The Centers for Medicare & Medicaid Services (CMS) will soon be launching a pilot program that would cover the costs of CBD products for eligible patients under certain federal health insurance plans. But newly reported details about the effort signal that it policy could conflict with a separate law redefining hemp in a way that severely restricts allowable THC content.
CMS Administrator Mehmet Oz has previously described the CBD coverage plan that’s being implemented in response to an executive order President Donald Trump signed in December that also directs the finalization of a federal marijuana rescheduling rule, saying the CBD components of the plan could be rolled out as early as April.
But as the agency has prepared to provide cannabidiol coverage under the pilot program, it has set an initial limit of 3 milligrams of total THC (including delta-8, delta-9 and delta-10 THC, for example) per serving—as Cannabis Wire first reported—which is more than seven times the THC limit for hemp-derived cannabinoid products as defined under a spending bill Trump signed last year.
The cannabis section of that agriculture-focused spending legislation restricts total THC content to .4 milligrams per container. And that law, which industry stakeholders say will effectively
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