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Cannabis on the Ballot, November 5: Florida, Nebraska, the Dakotas

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Election Day is next Tuesday, November 5. I have plenty of thoughts! Today I’ll stay in my lane, though, and focus on the cannabis state ballot measures.

The voting states this time around include Florida, Nebraska, North Dakota and South Dakota. I’m aware of one other jurisdiction is doing work around the edges– namely, Oregon’s Measure 119 on unionization for certain types of cannabis licensees (more on that one here). But today we will focus on the four “new regime” measures.

With cannabis polling so favorably nationwide, you may be wondering why only four states are voting to change the plant’s legal status. I explained in a 2021 post:

Something important to understand about cannabis legalization is that only 21 states allow citizen-approved ballot initiatives. The manner in which Colorado, Washington, Oregon, California, etc., first legalized cannabis for medical or adult use simply isn’t available in a majority of states.

See: Cannabis Ballot Measures are a Sucker’s Game: Notes from South Dakota, Mississippi, Nebraska and Florida (“Sucker’s Game”).

Because most states that can legalize cannabis via direct voter action have already done so, we are left with a few “try, try again” jurisdictions. To wit, Florida, Nebraska and the Dakotas have all had one or more bites at the apple, and each is back for more.

Florida

In late September, my colleague Fred Rocafort gave a nice summary of this one. See Florida Cannabis Legalization Vote Q&A. Fred explained:

Florida is set to vote this coming Election Day on the Marijuana Legalization Initiative, also known as Amendment 3. Voters in the Sunshine State will have the chance to amend Article X, Section 29 of the Florida Constitution to allow the possession, purchase, and use of marijuana products and marijuana accessories. The proposed initiative would also allow Medical Marijuana Treatment Centers and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute marijuana products and accessories.

For the initiative to pass, a supermajority of 60% must vote in favor, and the vote is expected to be tight.

The 60% number is an awfully high bar, and Amendment 3 polling should make proponents nervous. A CBS News/YouGov survey in May found that 56% of likely voters would vote “yes” on Amendment 3; 30% would vote “no”; and 14% remained undecided. An August poll by Florida Atlantic University also came in with a 56% “yes” rate. Again, 60% is the number we need to see here.

Florida advocates have struggled in recent times with ballot measures. In Sucker’s Game I noted:

Earlier this year, the Florida Supreme Court ruled that an adult use marijuana initiative was “misleading” after the sponsors had expended tremendous time and resources gathering 556,000 signatures. A few months later, the court ruled against the activists’ second attempt, again calling the ballot title “misleading” and conclusively barring it from statewide ballot consideration. Brutal.

I’m not aware of any litigation on Amendment 3— at least not yet. Let’s hope Florida opens up its limited medical market and we finally see what a clear majority of Floridians want in the Sunshine State.

Nebraska

Cornhuskers have two cannabis ballot measure to decide upon: Initiative Measure 437 and Initiative Measure 438. These new laws would: a) strip out penalties for qualified patients in possession of five ounces or less of medical marijuana, and b) create a Nebraska Medical Cannabis Commission to regulate and license the supply chain.

Will Nebraska’s Measures pass? It seems likely, with polling at nearly 60% in favor (only 50% is needed here). Unfortunately, the ballot measures are currently being challenged on “process” type grounds. As explained by the Nebraska Examiner:

[Secretary of State John] Evnen and John Kuehn, a former lawmaker and former State Board of Health member, are challenging tens of thousands of signatures on each petition in Lancaster County District Court. Evnen is alleging fraud and malfeasance on nearly 50,000 signatures for each petition, while Kuehn is challenging at least 17,000 signatures that he says were incorrectly validated.

The ballot sponsors last week alleged unethical conduct in the Attorney General’s Office as part of ongoing investigations involving their petitions. Lancaster County District Judge Susan Strong ruled Friday there were no ethical violations, including contacting prospective witnesses and their attorneys.

Sounds like a mess. Even worse, we may not have clarity on the outcome of this litigation until after Election Day. Trial begins today, October 29, in fact.

If the will of Nebraskans on cannabis is vitiated, it will be especially sad because that has happened once already. In Sucker’s Game, I explained:

In December of 2020, the Nebraska Supreme Court ruled that the Nebraska Secretary of State had wrongly allowed a medical marijuana initiative to qualify for the ballot. This ruling came one day before the legal deadline to certify the measure for the general ballot, and after 180,000 signatures had been gathered. In an exceedingly technical opinion, the court found that that a provision allowing for both the use and production of medical marijuana products in Nebraska were two different subjects. The result here would be funny if it weren’t true.

North Dakota

In North Dakota, voters will be asked for a third time about legalizing marijuana for recreational use. Measure 5 would make it legal for adults ages 21 and older to produce, process, sell, and use cannabis.

  • Measure 5 would appoint a state body to regulate cannabis-related businesses in North Dakota. Up to seven cannabis manufacturing facilities and eighteen dispensaries could be licensed.
  • The measure sets a maximum amount of cannabis products an adult age 21 and older could purchase in a single transaction, and would allow adults age 21 and older to grow up to three cannabis plants on their private property.
  • Cannabis consumers would not be able to use or consume cannabis products in a public place, on the grounds of a cannabis business, or in a motor vehicle, and they would be prohibited from driving under the influence of cannabis (which I’m sure they already are).

Similar measures in 2018 and 2022 failed, but this one is polling pretty well. According to the North Dakota Monitor, 45% of those surveyed favor legalization; 40% opposed; and 15% remain undecided. Here again, we need 50% or better. As a proud Fargo South High School alumnus, I hope we get there.

South Dakota

Like North Dakota, South Dakota legalized medical marijuana use a while back, but otherwise has struggled mightily with cannabis voter measures. This year, petitioners are on attempt number three to sanction adult use, via Initiated Measure 29. As to the first couple of failed attempts, in Sucker’s Game I wrote:

Last week [in 2021], the Supreme Court of South Dakota overturned a voter-approved, constitutional amendment to legalize adult use cannabis statewide. Governor Kristi Noem instigated the anti-democratic fight on social welfare grounds, although the court made its ruling on technical grounds, finding that Amendment A violated a “single-issue” initiative subject requirement. If that’s true, you’d have to wonder why Noem et al. waited until after the election results to challenge the structure of the initiative. You might also wonder how Amendment A found itself onto the ballot in the first place. Presumably, the Secretary of State had approved this submission.

This is the second time in 2021 that a state supreme court has struck down a voter-approved initiative to legalize cannabis use . . . . These outcomes are discouraging but not surprising: the South Dakota judge who first ruled against local voters was a very recent Noem appointee[.]

After that fiasco, local voters rejected a different ballot measure, Initiated Measure 27. This year, South Dakotans will be asked to consider Initiated Measure 29, which is identical to 27. It would:

  • Allow South Dakotans 21 years of age or older to possess up to two ounces of marijuana, along with six plants (12 per household), as well as 16 grams per person for concentrates and extracts.
  • Do other minor things, none of which is create an oversight authority, stores, or a cannabis licensing program.

According to the Argus Leader, this one is not polling well, with 44% approving; 51.4% opposing; and 4.6% undecided. But, you know what they say: polls are not voters. Fingers crossed that this limited measure makes it through, and sticks, and South Dakota finally gets a win on adult use cannabis.

________________

Tomorrow we plan to announce a post-election Q&A webinar on Thursday, November 7, at 12pm PST. Stay tuned for a formal announcement with registration links.



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Another Setback for Recreational Marijuana in Florida…

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In the 2024 election, Florida’s Amendment 3, which sought to legalize recreational marijuana for adults aged 21 and over, garnered 55.9% support —falling short of the 60% supermajority required for constitutional amendments in the state. This outcome has left proponents of marijuana reform contemplating the next steps to achieve legalization.

 

Understanding the Defeat of Amendment 3

Amendment 3 aimed to permit adults to possess up to three ounces of marijuana and five grams of cannabis concentrate for personal use. It also proposed allowing existing Medical Marijuana Treatment Centers to sell marijuana to adults for recreational purposes.

Despite receiving a majority vote, the amendment did not meet Florida’s stringent 60% threshold for constitutional changes.

 

Several factors likely contributed to the amendment’s defeat. Governor Ron DeSantis led a robust campaign against the measure by utilizing state funds and significant donations, including $12 million from billionaire Ken Griffin, to fund opposition efforts. The opposition’s messaging focused on concerns about public safety, potential increases in crime, and the societal impact of legalizing recreational marijuana.

 

Legal Perspectives on the Outcome

Criminal attorney Joshua Padowitz, who has extensive experience in drug-related cases, both as prosecutor and defense attorney, offers insights into the implications of the amendment’s failure. “The defeat of Amendment 3 means that individuals in Florida will continue to face criminal penalties for possession of marijuana, even in small amounts,” Padowitz explains. “This perpetuates a flawed, unjust system where non-violent offenders are subjected to legal consequences that can have lasting effects on their lives.”

 

Padowitz astutely emphasizes the need for reform, stating, “The current legal framework appears to disproportionately affect minority communities and contributes to the overburdening of our criminal justice system. Legalizing recreational marijuana could alleviate some of these issues by reducing the number of individuals prosecuted and jailed for minor drug offenses. Here in Broward County, Florida, elected State Attorney Harold Pryor has boldly and commendably enacted a policy in his office to not prosecute most minor marijuana possession cases, which effectively discourages law enforcement from pursuing these types of arrests. Unfortunately, Pryor’s forward-thinking directive is not uniform throughout the State of Florida and it remains a criminal offense, subjecting a person to a deprivation of their liberty and a criminal record if convicted.”

 

Steps Forward for Advocates of Recreational Marijuana

Despite the setback, supporters of marijuana legalization in Florida are exploring various avenues to advance their cause:

  1. Legislative Advocacy: Engaging with state legislators to introduce and support bills that decriminalize or legalize marijuana. Building coalitions with lawmakers who recognize the benefits of legalization is crucial.

  2. Public Education Campaigns: Informing the public about the benefits of legalization, including economic growth, job creation, and the potential for tax revenue. Addressing concerns about public safety and health through evidence-based information can shift public opinion.

  3. Future Ballot Initiatives: Analyzing the shortcomings of Amendment 3 to craft a more comprehensive proposal for future elections. Gathering broader support and ensuring clear, concise language can improve the chances of meeting the 60% threshold.

  4. Legal Challenges: Exploring the possibility of challenging existing marijuana laws in court, arguing that they are unconstitutional, outdated, or do not reflect current societal norms and scientific understanding.

 

The Role of Medical Marijuana Providers

Companies like Trulieve, Florida’s largest medical marijuana operator, have been significant proponents of legalization efforts. Trulieve contributed nearly $145 million to the campaign supporting Amendment 3. Their involvement underscores the potential economic benefits of a legal recreational market.

 

However, the defeat of Amendment 3 has financial implications for these companies. Following the election, cannabis stocks experienced a sharp decline, reflecting investor disappointment. This economic impact may motivate continued advocacy from industry stakeholders.

 

Public Opinion and Future Prospects

Public support for marijuana legalization has been growing nationwide. A 2023 Gallup poll indicated that approximately 70% of Americans support legalizing marijuana. In Florida, the 55.9% support for Amendment 3 demonstrates a majority favoring legalization, even if it did not meet the required threshold.

 

Advocates can leverage this support by mobilizing grassroots campaigns, engaging in community outreach, and highlighting successful legalization efforts in other states. By addressing concerns and presenting a unified, well-organized front, proponents can work towards achieving legalization in future elections.

 

Concluding Thoughts

The defeat of Florida’s Amendment 3 in the 2024 election is certainly a major setback for proponents of recreational marijuana legalization. However, the majority support it received indicates a shifting perspective among Floridians. By learning from this experience and employing strategic advocacy, public education, and legislative efforts, supporters can continue to push for reform. As attorney Joshua Padowitz encouragingly  notes, “Change is often a gradual process, but with persistent effort and a focus on justice and equity, we can move towards a legal framework that reflects the will of the people and the realities of modern society.”

 



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Margin Compression Madness – $1,000 Fine for Selling Weed at Too Low of a Price?

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A cannabis store in Revelstoke, British Columbia, has been fined $1,000 for selling products at a 50% discount, violating provincial regulations. The Liquor and Cannabis Regulation Branch (LCRB) determined that the sale breached rules against selling cannabis below cost. The penalty was issued following a hearing in October, with the fine due by November 23, 2024. This incident highlights ongoing regulatory scrutiny in the cannabis industry as it navigates complex pricing laws.

 

The trouble began when Fresh Cannabis Co. Inc., operating as Cost Cannabis, advertised a massive sale on all products and accessories, slashing prices by half. This promotion caught the attention of the LCRB after a complaint was lodged on April 22, 2024. An inspector visited the store just days later to investigate whether the store was indeed selling cannabis below the minimum prices set by the government.

 

During the inspection on April 25, the inspector asked about four specific products, and staff confirmed that their sale prices were lower than their listed prices. However, when asked for documentation regarding their purchase prices, the store could not provide it at that moment. This lack of transparency raised further concerns.

 

After a thorough investigation that included requests for sales records and inventory lists, it became clear that Cost Cannabis was selling products below both the price they paid to the provincial distributor and the wholesale price. The LCRB’s ruling emphasized that such practices could lead to public safety issues, including over-consumption and loss of control among consumers.

 

Regulations surrounding cannabis sales in British Columbia

 

The regulations surrounding cannabis sales in British Columbia are designed to create a safe and stable market. The LCRB enforces rules that prevent retailers from selling cannabis at prices lower than what they paid to ensure fair competition and consumer safety. These measures aim to deter practices that could lead to over-service or over-consumption of cannabis products.

 

In this case, Dianne Flood, a delegate from the LCRB, noted that the store should have anticipated that a blanket promotion of 50% off would raise red flags for regulators. She pointed out that there was no evidence showing that Cost Cannabis had taken steps to prevent such violations from occurring.

 

 Cost Cannabis Defense

 

Faced with the fine, Cost Cannabis admitted to violating minimum pricing rules but argued that these regulations do not effectively prevent over-service or over-consumption. They contended that the persistent presence of an illicit market—where cannabis can be purchased at significantly lower prices—poses a greater risk of unsafe consumption than licensed retailers selling below minimum prices.

 

The store highlighted that many consumers still turn to unregulated sources for their cannabis needs because of price disparities. They claimed this underground market is often more likely to contribute to public safety issues due to potentially tainted products.

 

Despite their arguments, Flood concluded that the violation had been proven and imposed a $1,000 fine—the minimum penalty for such an infraction. She stated that first-time violations could result in either a monetary penalty or a short suspension of the business’s license.

 

 Broader Industry Implications

The incident involving Cost Cannabis in Revelstoke, British Columbia, raises significant questions about pricing strategies within the province’s legal cannabis market. As retailers navigate an increasingly competitive landscape, they must find a balance between competitive pricing and regulatory compliance while addressing consumer preferences influenced by a persistent illicit market.

 

  1. The Challenge of Compliance

 

The fine imposed on Cost Cannabis for selling products at a 50% discount highlights the stringent regulations governing cannabis pricing in British Columbia. Retailers are prohibited from selling cannabis below the price they paid to the government or below the wholesale price. This regulation aims to prevent practices that could lead to over-consumption and protect public safety. However, it also creates challenges for retailers who want to attract customers in a crowded market.

 

  1. Understanding Regulatory Frameworks: Retailers must have a clear understanding of the regulations that govern their pricing strategies. Compliance with minimum pricing laws is crucial not only to avoid penalties but also to maintain their licenses and reputations. Failure to comply can result in fines, as seen in this case, and can damage consumer trust.

 

  1. Strategic Pricing Models: Developing a strategic pricing model that aligns with both regulatory requirements and market expectations is essential. Retailers should conduct thorough market analyses to understand competitor pricing and consumer behavior. This understanding can help them position their products effectively while adhering to legal standards.

 

  1. The Impact of the Illicit Market

 

The ongoing presence of the illicit cannabis market complicates pricing strategies for legal retailers. Many consumers still turn to unregulated sources for cheaper products, which can undermine the efforts of licensed stores.

 

  1. Consumer Education: Educating consumers about the benefits of purchasing from licensed retailers is vital. Legal products are subject to safety regulations and quality controls that illegal products do not adhere to. Retailers can leverage this information in their marketing strategies to encourage consumers to choose legal options over cheaper illicit alternatives.

 

  1. Advocacy for Regulatory Change: Retailers may need to advocate for changes in regulations that could help level the playing field with the illicit market. This could include lobbying for adjustments in taxation or minimum pricing laws that allow licensed stores more flexibility in their pricing strategies.

 

 

  1. Long-term Sustainability and Market Dynamics

The fine against Cost Cannabis underscores broader issues related to sustainability and competition within the cannabis industry.

 

  1. Market Stability: Maintaining stable prices is essential for the long-term viability of the legal cannabis market. If retailers engage in aggressive discounting or undercutting each other, it could lead to unsustainable business practices that harm overall profitability.

 

  1. Innovation and Differentiation: To effectively compete against both legal and illegal markets, retailers must focus on innovation and differentiation rather than solely on price competition. Offering unique product lines, exceptional customer service, or creating engaging retail experiences can help draw consumers away from cheaper alternatives.

 

  1. Building Brand Loyalty: Establishing strong brand loyalty can mitigate the impact of price competition. Retailers who cultivate relationships with their customers through loyalty programs, community involvement, and personalized service may find that consumers are willing to pay a premium for trusted products.

 

Conclusion

The $1,000 fine imposed on Cost Cannabis serves as a reminder of the challenges faced by retailers operating within British Columbia’s legal cannabis framework. As they navigate competitive pressures and regulatory requirements, incidents like this underscore the importance of compliance with provincial laws designed to protect public health and safety.

As British Columbia continues refining its approach to cannabis regulation, ongoing dialogue among regulators, retailers, and consumers will be essential in fostering a sustainable marketplace. This incident not only highlights the complexities of operating within this industry but also emphasizes the need for all stakeholders to work collaboratively toward a safer and more equitable cannabis market in Canada.

 

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BIG PHARMA RACKS UP $82 BILLION IN FINES, ARE YOU SAFE?



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Latest Trump Weed Rumor – Trump Will Federally Deschedule and Decriminalize Cannabis, but Not Legalize It

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In a recent interview, former New Jersey Governor Chris Christie made headlines by asserting that President-elect Donald Trump will pursue significant reforms in federal policies regarding marijuana and cryptocurrency. As the nation grapples with evolving attitudes toward cannabis and the burgeoning digital currency market, Christie’s predictions have ignited discussions about the potential implications of such changes on both industries. This article delves into Christie’s insights, the current state of marijuana and cryptocurrency regulations, and the broader implications of these anticipated reforms.

 

The Current Landscape of Marijuana Legislation

 

Federal vs. State Laws

Marijuana remains classified as a Schedule I substance under the Controlled Substances Act (CSA), which places it in the same category as heroin and LSD. This classification has created a complex legal landscape where states have moved to legalize cannabis for medical and recreational use, while federal law continues to impose strict prohibitions. As of now, over 30 states have legalized marijuana in some form, leading to a burgeoning industry that generates billions in revenue.

 

Challenges Faced by the Cannabis Industry

 

Despite its legality in many states, the cannabis industry faces significant hurdles due to federal restrictions. These challenges include:

  • Banking Access: Many banks are hesitant to work with cannabis businesses due to fear of federal repercussions, forcing these businesses to operate largely in cash.

  • Taxation Issues: The IRS enforces Section 280E of the tax code, which prohibits businesses engaged in illegal activities from deducting normal business expenses, leading to disproportionately high tax burdens for cannabis companies.

  • Interstate Commerce: The lack of federal legalization prevents cannabis businesses from operating across state lines, limiting their growth potential.

 

Chris Christie’s Perspective on Marijuana Reform

 

Christie, a former presidential candidate known for his tough stance on drugs during his tenure as governor, has evolved his views on marijuana over the years. In his recent statements, he emphasized that Trump is likely to pursue descheduling cannabis, which would remove it from the Schedule I classification. This move would not only provide clarity for businesses operating in legal markets but also open avenues for banking and investment.

 

Christie highlighted that descheduling would allow for a more regulated market where safety standards could be established, thus protecting consumers. He believes that this approach aligns with a growing consensus among Americans who support legalization and recognize the potential benefits of cannabis use for both medical and recreational purposes.

 

The Future of Cryptocurrency Regulation = The Rise of Cryptocurrencies

 

Cryptocurrencies have surged in popularity over the past decade, with Bitcoin leading the charge as the first decentralized digital currency. The market has expanded to include thousands of alternative coins (altcoins), each with unique features and use cases. As cryptocurrencies gain traction among investors and consumers alike, regulatory scrutiny has intensified.

 

Current Regulatory Challenges

 

The cryptocurrency market faces several regulatory challenges that hinder its growth and adoption:

 

  • Lack of Clarity: Regulatory frameworks vary significantly across states and countries, creating confusion for investors and businesses.

  • Fraud and Scams: The rapid growth of cryptocurrencies has led to an increase in fraudulent schemes targeting unsuspecting investors.

  • Consumer Protection: Without clear regulations, consumers are often left vulnerable to risks associated with volatile markets.

 

Christie’s Vision for Crypto Regulation

 

Christie believes that under Trump’s leadership, there will be an effort to find a “sweet spot” for cryptocurrency regulation balancing innovation with consumer protection. He argues that overly stringent regulations could stifle growth in this emerging sector while too little oversight could expose consumers to significant risks.

 

In his view, a balanced regulatory framework would include:

 

1. Clear Definitions: Establishing clear definitions for different types of cryptocurrencies and tokens to differentiate between securities and utility tokens.

2. Consumer Protections: Implementing measures to protect investors from fraud while promoting transparency within the market.

3. Encouraging Innovation: Creating an environment conducive to innovation by allowing startups to thrive without excessive regulatory burdens.

 

Christie’s insights reflect a growing recognition among policymakers that cryptocurrencies are here to stay and that appropriate regulations are necessary to foster growth while safeguarding consumers.

 

Implications of Proposed Reforms

 

Economic Impact

 

The potential reforms proposed by Christie could have far-reaching economic implications:

 

  • Job Creation: Legalizing marijuana at the federal level could lead to significant job creation within the cannabis industry—from cultivation and production to retail sales.

  • Investment Opportunities: Descheduling cannabis would open up investment opportunities for institutional investors who have been hesitant due to federal restrictions.

  • Boosting Local Economies: Legal cannabis markets have proven beneficial for local economies through increased tax revenues and job creation.

 

Similarly, clear regulations around cryptocurrencies could stimulate investment in blockchain technology and related industries, fostering innovation and economic growth.

 

Social Justice Considerations

 

Both marijuana legalization and sensible cryptocurrency regulations have social justice implications:

 

  • Addressing Past Injustices: Legalizing marijuana could help rectify past injustices related to drug enforcement policies that disproportionately affected marginalized communities.

  • Financial Inclusion: Cryptocurrencies offer opportunities for financial inclusion for those underserved by traditional banking systems, particularly in low-income communities.

 

Political Landscape

 

The political landscape surrounding these issues is complex. While there is bipartisan support for marijuana reform among certain lawmakers, challenges remain in overcoming entrenched opposition. Similarly, cryptocurrency regulation has garnered attention from both sides of the aisle but requires collaboration to establish effective frameworks.

 

Conclusion

 

Chris Christie’s predictions about President-elect Donald Trump’s approach to federal marijuana descheduling and cryptocurrency regulation suggest a potential shift in U.S. policy that could significantly reshape both industries. As public opinion evolves on these issues, lawmakers have an opportunity to enact meaningful reforms that promote economic growth while ensuring consumer protection. The anticipated changes could foster a more robust cannabis industry that contributes positively to the economy and addresses social justice concerns, while clear regulatory frameworks for cryptocurrencies could encourage innovation and protect consumers in the digital economy. Stakeholders in both sectors are closely watching these developments, eager to see how potential reforms might impact their futures. While the realization of Christie’s predictions remains uncertain, it’s clear that the conversation around marijuana and cryptocurrency regulation is ongoing and far from settled.

 

TRUMP 2.0 ON CANNABIS REFORM, READ ON…

TRUMP ON MARIJUANA REFORM

TRUMP 2.0 ON FEDERAL CANNABIS REFORM – WHAT DO WE KNOW?

 



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