A federal judge has denied a request from a coalition of anti-marijuana organizations that sought to immediately block the Trump administration’s initiative to cover hemp-derived CBD and THC products through Medicare from launching on Wednesday.
The groups’ overall lawsuit challenging the policy is still under consideration, however, with a hearing on their separate motion for a preliminary injunction scheduled for April 20, which coincidentally is known as the unofficial cannabis cultural holiday 4/20.
Judge Trevor N. McFadden on Tuesday rejected the request from Smart Approaches to Marijuana (SAM) and nine other drug prevention groups to issue a temporary restraining order to halt the federal cannabis initiative, which is being facilitated by the Centers for Medicare & Medicaid Services (CMS), from taking effect.
McFadden, in his one-page order, quoted case law holding that a temporary restraining order is an “extraordinary and drastic remedy” that can only be granted if a party makes a “clear showing that four factors, taken together, warrant relief: likely success on the merits, likely irreparable harm in the absence of preliminary relief, a balance of the equities in its favor, and accord with the public interest.”
“Having considered the arguments in Plaintiffs’ motion and at a motions hearing,
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