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CMS EXPOSED: The “Workaround Doctrine” – How Matt Zorn’s Legal CMS Hemp Strategy Undermines the FDA

Matthew C. Zorn previously argued that federal regulators determine “accepted medical use” through the FDA approval framework. Today, he appears on behalf of the United States defending a CMS program that introduces cannabinoid furnishing into Medicare connected clinical environments without FDA validation. The contradiction raises serious policy questions: if FDA approval defines medical legitimacy under federal law, how can Medicare linked access pathways expand before that standard is met? Programs like BEI risk signaling that clinical evidence is optional – a message that directly undermines companies investing years in FDA authorized cannabinoid drug development. 

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