Free Guide to Medicare and Medical Marijuana Coverage

How Medicare Coverage Works and What Medical Marijuana Is

Medicare is a federal health insurance program run by the Centers for Medicare & Medicaid Services (CMS). It primarily covers people age 65 and older, though some younger people with disabilities or end-stage renal disease may also be covered. Medicare has four main parts: Part A covers hospital stays, Part B covers doctor visits and outpatient services, Part D covers prescription drugs, and Part C is an alternative managed care option.

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Medical marijuana refers to cannabis plants or cannabis-derived medicines prescribed by doctors to treat certain medical conditions. Unlike recreational marijuana, which is legal in some states for any adult to use, medical marijuana is intended for patients with specific diagnoses. The types of conditions that may qualify vary significantly by state. Some states recognize chronic pain, cancer, epilepsy, multiple sclerosis, PTSD, and other conditions as appropriate for medical marijuana treatment. Other states have much more limited lists.

It's important to understand that marijuana remains classified as a Schedule I controlled substance under federal law, meaning the federal government does not recognize it as having accepted medical use. This creates a significant conflict between federal law and many state laws. Because of this federal classification, Medicare—a federal program—does not cover marijuana in any form, whether smoked, vaporized, eaten, or taken as an oil. This is true even in states where medical marijuana is legal.

The practical takeaway: Before exploring medical marijuana options, understand that Medicare will not pay for it. However, some state-run Medicaid programs have begun covering medical marijuana in limited circumstances, and some patients pay out of pocket. Knowing the difference between federal and state rules helps you understand your coverage options.

Federal Law vs. State Law: Why the Conflict Matters

The United States has a complex system where both federal and state governments create laws. When federal and state laws conflict, federal law typically takes priority for programs run by the federal government. This creates a real problem for Medicare beneficiaries living in states where medical marijuana is legal.

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As of 2024, 38 states plus the District of Columbia have legalized medical marijuana. In these states, doctors can recommend marijuana to patients, and patients can legally purchase it from licensed dispensaries. State tax revenue from medical marijuana sales reached approximately $8.3 billion in 2023. Despite this legal status at the state level, Medicare—which is controlled by the federal government—maintains its position that marijuana is not a covered medication.

The situation is different with Medicaid, which is jointly funded by federal and state governments. Individual states have more flexibility to make their own coverage decisions. As of early 2024, a small number of state Medicaid programs have begun covering medical marijuana, though usually with strict limitations. For example, some states may cover it only for specific conditions like chemotherapy-related nausea or epilepsy. Other states cover it more broadly. This means your coverage depends on which state you live in and which program you're enrolled in.

Some members of Congress have introduced bills to change marijuana's federal status or to allow Medicare to cover it, but as of now, no such changes have passed into law. The STATES Act and similar legislation have been proposed but have not advanced significantly.

The practical takeaway: Check your specific state's Medicaid rules if you're on both Medicare and Medicaid (sometimes called "dual eligible"). If you're only on Medicare Part A or Part B, understand that federal law prevents Medicare from covering medical marijuana, regardless of your state's laws. State-specific research is essential.

What Medicare Does and Doesn't Cover Related to Cannabis

Medicare's coverage rules are clear when it comes to marijuana itself: it does not cover marijuana in any form. This includes dried flower, oils, tinctures, edibles, capsules, or any other preparation containing cannabis or cannabinoids derived from the marijuana plant. The Medicare Benefit Policy Manual explicitly excludes marijuana from coverage because it remains a Schedule I drug under the Controlled Substances Act.

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However, Medicare's position on cannabis-derived medications is more nuanced. In June 2023, the FDA approved Epidiolex, a purified cannabidiol (CBD) medication used to treat certain rare seizure disorders (Dravet syndrome, Lennox-Gastaut syndrome, and tuberous sclerosis complex). Because Epidiolex is an FDA-approved pharmaceutical medication—not marijuana—it can theoretically be covered by Medicare Part D if a beneficiary's plan includes it. Some Medicare drug plans do cover Epidiolex, though coverage varies. You would need to check your specific Part D plan's formulary (its list of covered drugs).

Similarly, dronabinol (Marinol) and nabilone (Cesamet) are FDA-approved medications that contain synthetic cannabinoids. These are legal pharmaceuticals that Medicare Part D may cover. Dronabinol is used to treat nausea and vomiting related to cancer chemotherapy and to stimulate appetite in HIV/AIDS patients. Nabilone is also used for chemotherapy-related nausea. Unlike marijuana itself, these synthetic versions may appear on Medicare Part D formularies. However, coverage is not guaranteed and depends on your specific plan.

Medicare Part B covers doctor visits where your physician might discuss cannabis with you, but the visit itself and any medical management of conditions you might treat with cannabis is covered under standard Part B rules—not because of marijuana use. If you're hospitalized (Part A) or need emergency care, those services are covered; the fact that you use or want to use medical marijuana doesn't change your hospital coverage.

The practical takeaway: Ask your Medicare Part D plan administrator whether Epidiolex, dronabinol, or nabilone are covered under your specific plan. These are the only cannabis-related products that might be covered. For marijuana itself purchased from a dispensary, you'll need to pay out of pocket, even in states where it's legal.

State Medicaid Programs and Medical Marijuana Coverage

Medicaid is jointly funded by federal and state governments, and states have significant flexibility in determining what services and medications they cover. This has created a patchwork of coverage across the country. Some states' Medicaid programs have chosen to cover medical marijuana, while others have not.

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As of early 2024, the following states' Medicaid programs cover medical marijuana in some capacity: Delaware, Illinois, Louisiana, Minnesota, Missouri, Montana, New Hampshire, New Mexico, New York, Ohio, Rhode Island, and Vermont. However, the scope of coverage varies significantly. Some states cover it only for specific conditions, such as cancer-related pain or epilepsy. Others have broader coverage. Some require the patient to have tried other treatments first. Others set strict limits on the amount or form of cannabis that's covered.

For example, New Mexico's Medicaid program covers medical cannabis for any condition for which a healthcare provider recommends it, making it one of the broader programs. In contrast, Louisiana's Medicaid program is much more restricted, covering only specific conditions and requiring prior approval. Missouri covers medical marijuana for any condition a doctor recommends, similar to New Mexico's approach.

To find out if your state's Medicaid program covers medical marijuana, you would need to contact your state Medicaid agency directly or visit your state's Medicaid website. The type of coverage, the conditions it covers, and any prior approval requirements vary by state.

An important note: If you're a Medicare beneficiary but also low-income enough to qualify for both Medicare and Medicaid (called "dual eligible"), you might have Medicaid coverage that Medicare doesn't provide. However, dual-eligible people are typically enrolled in special programs called Medicare-Medicaid Plans (MMPs) or D-SNPs (Dual Eligible Special Needs Plans), which have their own rules. Coverage for medical marijuana in these plans would follow each state's Medicaid rules, not Medicare's rules.

The practical takeaway: If you live in a state that has legalized medical marijuana, contact your state Medicaid office to learn whether coverage is available and what conditions are covered. If you're dual-eligible, ask your plan directly whether medical marijuana is a covered service.

Understanding the Cost of Medical Marijuana Outside of Insurance

Because Medicare doesn't cover medical marijuana and most state Medicaid programs don't either, many patients who want to use it must pay out of pocket. Understanding the costs involved can help you plan financially if you're considering medical marijuana treatment.

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The cost of medical marijuana varies significantly by state, product type, and location. According to pricing data from various cannabis market research firms, the average price for dried cannabis flower