still cannot use medical marijuana without penalty despite the Trump administration’s move to reschedule.

“Marijuana use is incompatible with safety-sensitive functions,” the department said.

Medical review officers (MROs) who receive drug test results indicating cannabis use cannot rule them out as negative for illegal substance use, even if an employee claims it was a result of state-licensed medical marijuana.

“Currently, there is no way for an MRO to verify that a laboratory-confirmed marijuana drug test result is positive when an employee claims the positive was caused by a state-licensed marijuana product,” the DOT said, explaining that after the reprogramming, medical marijuana dispensed under state law “does not” constitute a drug approved by the Food and Drug Administration (FDA).

The transportation groups said in the new letter that the DOT’s drug-testing program “is in accordance with the Department of Health and Human Services’ (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs and HHS-certified laboratories.”

“While DOT has expressed its intention to continue testing marijuana, a commitment we greatly appreciate, it is unclear whether DOT will retain its ability to rely on HHS procedures and certifications after the rescheduling,” they wrote. “Without this alignment, DOT may retain the authority to conduct testing, but lack the scientific and procedural infrastructure to do so.”

“Practically, this would mean that truck and bus drivers, pilots, flight attendants, air traffic controllers, air mechanics, railroad workers, dispatchers and signal workers, transit operators and pipeline workers could continue to perform high-risk safety roles without a reliable means of verifying that they are not actively using marijuana. It relies on controlled substance testing to identify end use and prevent potentially impaired individuals from fulfilling their safety-related obligations. While the planning could create legal or regulatory loopholes, the regulated employer-based drug testing agency warned that the final rules should not jeopardize marijuana testing for safety-sensitive transportation workers.”

“Regardless of the broader policy goals of the review, the federal government should not move forward to preserve transportation drug testing programs and mitigate the risks of increased and unchecked deterioration of our roads, railroads, public transportation systems, pipelines, airspace, and maritime corridors,” the letter says.

The organizations specifically ask federal officials to:

  • Support long-term marijuana testing for all safety-sensitive transportation workers;
  • Confirm the authority of DOT-regulated employers to perform such tests;
  • Ensure HHS laboratory certification and testing guidelines remain available and aligned with DOT’s safety mission; and
  • Establish a coordinated federal strategy to address the transportation security implications of rescheduling.

“The public and the workers who keep our transportation system running safely deserve a process that ensures these safeguards are firmly in place before any final action is taken,” he said. the letter he says

Earlier this month, the House Appropriations Committee approved a provision to allow federal officials to continue requiring government employees and security-sensitive employees, such as truck drivers and airline pilots must be drug tested for marijuana, “regardless of any future change in legal status or schedule.”

This was followed by a press conference organized by prohibitionist groups and a drug-testing industry association, where both Republican lawmakers joined the proclamation. “Cut” to marijuana rescheduling by asserting that safety-sensitive transportation workers can still be punished for testing positive for THC.

Legislators and abolitionist activists argued that moving marijuana to Schedule III would lead to a 1986 executive order signed by President Ronald Reagan defining illegal drugs under the Controlled Substances Act (CSA) in relation to the use of cannabis by truck drivers and other airline employees.

Last October, Transportation Secretary Sean Duffy suggested that President Donald Trump was “putting pressure” on rescheduling cannabis.arguing that marijuana is “truly addictive” and that policy reform on the issue sends a “dangerous” message.

“At a time when the culture is encouraging and celebrating the use of marijuana, we’re not talking about risk,” Duffy said.

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