Federal health officials under Robert F. Kennedy Jr. and Dr. Mehmet Oz are urging a court to throw out a lawsuit filed by anti-marijuana groups seeking to block a new Medicare-related hemp program.
In a recent legal brief, the government argues that the groups behind the lawsuit lack standing—meaning they haven’t shown any real harm that would justify bringing the case. The only individual plaintiff, a Medicare recipient, opposes hemp products but admits he wouldn’t use them anyway. Officials say simply being offended by the possibility of being offered such products isn’t a valid legal injury.
The lawsuit targets a pilot initiative from the Centers for Medicare & Medicaid Services (CMS) that allows participating providers to offer certain hemp-derived products—like CBD—to eligible patients as part of broader care models. The program is voluntary and limited, with strict THC caps and no direct Medicare payment for the products themselves.
Government lawyers also argue that the advocacy groups aren’t harmed just because they’re spending time opposing the policy. Since fighting cannabis access is central to their mission, those efforts don’t count as a diversion of resources in a legal sense.
Beyond procedural issues, officials say the lawsuit fails on substance. They emphasize that federal law clearly distinguishes hemp from marijuana under the 2018 Farm Bill, and the program only involves legal hemp products—not illegal cannabis.
The case follows an earlier setback for the plaintiffs, when a federal judge denied their request to temporarily block the program before it launched. A further hearing on the matter is still pending.
If the court agrees with the government and dismisses the case, the pilot program will continue, potentially expanding access to hemp-derived products for some Medicare patients while regulators collect data on their effectiveness and cost impact.
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