--- title: "EU Regulators Say Charlotte's Web Hemp CBD Safety \"Cannot Be Established\" - So Why Is It Entering Medicare?" type: "News" locale: "en" url: "https://longbridge.com/en/news/285778843.md" description: "EU regulators have deemed the safety of Charlotte's Web hemp CBD products \"cannot be established\" due to significant data gaps. Despite this, the U.S. Centers for Medicare & Medicaid Services (CMS) has launched a program allowing these products to be provided to Medicare beneficiaries without FDA approval. This has raised concerns about patient safety, especially for seniors who may be vulnerable to drug interactions. A federal lawsuit is challenging the legality of this program, questioning whether access to these products should precede scientific validation." datetime: "2026-05-08T21:30:50.000Z" locales: - [zh-CN](https://longbridge.com/zh-CN/news/285778843.md) - [en](https://longbridge.com/en/news/285778843.md) - [zh-HK](https://longbridge.com/zh-HK/news/285778843.md) --- # EU Regulators Say Charlotte's Web Hemp CBD Safety "Cannot Be Established" - So Why Is It Entering Medicare? _**"As a Federal Lawsuit Challenges the CMS Cannabinoid Program, Questions Mount Over Safety Standards, Scientific Validation, and Patient Protections" stated Duane Boise CEO MMJ International Holdings.**_ **WASHINGTON, DC / ACCESS Newswire / May 8, 2026 /** A growing conflict between international scientific findings and U.S. healthcare policy is raising urgent questions about whether Medicare beneficiaries are being exposed to cannabinoid products that have not been proven safe. In March 2026, the **European Food Safety Authority (EFSA)** issued a formal scientific rejection of Charlottes Web hemp product submission concluding that the safety of a carbon dioxide extract derived from _Cannabis sativa L._ - including products associated with leading U.S. brands - **"cannot be established."** **That conclusion was not based on politics. It was based on data.** According to EFSA, critical gaps included: - Significant portions of the product remaining uncharacterized - Lack of reliable toxicological studies on the actual material - Absence of human clinical data - Unknown allergenicity and long-term safety profile The agency's bottom line was clear: **The safety of the product could not be determined.** **Meanwhile in the United States** At nearly the same time, the Centers for Medicare & Medicaid Services (CMS) launched the **Substance Access Beneficiary Engagement Incentive (BEI)** program. The initiative allows participating healthcare providers to **discuss and furnish certain hemp, marijuana derived cannabinoid products** to Medicare beneficiaries under Innovation Center authority. Unlike traditional drug pathways, the BEI program does **not require approval from the** U.S. Food and Drug Administration. That distinction is central to a federal lawsuit now pending: **Smart Approaches to Marijuana (SAM), et al. v. Robert F. Kennedy Jr., et al.** **Case No. 1:26-cv-01081 (U.S. District Court for the District of Columbia)** **The Scientific Gap** Under the FDA framework, products intended for therapeutic use typically undergo: - Controlled clinical trials - Dose standardization - Safety and toxicology evaluation - Manufacturing and stability validation The BEI program operates outside that structure. While CMS has described the initiative as an **innovation model**, critics argue it effectively introduces products into federally funded care environments **before those scientific benchmarks are met**. **Why This Matters for Seniors** Medicare beneficiaries represent one of the most medically complex populations in the healthcare system. Many patients: - Take multiple medications (polypharmacy) - Have chronic conditions - Are more vulnerable to drug interactions Cannabinoid compounds, including THC, are known to interact with metabolic pathways such as **CYP450 enzymes**, which are involved in processing many common medications. Without controlled studies in this population, the full safety profile remains uncertain. **Rapid Supply Chain Expansion** At the same time the program launched, several companies publicly announced positioning within the emerging healthcare supply chain: - Charlotte's Web highlighted alignment with CMS guidance - Cornbread Hemp announced institutional distribution through a national group purchasing organization These developments signal rapid commercialization of a category that has **not undergone FDA drug approval review**. **A Regulatory Tension** The situation creates a notable contradiction: - International regulators say safety cannot be established - The FDA has not approved these products as medicines - Yet a federal healthcare program is enabling access within Medicare-linked systems That tension is now at the center of federal litigation. **What the Court Will Decide** In **SAM v. Kennedy (1:26-cv-01081)**, the court is evaluating whether CMS exceeded its statutory authority by introducing cannabinoid furnishing pathways without: - Formal rulemaking - Public notice and comment - FDA validation standards A ruling is expected to determine whether the program: - Proceeds as implemented - Is narrowed or modified - Or is halted pending further review **The Core Question** This debate ultimately comes down to a fundamental issue in healthcare policy: **Should access to therapeutic products come before scientific validation-** **or should science remain the gatekeeper?** **Closing Perspective** The EFSA conclusion does not ban CBD products. But it does highlight a critical reality: **The scientific evidence needed to establish safety is still incomplete.** As federal policy evolves, the question is not whether innovation should occur- but whether it should occur **before the science is fully understood**, particularly for the nation's most vulnerable patients. **CONTACT:** Madison Hisey MHisey@mmjih.com 203-231-8583 **SOURCE:** MMJ International Holdings View the original press release on ACCESS Newswire ### Related Stocks - [CWBHF.US](https://longbridge.com/en/quote/CWBHF.US.md) - [ACCS.US](https://longbridge.com/en/quote/ACCS.US.md) ## Related News & Research - [State Cannabis Companies Rushed To Apply for DEA Registration but DEA Cannot Rewrite Marijuana Federal Register Rules With a Press Statement](https://longbridge.com/en/news/286649436.md) - [Congress Orders DEA Crackdown on Intoxicating Cannabinoids While CMS Continues Expanding Medicare CBD Access](https://longbridge.com/en/news/286293062.md) - [Cannabix Marijuana Breath Test Achieves Major Milestone: Breath Collection Unit Secures UL and CSA Certifications | BLOZF Stock News](https://longbridge.com/en/news/286263935.md) - [ELFI offers new private student loan alternative for medical and healthcare students facing federal loan changes](https://longbridge.com/en/news/286929682.md) - [Lupin bets big on India's GLP-1 market & respiratory drugs](https://longbridge.com/en/news/287021542.md)