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Medicare coverage for CBD in limbo as Congress punts on hemp THC

by Chris Roberts
January 22, 2026
in Business
Reading Time: 3 mins read
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Over the weekend, Congressional management eliminated language from the spending invoice launched Tuesday morning that might have delayed a looming ban on hemp THC, MJBizDaily has discovered.

Along with creating additional uncertainty for hemp farmers and operators on the eve of planting season, the setback for hemp in Washington guarantees to delay when insurance coverage will cowl CBD therapies, as President Donald Trump promised final month, business lobbyists mentioned.

The $28 billion U.S. hemp business has been on excessive alert since November, when the deal to finish the federal government shutdown additionally redefined hemp beneath federal legislation to recriminalize hottest hemp-derived THC merchandise.

With a short lived spending bundle set to run out on the finish of January, lawmakers are engaged on one other funding invoice. Hemp pursuits are pushing to incorporate a one- or two-year delay within the invoice to keep away from the looming ban.

Push to save lots of hemp THC in momentary spending invoice unravels

Language that might have performed so – much like a standalone invoice launched within the Home by Indiana Republican Rep. Jim Baird and Minnesota Democratic Rep. Angie Craig – was included in a draft model of a bipartisan funding invoice, a number of sources instructed MJBizDaily.

However with the Republican Occasion’s slim majority within the Home, particular person members have important leverage.

And sufficient members of the Home Freedom Caucus – led by U.S. Rep. Andy Harris, the Maryland Republican who authored the ban language – moved to get the hemp THC ban reprieve language eliminated, Washington lobbyists instructed MJBizDaily.

Lobbyists are hopeful that the hemp THC ban can nonetheless be averted – and with it, chaos and uncertainty for hemp farmers and operators who’re reliant on the big marketplace for hemp-derived THC merchandise.

“As the times go on, we’re choosing up an increasing number of help in Congress and amongst different main coverage gamers,” mentioned Jonathan Miller, normal counsel of the U.S. Hemp Roundtable, a significant Washington foyer.

“I’m cautiously optimistic we’re going to get an extension,” he added. “We would not get it on the finish of this month, however I really feel like now we have a number of momentum to get one over the subsequent a number of weeks earlier than it’s crunch time for our farmers with their planting selections.”

Along with Harris, hemp THC has highly effective enemies, together with retiring Kentucky U.S. Sen. Mitch McConnell.

Nevertheless it’s not simply hemp farmers who want Congress to behave.

Trump promised healthcare protection for CBD

A lot of the hashish business’s focus over the previous month been on marijuana rescheduling, which Trump directed the Justice Division to finalize together with his Dec. 18 govt order.

Nevertheless, that very same day, Trump administration officers promised seniors that they’d have the ability to search reimbursements via their medical insurance suppliers – together with Medicare – for non-intoxicating CBD-based therapies.

Reimbursements for as much as $500 for CBD merchandise that “meet native and state high quality and security requirements” may come as quickly as April, mentioned Mehmet Oz, administrator of the Facilities for Medicare & Medicaid Providers (CMMS).

A pet challenge of Howard Kessler, a Florida billionaire and Mar-a-Lago Membership member who personally lobbied Trump on the difficulty, insurance coverage protection for hashish therapies may considerably enhance hashish operators’ backside strains.

Thus far, CMMS has not launched additional particulars on this system.

When will Congress transfer to cowl CBD, save hemp-derived THC?

That’s partially as a result of doing so would require “Congress to rethink its classification of hemp-derived CBD to make sure seniors can entry CBD merchandise they’ve discovered helpful for ache,” Trump mentioned throughout an Oval Workplace signing ceremony.

A spokesperson for CMMS didn’t reply to a request for remark from MJBizDaily searching for extra particulars on the CBD reimbursement program.

It’s unclear whether or not a delay on the hemp THC ban, which critics like Miller say would additionally criminalize most CBD merchandise, can be by itself sufficient to have Medicare cowl the therapies.

Different Washington observers mentioned that federal companies, together with the U.S. Division of Agriculture, which has been tasked with overseeing authorized hemp for the reason that 2018 Farm Invoice, have been additionally hesitant to maneuver ahead with out clear route from Congress.

Chris Roberts might be reached at [email protected].

 

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