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, the Court finds that Plaintiffs have not met this high standard,” the judge wrote. “The motion for a temporary restraining order is thus denied. The Court will consider Plaintiffs’ motion for a preliminary injunction and motion to stay upon the completion of briefing.”
Defendants in the lawsuit—CMS Administrator Mehmet Oz and U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr.—now have until April 9 to file briefs responding to the prohibitionist groups’ motion for a preliminary injunction. The plaintiffs then have a reply brief due on April 13, a week ahead of the 4/20 hearing on the matter.
The lawsuit comes as CMS is set to start covering CBD and THC products under select federal health insurance programs as a Substance Access Beneficiary Engagement Incentive (BEI) beginning on Wednesday.
Under the BEI, patients enrolled in specific federal health insurance programs could have up to $500 worth of hemp-derived products covered each year. The CBD-focused plan will also allow a certain amount of THC in products, but the agency said that the rules are subject to change if federal hemp policy changes, as is currently expected under a law set to take effect later this year.
Hellbound and Down 