A federal appeals court has laid out the schedule for a lawsuit brought by a coalition of anti-marijuana groups and a cannabis-focused biopharmaceutical corporation that are challenging the Trump administration’s initiative to cover up to $500 worth of hemp-derived products each year for eligible Medicare patients.
In May, Judge Trevor N. McFadden dismissed the challenge to the program that’s implemented by the Centers for Medicare & Medicaid Services (CMS) that focuses largely on CBD but also allows a certain amount of THC in products. The opponents of the CBD Medicare effort then asked the U.S. Court of Appeals for the District of Columbia Circuit to reconsider the decision.
On Wednesday, the appeals court issued an order setting the schedule for briefs in the case:
Appellants’ Brief: October 5 Appellees’ Brief: November 4 Appellants’ Reply Brief: November 25 Deferred Appendix: December 2 Final Briefs: December 16
“All issues and arguments must be raised by appellants in the opening brief,” the order signed by Clifton B. Cislak, the court’s clerk, says. “The court ordinarily will not consider issues and arguments raised for the first time in the reply brief.”
An attachment to the order notes that the case “may be
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