Might Medicaid pay for weed?

President Trump this week moved to reclassify marijuana. Could it be a step toward Medicare and Medicaid paying for medical weed?

While it’s probably unlikely, the U.S. Food and Drug Administration in a statement reported that the idea is to make cannabis’ medicinal qualities more accessible to those who need it.

“The Department of Justice is delivering on President Trump’s promise to expand Americans’ access to medical treatment options,” said Acting Attorney General Todd Blanche. “This rescheduling action allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.”

According to the statement, the order “is reflective of the Department of Justice’s continued dedication to common-sense policies and the prioritization of the safety and well-being of all Americans.”

Why Medicaid can’t pay for marijuana yet

So if Trump wants to get weed into the hands of people who need it, shouldn’t Medicaid pay for it? According to LegalClarity.com, Medicaid can’t pay for marijuana because it is classified as a schedule I illegal substance. But now, the Department of Justice is working to reclassify the plant as schedule III.

Still, the plant must clear another hurdle – FDA approval. “Under the Medicaid Drug Rebate Program, a “covered outpatient drug” must be approved for safety and effectiveness by the FDA under the Federal Food, Drug, and Cosmetic Act. Marijuana flower, edibles, tinctures, and other cannabis products sold at dispensaries have never gone through the FDA approval process. They fail both tests: they are federally illegal and FDA-unapproved. The Center for Medicare Services has explicitly stated that medical marijuana and its derivatives cannot be covered by federal health programs because they are illegal substances under federal law.”

But Medicaid does pay for some marijuana derivatives

However, the reclassification means rigorous research may finally be conducted on marijuana. Such studies could reveal scientific evidence that the plant has healing qualities for certain conditions. This could lead to FDA approval.

According to LegalClarity.com, the FDA already has approved drugs with marijuana compounds, including:

“Epidiolex (cannabidiol): A purified CBD medication approved for seizures associated with Lennox-Gastaut syndrome, Dravet syndrome, and tuberous sclerosis complex in patients two years and older. The DEA originally placed Epidiolex in Schedule V after FDA approval in 2018.

“Dronabinol (Marinol, Syndros): A synthetic THC prescribed for nausea from cancer chemotherapy and appetite loss in AIDS patients.

“Nabilone (Cesamet): Another synthetic cannabinoid indicated for chemotherapy-related nausea.

According to the American Association of Retired Persons (AARP) website, in April Medicare began allowing some enrollees, including cancer patients, access to doctor-recommended products containing cannabidiol — better known as CBD.

"This doesn’t include medical marijuana, neither buds for smoking nor any inhalable products like vaporizers," AARP reported. " A chemical found in both hemp and marijuana, CBD, is now a key ingredient in cosmetics, creams, foods, lotions, oils and other products. Cannabidiol is used for general wellness and to treat anxiety, chemotherapy side effects, nausea, pain, sleeplessness and other ailments.

"The Food and Drug Administration (FDA) has approved CBD in a high-dose liquid, Epidiolex, to treat seizure disorders related to three rare, severe forms of epilepsy. Most patients who would be approved for the anticonvulsant are children and young adults, the Epilepsy Foundation says."

New legitimacy

According to Politico, the reclassification announcement this week “is one of the most consequential federal marijuana policy changes in decades and could lend new legitimacy to regulated medical marijuana programs operating in more than 40 states.”

Any move to allow Medicaid to pay for medical cannabis would be met with fierce opposition fromn the anti-marijuana lobby. But if research sheds light on the plant's medicinal qualities, public opinion about marijuana could change significantly.