Federal Court Reviews CMS Hemp-Marijuana Reimbursement Program Amid Legal Challenge
A federal district court in Washington, D.C. is reviewing a legal challenge against the Centers for Medicare & Medicaid Services (CMS) regarding its hemp-marijuana reimbursement program. The case, Smart Approaches to Marijuana v. Kennedy, questions whether CMS exceeded its authority by implementing a reimbursement incentive for hemp-derived cannabinoid products without public rule-making or FDA involvement. The program, which began on April 1, 2026, allows participating organizations to provide these products to Medicare beneficiaries, with potential reimbursements of up to $500 per beneficiary annually. The court is considering whether the CMS's actions align with statutory requirements and if the program can proceed without traditional regulatory processes.