CMS’s proposed Medicare Advantage rule for 2027 includes more leeway for hemp coverage.
Hemp has low concentrations of tetrahydrocannabinol, as defined by the Agriculture Improvement Act of 2018. Under the proposal, hulled hemp seed, hemp seed protein powder and hemp seed oil that is “generally recognized as safe” by the FDA would be permitted for qualifying MA enrollees, falling under special supplemental benefits for the chronically ill.
Cannabis products with a delta-9 THC content above 0.3% are considered to be marijuana and are prohibited by CMS. The availability of products would still be subject to federal and state law, including changing hemp definitions.
Presently, the only approved hemp product allowed as a drug in the U.S. is Epidiolex, which treats seizures and is covered under Medicare Part D.
