The Center for Medicare & Medicaid Services (CMS) has posted a FAQs page on CMS.gov providing details regarding how the agency intends to provide hemp-derived products to beneficiaries.
A pilot program integrating eligible hemp-derived products is set to begin on April 1st. The Trump Administration publicly announced the roll out in December.
According to CMS.gov, participating ACO (Accountable Care Organizations) and oncology programs will offer beneficiaries access to eligible hemp products. Physicians overseeing patients’ use of hemp-derived products “must determine that use is appropriate and must document required shared decision-making (including medication review and follow-up planning).” This includes a documented discussion of the products’ potential benefits and risks, the beneficiary’s goals and preferences, and a review of current medications and potential interactions.
“Eligible hemp products are limited to federally legal hemp-derived products containing no more than 0.3 percent delta-9 THC and expressly excludes inhalable products, any products containing more than 3 mg per serving of tetrahydrocannabinols (such as delta-8-tetrahyrdocannabinol, delta-10-tetrahyrdocannabinol, and tetrahydrocannabinolic acid) in an orally administered form, and any products containing cannabinoids not naturally produced or capable of being produced by or in the cannabis plant during its cultivation,” the website states. “Eligible hemp products must be furnished and provided directly by a qualified physician affiliated with the participant organization, as specified by the model participation agreements. … [Products must] be tested by a third party for potency (including accurate cannabinoid measurement) and for contaminants and microbial hazards with negative results.”
Commenting on the forthcoming rollout, NORML’s Deputy Director Paul Armentano said: “The integration of certain therapeutic cannabis products into the Medicare program further legitimizes the use of marijuana as a medicine, particularly for improving the health-related quality of life of older Americans and seniors. Once implemented, this program will enhance health practitioners’ ability to assess the real-world safety and efficacy of these products in various patient populations, while furthering greater acceptance of these products among both patients and physicians.”
Survey data consistently shows that a growing percentage of older adults identify as cannabis consumers and that many are using it in place of traditional prescription medications.
It is unclear how the new CMS rules will comport with forthcoming changes in federal law, approved by Congress in November, recriminalizing hemp-derived products with trace levels of THC. The federal law revisions take effect later this fall.
The CMS FAQ page is online here. Additional information is available from the NORML Fact Sheet, ‘Cannabis Use by Older Populations.’
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