Politics
Bipartisan Lawmakers Press Trump For Marijuana Rescheduling Guidance—Including Whether Medicare Will Cover Medical Cannabis
A bipartisan coalition of members of Congress are pressing President Donald Trump and key members of his Cabinet for additional guidance on how the partial rescheduling of marijuana will affect cannabis businesses and consumers. Among other things, they want to know whether there are plans for Medicare to cover medical cannabis.
The administration’s marijuana rescheduling move “marks a significant step in establishing a federal framework for certain state-licensed medical marijuana entities to register and comply” with the Controlled Substances Act (CSA), Reps. Dina Titus (D-NV), David Joyce (D-OH), Ilhan Omar (D-MN) and Greg Steube (R-FL) wrote in the letter, sent on Tuesday.
“We appreciate this development and the progress it reflects toward greater clarity in federal policy,” the lawmakers wrote to Trump, Health and Human Services Secretary Robert F. Kennedy Jr., Treasury Secretary Scott Bessent and Attorney General Todd Blanche. “As implementation moves forward, additional guidance would be helpful on several practical questions, including worker protections, patient rights, healthcare coverage, privacy safeguards, home cultivation, and the operation of the new DEA registration system.”
Blanche in April issued an order that immediately reclassified state-licensed medical cannabis, as well as marijuana products approved by the Food and Drug Administration (FDA) from Schedule I of the Controlled Substances Act (CSA) to Schedule III.
Under a separate order the acting attorney general signed, a Drug Enforcement Administration (DEA) hearing is considering more comprehensively moving marijuana to Schedule III.
Titus, Joyce and Omar are three of the co-chairs of the Congressional Cannabis Caucus. Together with Steube, they are laying out several specific questions about the rescheduling move’s implications:
- How will the order affect patients currently participating in state medical marijuana programs?
- Is medical marijuana cultivated by a patient or their registered caregiver in accordance with state law currently considered a Schedule I or Schedule III substance?
- Does the DOJ anticipate coordination with the Centers for Medicare & Medicaid Services regarding Medicare coverage or reimbursement considerations for Schedule III medical marijuana products?
- Please describe how, if at all, the framework addresses health insurance reimbursement or coverage for marijuana-based treatments for patients operating in compliance with state medical marijuana laws.
- How will the order apply to operators who participate in both medical and adult-use marijuana markets? For example, certain states have a single license that covers both medical and adult use and other states have a dual license that covers both activities.
- Specifically, will such entities remain eligible for federal tax treatment changes associated with Schedule III status, including relief from Internal Revenue Code Section 280E?
- How will DEA registration and compliance with Schedule III obligations be expected to affect federal enforcement posture with respect to businesses, healthcare providers, workers, and patients?
- How does the Department anticipate federal enforcement will be handled for businesses that do not register with the DEA, and for patients who obtain medical marijuana from state-licensed businesses that are not registered under the federal framework?
- What information will be required to obtain and maintain DEA registration, and how will the DEA use that information? What safeguards will be in place to prevent misuse of this information?
The lawmakers are asking for answers to their questions by September 30.
“We appreciate the establishment of a Schedule III framework for certain marijuana-related products under the Controlled Substances Act,” they wrote. “As implementation proceeds, we look forward to continued engagement and await your timely guidance to ensure clarity and consistency across all affected stakeholders.”
In April, DEA launched a system for medical cannabis businesses to register for federal protections in line with Schedule III status.
The Centers for Medicare and Medicaid Services earlier this year launched an initiative to cover up to $500 worth of hemp-derived products each year for eligible Medicare patients. The program focuses largely on CBD but also allows products to have up to 3 milligrams of total THC per serving. A federal judge granted the government’s motion to dismiss marijuana legalization opponents’ lawsuit challenging the initiative, but that is being appealed.
