The USDA recently sent out a letter to all SNAP retailers issuing clarification on SNAP benefits, listing cannabis products as ineligible items.
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On June 5, 2025, the US Department of Agriculture Food and Nutrition Service (USDA FNS), sent out a letter to all Supplemental Nutrition Assistance Program (SNAP) retailers providing clarification on cannabis products (1,2). The letter states that it “serves as a reminder that it is a program violation to accept SNAP benefits for foods and drinks containing controlled substances such as cannabis/marijuana,” (1).
Through this clarification, Administrator James C. Miller hopes that this will help with tackling “waste, fraud, and abuse,” (1,2).
Additionally, the letter contains verbiage for retailers that partake in using SNAP benefits for cannabis purchases, it states, that (1,2) “Retailers who commit program violations will face consequences which include disqualification from the ability to accept SNAP benefits, monetary penalties, fines and/or criminal prosecution.”
OFW Law (3) mentioned that the USDA FNS’s SNAP Retailer Guide (4), “fails to mention ‘marijuana,’ ‘cannabis,’ or ‘drugs’ a single time and only mentions ‘controlled substances’ once.”
“Given the inconsistencies between federal and state laws and regulations, it’s high time for FNS, FDA, and DEA to jointly hash out a plan for cannabis products in the SNAP program. In the interim, FNS’s guidance makes clear that SNAP retailers are prohibited from ‘accepting SNAP benefits for foods and drinks containing cannabis/marijuana’,” said Stewart Fried, OFW Principal.
“Your participation as a SNAP authorized retailer serves an important purpose. Retailers connect American families to nutritious food each day,” Miller said in the letter (1,5). “More than 41 million low-income people redeem their SNAP benefits at stores nationwide each month. SNAP is funded by American taxpayers and must be operated with integrity and accountability. All participating retailers must follow the SNAP rules to protect taxpayer dollars.”
Beverage Information Group mentioned that originally SNAP benefits were not listed as being able to be used on cannabis-related, cannabidiol (CBD) food and drink products (5). The organization further added that (5) “Then it was changed to list marijuana and cannabis, without mentioning CBD. Now, in the latest update posted on June 4th, it says that ‘food and drinks containing controlled substances such as cannabis/marijuana and CBD’ are ineligible.”
Included on the USDA’s website, the government entity details that “beer, wine, and liquor, cigarettes and tobacco, vitamins, medicines, and supplements, live animals, foods that are hot at point-of-sale, and non-food items,” (2) are on the ineligible list alongside CBD products.
The USDA FNS did not provide further information as to why they felt they needed to issue the letter or on how much cannabis products were being bought with SNAP benefits (2).
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