Medicare CBD Program Will Allow Some THC, Report Says
- The new federal Medicare pilot program will allow certain orally administered CBD products to contain up to 3 milligrams of THC per serving, including delta-8-THC, delta-10-THC, and tetrahydrocannabinolic acid, but will exclude inhalable products and synthetic cannabinoids.
- The pilot, called the Substance Access Beneficiary Engagement Incentive (BEI), was announced by Mehmet Oz and former President Donald Trump, aiming to provide millions of Medicare beneficiaries access to CBD at no cost with a doctor's recommendation.
- Details remain unclear regarding the 3-milligram THC limit, product-testing, labeling, and quality-control standards, amid a lack of a federal regulatory framework for CBD products, as the FDA has yet to establish an oversight pathway.
- The program must comply with varying state and local laws and faces uncertainties due to an upcoming federal hemp definition limiting THC content per container and potential impacts from cannabis rescheduling; CMS plans to release further details soon.
A new federal pilot program tied to Medicare will allow certain CBD products to contain small amounts of THC, according to a report first published by Cannabis Wire. The outlet reported that the Centers for Medicare and Medicaid Services would allow orally administered CBD products in the pilot to contain up to 3 milligrams per serving of tetrahydrocannabinols, including compounds such as delta-8-THC, delta-10-THC and tetrahydrocannabinolic acid. Inhalable products would not be included, and the program would also exclude cannabinoids that are not naturally produced, or capable of being produced, by the marijuana plant during cultivation.
The pilot is being developed under the Center for Medicare and Medicaid Innovation and has been described by CMS as a Substance Access Beneficiary Engagement Incentive, or BEI. Mehmet Oz announced the effort in December alongside President Donald Trump, saying that millions of Medicare beneficiaries could be eligible to receive CBD at no cost if recommended by a doctor.
Even so, many details remain unclear. The CMS has not yet explained how it determined the 3-milligram THC threshold or whether the agency views that amount as non-intoxicating. It is also not yet known what product-testing, labeling or other quality-control standards will apply.
That uncertainty is notable given the lack of a federal regulatory framework for CBD products. The Food and Drug Administration has previously said that a new pathway is needed for CBD oversight, but Congress has not created one.
CMS has said products in the pilot will need to comply with state and local laws, which vary significantly across the country. The agency says it plans to release more details in the coming days and weeks, along with participation numbers once they are available.
Another open question is how the pilot might be affected by a new federal hemp definition scheduled to take effect in November, which would ban products containing more than 0.4 milligrams of THC per container, and how it will be effected by cannabis being rescheduled.