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The Centers for Medicare & Medicaid Services is preparing to cover CBD under Medicare, while Senate Republicans are attempting to block Washington, D.C. from legalizing recreational cannabis sales. Meanwhile, Democratic lawmakers are planning to reverse the federal recriminalization of hemp THC products, and the Cato Institute has filed a brief urging the U.S. Supreme Court to consider a challenge to federal marijuana prohibition.

Feds plan to cover CBD under Medicare (Newsletter: November 28, 2025)

Nov 28, 2025

Tom Angell

Marijuana Moment



*Senate report warns DC about marijuana; Dem lawmakers’ hemp plan; Top FL
Dem says state will legalize in 2026; SCOTUS cannabis brief*

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*/ TOP THINGS TO KNOW*

The Centers for Medicare & Medicaid Services is preparing to provide
coverage for CBD in line with a proposed rule change set to be published in
the Federal Register on Friday—and Health and Human Services Secretary
Robert F. Kennedy Jr. recently discussed the policy with the head of an
organization that President Donald Trump promoted a cannabis video from.

Senate Appropriations Committee Republicans released a bill that would
continue blocking Washington, D.C. from legalizing recreational cannabis
sales and a report warning the District that “marijuana remains illegal
under Federal law, which includes enhanced penalties” for sales near
schools.

Sens. Amy Klobuchar (D-MN) and Tina Smith (D-MN), alongside Rep. Ilhan Omar
(D-MN), discussed plans to reverse the federal recriminalization of hemp
THC products before it takes effect—with Omar saying House Majority Whip
Tom Emmer (R-MN) is “amenable” to the idea.

Florida Democratic Party Chair Nikki Fried told Marijuana Moment that a new
federal ban on hemp THC products is why people “hate government”—and
predicted that voters in her state will legalize cannabis on the ballot
next year.

The Cato Institute filed a brief asking the U.S. Supreme Court to take up a
lawsuit from marijuana businesses that are challenging the
constitutionality of federal prohibition—saying it touches on whether
“Congress may wield a near-boundless commerce power to criminalize activity
that is lawful under state law and confined within a state’s borders.”

FundCanna CEO Adam Stettner argues in a new Marijuana Moment op-ed that
recriminalizing hemp THC products was an “incredibly shortsighted” move
that will “put consumers at risk, rob municipalities and states from
taxable revenue and ultimately hurt farmers nationwide.”

The Michigan Court of Claims held a hearing on a marijuana industry lawsuit
challenging the state’s newly approved cannabis tax increase.

*/ FEDERAL*

Health and Human Services Secretary Robert F. Kennedy Jr. again spoke about
wanting to see dinosaurs while taking LSD as a teenager.

The Drug Enforcement Administration promoted a podcast about culturally
tailored drug prevention programs.

Sen. Mitch McConnell (R-KY) defended his effort to recriminalize hemp THC
products, saying it is aimed at “rooting out the bad actors and protecting
the growing hemp industry.”

Former Rep. Matt Gaetz (R-FL) tweeted, “Reschedule Marijuana = Win the
Midterms.”

*/ STATES*

A Missouri court ruled that counties can collect taxes from marijuana
dispensaries in unincorporated areas but not from those within municipal
boundaries.

The U.S. Court of Appeals for the First Circuit revived lawsuits
challenging Rhode Island regulators’ marijuana social equity business
licensing system.

California announced a recall of marijuana products due to packaging and
labeling that is attractive to children.

Colorado regulators announced a recall of marijuana products with
pesticides above acceptable limits.

Oklahoma regulators announced a recall of medical cannabis products that
failed microbial testing.

Oregon regulators filed changes to rules about communications with
marijuana businesses.

A former Massachusetts marijuana regulator coauthored a journal article
titled, “Same Story, Different Seller: Teaching the Public How Cannabis
Models Driven by Profit Create the Same Injustices as Prohibition.”

Washington, D.C. officials shut down more unlicensed marijuana businesses.

The Minnesota Board of Marriage and Family Therapy heard a report on
cannabis issues.


*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*


*Learn more about our marijuana bill tracker and become a supporter on
Patreon to get access. —*

*/ LOCAL*

New York City’s mayor-elect joked about looking like he ate a cannabis
edible on his flight to meet President Donald Trump at the White House.

Evanston, Illinois officials are seeing fewer cannabis revenues to support
the city’s reparations program than expected.

*/ INTERNATIONAL*

The Canadian federal government and provinces have generated more than
C$5.4 billion in marijuana tax since legalization in late 2018.

*/ SCIENCE & HEALTH*

A study “confirms the effectiveness and good tolerability of CBD in a
real-world [developmental and epileptic encephalopathies] population,
including off-label use.”

A review concluded that “psilocybin seems to reset Default Mode Network
(DMN) activity, thereby reducing depressive symptoms with long-term and
sustainable antidepressant efficacy.”

*/ ADVOCACY, OPINION & ANALYSIS*

The Journal Gazette editorial board is calling on Indiana lawmakers to take
up medical cannabis legislation in 2026.

*/ BUSINESS*

Tilray Brands, Inc. implemented a one-for-ten reverse stock split.

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The post Feds plan to cover CBD under Medicare (Newsletter: November 28,
2025) appeared first on Marijuana Moment.

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