Cannabis News
Fired for a Positive THC Drug Test after Taking CBD
Published
2 months agoon
By
admin
The U.S. Supreme Court is about to make a crucial decision that could reshape the rules around drug testing in workplaces across the nation. The case involves a truck driver who was terminated after testing positive for THC, the psychoactive compound in marijuana, despite claiming to have only used legal cannabidiol (CBD) products. This case is gaining attention because it touches on key issues such as the fairness of drug testing, employee rights, and the evolving legal status of cannabis-related products.
The Rise of CBD and Legal Ambiguities
Understanding CBD and THC
Cannabidiol (CBD) is a non-psychoactive compound derived from the cannabis plant, often touted for its potential therapeutic benefits, including pain relief and anxiety reduction. Unlike THC, which is associated with the “high” commonly linked to marijuana use, CBD products are marketed as safe alternatives that do not impair cognitive function or motor skills. However, the legal landscape surrounding CBD is complex. The 2018 Farm Bill legalized hemp-derived CBD products at the federal level, provided they contain less than 0.3% THC. Despite this legalization, many consumers remain unaware that even trace amounts of THC can lead to positive drug tests.
The Employment Context
For commercial drivers like Horn, drug testing is not merely a workplace policy but a federal requirement governed by the Department of Transportation (DOT). The DOT mandates regular drug testing for safety-sensitive positions to ensure public safety on the roads. A positive THC test can lead to severe repercussions, including job loss and disqualification from future employment in driving roles.
Douglas Horn’s Dismissal
In 2020, Douglas Horn, a truck driver employed by a logistics company, found himself at the center of a legal battle that would ultimately reach the U.S. Supreme Court. His ordeal began when he decided to try a CBD (cannabidiol) product called Dixie X, produced by Medical Marijuana Inc., which he believed to be completely free of THC (tetrahydrocannabinol), the psychoactive compound in cannabis. This decision was motivated by Horn’s desire to manage chronic pain resulting from injuries sustained in a previous trucking accident.
Horn’s journey into the world of CBD started after he suffered significant injuries, including shoulder and hip damage, from a truck accident in 2012. In search of relief, he turned to CBD products, which were marketed as natural remedies with therapeutic benefits but without the intoxicating effects associated with THC. After researching various options, Horn purchased Dixie X, which claimed to contain “0% THC.” He felt confident in his choice, believing it would not jeopardize his job as a commercial driver, which required him to undergo regular drug testing.
However, shortly after using the product, Horn was subjected to a routine drug test mandated by his employer. To his shock and dismay, the test results came back positive for THC. This unexpected outcome led to his immediate termination from the trucking position he had held for over ten years. The loss was not just professional; it also resulted in significant financial strain for Horn and his family. His wife, who worked alongside him as a team driver, felt unsafe continuing without him and subsequently quit her job as well.
Following his termination, Douglas Horn took legal action against Medical Marijuana Inc., alleging that the company had misrepresented their product. He claimed that their advertising falsely assured consumers that Dixie X was free of THC, leading him to believe it was safe for use without risking his employment. The lawsuit was filed under the Racketeer Influenced and Corrupt Organizations (RICO) Act, a federal statute originally designed to combat organized crime.
Horn’s legal argument hinged on whether his job loss constituted harm to his “business or property,” which is a prerequisite for pursuing claims under RICO. This aspect of the case is particularly significant because it raises questions about how personal injuries can be framed within the context of business losses.
The RICO Act
The RICO Act allows individuals who have suffered injuries due to racketeering activities to sue for damages. It provides a mechanism for victims to seek triple damages if they can prove that their injury resulted from unlawful activities conducted by an organization. While traditionally associated with organized crime, RICO can also apply in civil cases where individuals claim economic harm due to fraudulent practices.
In Horn’s case, he argued that Medical Marijuana Inc.’s misleading marketing constituted racketeering activity that directly led to his job loss. He claimed that the company’s actions amounted to mail and wire fraud under RICO provisions.
Legal Proceedings and Challenges
Initially, Horn’s lawsuit faced challenges in lower courts. A federal trial judge dismissed his RICO claim, stating that it did not meet the necessary criteria for “business or property” injury as outlined in the statute. However, Horn appealed this decision, and the Second Circuit Court overturned the dismissal, allowing his case to proceed.
The appeal brought forth several critical questions regarding the interpretation of RICO and its applicability in this context:
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Definition of Harm: Did Horn’s termination from his job constitute harm to his business or property? The crux of this question lies in whether personal injuries can be reclassified as business injuries under RICO.
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Causation: Was there sufficient evidence to establish that Medical Marijuana Inc.’s actions directly caused Horn’s job loss? Establishing this link is essential for proving damages under RICO.
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Implications for Future Cases: If Horn were successful in his claim, what precedent would it set for similar cases involving CBD products and employment disputes?
Supreme Court Review
The case eventually reached the U.S. Supreme Court, where justices deliberated on whether Horn could pursue his lawsuit against Medical Marijuana Inc. under RICO. During oral arguments, several justices expressed concerns about the implications of allowing personal injury claims to be framed as business injuries under federal law.
Justice Sonia Sotomayor noted that while there are complexities involved in interpreting RICO’s provisions, establishing that Horn suffered harm to his business or property would be crucial for his case to proceed. Justice Ketanji Brown Jackson raised questions about whether Horn’s situation truly represented an injury beyond personal harm.
The manufacturers’ legal team argued that Horn’s injuries were personal and did not fall within the scope of RICO protections designed for economic harm related to business interests. They contended that allowing such claims could lead to an influx of lawsuits where personal grievances are transformed into federal issues better suited for state courts.
Conclusion
Douglas Horn’s dismissal and subsequent legal battle represent a significant moment in cannabis law and employment rights. As attitudes toward cannabis products evolve and more individuals turn to CBD for relief from various ailments, cases like Horn’s highlight the urgent need for regulatory clarity regarding product labeling and consumer protections.
The Supreme Court’s ruling on this matter will not only determine Horn’s fate but may also set important precedents affecting how similar cases are handled across the country. As we await their decision anticipated by June 2025 the implications for workers navigating employment policies amid changing cannabis laws will undoubtedly continue to unfold.
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How Much Money Could Your State Make by Legalizing Weed?
Published
14 hours agoon
December 13, 2024By
admin
As the landscape of cannabis legalization continues to evolve across the United States, a growing body of research highlights the significant financial benefits that states can reap from embracing this industry. A recent analysis reveals that states without legal cannabis are collectively missing out on nearly $5 billion in potential annual tax revenue. This staggering figure underscores not only the economic opportunities presented by a regulated cannabis market but also the costs associated with maintaining prohibition. As public opinion shifts and more states consider legalization, it is essential for policymakers to recognize both the financial potential and social responsibilities tied to this evolving landscape.
The Financial Impact of Cannabis Legalization
The Rise of Legal Cannabis Markets
Since Colorado and Washington became the first states to legalize recreational cannabis in 2012, the industry has experienced explosive growth. By 2023, legal cannabis sales in the U.S. reached approximately $30 billion, with projections suggesting that this figure could exceed $50 billion by 2026. This rapid expansion has generated substantial tax revenues for states that have embraced legalization.
Case Studies: Successful States
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California: As the largest legal cannabis market in the country, California collected over $1.08 billion in cannabis taxes in 2023 alone. These funds are allocated to various public services, including education, healthcare, and infrastructure projects.
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Colorado: Since legalizing recreational cannabis in 2014, Colorado has generated over $2 billion in tax revenue. In 2023, the state reported approximately $450 million from cannabis taxes, which are used to support public schools and mental health programs.
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Illinois: After legalizing recreational cannabis in January 2020, Illinois saw its market flourish, generating around $451 million in tax revenue during its first year. The state has continued to witness growth, with projections indicating even higher revenues as the market matures.
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Oregon: Oregon’s unique taxation structure has resulted in significant revenue generation as well. In 2022, the state collected approximately $150 million from cannabis taxes, which are directed towards education and public safety initiatives.
The Cost of Prohibition
In contrast to the financial windfall experienced by legalized states, those that maintain prohibition incur costs associated with enforcing laws against illegal markets. Law enforcement agencies spend significant resources combating illegal cultivation and distribution of cannabis, diverting funds away from other critical areas such as education and healthcare.
Economic Losses from Illegal Markets
States that prohibit cannabis often find themselves grappling with unregulated markets that thrive despite legal restrictions. These illegal markets not only undermine potential tax revenues but also pose risks to public safety. Consumers may turn to unregulated sources for their cannabis needs, exposing themselves to products that could be contaminated or unsafe.
For instance, a report by the Institute on Taxation and Economic Policy (ITEP) estimates that states could generate over $13 billion annually if they legalized and taxed recreational cannabis at rates similar to those currently employed in legalized states. This figure represents a significant loss of potential funding for essential public services.
The Social Justice Angle
The war on drugs has disproportionately affected communities of color, perpetuating historical injustices that legalization could help address. Despite similar rates of cannabis use among racial groups, Black individuals are significantly more likely to be arrested for marijuana-related offenses compared to their white counterparts.
Legalizing cannabis offers a chance to rectify these disparities through expungement programs and equitable business opportunities within the legal market. For instance, New York’s legalization framework includes provisions for social equity applicants—individuals from communities disproportionately impacted by past drug laws—allowing them access to licenses for cannabis businesses at reduced costs. This approach not only generates tax revenue but also fosters economic empowerment within marginalized communities.
Public Health Benefits
Legalizing cannabis can also lead to improved public health outcomes. By regulating the market, states can ensure product safety and quality while reducing the risks associated with unregulated consumption. Furthermore, legalization can free up law enforcement resources that can be redirected toward addressing more pressing public safety issues.
Research indicates that states with legalized medical cannabis have experienced a reduction in opioid overdose deaths—approximately a **25% decrease**—as individuals turn to cannabis as a safer alternative for managing chronic pain. This shift highlights the potential health benefits of legalization beyond mere economic gains.
Growing Momentum for Change
Public opinion regarding cannabis legalization has shifted dramatically over recent years. Recent polls show that over **60%** of Americans support legalizing recreational marijuana—a stark contrast to attitudes just a decade ago when such measures faced significant opposition. This growing acceptance is prompting more states to reconsider their positions on cannabis reform.
Legislative Developments
Several states are currently exploring or advancing legislation aimed at legalizing recreational or medicinal marijuana:
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Florida: Advocacy groups are pushing for legalization measures as public sentiment evolves; however, recent attempts have faced challenges.
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Ohio: Lawmakers are discussing potential legalization as part of budget considerations.
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Pennsylvania: Proposals for legalization are gaining traction as policymakers recognize potential economic benefits.
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Texas: Although still largely prohibitive regarding cannabis laws, there is growing momentum among lawmakers and advocacy groups advocating for reform.
Federal Legalization Prospects
The prospect of federal legalization remains a hot topic among lawmakers. If Congress were to pass legislation decriminalizing or regulating marijuana at the federal level, it could pave the way for broader acceptance and implementation across all states—potentially unlocking billions more in tax revenues nationwide.
Federal legalization would create a consistent regulatory framework across all states while allowing businesses access to banking services currently denied due to federal restrictions. This stability would promote further growth within the industry while ensuring consumer safety through standardized regulations.
Challenges Ahead
Despite positive trends toward legalization, challenges remain:
Only 24 states have legalized cannabis for adults while 19 still impose penalties for simple possession. This inconsistency creates confusion among consumers and complicates enforcement efforts across state lines.
Individuals with medical marijuana prescriptions often face uncertainties regarding their rights in the workplace. As more states move toward legalization, ongoing discussions will be necessary to balance employee rights with workplace policies while ensuring public safety remains a priority.
Concerns about increased youth access to cannabis remain prevalent among opponents of legalization; however, studies indicate little credible evidence suggesting that legalization promotes higher rates of marijuana use among teenagers. In fact, some research suggests youth usage rates may stabilize or even decline in legalized states due to better regulation and education initiatives surrounding safe consumption practices.
Conclusion
States that have not legalized cannabis are missing out on billions of dollars in annual tax revenue while incurring unnecessary enforcement costs associated with maintaining prohibition laws against illegal markets; successful case studies from states like California and Colorado demonstrate that embracing legalization not only presents an opportunity for increased revenue but also addresses historical injustices tied to past drug policies. As public opinion increasingly favors legalization and more jurisdictions explore legislative options for reforming their marijuana laws, it is crucial for policymakers in non-legal states to recognize both the economic potential inherent in this evolving landscape and their social responsibilities toward fostering justice within their communities. In summary, it is time for non-legal states to reconsider their stance on cannabis legalization not just for potential profits but also for social equity and community well-being; embracing this opportunity could lead to transformative change across numerous sectors while promoting justice and equality within society at large. By harnessing these financial resources through responsible regulatory frameworks based on principles of fairness and accountability, states can create lasting positive impacts that benefit all residents through enhanced public services and infrastructure development, paving the way for a more progressive future regarding marijuana policy reform nationwide.
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Cannabis News
Is the DEA Rigging the Cannabis Hearings like Tyson vs. Paul?
Published
20 hours agoon
December 13, 2024By
admin
In a striking turn of events in the ongoing saga of marijuana legalization in the United States, the Drug Enforcement Administration (DEA) is facing a lawsuit that raises serious questions about transparency and accountability. An attorney has accused the DEA of concealing emails related to its communications with Smart Approaches to Marijuana (SAM), a prominent anti-marijuana organization. This article delves into the details of the lawsuit, the implications of these allegations, and the broader context of marijuana policy in America.
Understanding the DEA and Its Role in Drug Policy
What is the DEA?
The DEA, established in 1973, is a federal agency tasked with enforcing drug laws and combating drug trafficking. It plays a crucial role in regulating controlled substances, including marijuana, which is classified as a Schedule I drug. This classification indicates that marijuana is considered to have a high potential for abuse and no accepted medical use—an assertion that many advocates dispute.
The Changing Landscape of Marijuana Legislation
Over recent years, public opinion on marijuana has shifted dramatically. As of 2024, numerous states have legalized cannabis for both medical and recreational use, reflecting changing societal attitudes. However, federal law remains unchanged, creating a complex legal environment where state laws often clash with federal regulations.
Spotlight on Smart Approaches to Marijuana (SAM)
Smart Approaches to Marijuana (SAM) was founded in 2013 by former Congressman Patrick Kennedy and Kevin Sabet and others who oppose marijuana legalization. The organization argues that legalizing cannabis poses risks to public health and safety, particularly for young people. SAM advocates for policies aimed at preventing substance abuse and emphasizes the need for more research into marijuana’s potential harms.
SAM’s Influence on Policy
SAM has been influential in shaping public discourse around marijuana policy. The organization has lobbied against various legalization efforts at both state and federal levels, raising concerns about addiction, mental health issues, and impaired driving associated with cannabis use. Their advocacy efforts have caught the attention of lawmakers who are cautious about fully legalizing marijuana.
The Allegations Against the DEA
The FOIA Request
The controversy began when an attorney filed a Freedom of Information Act (FOIA) request on October 29, seeking access to emails exchanged between the DEA and SAM. FOIA is designed to promote transparency by allowing individuals to request access to records from federal agencies. However, according to the attorney, the DEA failed to respond within the legally required timeframe typically 20 business days.
Claims of Concealment
The lawsuit claims that the DEA intentionally concealed communications with SAM that could reveal *ex parte* discussions—conversations that occur outside formal proceedings without all parties present. Such communications could compromise the integrity of regulatory processes, especially regarding the rescheduling of marijuana.
The attorney argues that these hidden emails might contain crucial information about how SAM’s perspectives may have influenced DEA policy decisions concerning marijuana rescheduling. Given that the DEA has been reviewing its stance on cannabis amid shifting public attitudes, these allegations carry significant weight.
The DEA’s Response
In response to these allegations, the DEA has firmly denied any wrongdoing. A spokesperson characterized the claims as “unfounded gossip,” asserting that they comply with all legal requirements regarding FOIA requests. The agency maintains that its communications with SAM were routine interactions with various stakeholders involved in drug policy discussions.
Implications of the Lawsuit
This lawsuit raises important questions about transparency within federal agencies like the DEA. If government agencies are not forthcoming with information regarding their interactions with interest groups, it can lead to public distrust and skepticism about their decision-making processes. Transparency is essential for ensuring accountability in government actions—especially in contentious areas like drug policy.
Potential Consequences for Marijuana Rescheduling
The outcome of this lawsuit could have significant implications for ongoing discussions about marijuana rescheduling. If it is revealed that SAM’s influence has played a substantial role in shaping DEA policies without proper disclosure, it could lead to calls for stricter regulations on how federal agencies interact with advocacy groups. Furthermore, this could impact debates over whether marijuana should remain classified as a Schedule I substance or be rescheduled to allow for broader medical use.
Navigating Conflicting Laws
As states continue to move toward legalization and decriminalization of marijuana, federal agencies like the DEA must navigate a rapidly changing landscape. This lawsuit highlights tensions between state-level reforms and federal enforcement policies. If federal agencies are perceived as being unduly influenced by anti-legalization groups without transparency, it could hinder progress toward more equitable drug policies.
Public Reaction and Media Coverage
Media Spotlight
The lawsuit has attracted significant media attention, reflecting widespread public interest in marijuana policy issues. Coverage has focused on both the legal aspects of the case and its broader implications for drug policy reform in America. Journalists have highlighted concerns about transparency and accountability within government agencies while also examining SAM’s role in shaping public perception.
Shifting Public Sentiment
Public sentiment regarding marijuana legalization continues to evolve. Polls indicate that a majority of Americans now support legalization for recreational use, while many others advocate for expanded access to medical cannabis. As such sentiments grow stronger, any perceived obstructionism by federal agencies can lead to increased frustration among advocates and voters alike.
The Future of Marijuana Policy
As this lawsuit unfolds, it is likely to become part of a larger narrative surrounding marijuana policy reform in America. Legal battles over cannabis regulation are expected to continue as states push back against federal prohibition while advocating for more progressive policies.
Legislative Changes on the Horizon?
In addition to ongoing litigation, there are also legislative efforts at both state and federal levels aimed at reforming marijuana laws. Discussions around comprehensive cannabis reform bills have gained traction in Congress, reflecting growing bipartisan support for addressing outdated cannabis laws.
Conclusion
The lawsuit against the DEA regarding the alleged concealment of communications with Smart Approaches to Marijuana (SAM) highlights critical issues of transparency and accountability in drug policy formulation, especially as public attitudes toward marijuana evolve and states advance legalization efforts; this case underscores the necessity for open dialogue between government entities and advocacy groups—whether pro- or anti-marijuana—to ensure that policies genuinely reflect public interests rather than hidden agendas, and as the legal battle unfolds, it is poised to shape perceptions of government integrity and future directions in U.S. cannabis policy reform. In an era where transparency is essential for fostering trust between citizens and their government, this lawsuit represents just one chapter in the ongoing narrative of how America navigates its complex relationship with cannabis, an issue that continues to evolve alongside societal values and scientific understanding; moving forward into an uncertain future regarding cannabis policy, it is clear that how these discussions are handled will significantly influence not only legal frameworks but also societal approaches to substance use and public health.
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Cannabis News
Got Lower Back Pain? Try Some Cannabis Edibles
Published
21 hours agoon
December 13, 2024By
admin
Marijuana Edibles Work Well For Lower Back Pain – Edibles Are Reliable For Long-Lasting Pain Relief
Lower back pain is a common health condition faced by many adults aged 18 and up. According to the World Health Organization, 619 million people worldwide were affected by lower back pain in 2020 alone.
Lower back pain can be challenging to treat. It can be caused by a multitude of factors, ranging from musculoskeletal causes, bad posture, an unhealthy lifestyle, obesity, injuries, stress, or medical conditions. Sometimes, more serious cases of lower back pain can be caused by fibromyalgia, arthritis, osteoporosis, or other more serious conditions.
Prompt treatment of lower back pain is critical to improving one’s quality of life, especially if it coexists with other medical conditions. The lower back plays an important role in overall function and mobility, so without treatment, lower back pain can significantly restrict movement and affect one’s abilities to exercise and do basic tasks. In addition, it’s necessary to avoid complications.
There are several treatment options available for lower back pain, including physical therapy, medications, and perhaps lifestyle changes – depending on the cause. However, researchers have found that cannabis is particularly effective at targeting an array of pain conditions – including lower back pain.
Marijuana Edibles Good For Lower Back Pain
In a recent study out of Boulder, Colorado, researchers found that THC-rich cannabis edibles worked very well for patients who suffered from lower back pain.
Investigators from the University of Colorado at Boulder analyzed the impact of three edible products: high THC, high CBD, and edibles with similar amounts of CBD and THC. They were given to 249 study participants with lower back pain, who then consumed them for 2 weeks. The researchers assessed the subjective mood and pain intensity of patients at the end of the study.
“Pain intensity following edible cannabis decreased over time across all three broadly defined product groups,” they reported. However, the most significant improvements were observed among the patients who consumed the high THC edibles, while those who consumed high CBD edibles reported “short-term tension relief”.
“These findings support the short-term analgesic effects of THC and anxiolytic effects of CBD,” the authors concluded. They also added that the findings indicate that “…edible cannabis may be a safe and suitable alternative pain therapy for those looking to substitute more traditional pain medications,” they said.
What Other Studies Say
There is a growing number of medical literature supporting the efficacy and safety of medical cannabis for treating lower back pain.
A 2018 study from Israel focused on 31 fibromyalgia (FM) patients who had lower back pain. The researchers analyzed the analgesic properties of inhaled marijuana and compared it with opioids. The patients who were given inhaled marijuana with a low THC potency (under 5%) were treated for at least 6 months. Afterwards, these patients reported that they observed greater improvement in pain when they medicated with marijuana compared to just opioids.
They also reported an improvement in their range of motion after marijuana treatment though no similar improvements were observed with opioids.
“This observational cross-over study demonstrates an advantage of MCT (medical cannabis treatment) in FM patients with LBP (lower back pain) as compared with SAT (standard analgesic therapy). Further studies randomized clinical trials should assess whether these results can be generalized to the FM population at large,” the authors concluded.
Why Edibles Work Best For Pain
While there are many products and methods available to medicate with cannabis for pain, it’s no wonder a great deal of patients prefer to use edibles. Compared to vaping, smoking, and topicals, edibles are superior when it comes to long-lasting pain relief because the cannabinoids in marijuana edibles pass through the liver.
The result is a much slower release into the bloodstream, providing patients with 4 up to 8 hours of pain relief. Whereas, other methods may only provide one to three hours of relief.
Additionally, when THC is metabolized in the liver, it’s converted into 11 hydroxy THC. This metabolite is much more potent than THC and can provide more effective pain relief. There are other benefits to edibles, too, such as the fact that the onset is gradual and more uniform, plus it poses no irritation to the lungs. After edibles, sublingual tinctures and oils aren’t too far off; their effects can also last as long as 8 hours. Other alternative products include capsules and pills,
Conclusion
Marijuana products, particularly edibles or tinctures, have been proven to be effective in helping reduce the severity of pain while one is undergoing treatment for lower back pain. The analgesic properties of THC are well-studied, though CBD isn’t far off either; depending on the patient, THC or CBD, or a dose of both, can work well to reduce pain caused by a variety of factors.
After all, cannabis interacts with the endocannabinoid system to efficiently treat inflammation and pain while promoting homeostasis. While many pharmaceutical medications actually work well at numbing pain, they fail to address the root cause, which is inflammation. Thanks to the availability of THC and CBD products now, individuals can say goodbye to lower back pain.
Depending on the severity of the condition, and whether or not other illnesses are involved, one may be able to safely medicate with marijuana to help reduce lower back pain and improve your overall quality of life. Always reach out to a medical professional with experience in treating pain with cannabis if you have questions.
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