CMS Continues CBD Program for Seniors Despite Congressional and European Concerns
The Centers for Medicare & Medicaid Services (CMS) is under scrutiny for its Substance Access Beneficiary Engagement Incentive (BEI) program, which allows Medicare providers to offer hemp-derived cannabinoid products to seniors. This program persists despite Congress enacting restrictions on such products and European regulators expressing safety concerns. In November 2025, Congress passed legislation limiting THC content in hemp-derived products, effective November 2026. However, CMS launched the BEI program, enabling access to these products without FDA approval. A recent court ruling dismissed a lawsuit challenging the program, citing insufficient injury to establish standing, rather than addressing the program's legality or safety.