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In March, a slew of cannabis and hemp prohibitionists – led by Smart Approaches to Marijuana (who is challenging the rescheduling process before the DEA and also seeking to halt AG Blanche’s rule immediately moving some medical marijuana to Schedule III) – filed a lawsuit against the Centers for Medicare & Medicaid Services (CMS) and federal officials seeking to undo a rule that allows Medicare beneficiaries to receive coverage for $500 of hemp CBD products. The Medicare rule, first appeared on a CMS website in late March 2026, three months after Dr. Oz, the head of CMS, announced that coverage would be coming for hemp products. The prohibitions’ lawsuit was dismissed by the trial court based on a finding that none of the 11 plaintiffs had standing to bring suit. The prohibitionists have appealed the decision of standing to the DC Circuit Court with the first briefs due on October 5.
