A significant shift in Medicare policy has emerged, as the Centers for Medicare & Medicaid Services (CMS) announced it will authorize coverage for certain CBD products under Medicare Advantage programs. This decision, made public in the Federal Register, marks a notable advancement for patients seeking cannabinoid therapies, particularly among seniors.
The new policy allows Medicare coverage for cannabis products deemed legal under both federal and state laws. Previously, a final rule set to take effect in 2026 prohibited coverage for any “cannabis products.” The latest adjustment means that only cannabis products illegal under applicable laws will remain outside the scope of Medicare coverage. Patients can now file insurance claims for CBD products that comply with legal standards.
Sasha Kalcheff-Korn, executive director of the nonprofit organization Realm of Caring, emphasized the importance of this policy change for older adults. In a statement, she noted, “The Centers for Medicare & Medicaid Services’ proposed rule is an important acknowledgment that evidence-based cannabinoid therapies play a meaningful role in the health, comfort, and longevity of older adults.” Kalcheff-Korn highlighted that research conducted by her organization over the past decade indicates that full-spectrum CBD products can significantly enhance the quality of life for seniors dealing with pain, sleep disturbances, and inflammation.
The Suncoast chapter of the National Organization for the Reform of Marijuana Laws (NORML) also expressed support for the new policy. They stated, “This potential Medicare-CBD breakthrough affirms what Suncoast NORML has long believed: hemp-derived cannabinoids are not fringe curiosities — they belong in conversations about public health, regulation, and social equity.” The group plans to actively monitor developments in the Federal Register to ensure that this opportunity is not overlooked.
Despite this positive advancement in cannabis policy reform, a looming federal hemp ban threatens the availability of many CBD products. Recent legislation passed by Congress as part of a budget deal introduces restrictions on hemp products, even those containing negligible amounts of THC or other cannabinoids. This new law, which is set to take effect one year after its enactment, alters the legal definition of hemp, currently established as cannabis with no more than 0.3% THC by weight.
Advocates for cannabis and hemp argue that this legislative change could jeopardize a thriving $28 billion industry by making it nearly impossible to produce compliant CBD products. Kalcheff-Korn stressed the urgency of the situation: “This moment also underscores a critical urgency – without a clear federal regulatory pathway for these products within the next 11 months, millions of Americans who rely on them could lose access.”
According to the proposed rule published by CMS last week, hemp and hemp-derived cannabis products meeting the current definition established in 2018 are not considered federally controlled substances until November 11, 2026. Products adhering to any forthcoming changes in the definition of hemp will remain legal under federal law, provided they comply with all other applicable regulations, including the Federal Food, Drug, and Cosmetic Act (FFDCA).
As the landscape of cannabis regulation continues to evolve, this development presents both opportunities and challenges for patients, policymakers, and the industry. The ability for Medicare to cover CBD products may enhance access to vital treatments, but the future of these products hangs in the balance as federal legislation progresses.
