Smart Approaches to Marijuana (“SAM”) sues the federal government over the CMS program | Cannabis Law Report | How to buy Skittles Moonrock online
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Source: Michelle Bodian Hemp Beverage Lawyer – Linked In
She writes
🚫SAM claims the Substance Access Beneficiary Engagement Incentive (“BEI”) violates the administrative procedures act (“APA”) and seeks a TRO, preliminary injunction and stay of agency action pending judicial review
ℹ️Named defendants are RJK, Jr. (in his official capacity), HHS, Dr. Oz (in his official capacity) and CMS
ℹ️SAM claims –
1) CMS did not address a research gap about whether CBD products are safe
2) Hemp products are contaminated
3) Hemp products are derived by distilling D9 THC, and therefore the products contain illegal Schedule 1 compounds
4) The BEI is final agency action under the APA
🗓️The court ordered the parties to appear for an in-person hearing today at 2:30 in Courtroom 2 before Judge Trevor N. McFadden
ℹ️TRO denied, hearing set for 4/20
ℹ️Case name: SMART APPROACHES TO MARIJUANA et al v. KENNEDY et al – 1:26-cv-01081 US District Court for DC
It appears only to be availible on PACER at the moment so you’ll have to pay to see it
It looks like Kevin has gone overboard with submisions, obviously there’s lots of money behind his push
| Tuesday, March 31, 2026 | ||
| 14 |  order .Order Tue 03/31 6:25 PMORDER denying Plaintiffs’3 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, Motion to Stay as to the request for a temporary restraining order only. See attached Order for details. Signed by Judge Trevor N. McFadden on 3/31/2026. (lctnm1) | |
| 13 | motion Appear by Telephone or Video Tue 03/31 12:17 PM Emergency MOTION for Leave to Appear by Telephone or Video Unopposed by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA.(Mighell, Connor) | |
| Att: 1 Text of Proposed Order | ||
| 12 | misc Errata Tue 03/31 11:19 AM ERRATA Corporate Disclosure Statement by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re2 LCvR 26.1 Certificate of Disclosure – Corporate Affiliations/Financial Interests,. (Mighell, Connor) | |
| 11 | cmp Request for Summons to Issue Tue 03/31 11:17 AM REQUEST FOR SUMMONS TO ISSUE filed by NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, DRUG WATCH INTERNATIONAL, CANNABIS IMPACT PREVENTION COALITION, LLC, DRUG FREE AMERICA FOUNDATION, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, DAVID EVANS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, SMART APPROACHES TO MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, ILLINOIS FAMILY INSTITUTE, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS. Related document:1 Complaint, filed by SMART APPROACHES TO MARIJUANA.(Mighell, Connor) | |
| Att: 1 Summons | ||
| 10 | misc Errata Tue 03/31 11:13 AM ERRATA Memo ISO Motion for TRO by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re4 Memorandum,,,. (Mighell, Connor) | |
| 9 | misc Errata Tue 03/31 11:12 AM ERRATA Motion for TRO by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re3 Motion for TRO, Motion for Preliminary Injunction, Motion to Stay. (Mighell, Connor) | |
| 8 | misc Errata Tue 03/31 11:09 AM ERRATA Complaint by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re1 Complaint,. (Mighell, Connor) | |
| 7 | notice Notice of Appearance Tue 03/31 10:11 AM NOTICE of Appearance by Xinyu Yang on behalf of All Defendants (Yang, Xinyu) | |
| 6 | order .Order Tue 03/31 9:47 AM STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 3/31/2026. (lctnm1) | |
| 5 | service Electronic Summons Issued Tue 03/31 8:42 AM SUMMONS (4) Issued Electronically as to All Defendants.(znmw) | |
| Att: 1 Notice and Consent | ||
| utility Case Assigned/Reassigned Tue 03/31 8:39 AM ENTERED IN ERROR…..Case Assigned to Judge Amir H. Ali. (znmw) Modified on 3/31/2026 (znmw) | ||
| notice Notice of Error- New Case Tue 03/31 8:42 AM NOTICE OF NEW CASE ERROR regarding1 Complaint,,3 Motion. The following error(s) need correction: Invalid signature. PACER login must match signature. Active attorney must sign all documents. Please file the signed documents using the event ERRATA. Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmw) Modified to add error on 3/31/2026 (znmw) | ||
| utility Case Assigned/Reassigned Tue 03/31 8:52 AM Case Assigned to Judge Trevor N. McFadden. (znmw) | ||
| order .Order ~Util – Set/Reset Hearings Tue 03/31 11:03 AM MINUTE ORDER. The Court is in receipt of2 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, Motion to Stay. The parties are ORDERED to appear for an in-person hearing on this Motion on March 31, 2026 at 2:30 p.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/31/2026 (lctnm1) | ||
| order Order on Motion for Leave to Appear by Telephone or Video Tue 03/31 12:40 PM MINUTE ORDER. The13 Emergency Motion for Telephonic or Videoconference Appearance at Emergency Hearing is GRANTED. Plaintiffs’ counsel may appear at today’s Hearing telephonically. Dial-in information will be sent in advance. The Court notes, however, that Plaintiffs chose to sue in this Court, as is their right. Plaintiffs’ counsel are thus admonished that they should be prepared to attend in-person hearings at this Court going forward. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/31/2026 (lctnm1) | ||
| minutes Motion Hearing ~Util – Set/Reset Deadlines/Hearings Tue 03/31 5:08 PM Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 3/31/2026 re3 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay filed by SMART APPROACHES TO MARIJUANA. Motion for Temporary Restraining Order, denied. Defendants’ Opposition to the Preliminary Injunction due by 4/9/2026. Plaintiffs’ Reply due by 4/13/2026. Preliminary Injunction Hearing set for 4/20/2026 at 10:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (Court Reporter: Jan Dickman.) (hmc) | ||
| Monday, March 30, 2026 | ||
| 4 | 30+ pgs misc Memorandum Mon 03/30 7:33 PM MEMORANDUM re3 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA.(Mighell, Connor) | |
| Att: 1 Exhibit Declaration of SAM, | ||
| Att: 2 Exhibit Declaration of Evans, | ||
| Att: 3 Exhibit Declaration of DFAF, | ||
| Att: 4 Exhibit Declaration of SOS, | ||
| Att: 5 Exhibit Declaration of DWI, | ||
| Att: 6 Exhibit Declaration of HCADA, | ||
| Att: 7 Exhibit Declaration of IFI | ||
| 3 | motion Temporary Restraining Order Preliminary Injunction Stay Mon 03/30 7:27 PM Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction , MOTION to Stay by SMART APPROACHES TO MARIJUANA.(Mighell, Connor) | |
| Att: 1 Text of Proposed Order | ||
| 2 | notice LCvR 26.1 Certificate of Disclosure – Corporate Affiliations/Financial Interests Mon 03/30 7:15 PM LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, SMART APPROACHES TO MARIJUANA (Mighell, Connor) | |
| 1 | 41 pgs cmp Complaint Mon 03/30 6:57 PM COMPLAINT for Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 405 receipt number ADCDC-12329748) filed by SMART APPROACHES TO MARIJUANA.(Mighell, Connor) | |
| Att: 1 Exhibit Exhibit A, | ||
| Att: 2 Summons Robert F. Kennedy, Jr., | ||
| Att: 3 Summons H&HS, | ||
| Att: 4 Summons Dr. Mehmet Oz, | ||
| Att: 5 Summons Medicare & Medicaid, | ||
| Att: 6 Civil Cover Sheet Civil Cover Sheet | ||
What is the CMS Program?
The CMS program regarding cannabis hemp refers to a new federal pilot initiative launched on April 1, 2026, through the Center for Medicare and Medicaid Innovation (CMMI). Formally known as the Substance Access Beneficiary Engagement Incentive (BEI), the program allows certain healthcare providers to consult with and furnish eligible hemp-derived products to Medicare patients to manage chronic conditions.
Centers for Medicare & Medicaid Services | CMS (.gov) +3
Key Program Details
- Funding and Coverage: Participating organizations can provide up to $500 per year in eligible hemp products per beneficiary at no out-of-pocket cost to the patient. Importantly, Medicare does not directly reimburse these costs; the participating healthcare groups fund the products themselves as part of a value-based care strategy.
- Eligible Products: To qualify, products must meet strict safety and federal legal standards:
- THC Limit: Must contain no more than 0.3% delta-9 THC and no more than 3 mg of total THC (including delta-8 and delta-10) per serving.
- Formulation: Restricted to orally administered forms like oils, tinctures, or capsules. Inhalable products (smokable flower or vapes) are explicitly excluded.
- Natural Only: Must contain only naturally occurring cannabinoids; synthetic or chemically altered cannabinoids are prohibited.
- Clinical Oversight: A qualified physician must oversee the patient’s use, documenting a “shared decision-making” process that includes a review of current medications to prevent dangerous interactions.Centers for Medicare & Medicaid Services | CMS (.gov) +6
Participating Models
- ACO REACH Model: For coordinated care groups; began April 1, 2026.
- Enhancing Oncology Model (EOM): Focused on cancer care; began April 1, 2026.
- Long-term Enhanced ACO Design (LEAD) Model: For independent practices; scheduled to begin January 1, 2027.Centers for Medicare & Medicaid Services | CMS (.gov) +1
The initiative aims to gather real-world data on the safety and efficacy of hemp-derived cannabinoids for symptom management, such as chronic pain, to inform future federal coverage decisions
Source Google AI
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