Federal Judge Denies Emergency Bid to Stop Medicare CBD Program, Sets Hearing for April 20

A federal judge has denied an emergency request to block the new Medicare-linked CBD pilot program, allowing it to move forward as the legal challenge continues.

The court rejected the plaintiffs’ motion for a temporary restraining order, which had sought to halt implementation of the program before it takes effect. The decision means the limited pilot can proceed for now while the broader lawsuit is litigated.

The court also established a briefing schedule for the plaintiffs’ request for a preliminary injunction, signaling that the case will continue on an expedited timeline. A hearing on that motion has been scheduled for April 20.

The lawsuit, brought by anti-cannabis groups including Smart Approaches to Marijuana (SAM), challenges the legality of the federal policy allowing certain participating organizations to furnish eligible beneficiaries with hemp-derived products under specific conditions. Plaintiffs argue the program exceeds federal authority and was implemented improperly.

Earlier in the case, the judge allowed plaintiffs’ counsel to appear remotely for an emergency hearing but made clear that, because they chose to file in that court, they should be prepared to attend future proceedings in person.

With the temporary restraining order denied, the focus now shifts to the upcoming preliminary injunction hearing, where the court will consider whether to impose longer-term limits on the program as the case moves forward.