Federal Health Shifts, Rescheduling Reversal Rhetoric & State Legislative Wins + Protections
Today’s top cannabis news reveals a dynamic policy landscape — federal healthcare inclusion, rescheduling pushback, and state reforms advancing access, protections, and medical rights.
Cannabis Policy in Forward & Backward Motion
In the span of just a few days, cannabis policy has experienced both forward‑leaning federal health recognition and striking resistance to reform. Today’s freshest headlines show the federal government embracing a Medicare CBD coverage pilot rule, while at the same time a GOP congressman publicly argues that it could take two decades for the Justice Department to reschedule marijuana — a stance that contradicts the decade‑long momentum toward federal reform following rescheduling directives. Meanwhile, within state capitols, lawmakers are advancing legalization frameworks, preserving medical program integrity, and expanding patient access in healthcare settings. From Washington to South Dakota to Hawaii, the narratives are varied but united by one thread: cannabis policy is neither static nor predictable.
Below is your comprehensive roundup of the eight most recent stories, each contextualized with takeaways you can act on.
Feds Finalize Medicare CBD Coverage Rule, Hemp Industry Says
Federal health officials have finalized a rule that could allow CBD products to be covered under Medicare as part of a pilot program, according to industry stakeholders familiar with the development. Though details are still emerging, the move represents a significant step toward integrating cannabis‑derived therapies into mainstream federal health insurance frameworks — a domain long closed to cannabinoid products.
The rule was highlighted in Marijuana Moment’s February 16 newsletter, where it was paired with other cannabis policy developments. Industry representatives say the decision reflects broader recognition of cannabinoids’ therapeutic potential, especially for conditions that disproportionately affect older Americans — including chronic pain, anxiety, and inflammatory disorders.
This rule is expected to roll out as a demonstration project, meaning that only certain populations, providers, and products may initially qualify. Nonetheless, the move signals growing federal openness to recognizing CBD within regulatory and reimbursement frameworks that were previously inaccessible.
Why It Matters
Federal insurance coverage for cannabinoids — even on a pilot basis — breaks a long-standing barrier. It could reshape patient access, drive clinical research, and influence payer policies across commercial insurance markets.
Clear Takeaways
✔ CMS finalized a Medicare pilot rule to cover CBD products.
✔ This could expand access for older and medically complex patients.
✔ The rule may influence wider acceptance of cannabinoid therapies in healthcare.
GOP Congressman: DOJ Should Take ~20 Years to Reschedule Marijuana
In a surprising divergence from recent federal momentum, a Republican congressman publicly argued that the Department of Justice should take “about 20 years” to complete the marijuana rescheduling process. The official’s comments, shared in a Marijuana Moment political roundup, highlight a faction of lawmakers who resist the push to move cannabis out of Schedule I of the Controlled Substances Act — a change widely expected after recent executive action and policy signals.
This stance stands in contrast to efforts from other members of Congress and advocacy groups pushing for swift rescheduling or full descheduling, citing scientific evidence of medical utility and the desire to align federal law with state legalization trends. Rescheduling has been stalled for months despite executive directives and procedural steps initiated in 2024–2025.
Why It Matters
The congressman’s remarks underscore that federal reform is far from certain, even as administrative processes and public opinion trend toward more permissive cannabis policy. If influential members of Congress back extended timeframes, it could stall legislative and regulatory progress.
Clear Takeaways
✔ A GOP lawmaker says DOJ should delay cannabis rescheduling for ~20 years.
✔ This reveals ongoing political resistance at the federal level.
✔ Rescheduling timelines remain uncertain and contested.
Virginia Lawmakers Approve Marijuana Sales Legalization & Resentencing Bills
Virginia legislators have moved forward with landmark bills legalizing adult‑use marijuana sales and establishing resentencing pathways for people with prior cannabis convictions. The dual package of measures was approved by the state’s General Assembly and reflects the culmination of years of advocacy aimed at creating a regulated marijuana market while addressing historic equity concerns.
The legalization bill lays out a regulatory framework intended to allow adult sales to begin within a defined future timeline, while the resentencing legislation provides a mechanism for people with past marijuana convictions to pursue relief — a key equity component of modern cannabis policy.
Why It Matters
Virginia’s actions bring the state closer to implementing one of the comprehensive legalization markets in the mid‑Atlantic region, combining economic opportunity with social justice reforms.
Clear Takeaways
✔ Virginia lawmakers approved marijuana sales and resentencing legislation.
✔ The state is positioned to launch a regulated adult‑use market.
✔ Equity and criminal justice reform are core components of the package.
South Dakota Senators Reject Bills to Repeal Medical Marijuana Program After Rescheduling
South Dakota lawmakers in a key Senate committee recently voted down proposals that would have dismantled the state’s medical marijuana program if cannabis is federally rescheduled. They also rejected a separate measure to impose strict THC potency caps on therapeutic products — a move that advocates said would restrict patient options without clear medical justification.
The rejection preserves the status quo and reflects legislative support for maintaining patient access even if federal law changes. It also signals skepticism about broad potency limits that could shrink product availability or steer consumers toward unregulated markets.
Why It Matters
This vote protects South Dakota’s medical cannabis access from rollback tied to federal reform, reinforcing that state programs can operate independently of federal scheduling outcomes.
Clear Takeaways
✔ South Dakota senators rejected medical program repeal tied to federal rescheduling.
✔ Proposed THC potency caps were also defeated.
✔ The decision safeguards patient access.
Hawaii Lawmakers Approve Medical Marijuana Use in Health Facilities
Hawaii lawmakers have advanced legislation that would allow qualifying medical marijuana patients to use their medicine at health facilities such as hospitals, hospices, and nursing homes. The bill’s passage through committee marks a meaningful expansion of patient rights, aligning legal protections with real‑world needs for symptom management in clinical settings.
Under the measure, facilities would be required to adopt specific policies and safeguards — including secure storage and consumption procedures — while still permitting patients to use their legally obtained cannabis. Supporters argue this reform reduces barriers for patients who previously had to choose between effective symptom relief and compliance with facility rules.
Why It Matters
Expanding in‑facility use addresses a longstanding gap in medical cannabis access, emphasizing humane care standards and aligning legal frameworks with healthcare realities.
Clear Takeaways
✔ Hawaii advanced a bill to allow medical marijuana use in health facilities.
✔ The measure balances patient access with safety protocols.
✔ It reflects growing national attention on patient‑centric cannabis reform.
FDA Head Discusses Cannabis Benefits & Concerns
In a recent Marijuana Moment newsletter briefing, the head of the Food and Drug Administration outlined the agency’s evolving perspective on cannabis — acknowledging both potential therapeutic benefits and significant concerns, particularly related to youth exposure, product safety, and evidence gaps.
While not a formal regulatory announcement, the remarks underscore that FDA officials are increasingly engaging with scientific data that suggests positive outcomes for certain conditions while remaining cautious about risks.
Why It Matters
FDA framing influences federal policy debates, research priorities, and public perception. As cannabis continues to attract clinical research interest, the agency’s stance will shape future legislative and regulatory conversations.
Clear Takeaways
✔ The FDA acknowledges cannabis’ potential benefits.
✔ Officials stress ongoing concerns over safety and youth use.
✔ The remarks may signal increased agency engagement with cannabis research.
Cannabis Businesses’ Lawsuit Against Feds Is Dismissed
A group of state‑legal cannabis businesses recently had their federal lawsuit challenging U.S. Customs and Border Protection’s seizures of marijuana products dismissed by a federal judge, according to Marijuana Moment reporting. The lawsuit alleged that CBP unlawfully seized products that were legal under state law.
Why It Matters
This decision reinforces federal authority over interstate and international enforcement, even as states legalize and regulate cannabis internally. It highlights persistent tensions between state programs and federal enforcement powers.
Clear Takeaways
✔ A federal judge dismissed cannabis businesses’ lawsuit over CBP seizures.
✔ Federal authority remains dominant in cross‑border cannabis enforcement.
✔ Operators face ongoing legal risks despite state compliance.
Cannabis Not a “Priority” for Trump DOJ, GOP Lawmaker Says
In earlier Marijuana Moment coverage, a GOP lawmaker stated that the Justice Department under the current administration does not treat cannabis rescheduling as a priority — aligning with comments suggesting extended timelines or limited enforcement focus.
Why It Matters
This reinforces uncertainty around federal policy direction and rescheduling momentum — even as administrative actions and federal healthcare experiments move forward in other areas.
Clear Takeaways
✔ A GOP lawmaker said DOJ sees cannabis as a low priority.
✔ This contributes to confusion around federal reform timelines.
✔ Rescheduling progress remains mixed and contested.
Progress + Pushback = Policy in Motion
This latest news cycle underscores how cannabis policy rarely moves in a straight line. Federal health rulemaking is progressing, even as rescheduling faces rhetoric pushing it backward. Meanwhile, state legislatures are carving out reforms that expand access and protect patients. As we move through 2026, watch for how state innovation, federal regulation, and political resistance intersect to shape the next phase of cannabis law.