Case: Smart Approaches to Marijuana v. Kennedy

1:26-cv-01081 | U.S. District Court for the District of District of Columbia

Filed Date: March 30, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 30, 2026, multiple anti-drug organizations, the Illinois Family Institute, and a 78-year-old Medicare beneficiary filed suit in the U.S. District Court for the District of Columbia against federal health officials. The plaintiffs challenged the Centers for Medicare & Medicaid Services' (CMS) creation of the Substance Access Beneficiary Engagement Incentive (BEI) program on March 20, 2026, which distributed hemp-derived products containing delta-9 THC to Medicare beneficiaries. The complaint alleged that CMS implemented this program without required notice-and-comment rulemaking, bypassed Federal Register publication, provided only eleven days' notice, and contradicted its own April 2025 rule declaring cannabis products ineligible for Medicare coverage. Plaintiffs also claimed the BEI's allowance of up to 3 mg of THC per serving violated the 2026 Agriculture Appropriations Act's limit of 0.4 mg per container. The lawsuit sought to vacate the BEI program and obtain injunctive relief under the Administrative Procedure Act.

This case was assigned to Judge Trevor N. McFadden. On March 31, 2026, Judge McFadden denied Plaintiffs' emergency motion for a temporary restraining order. The court wrote that Plaintiffs had not yet demonstrated likely success on the merits, irreparable harm, a balance of the equities in its favor, and accord with the public interest.

This case remains ongoing.

Summary Authors

Ben Hefter (4/3/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73116101/parties/smart-approaches-to-marijuana-v-kennedy/

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Mighell, Connor William (District of Columbia)

Attorney for Defendant

Yang, Xinyu (District of Columbia)

Judge(s)

McFadden, Trevor Neil (District of Columbia)

Attorney for Plaintiff

Mighell, Connor William (District of Columbia)

Attorney for Defendant

Yang, Xinyu (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-01081	Complaint Smart Approaches to Marijuana et al. v. Kennedy et al.	March 30, 2026	March 30, 2026 Complaint
14 1:26-cv-01081	Order Smart Approaches to Marijuana et al. v. Kennedy, Jr. et al.	March 31, 2026	March 31, 2026 Order/Opinion

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73116101/smart-approaches-to-marijuana-v-kennedy/

Last updated April 20, 2026, 3:09 a.m.

ECF Number	Date	Description	Link
1	March 30, 2026	COMPLAINT for Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 405 receipt number ADCDC-12329748) filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A, # 2 Summons Robert F. Kennedy, Jr., # 3 Summons H&HS, # 4 Summons Dr. Mehmet Oz, # 5 Summons Medicare & Medicaid, # 6 Civil Cover Sheet Civil Cover Sheet)(Mighell, Connor) Modified filer on 3/31/2026 (znmw). (Entered: 03/30/2026) 1 Exhibit Exhibit A View on PACER 2 Summons Robert F. Kennedy, Jr. View on PACER 3 Summons H&HS View on PACER 4 Summons Dr. Mehmet Oz View on PACER 5 Summons Medicare & Medicaid View on PACER 6 Civil Cover Sheet Civil Cover Sheet View on PACER	Clearinghouse
2	March 30, 2026	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, SMART APPROACHES TO MARIJUANA (Mighell, Connor) (Entered: 03/30/2026)	RECAP
3	March 30, 2026	Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION to Stay by SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Text of Proposed Order)(Mighell, Connor) (Entered: 03/30/2026)	RECAP
4	March 30, 2026	MEMORANDUM re 3 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Exhibit Declaration of SAM, # 2 Exhibit Declaration of Evans, # 3 Exhibit Declaration of DFAF, # 4 Exhibit Declaration of SOS, # 5 Exhibit Declaration of DWI, # 6 Exhibit Declaration of HCADA, # 7 Exhibit Declaration of IFI)(Mighell, Connor) (Entered: 03/30/2026)	RECAP
5	March 31, 2026	SUMMONS (4) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/31/2026)	RECAP
6	March 31, 2026	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 3/31/2026. (lctnm1). (Entered: 03/31/2026)	RECAP
7	March 31, 2026	NOTICE of Appearance by Xinyu Yang on behalf of All Defendants (Yang, Xinyu) (Entered: 03/31/2026)	RECAP
8	March 31, 2026	ERRATA Complaint by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re 1 Complaint,. (Mighell, Connor) (Entered: 03/31/2026)	RECAP
9	March 31, 2026	ERRATA Motion for TRO by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re 3 Motion for TRO, Motion for Preliminary Injunction, Motion to Stay. (Mighell, Connor) (Entered: 03/31/2026)	RECAP
10	March 31, 2026	ERRATA Memo ISO Motion for TRO by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re 4 Memorandum,,,. (Mighell, Connor) (Entered: 03/31/2026)	RECAP
11	March 31, 2026	ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE filed by NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, DRUG WATCH INTERNATIONAL, CANNABIS IMPACT PREVENTION COALITION, LLC, DRUG FREE AMERICA FOUNDATION, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, DAVID EVANS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, SMART APPROACHES TO MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, ILLINOIS FAMILY INSTITUTE, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS. Related document: 1 Complaint, filed by SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Summons)(Mighell, Connor) Modified on 4/1/2026 (mg). (Entered: 03/31/2026)	RECAP
12	March 31, 2026	ERRATA Corporate Disclosure Statement by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA re 2 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests,. (Mighell, Connor) (Entered: 03/31/2026)	RECAP
13	March 31, 2026	Emergency MOTION for Leave to Appear by Telephone or Video Unopposed by CANNABIS IMPACT PREVENTION COALITION, LLC, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, DRUG FREE AMERICA FOUNDATION, DRUG WATCH INTERNATIONAL, DAVID EVANS, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, ILLINOIS FAMILY INSTITUTE, NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Text of Proposed Order)(Mighell, Connor) (Entered: 03/31/2026)	RECAP
14	March 31, 2026	ORDER denying Plaintiffs' 3 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, Motion to Stay as to the request for a temporary restraining order only. See attached Order for details. Signed by Judge Trevor N. McFadden on 3/31/2026. (lctnm1) (Entered: 03/31/2026)	Clearinghouse
	March 31, 2026	Case Assigned/Reassigned
	March 31, 2026	Notice of Error- New Case
	March 31, 2026	.Order AND ~Util - Set/Reset Hearings
	March 31, 2026	Order on Motion for Leave to Appear by Telephone or Video
	March 31, 2026	Motion Hearing AND ~Util - Set/Reset Deadlines/Hearings
	March 31, 2026	ENTERED IN ERROR.....Case Assigned to Judge Amir H. Ali. (znmw) Modified on 3/31/2026 (znmw).
	March 31, 2026	NOTICE OF NEW CASE ERROR regarding 1 Complaint,, 3 Motion. The following error(s) need correction: Invalid signature. PACER login must match signature. Active attorney must sign all documents. Please file the signed documents using the event ERRATA. Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmw) Modified to add error on 3/31/2026 (znmw).
	March 31, 2026	Case Assigned to Judge Trevor N. McFadden. (znmw)
	March 31, 2026	MINUTE ORDER. The Court is in receipt of 2 Motion for Temporary Restraining Order, Motion for Preliminary Injunction, Motion to Stay. The parties are ORDERED to appear for an in-person hearing on this Motion on March 31, 2026 at 2:30 p.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/31/2026 (lctnm1).
	March 31, 2026	MINUTE ORDER. The 13 Emergency Motion for Telephonic or Videoconference Appearance at Emergency Hearing is GRANTED. Plaintiffs' counsel may appear at today's Hearing telephonically. Dial-in information will be sent in advance. The Court notes, however, that Plaintiffs chose to sue in this Court, as is their right. Plaintiffs' counsel are thus admonished that they should be prepared to attend in-person hearings at this Court going forward. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/31/2026 (lctnm1).
	March 31, 2026	Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 3/31/2026 re 3 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION to Stay filed by SMART APPROACHES TO MARIJUANA. Motion for Temporary Restraining Order, denied. Defendants' Opposition to the Preliminary Injunction due by 4/9/2026. Plaintiffs' Reply due by 4/13/2026. Preliminary Injunction Hearing set for 4/20/2026 at 10:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (Court Reporter: Jan Dickman.) (hmc)
15	April 1, 2026	REQUEST FOR SUMMONS TO ISSUE filed by NORTH CAROLINIANS AGAINST LEGALIZING MARIJUANA, DRUG WATCH INTERNATIONAL, CANNABIS IMPACT PREVENTION COALITION, LLC, DRUG FREE AMERICA FOUNDATION, HILLSBOROUGH COUNTY ANTI-DRUG ALLIANCE, DAVID EVANS, CANNABIS INDUSTRY VICTIMS SEEKING JUSTICE, SMART APPROACHES TO MARIJUANA, SAVE OUR SOCIETY FROM DRUGS, ILLINOIS FAMILY INSTITUTE, CANNABIS INDUSTRY VICTIMS EDUCATING LITIGATORS. Related document: 1 Complaint, filed by SMART APPROACHES TO MARIJUANA. (Attachments: # 1 Summons)(Mighell, Connor) (Entered: 04/01/2026)	RECAP
	April 1, 2026	Notice of Error
	April 1, 2026	NOTICE OF ERROR regarding 11 Request for Summons to Issue,,. The following error(s) need correction: Document incomplete. Please refile to include attorney's name and address on summonses. (mg)
16	April 3, 2026	Transcript	RECAP
17	April 7, 2026	Electronic Summons Issued as to AUSA,USAG	RECAP
18	April 8, 2026	Extension of Time to File Response/Reply	RECAP
20	April 9, 2026	Notice of Appearance	RECAP
21	April 9, 2026	Dismiss	RECAP
22	April 9, 2026	Memorandum in opposition to motion	RECAP
	April 9, 2026	Order on Motion for Extension of Time to File Response/Reply
23	April 10, 2026	Miscellaneous Relief	RECAP
24	April 13, 2026	Notice of Withdrawal of Motion	RECAP
25	April 13, 2026	Amended Complaint	RECAP
26	April 13, 2026	LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests	RECAP
27	April 13, 2026	Preliminary Injunction AND Stay	RECAP
28	April 13, 2026	Memorandum	RECAP
	April 13, 2026	.Order AND ~Util - Set/Reset Deadlines/Hearings
	April 13, 2026	Order on Motion to Dismiss
29	April 14, 2026	Appear Pro Hac Vice	RECAP
	April 14, 2026	Order on Motion for Leave to Appear Pro Hac Vice

show / hide docket entries

Case Details

State / Territory:

District of Columbia

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Health Care Access

Key Dates

Filing Date: March 30, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Anti-drug coalition including multiple anti-drug organizations, the Illinois Family Institute, and a 78-year-old Medicare beneficiary

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

District of District of Columbia 1:26-cv-01081

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Benefits (Source):

Medicaid

Medicare

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Recommended Citation

Case Summary of Smart Approaches to Marijuana v. Kennedy, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/48012/ (last updated 4/3/2026).