03/04/2026
A coalition of anti-cannabis groups has filed suit in federal court seeking to block what it characterizes as the coverage of non-FDA-approved h**p products under Medicare-linked programs.
The lawsuit, led by Smart Approaches to Ma*****na and other groups, challenges a Medicare pilot program that lets providers give certain items—including CBD—to patients under flexible care rules.
Plaintiffs argue the Centers for Medicare & Medicaid Services is effectively opening a pathway for cannabinoid products that have not been approved by the U.S. Food and Drug Administration (USDA).
The lawsuit names Mehmet Oz, CMS Administrator, and Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. as defendants.
The usual suspects
The plaintiffs are part of a long-running anti-cannabis advocacy network that has consistently opposed the normalization of cannabis-derived products in medical settings.
The underlying program is narrower than both critics and proponents suggest.
Plaintiffs argue the Centers for Medicare & Medicaid Services is effectively opening a pathway for cannabinoid products that have not been approved.