Medical cannabis is currently classified as a Schedule I substance under federal law.
Source: N.M. Department of Health
Many medical providers who bill Medicare, Medicaid, or commercial insurance believe they cannot discuss, evaluate or recommend patients to the Medical Cannabis Program. Several key factors contribute to this hesitation, including:
- Legal and regulatory concerns
- Lack of insurance reimbursement
- Unclear clinical guidelines
- Stigma and perceptions around cannabis
- Concerns about patient misinformation
Medical cannabis is currently classified as a Schedule I substance under federal law. Because Medicare and Medicaid are federally funded programs, medical providers may view discussing or recommending medical cannabis as a potential legal risk, even in states where it is legal. In addition, Medicare and Medicaid do not cover medical cannabis, which means medical providers are not reimbursed for cannabis-related care. Many commercial insurance plans follow CMS (Center for Medicare & Medicaid Services) guidelines, creating similar limitations.
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As a result, medical providers may feel uncertain about legal and ethical boundaries, lack sufficient education about medical cannabis, or worry about stigma associated with its use.
How patients and medical providers can work together regarding medical cannabis
Patients and medical providers can still have open conversations. During annual or follow-up appointments, patients can discuss their medical conditions and current treatments.
For example, a patient being treated for chronic pain may have tried prescription pain medicine or topical treatments without adequate relief. The patient can bring up medical cannabis as a possible option and ask their medical provider for guidance or information.
While the medical provider may not be able to directly recommend or certify medical cannabis, discussing treatment history and patient experiences can help guide next steps.
Federal Funded Clinics and Facilities
Medical providers working in federally funded facilities, such as Veterans Affairs (VA) facilities, Indian Health Services Hospitals, and other federal clinics are generally not allowed to recommend or complete applications for the Medical Cannabis Program. If one of these facilities is your primary care provider, you may still ask whether medical cannabis could be an option for your medical condition. You can also request a referral or seek out a qualified medical provider outside the federal system who can complete the medical cannabis application or enrollment. This service may require an out-of-pocket fee for you.
If you are thinking about medical cannabis as an option for your health care needs, NMDOH recommends keeping your healthcare team involved.
About the Medical Cannabis Program
The Medical Cannabis Program is committed to overcome stigma through education about cannabis and psilocybin and empower people to make the best decisions to improve their overall health and wellbeing.