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Is Federal Marijuana Prohibition Unconstitutional Now That States Have Legalized Cannabis?

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A coalition of marijuana businesses, supported by influential law firms, has initiated a lawsuit aimed at challenging the federal government’s continued prohibition of cannabis. These companies argue that upholding cannabis prohibition in states with legalized cannabis markets is unconstitutional, resulting in public safety concerns and preventing these businesses from accessing essential financial services and tax deductions. The lawsuit, filed in the U.S. District Court for the District of Massachusetts, is led by multi-state operator Verano Holdings Corp., Massachusetts-based cannabis businesses Canna Provisions and Wiseacre Farm, and Treevit CEO Gyasi Sellers. Prominent marijuana industry players, including Ascend Wellness Holdings, TerrAscend, Green Thumb Industries, Eminence Capital, and Poseidon Investment Management back them. The legal representation is provided by law firms Boies Schiller Flexner and Lesser, Newman, Aleo & Nasser LLP.

 

Challenging Constitutional Grounds

 

The lawsuit takes a bold stance by challenging the constitutionality of maintaining federal cannabis prohibition in states with legalized marijuana markets. It argues that the federal government’s initial justifications for banning intrastate marijuana commerce under the Controlled Substances Act (CSA) are no longer valid. The complaint asserts that Congress’s original intent behind the CSA was to eliminate interstate commerce related to cannabis. However, as an increasing number of states have embraced cannabis legalization, the federal government’s focus has shifted. They have, in essence, abandoned their mission to eradicate intrastate marijuana commerce.

 

The lawsuit contends that this outdated, inconsistent, and irrational approach to marijuana regulation provides no constitutional basis for Congress to continue regulating intrastate marijuana commerce. The legal action builds on the assertion that Congress has authority over interstate commerce but lacks the general police power to regulate marijuana grown, transported, and distributed intrastate. It invokes the Commerce Clause and the Necessary and Proper Clause of the Constitution to argue that Congress’s overreach violates state sovereignty.

 

This section of the lawsuit highlights the evolving landscape of marijuana legislation, which has seen Congress annually renew an appropriations rider that prevents the Justice Department from interfering in state medical cannabis programs. Additionally, attorneys general from various administrations have expressed disinterest in criminalising marijuana-related activities sanctioned by the states. The lawsuit characterizes the federal government’s approach as inconsistent, patchy, and inappropriate, ultimately challenging its legitimacy in continuing to treat cannabis as a federal crime.

 

These legal arguments align with the sentiments expressed by Supreme Court Justice Clarence Thomas, who, in 2021, criticized the contradictory and unstable state-federal marijuana policy conflicts and the federal government’s “half-in, half-out” stance on the matter. This part of the lawsuit seeks to bring clarity to the constitutional framework surrounding cannabis regulation and push for a reconsideration of the federal government’s role in intrastate marijuana commerce.

 

Financial Implications and Public Safety Risks

 

The second crucial aspect of this lawsuit underscores the significant financial challenges faced by state-regulated marijuana businesses due to federal prohibition. The difficulty of small enterprises to obtain crucial financial services, credit cards, and federal tax deductions under IRS rule 280E is at the heart of the problem. This financial exclusion has far-reaching implications for enterprises, public safety and consumer choice.

 

The lawsuit contends that the lack of access to traditional banking services forces state-regulated marijuana businesses to rely heavily on cash transactions. This practice poses serious public safety risks. State-regulated marijuana dispensaries have become targets for robberies due to their cash-centric operations. These incidents result in higher operating costs for these businesses and reduce consumer participation in state-regulated marijuana markets. This, in turn, leads to reduced innovation and a limited range of choices for consumers in the cannabis industry.

 

The financial burdens imposed on these businesses are further exacerbated by the federal government’s discriminatory tax policies. The inability to claim federal tax deductions available to other industries under IRS code 280E places an additional financial strain on state-legal cannabis businesses.

 

In essence, this section of the lawsuit highlights the practical and real-world implications of federal cannabis prohibition. It illustrates how these financial challenges not only hamper the growth and viability of the cannabis industry but also affect public safety, as the cash-based nature of these businesses creates an environment conducive to crime. The plaintiffs argue that the federal government’s continued prohibition perpetuates these issues and serves as a roadblock to the responsible, regulated growth of state-legal marijuana businesses.

 

Impacts on State Sovereignty and Low-Income Communities

 

Another critical dimension of the lawsuit delves into how the federal prohibition of cannabis intrastate commerce affects state sovereignty and, in particular, low-income communities. The lawsuit contends that the federal government’s stance is detrimental to states, their citizens, and, importantly, the plaintiffs involved.

 

The federal government portrays the prohibition on the intrastate sale of marijuana as an “unconstitutional imposition on state sovereignty.” It contends that although Congress can control marijuana’s interstate commerce, it cannot control how the drug is grown, distributed, carried, or sold inside state lines. In this part of the lawsuit, the federal government’s overreach is highlighted, and its right to meddle in state-regulated marijuana markets is contested.

 

The impact on low-income areas is also underlined. One significant consequence of the federal prohibition is that it precludes cannabis products from being delivered to public housing units in states where cannabis is allowed. This approach is portrayed as harmful to both states and their inhabitants, particularly those from economically disadvantaged backgrounds.

 

The lawsuit underscores how these consequences disproportionately affect marginalised communities and hinder the growth of small, state-legal marijuana businesses. It argues that the federal government’s continued prohibition perpetuates inequality and restricts access to essential financial support and regulatory advantages.

 

Ultimately, this section of the lawsuit underscores the broader social and economic implications of the federal ban on intrastate cannabis commerce, calling for a reconsideration of this policy to ensure equitable access to cannabis products and the promotion of responsible, regulated markets.

 

Bottom Line

 

The lawsuit filed by a coalition of marijuana businesses challenging the federal prohibition of cannabis in states with legalized markets is a pivotal legal battle with the potential to reshape the cannabis industry and state-federal relations. Their arguments, spanning from the constitutionality of federal intervention to practical implications for businesses and marginalized communities, highlight the complex and evolving nature of cannabis regulation in the United States. With influential law firms and industry players backing their cause, this lawsuit represents a determined effort to address the disparities and inconsistencies perpetuated by federal cannabis prohibition, ultimately seeking to ensure equitable access to cannabis products and promote responsible, regulated markets while challenging the federal government’s historical stance on intrastate marijuana commerce.

 

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Why are Women Buying So Much Weed?

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The conversation surrounding marijuana has transformed significantly over the past decade, particularly as legalization spreads across various regions. As societal attitudes shift, more women are exploring cannabis not just for recreational use but for its potential health and wellness benefits. A recent poll reveals that these benefits are a primary draw for women, while price remains a pivotal concern. This article delves into the reasons why women are increasingly turning to marijuana, the specific health benefits they seek, and the implications of pricing in this evolving market.

 

The Growing Interest in Cannabis Among Women

Historically, marijuana has been associated with negative stereotypes and stigma. However, as research highlights its medicinal properties, perceptions are changing. Women are at the forefront of this shift, seeking alternatives to traditional medications for managing health issues. The increasing acceptance of cannabis is reflected in various surveys indicating that women are more likely than men to use marijuana for therapeutic purposes.

 

Demographic Trends

 

Women aged 25-45 represent one of the fastest-growing segments of cannabis users. This demographic often seeks solutions for stress relief, chronic pain management, and mental health support—issues that significantly impact their quality of life. As more women become informed about the potential benefits of cannabis, their willingness to incorporate it into their wellness routines grows.

 

Health and Wellness Benefits of Marijuana

 

 1. Pain Relief

 

One of the most compelling reasons women turn to marijuana is for pain management. Cannabinoids, such as THC and CBD, interact with the body’s endocannabinoid system to help modulate pain perception. Conditions like endometriosis, fibromyalgia, and arthritis disproportionately affect women, making effective pain relief essential.

 

Studies have shown that medical marijuana can significantly reduce chronic pain symptoms. For instance, a study published in the *Journal of Pain Research* found that patients using medical cannabis reported a 64% reduction in pain. This evidence resonates with women seeking alternatives to opioids, which carry risks of addiction and adverse side effects.

 

 2. Anxiety Reduction

 

Anxiety is a prevalent issue among women, often exacerbated by societal pressures and responsibilities. Cannabis has been studied for its anxiolytic properties, making it an attractive option for those looking to manage anxiety without relying on prescription medications.

CBD is particularly noteworthy for its potential to alleviate anxiety without producing psychoactive effects. Research published in The Permanente Journal found that 79% of participants experienced reduced anxiety levels after using CBD oil. This finding is significant for women who may be hesitant to use THC-dominant products due to concerns about psychoactivity.

 

3. Improved Sleep Quality

 

Many women struggle with sleep disorders due to hormonal fluctuations, stress, or lifestyle factors. Cannabis has been shown to improve sleep quality by promoting relaxation and reducing anxiety.

A study from the University of Colorado Boulder indicated that participants who used cannabis before bedtime reported better sleep quality compared to those who did not use it. This is particularly relevant for women juggling multiple responsibilities that can interfere with restful sleep.

 

4. Menstrual Health Support

 

Menstrual discomfort is another area where many women find relief through cannabis use. The muscle-relaxing properties of marijuana can alleviate cramps and other menstrual symptoms.

While more research is needed in this area, many women report finding relief from menstrual symptoms through cannabis use. Some companies have developed products specifically targeting menstrual discomfort, such as CBD-infused creams and edibles designed for this purpose.

 

The Appeal of Natural Remedies

 

A Shift Toward Holistic Health Approaches

The growing interest in natural remedies reflects a broader trend toward holistic health among women. Many are seeking alternatives to traditional pharmaceuticals due to concerns about side effects and long-term dependency on medications. Cannabis is often viewed as a natural option that can provide relief without the risks associated with conventional treatments.

 

Empowerment Through Self-Care

The rise of self-care culture empowers women to take control of their health choices actively. By choosing cannabis as a wellness tool, many feel they are making informed decisions about their bodies and well-being an essential aspect of fostering a positive relationship with health management.

 

Pricing: A Barrier to Access

Despite the numerous benefits associated with marijuana use among women, price remains a significant barrier to access. As the market evolves with increased competition among producers, understanding pricing dynamics becomes crucial for both consumers and businesses.

 

 

The cost of cannabis products can vary widely based on factors such as location, product type (flower vs. edibles vs. concentrates), and quality. High prices can deter many women from trying or continuing to use cannabis for therapeutic purposes.

 

 

As of late 2023, average prices for cannabis products have fluctuated due to market changes. In some legal states, prices have dropped significantly averaging around $5 per gram which could enhance accessibility for consumers. However, premium products often command much higher prices.

 

The Impact of Legalization on Pricing

 

Legalization has led to increased competition among dispensaries and growers, which can drive prices down over time. However, taxes imposed on legal cannabis sales can also contribute to higher retail prices. Women seeking affordable options may find themselves navigating a complex landscape where product quality must be weighed against cost.

 

The Future Landscape of Cannabis Use Among Women

 

Increasing Acceptance and Education

 

As research continues to highlight the benefits of marijuana for various health issues, acceptance among women is likely to grow further. Education plays a critical role in this process; as more information becomes available about safe usage practices and product options tailored specifically for women’s health needs.

 

Tailored Products for Women’s Health

 

The cannabis industry is beginning to recognize the unique needs of female consumers by developing products specifically designed for women’s health issues from menstrual relief products infused with CBD to formulations aimed at reducing anxiety or enhancing sleep quality.

 

Market Trends Indicating Growth

 

Market trends indicate an increasing demand for female-focused cannabis products. Companies are starting to create brands that cater specifically to women’s wellness needs offering everything from tinctures designed for hormonal balance to edibles aimed at stress relief.

 

Conclusion

The growing interest among women in the health and wellness benefits of marijuana underscores a significant shift in societal attitudes toward this once-stigmatized plant, with its potential applications ranging from pain management to anxiety relief and menstrual health support, making cannabis an appealing alternative for those seeking natural remedies; however, pricing remains a critical concern that cannot be overlooked, as addressing affordability will be essential in ensuring that all consumers can access these beneficial products amidst an evolving market characterized by increased competition and changing regulations. Ultimately, education about both the benefits and costs associated with cannabis use will empower women—and all consumers—to make informed decisions regarding their health choices, highlighting that both awareness and accessibility will play vital roles in shaping the future landscape of cannabis consumption among women, a landscape defined by empowerment through informed self-care practices.

 

FEMALE CONSUMERS BUYING WEED, READ ON…

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FEMALES AGED 19 TO 30 ARE BUYING MARIJUANA AT A RECORD PACE!

 



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True or False, Matt Gaetz, Trump’s Pick for Attorney General, Will Legalize Marijuana in America?

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The winds of change are blowing through the cannabis landscape once again, and this time they’re coming from an unexpected direction. As we stand on the precipice of what could be a transformative period for cannabis policy in America, the appointment of Matt Gaetz as Attorney General under Trump’s incoming administration has raised both eyebrows and hopes across the cannabis community.

For those who remember the dark days of Jeff Sessions’ tenure as AG, when federal prosecutors were given free rein to interfere with state-legal cannabis operations, Gaetz represents a dramatic shift in perspective. Unlike his would-be predecessor, the Florida congressman has consistently supported cannabis reform, even voting in favor of federal legalization through the MORE Act – a rare stance among his Republican colleagues.

But before we break out the celebratory pre-rolls, it’s worth taking a closer look at what Gaetz’s appointment might really mean for the future of cannabis in America. While some industry veterans fear that any Trump administration will inevitably spell trouble for progress, others see reason for optimism. After all, Gaetz isn’t just cannabis-friendly by Republican standards – he’s been actively pushing for reform throughout his political career, from his time in the Florida legislature to his current role in Congress.

As someone who’s watched the evolution of cannabis policy for years, I find myself intrigued by this unexpected turn of events. Could a Trump-appointed, pro-legalization Attorney General be the key to finally ending federal prohibition? Or will the realities of partisan politics and bureaucratic inertia continue to keep cannabis in legal limbo?

In this article, we’ll dig deep into Matt Gaetz’s background, examine his track record on cannabis policy, and analyze what his potential appointment as Attorney General could mean for the future of legalization in America. Whether you’re a cannabis advocate, industry professional, or simply a curious observer, understanding this pivotal moment in cannabis politics has never been more important.

 

 

To be completely honest, before writing this article, I couldn’t have told you much about Matt Gaetz beyond recognizing his name from headlines. As someone who focuses primarily on cannabis policy and its broader societal impacts, I tend to avoid diving too deep into individual political careers. However, given his potential appointment as Attorney General and its implications for cannabis reform, I decided to take a comprehensive, unbiased look at who Matt Gaetz really is.

To achieve this, I compiled information from various sources across the political spectrum – from his own congressional biography to critical media coverage – and analyzed them to build a clearer picture of the man who might become America’s top law enforcement official.

What emerges is a fascinating study in contrasts. On the surface, Gaetz presents as a typical child of privilege turned political firebrand. Born into a wealthy and politically connected Florida family (his father Don Gaetz was a state Senate president and made millions in the healthcare industry), Matt grew up in a house famous for being featured in “The Truman Show” and followed his father’s footsteps into politics.

But dig deeper, and you find someone more complex than the typical MAGA politician he’s often portrayed as. While he’s earned nicknames like the “Trumpiest Congressman” and built his brand on fierce loyalty to Donald Trump, Gaetz has shown surprising independence on certain issues – particularly cannabis reform. As a Florida state representative, he helped draft medical marijuana legislation and has been openly supportive of broader reform efforts, with some former colleagues describing him as a “big-time proponent of marijuana.”

His political record is equally mixed. On one hand, he’s been a vocal advocate for criminal justice reform and cannabis legalization, voting in favor of the MORE Act to end federal prohibition – one of only three Republicans to do so. On the other hand, he’s been a controversial figure, making headlines for everything from storming secure impeachment hearings to facing serious allegations (though ultimately no charges) regarding sexual misconduct.

Personally, Gaetz seems to defy easy categorization. While his public persona is that of a conservative firebrand, his private actions tell a different story. He’s supported same-sex adoption rights, convinced his conservative father to do the same, and quietly raised a Cuban immigrant teenager named Nestor for years before publicly acknowledging their relationship. These actions suggest someone more nuanced than his public image might indicate.

So what does this mean for cannabis reform? Based on his record, Gaetz as Attorney General could actually be a positive development for the legalization movement. Unlike his predecessor Jeff Sessions, who was openly hostile to cannabis reform, Gaetz has consistently supported expanding access and ending federal prohibition. His understanding of the industry and its challenges, combined with his firsthand experience drafting cannabis legislation in Florida, suggests he could be an effective advocate for reform within the administration.

However, there are legitimate concerns. Gaetz’s controversial nature and polarizing personality could make it difficult for him to build the broad coalition necessary to achieve meaningful reform. Additionally, his close alignment with Trump might make some Democratic lawmakers hesitant to work with him, even on issues where they agree.

Rating his potential impact as Attorney General on cannabis reform, I’d give it a cautiously optimistic 7/10. While his personal support for legalization is clear and consistent, his effectiveness will largely depend on his ability to work across the aisle and maintain focus on reform efforts amid the many other responsibilities of his position.

One thing seems certain: having someone who openly supports cannabis reform leading the Department of Justice would be unprecedented. Whether Gaetz can translate that support into meaningful policy change remains to be seen, but at the very least, it suggests that federal cannabis enforcement wouldn’t be a priority under his leadership – and that alone would be a significant shift from previous administrations.

As the cannabis community grapples with the implications of Matt Gaetz’s potential appointment as Attorney General, I think it’s crucial that we all take a collective deep breath before jumping to conclusions. In my years covering cannabis policy, I’ve learned that snap judgments often miss the nuanced reality of political developments – and this situation is no different.

Yes, Matt Gaetz is a controversial figure with his share of personal and political baggage. But then again, who among us doesn’t have flaws? What interests me more than his controversies are the core principles he claims to champion – smaller government, increased personal liberty, and a more rational approach to drug policy. These aren’t just talking points; his voting record on cannabis reform actually backs up these stated beliefs.

Unlike previous Republican AGs who viewed cannabis as a moral evil to be stamped out, Gaetz brings practical experience in crafting marijuana legislation. His involvement in Florida’s medical cannabis program gives him firsthand knowledge of both the challenges and opportunities in creating effective cannabis policy. This experience could prove invaluable in navigating the complex landscape of federal legalization.

Moreover, Gaetz seems to understand something that many politicians miss: the current Schedule III proposal is a half-measure that could potentially do more harm than good. His previous statements expressing concern about Big Pharma’s potential takeover of the cannabis industry suggest he grasps the bigger picture. Perhaps having someone in the AG’s office who understands these nuances could help push us toward more comprehensive reform.

Looking ahead, I’m cautiously optimistic. While Gaetz’s appointment might not be the ideal scenario some cannabis advocates hoped for, it certainly isn’t the doomsday scenario others feared. The momentum behind cannabis reform hasn’t slowed – if anything, it’s accelerating. What we need now is to move past Band-Aid solutions like rescheduling and push for true legalization that serves the interests of both consumers and small businesses.

Whether Matt Gaetz turns out to be a champion for cannabis reform or just another political disappointment remains to be seen. But one thing is clear: the fight for legalization will continue regardless of who holds the position of Attorney General. Our focus should remain on pushing for meaningful reform that addresses the real issues facing the cannabis community – not just reshuffling the deck chairs on the prohibition ship.

The next few years will be crucial for cannabis policy in America. Let’s hope that having someone with actual cannabis policy experience in the AG’s office helps more than it hurts. And if not? Well, we’ve overcome tougher obstacles before.

 

GAETZ ON WEED POLICY, READ ON…

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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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