USDA Issues Formal Clarification That Cannabis Food and Beverages Are Not Eligible for SNAP Benefits

New Guidance to SNAP Retailers Reinforces Restrictions on Cannabis-Derived Products as Part of USDA Oversight Efforts

WASHINGTON, D.C.-  In a move aimed at reinforcing compliance and program integrity, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) has formally clarified that cannabis-derived food and drink products are ineligible for purchase through the Supplemental Nutrition Assistance Program (SNAP). The announcement came in a letter sent last week by FNS Administrator James C. Miller to all authorized SNAP retailers across the United States.

The letter serves as a reminder of existing rules that prohibit the purchase of products containing controlled substances, including cannabis and its derivatives, with federally issued food assistance benefits. It is the clearest and most direct communication to date from the USDA regarding cannabis-related products within the scope of SNAP policy enforcement.

USDA Says Restriction on Cannabis Products Is Part of Larger Push to Prevent SNAP Fraud and Misuse

The USDA’s letter explicitly frames the clarification as part of the agency’s commitment to preventing “waste, fraud, and abuse” within the nation’s largest nutrition assistance program. The Food and Nutrition Service, which oversees SNAP, frequently issues policy guidance and retailer communications to ensure compliance with federal laws and regulations.

Retailers authorized to accept SNAP benefits are now being warned that any violation of these rules—particularly related to the sale of cannabis-infused foods or drinks—could carry serious consequences. These may include monetary fines, program disqualification, and potential criminal prosecution, according to the letter.

SNAP Retailers Warned of Severe Penalties for Accepting Cannabis Products Under the Program

The letter emphasizes that accepting SNAP benefits for items that contain cannabis or marijuana constitutes a program violation. Retailers found guilty of such conduct face a wide range of enforcement actions, including permanent disqualification from SNAP participation, monetary penalties, and legal consequences under federal law.

Although the USDA has always maintained a list of ineligible items that includes controlled substances, this direct communication to retailers comes amid growing confusion in the marketplace. The legalization of hemp-derived cannabinoids and cannabis products at the state level has led to a proliferation of infused goods in grocery stores, wellness shops, and convenience outlets—many of which also participate in the SNAP program.

By issuing a specific warning about cannabis-derived products, the USDA appears to be preemptively addressing potential violations and reinforcing clear boundaries as the food and beverage landscape evolves.

USDA Letter Omits Specific Data or Catalyst Behind the Policy Reminder, Leaving Retailers and Consumers Speculating

Notably absent from the USDA’s letter is any information about what prompted the communication or data illustrating how frequently SNAP benefits may have been used to purchase cannabis-infused products. There is also no indication that this clarification is tied to any recent enforcement actions or investigations.

The letter instead takes a broadly preventative tone, serving as a reminder to retailers rather than a reaction to documented abuse. Still, the timing suggests the agency is taking steps to proactively reinforce rules amid increasing commercialization and normalization of cannabis-infused consumer goods.

Retailers and policy analysts are left to speculate whether the letter is in response to internal audits, consumer complaints, or isolated incidents of misuse that raised concern within USDA leadership.

CBD and Other Hemp-Derived Products Also Included on USDA’s List of SNAP-Ineligible Items

Beyond THC-infused food and drink products, the USDA’s official website includes a broader category of cannabis-adjacent goods on its list of prohibited SNAP purchases. This includes products containing cannabidiol (CBD), whether derived from hemp or marijuana, regardless of their legality under state law or availability in mainstream retail settings.

The agency classifies these items alongside others long barred from SNAP eligibility, including:

• Alcoholic beverages such as beer, wine, and liquor
  
• Cigarettes and tobacco products
  
• Vitamins, medicines, and dietary supplements
  
• Live animals (with some exceptions)
  
• Hot foods prepared at the point of sale
  
• Non-food household goods like paper products and cleaning supplies
  

This clarification reinforces that even products perceived as wellness supplements or health alternatives—such as CBD seltzers or hemp edibles—do not meet the federal definition of food for the purposes of SNAP eligibility.

Tension Between Federal Policy and State-Level Cannabis Legalization Remains Unresolved in Nutrition Programs

The USDA’s reaffirmation of cannabis product restrictions under SNAP reflects ongoing friction between federal policy and state-level legalization efforts. While dozens of states have legalized cannabis for medicinal or adult recreational use, marijuana remains classified as a Schedule I controlled substance under federal law.

This classification prohibits any federally funded program, including SNAP, from permitting the purchase of marijuana or marijuana-derived products, even when legal under state law. The same holds true for hemp-derived items like Delta-8 THC or full-spectrum CBD, many of which are now sold in stores alongside other SNAP-eligible groceries.

Retailers operating in states with legal cannabis markets must therefore maintain strict inventory and transaction controls to avoid accidental or intentional violations of SNAP policies.

USDA Likely to Maintain Status Quo Unless Federal Law Changes on Cannabis Classification

As long as marijuana remains federally illegal, the USDA is unlikely to alter its stance on SNAP eligibility for cannabis-derived products. Any significant policy shift would require either reclassification of cannabis under the Controlled Substances Act or the passage of new legislation amending the Food and Nutrition Act of 2008, which governs the structure and eligibility requirements of SNAP.

Until such changes occur, cannabis products—regardless of their state-level status—will remain off-limits for SNAP purchases. The agency’s letter reinforces this policy and signals continued vigilance in monitoring retail compliance.

Retailers and SNAP Participants Advised to Stay Informed Amid Evolving Cannabis and Nutrition Policy Landscape

As the market for cannabis-infused consumer goods continues to expand, both retailers and SNAP participants must remain vigilant and informed about the boundaries of federal benefit programs. Participation in SNAP comes with regulatory responsibilities, and the USDA has made it clear that crossing the line even inadvertently can result in steep consequences.

Retailers are advised to train staff thoroughly, maintain clear inventory labeling, and audit point-of-sale systems to prevent prohibited transactions. Consumers, meanwhile, should be aware that cannabis products regardless of form, concentration, or legality in their state cannot be purchased with SNAP benefits under current federal guidelines.