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New Lawsuit Filed Against the US Government Says Cannabis Prohibition is Now Illegal Based on States’ Legal Marijuana Programs

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New lawsuit puts in question the rationale behind marijuana prohibition

 

If you’re a regular reader of my articles, you know I’ve long held that the federal government’s blanket prohibition on drugs like marijuana is an irrational, unethical, and unconstitutional violation of individual liberty. The harsh criminalization of a plant that has been used by humans for thousands of years is the height of authoritarian overreach, driven more by reefer madness propaganda than any legitimate public policy rationale.

 

Well, it turns out I’m not alone in viewing the federal drug war as a catastrophic failure and affront to common sense. A group of cannabis companies has filed a major lawsuit challenging the very legal foundations of marijuana’s prohibition under the Controlled Substances Act. Their argument? That the federal ban no longer has any rational basis when dozens of states have implemented regulated programs that have replaced the illicit market the original law aimed to eliminate.

 

This lawsuit represents a potentially groundbreaking direct assault on the crumbling facade of marijuana prohibition. In this article, we’ll dive deep into the core arguments advanced by the plaintiffs, evaluate the legal prospects of their case, and discuss whether it could finally force the government’s hand. We’ll also explore actions individuals can take to further apply pressure and make our voices heard on this crucially important issue.

 

Regardless of the outcome, this bold litigation demonstrates that the tides have turned irrevocably against the draconian policies of the failed war on drugs. The march toward legalization may have started as a revolution, but it is increasingly becoming a inexorable reckoning that even the federal government cannot defy forever.

 

 

The lawsuit in question was filed by a group of marijuana companies including multi-state operator Verano Holdings Corp., Massachusetts-based Canna Provisions, Wiseacre Farm, and Treevit CEO Gyasi Sellers. They are represented by the prominent law firms Boies Schiller Flexner LLP and Lesser, Newman, Aleo and Nasser LLP. The lawsuit alleges that the federal government’s ongoing cannabis prohibition under the Controlled Substances Act (CSA) is unconstitutional and irrational given the widespread state-level legalization and regulation that has occurred. As the filing states:

 

“Dozens of states have implemented programs to legalize and regulate medical or adult use marijuana…And by providing consumers with safe, regulated, and local access to marijuana, those states have reduced illicit interstate commerce, as customers switch to purchasing state-regulated marijuana over illicit interstate marijuana.”

 

This new 32-page filing is a response to the federal government’s attempt to dismiss an underlying lawsuit first brought by the companies in October 2022. That original complaint argued that “the federal government has long ago abandoned the goal of eliminating marijuana from commerce” and that “even if Congress still wished to eliminate interstate transactions in marijuana in their entirety (it does not), it has no rational basis for banning state-regulated activities that reduce interstate traffic in marijuana.”

 

The crux of the case centers on overturning the 2005 Supreme Court decision in Gonzales v. Raich, which held that the federal ban on cannabis preempted state legalization laws due to Congress’s power to regulate interstate commerce. As the plaintiffs’ latest filing contends:

 

“In the two decades since Raich, all the legislative and operative facts on which Raich’s conclusion rested have changed. It is therefore necessary to assess Congress’s regulation of intrastate marijuana based on the new regulatory framework and new factual circumstances.”

 

By filing this lawsuit and seeking to overturn Raich, the cannabis companies aim to finally eliminate the threat of federal enforcement in legal state markets. If successful, it would open the door for state-licensed businesses to access financial services, claim tax deductions, and operate without the cloud of residual illegality that has hampered the industry.

 

While the odds of the Supreme Court revisiting its decision are difficult to gauge, the filing of lawsuits like this plays a vital role in applying public pressure and highlighting the dissonance between state and federal marijuana laws. Even if the case itself does not prevail, it shines a spotlight on the irrationality of the government’s current stance and forces lawmakers and enforcement agencies to contort themselves further to justify an untenable policy kurns out of step with public opinion and modern governance.

 

Prominent litigator David Boies, whose prior high-profile cases include the Department of Justice lawsuit against Microsoft and the overturning of California’s same-sex marriage ban, made the sweeping argument that:

 

“Americans believe that cannabis should be legal and available subject to reasonable regulation by the states…The federal government lacks authority to prohibit intrastate cannabis commerce. Outdated precedents from decades ago no longer apply—the Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce.”

 

By methodically deconstructing the legal underpinnings of prohibition, pushing for judicial remedies, and elevating the issue through the courts, this lawsuit contributes to further eroding the false narratives that enabled the cruel excess of the war on drugs. Initiatives like this are crucial steps towards finally ending failed marijuana criminalization once and for all.

 

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SOURCE: GALLUP

 

Given that national polls consistently show a solid majority of Americans supporting legalizing marijuana, and the fact that 38 states have already implemented some form of legal cannabis program, one might reasonably ask: why is the federal government dragging its feet so much on this issue?

 

The unfortunate truth is that the sluggish pace is very much by design. The complex bureaucratic maze surrounding federal drug policies, centered on agencies like the Drug Enforcement Administration (DEA) and laws like the Controlled Substances Act (CSA), has been structured in a way that makes meaningful reform excruciatingly difficult and subject to endless delays.

 

The DEA has historically been able to take a decade or more just to reject rescheduling petitions, often without providing any substantive rationale beyond simply stating “it’s the law.” This byzantine process essentially allows the agency to run out the clock indefinitely on any cannabis policy changes it ideologically opposes.

 

But the bigger impediment to legalization is the very existence of the CSA itself and its unconstitutional centralization of power over drug manufacturing, distribution, research, and consumption. By arrogating control over Americans’ free choice as individuals under the flimsy pretext of interstate commerce regulation, the CSA represents a startlingly authoritarian federal overreach into what should be a matter of personal liberty.

 

Of course, the self-serving motives behind Congress’ reluctance to amend or abolish this draconian statutory regime are not exactly a mystery. With only 32% of the U.S. public expressing trust in Congress to act in the national interest, lawmakers have amply demonstrated whose interests they really serve – chiefly those of deep-pocketed special interests like the pharmaceutical industry.

 

Numerous studies have shown that after states legalize medical marijuana, drug companies see sharp declines in revenues and prescription numbers for lucrative pain medications as patients turn to cannabis as an alternative treatment. With legal marijuana inevitably disrupting Big Pharma’s profit streams, it’s no surprise these powerful corporate forces have aggressively lobbied Congress to maintain cannabis prohibition and protect their bottom line.

 

So while a majority of the American people have left the Reefer Madness propaganda behind, Congress continues to peddle laughably disingenuous narratives about marijuana’s dangers precisely because it remains so beholden to the powerful moneyed interests profiting from the drug war status quo.

 

Until the people demand full representation from their elected officials instead of fealty to corporate overlords, we are likely to see this same cynical political theater play out repeatedly. Even outright legalizing marijuana at the federal level may not dismantle the bureaucratic fortresses that have been cleverly constructed to impede American’s free access to cannabis as a matter of individual choice.

 

 

While lawsuits like this are invaluable for shining a light on the absurdity of continued federal cannabis prohibition, it’s unlikely the Supreme Court will revisit its precedent and overturn the Controlled Substances Act – at least not through this particular case. The inertia and institutional resistance to marijuana legalization remains powerful.

 

The Biden administration will no doubt continue to cite its modest cannabis pardons and drug rescheduling review as major reform “wins.” But such half-measures are mere political theater, failing to deliver on Biden’s campaign promises of full decriminalization and expungement of prior records.

 

Ultimately, the cruel overreach of the CSA cannot be undone through bureaucratic nibbling around the edges. To reclaim our inalienable rights to bodily autonomy and cognitive liberty, we must reject the unconstitutional foundations of this oppressive statute entirely at every level of society and governance.

 

Where the federal government continues to fail, it falls to the people themselves to enact the drug policy change we deserve through local and state reforms. Most Americans still place high trust in their municipal and state governments over Washington D.C. It is here, in our own backyards, that we can make real progress.

 

While the latest lawsuit highlights the building momentum to end the irrational war on cannabis, true liberation will only come from a flourishing of grassroots activism. Making that dream a reality will require each of us to do our part by demanding more from our communities and our representatives. The American people are ready to legalize freedom – the question is whether our institutions can evolve quickly enough to get out of the way.

 

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How Do You Stop Lab-Shopping for the Highest THC Results?

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In a decisive move aimed at bolstering consumer safety and ensuring the integrity of cannabis products, Massachusetts regulators have mandated that all cannabis products must undergo testing at a single, licensed laboratory. This new regulation comes in response to the growing issue of “lab shopping,” where cannabis producers seek favorable testing results by sending their products to multiple laboratories. The Massachusetts Cannabis Control Commission (CCC) announced this significant regulatory change after extensive consultations with industry stakeholders, public health officials, and consumer advocates.

 

This article explores the implications of this regulation for the cannabis industry, consumers, and public health. It also examines the broader context of cannabis regulation in Massachusetts and the potential impact of this decision on the future of the state’s cannabis market.

 

Understanding Lab Shopping

 

 What is Lab Shopping?

 

Lab shopping refers to the practice where cannabis producers send their products to various testing laboratories in search of the most favorable results. Producers may choose labs based on their reputation for leniency or their history of providing positive results. This behavior can lead to significant discrepancies in product safety assessments and quality assurance.

 

The Risks Associated with Lab Shopping

 

1. Consumer Health Risks: The primary concern surrounding lab shopping is the potential risk it poses to consumer health. Inconsistent testing results mean that products containing harmful contaminants—such as pesticides, heavy metals, or mold—may be sold without proper scrutiny. This can lead to serious health issues for consumers who unknowingly purchase tainted products.

 

2. Market Integrity: Lab shopping undermines the integrity of the legal cannabis market. When consumers cannot trust that products have been tested rigorously and uniformly, it erodes confidence in legal cannabis sales and can drive customers back to illicit markets where safety standards are nonexistent.

 

3. Regulatory Challenges: For regulators like the CCC, lab shopping complicates enforcement efforts. It becomes increasingly difficult to monitor compliance when producers can easily switch labs to obtain favorable results, making it challenging to ensure that all products meet established safety standards.

 

The Regulatory Response

 

The Role of the Cannabis Control Commission (CCC)

 

The Massachusetts Cannabis Control Commission is tasked with regulating the state’s cannabis industry. As part of its mandate, the CCC has worked diligently to establish a comprehensive regulatory framework that governs various aspects of cannabis production and sale. However, as the industry has evolved, so too have the challenges associated with ensuring product safety and quality.

 

In light of growing concerns about lab shopping and its implications for public health and safety, the CCC recognized the need for a more robust regulatory framework. After extensive discussions with industry stakeholders and public health officials, the commission concluded that a single-lab testing requirement was necessary to address these issues effectively.

 

Implementation of Single-Lab Testing

 

In late 2023, following thorough deliberation and stakeholder engagement, the CCC announced its new regulation mandating that all cannabis products must be tested by a single licensed laboratory before they can be sold to consumers. This decision aims to achieve several key objectives:

 

  • Standardize Testing Protocols: By requiring that all products be tested by a single lab, regulators can ensure that all products are subject to consistent testing standards. This uniformity is crucial for maintaining product quality and safety across the market.

 

  • Enhance Accountability: A single-lab requirement makes it easier for regulators to hold laboratories accountable for their testing practices. If discrepancies arise in testing results, it will be clear which laboratory conducted the tests, facilitating more straightforward investigations.

 

  • Improve Consumer Confidence: With consistent testing results across all products, consumers can feel more secure in their purchases. This increased confidence is vital for fostering a healthy legal cannabis market in Massachusetts.

 

 Implications of Single-Lab Testing

 

For Producers

 

1. Increased Accountability: Producers will need to establish relationships with specific laboratories and ensure that their products meet stringent quality standards before submission for testing. This shift will require producers to invest more in quality control measures throughout their production processes.

 

2. Potential Cost Implications: While single-lab testing may streamline processes for some producers, it could also lead to increased costs if producers are required to pay higher fees for comprehensive testing services. Smaller producers may find it particularly challenging to absorb these costs.

 

3. Adaptation Period: Producers will need time to adjust their operations and supply chains to comply with this new regulation. This may involve reevaluating partnerships with existing labs or investing in new quality control measures.

 

4. Impact on Product Development: The requirement for single-lab testing may also influence how producers develop new products. With fewer laboratories available for testing, producers may need to plan their product launches more carefully and allow additional time for testing processes.

 

For Laboratories

 

1. Increased Demand for Services: Licensed laboratories may experience an increase in demand as producers consolidate their testing needs with fewer facilities. This could lead to higher revenues for labs but also increased pressure on them to maintain high-quality standards amidst growing workloads.

 

2. Need for Enhanced Capabilities: Laboratories will need to ensure they have the capacity and technology necessary to handle increased volumes of samples while maintaining rigorous quality control measures. This may require investments in new equipment or hiring additional staff.

 

3. Regulatory Compliance: Laboratories will face heightened scrutiny from regulators as they become key players in ensuring product safety. They will need to demonstrate compliance with all relevant regulations and maintain transparent practices regarding their testing methodologies.

 

 For Consumers

 

1. Improved Product Safety: The primary benefit for consumers is enhanced safety assurance. With standardized testing protocols in place, consumers can trust that cannabis products have been thoroughly vetted for contaminants and potency before reaching store shelves.

 

2. Greater Transparency: As part of this regulatory shift, there may be increased transparency regarding testing results and laboratory practices. Consumers will have access to clearer information about what goes into their cannabis products, empowering them to make informed choices.

 

3. Potential Price Increases: While improved safety is paramount, there is a possibility that compliance costs could be passed on to consumers through higher prices for cannabis products. Producers may need to adjust their pricing structures in response to increased operational costs associated with single-lab testing.

 

Cannabis Regulation in Massachusetts

 

 Historical Overview

 

Massachusetts was one of the first states in New England to legalize recreational cannabis use following the passage of Question 4 in 2016. The legalization marked a significant shift in public policy and opened up a new economic sector within the state. However, as with any emerging industry, challenges quickly arose—particularly concerning product safety and quality assurance.

 

Existing Regulatory Framework

 

Prior to the introduction of single-lab testing regulations, Massachusetts had established a comprehensive regulatory framework governing various aspects of cannabis production and sale:

 

 

 

 

Despite these measures, lab shopping highlighted gaps in enforcement and compliance that necessitated further action from regulators.

 

 Industry Reactions

 

Support from Public Health Advocates

 

Public health advocates have largely welcomed the CCC’s decision to implement single-lab testing as a crucial step toward safeguarding public health by ensuring that all cannabis products meet consistent safety standards. Many believe this regulation will help prevent contaminated or substandard products from reaching consumers while bolstering trust in legal cannabis sales.

 

Dr. Emily Thompson, a public health expert at Harvard University, stated, “This regulation is essential for protecting consumers from potential health risks associated with contaminated cannabis products.”

 

Concerns from Industry Stakeholders

 

Conversely, some industry stakeholders have expressed concerns about potential drawbacks:

 

1. Operational Challenges: Smaller producers may find it difficult to navigate relationships with larger laboratories or face delays in getting their products tested due to increased demand at those facilities.

  

2. Innovation Stifling: Critics argue that requiring single-lab testing could stifle innovation within the industry by limiting producers’ options for exploring different testing methodologies or technologies offered by various labs.

 

3. Market Dynamics: There are worries that this regulation could create monopolistic tendencies within laboratory services if only a few labs dominate the market due to increased demand from producers seeking reliable test results.

 

4. Impact on Small Businesses: Small-scale cultivators might struggle more than larger companies due to limited resources and access to high-quality labs capable of meeting stringent requirements without significantly raising costs.

 

 Future Outlook

 

As Massachusetts implements this new regulation mandating single-lab testing for all cannabis products sold within its borders, it sets an important precedent that other states may consider as they navigate similar challenges within their own burgeoning cannabis markets.

 

Potential National Implications

 

The decision by Massachusetts regulators could influence national discussions around cannabis regulation as other states look toward creating frameworks that prioritize consumer safety while fostering industry growth:

 

  1. Increased Interest from Other States: States grappling with similar issues related to lab shopping may look closely at Massachusetts’ approach as they develop their own regulations.

 

  1. Collaboration Among States: As states continue legalizing recreational marijuana use across the country, there may be opportunities for collaboration on best practices regarding product safety standards and laboratory oversight.

 

  1. Federal Considerations: With ongoing discussions about federal legalization of marijuana gaining traction nationally—especially amid shifting political landscapes—regulatory models like those emerging from Massachusetts could serve as templates for future federal guidelines governing cannabis production and sale across state lines.

 

 Conclusion

 

The Massachusetts Cannabis Control Commission’s mandate for single-lab testing represents a pivotal shift in evaluating cannabis products for safety and quality assurance within one of the nation’s most dynamic legal marijuana markets. By targeting the issue of lab shopping, this regulation prioritizes consumer protection, aiming to enhance public health outcomes and rebuild confidence in the safety of legalized cannabis products. While the transition poses challenges for producers adapting operational processes and laboratories scaling their capabilities, the regulation seeks to balance fostering innovation in an evolving industry with rigorous oversight mechanisms. As Massachusetts refines its regulatory framework, balancing the interests of regulators and profit-driven stakeholders, collaboration will be essential to thriving under these new guidelines. This change not only advances the state’s cannabis sector but also sets a potential standard for other states to ensure safe consumption and responsible business practices in the growing marijuana industry.

 

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Happy Holidays from The Canna Law Blog

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Wishing all of our readers, along with friends and families, the very best this holiday season.

Whether you celebrate Hanukkah, Christmas, Kwanzaa, Winter Solstice, Festivus, or something else, we hope you can kick back and enjoy this wonderful time of the year.

The post Happy Holidays from The Canna Law Blog appeared first on Harris Sliwoski LLP.



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5 Cannabis Christmas Recipes to Try This Holiday Season at Home or the Office Party!

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Ah yes, it’s that magical time of year again when Ganja Clause slides down the chimney to visit all the good little stoners. The lights are twinkling, the fire is crackling, and the sweet aroma of cannabis-infused treats fills the air. As someone who’s spent years experimenting with cannabis cuisine, I’ve learned that the holidays present the perfect opportunity to elevate traditional recipes to new heights.

To help make your holidaze more “dazey,” I’ve crafted five festive recipes that combine seasonal favorites with our favorite herb. These dishes aren’t just about getting high – they’re about creating memorable experiences and new traditions. But before we dive in, I need to emphasize something crucial: dosing is always important, and you should NEVER give these recipes to anyone without their explicit consent. While sharing is caring, tricking someone into consuming cannabis is not only unethical but potentially illegal. Always clearly label your infused treats and keep them safely away from children and unsuspecting guests.

With those important notes out of the way, let’s get into these magical recipes that will make your holiday season extra special.

Look, we all know eggnog is a holiday staple, but why not kick it up a notch? This cannabis-infused version will have you feeling jolly in no time. Just remember – this isn’t your grandma’s recipe (unless your grandma is really cool).

What You’ll Need:

  • 4 cups milk (or non-dairy alternative if that’s your jam)

  • 1 cup heavy cream (or coconut cream for you plant-based folks)

  • 6 egg yolks (fresh is best, trust me)

  • 1/2 cup sugar

  • 1 tsp vanilla extract

  • 1/2 tsp ground nutmeg

  • 1 tbsp cannabis tincture or cannabis-infused syrup

The Magic Process:

  1. Start by heating your milk and cream in a saucepan. You want it hot but not boiling – we’re making eggnog, not scrambled eggs.

  2. In a separate bowl, whisk those egg yolks, sugar, and vanilla until they’re well combined and looking smooth.

  3. Here’s the tricky part: slowly (and I mean SLOWLY) add the hot milk mixture to your egg mixture while whisking constantly. If you dump it all in at once, you’ll end up with sweet scrambled eggs, and nobody wants that.

  4. Pour everything back into your saucepan and cook over medium heat, stirring constantly until it thickens enough to coat the back of a spoon.

  5. Remove from heat, stir in that nutmeg, and let it cool a bit before adding your cannabis tincture or syrup.

  6. Chill thoroughly before serving.

Pro tip: Start with a small serving – this stuff can creep up on you!

Want to elevate your holiday meal? This gravy will take your feast to new heights. It’s perfect for drowning those mashed potatoes or smothering that turkey.

The Goods:

  • 2 cups chicken or vegetable stock

  • 1/4 cup all-purpose flour

  • 1/4 cup cannabis butter (cannabutter)

  • 1/2 tsp salt

  • 1/4 tsp black pepper

  • 1 tbsp chopped fresh herbs (thyme or rosemary work great)

The How-To:

  1. Melt your cannabutter over medium heat in a saucepan. Watch it carefully – burnt butter is not the vibe we’re going for.

  2. Whisk in the flour to create your roux. Cook it for about 1-2 minutes to get rid of that raw flour taste.

  3. Now, slowly pour in your stock while whisking like your life depends on it. No lumps allowed!

  4. Add your seasonings and herbs.

  5. Keep stirring and simmering until it reaches your desired thickness.

  6. Taste and adjust seasonings if needed (before you get too lifted).

Remember: Label this clearly! You don’t want Aunt Martha accidentally pouring this all over her plate without knowing what’s up.

Forget that canned stuff – this homemade cranberry sauce with a special twist will have everyone at the table asking for seconds (though you might want to limit them to just one serving).

The Ingredients:

Getting Saucy:

  1. Toss your cranberries, OJ, and sugar into a saucepan over medium heat.

  2. Let it cook until those cranberries start popping like tiny little fireworks (about 10 minutes).

  3. Once it’s thickened up nicely, remove from heat.

  4. Here comes the fun part – stir in your cannabis-infused honey or tincture.

  5. Let it cool completely before serving.

Pro tip: Make two batches – one regular and one infused. Just make sure to label them clearly!

These aren’t your regular sweet potatoes – they’re elevated sweet potatoes. Perfect for getting baked while getting baked.

What You Need:

  • 4 large sweet potatoes

  • 1/2 cup cannabis butter (cannabutter)

  • 1/4 cup brown sugar

  • 1 tsp ground cinnamon

  • 1/2 tsp ground nutmeg

  • Salt to taste

  • Marshmallows (optional, but highly recommended)

The Method:

  1. Preheat your oven to 375°F (190°C).

  2. Bake those sweet potatoes until they’re tender (about an hour).

  3. Once they’re cool enough to handle, peel and mash them up.

  4. Mix in your cannabutter, brown sugar, and spices.

  5. Transfer to a baking dish.

  6. If you’re feeling extra, top with marshmallows.

  7. Bake for another 20-30 minutes until everything’s golden brown and gorgeous.

Warning: These are dangerously delicious – pace yourself!

This warm, spicy cider will lift your spirits in more ways than one. Perfect for those chilly winter nights.

The Essentials:

The Process:

  1. Pour your cider into a large pot.

  2. Add your cinnamon sticks, cloves, and orange slices.

  3. Heat until it just starts to bubble, then reduce to a simmer.

  4. Add your cannabis-infused maple syrup (or add tincture to individual cups for controlled dosing).

  5. Let everything mingle and get cozy for about 20 minutes.

  6. Serve it up warm with an orange slice or cinnamon stick garnish.

Pro tip: Keep a non-infused batch warming for designated drivers and non-partaking guests.

Remember folks, the key to a successful Dankmas feast is clear labeling and careful dosing. Nothing ruins a holiday gathering quite like someone getting unexpectedly zooted. Happy cooking, and may your holidays be dank and delightful!

There you have it, folks – five unique ways to spice up your Dankmas traditions and make the season truly memorable. As someone who’s hosted many cannabis-friendly holiday gatherings, I can’t stress enough the importance of starting slow with these recipes. Edibles can take anywhere from 30 minutes to two hours to fully kick in, and you definitely don’t want to overdo it during family dinner. I strongly recommend doing a test run with different dosages before the big day to find your sweet spot.

What I love most about these recipes is that they offer a fantastic alternative for those looking to skip the traditional alcohol-heavy holiday celebrations. Cannabis provides a more natural way to unwind and connect with loved ones during this special time of year. Plus, you won’t have to worry about a hangover the next morning!

Remember to celebrate responsibly, be open about what’s infused and what isn’t, and most importantly, enjoy the magic of the season. Happy Dankmas to all, and to all a good height!

 

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