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Where Presidential Candidate Cory Booker Stands On Marijuana

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Sen. Cory Booker (D-NJ) announced on Friday that he’s running for the 2020 Democratic presidential nomination.

The former Newark, New Jersey mayor has been a consistent critic of the war on drugs and has introduced some of the boldest marijuana legislation ever seen in Congress, earning him an A+ grade from NORML.

Booker launched his candidacy with an interview on the Tom Joyner Morning Show and emphasized right away that marijuana reform is a key part of his platform.

“It means changing our drug laws, ending prohibition against marijuana, which has led—black folks are no different in their usage rates or even the dealing rates, but are almost four times more likely to be incarcerated for marijuana,” he said. “We do not have equal justice under the law.”

Legislation And Policy Actions

Booker is the chief sponsor of the Marijuana Justice Act—a bill that would end federal prohibition by removing marijuana from the Controlled Substances Act. It would also penalize states where marijuana laws are enforced in a racially disproportionate manner and establish a federal grant program to invest in communities that have been targeted in the war on drugs.

Last Congress, the legislation garnered six co-sponsors, including other 2020 Democratic presidential candidates Sens. Elizabeth Warren (D-MA), Kamala Harris (D-CA) and Kirsten Gillibrand (D-NY), as well as potential contender Sen. Bernie Sanders (I-VT). That Booker was able to secure such high profile co-sponsorships on the wide-ranging marijuana legislation from lawmakers who would become rivals for their party’s presidential nomination reflects how the senator has became a de facto leader on the issue on Capitol Hill.

“Descheduling marijuana and applying that change retroactively to people currently serving time for marijuana offenses is a necessary step in correcting this unjust system,” Booker said in a press release when he filed the bill. “States have so far led the way in reforming our criminal justice system and it’s about time the federal government catches up and begins to assert leadership.”

He’s also championed the Compassionate Access, Research Expansion and Respect States (CARERS) Act, which would protect medical cannabis patients and businesses from federal intervention and also require the Drug Enforcement Administration to license additional marijuana cultivators for federal research purposes.

When Booker first introduced the CARERS Act in 2015, it was the first Senate bill ever filed to downgrade the marijuana federal status.

“We need policies that empower states to legalize medical marijuana if they so choose—recognizing that there are Americans who can realize real medical benefits if this treatment option is brought out of the shadows,” he said in a press release.

Booker has also co-sponsored legislation designed to broadly shield states that have legalized marijuana from federal enforcement and another bill that would allow banks to work with cannabis businesses operating in compliance with state law without fear of federal penalties.

In 2014, he and Sen. Rand Paul (R-KY), who worked closely with Booker on the CARERS bill, introduced a separate amendment to block the Justice Department from using federal funds to intervene in states that have legalized marijuana, but it did not receive a vote.

Before he and Paul got to work on bipartisan cannabis legislation, they joked with each other on Twitter about the GOP senator’s Festivus grievance about partisanship. Paul suggested the two work on mandatory minimum sentencing reform, to which Booker replied, “Yes, If u throw in reforming Fed Hemp & Marijuana laws u’ve got a deal!”

After then-White House Press Secretary Sean Spicer insinuated that the federal government would increase enforcement against legal marijuana states, Booker and 10 other senators sent a letter to Attorney General Jeff Sessions, urging the Justice Department to respect states’ right when it comes to cannabis policy.

Sessions received another letter from Booker and two other Democratic colleagues in 2017, who implored Sessions not to reverse Obama-era Justice Department policies and make low-level drug offenders face longer mandatory minimum sentences.

He also put his name on a bipartisan letter to congressional leaders, expressing frustration that a provision that would’ve allowed physicians at the U.S. Department of Veterans Affairs to discuss and recommend medical cannabis was excluded from a 2016 spending bill.

Quotes And Social Media Posts

Booker has not been shy in his advocacy for marijuana reform. He’s spoken frequently about the consequences of prohibition and the need to not only legalize cannabis but also ensure that those harmed by the drug war see restorative justice in the process. He has tweets calling for cannabis reform going back to 2011, when he was still a mayor.

Over a decade ago, Booker blamed the drug war for contributing to violent crime and pledged to go “to battle on this.”

“We’re going to start doing it the gentlemanly way,” he said. “And then we’re going to do the civil disobedience way. Because this is absurd. I’m talking about marches. I’m talking about sit-ins at the state capitol. I’m talking about whatever it takes.”

“The drug war is causing crime. It is just chewing up young black men. And it’s killing Newark.”

In 2012, Booker said the drug war “has not succeeded in making significant reductions in drug use, drug arrests or violence” and that the country is “pouring huge amounts of our public resources into this current effort that are bleeding our public treasury and unnecessarily undermining human potential.”

He gave an extensive response to a question about how he thought marijuana decriminalization would impact Newark during a Reddit AMA in 2013:

“I believe too many of my young people are being unfairly punished and chewed up by the criminal justice system over small amounts of marijuana. Their lives are being severely and adversely affected by the sheer number of arrests and incarcerations we are making. When a young person enters a system, it often leaves them worse off than other lower cost interventions would.”

The then-mayor said in the same comment that while “non-medicinal use of the drug is unhealthy for those who use it, and for society…the vast majority of the damage done by marijuana comes from how we as a society have responded to its use and trade. We spend billions of dollars a year with little effect, and with the further price tag of delegitimization of our laws and law enforcement, and making criminals of so many otherwise law abiding americans.”

In another comment in the same thread, Booker said “the so called War on Drugs has not succeeded in making significant reductions in drug use, drug arrests or violence. We are pouring huge amounts of our public resources into this current effort that are bleeding our public treasury and unnecessarily undermining human potential. I see the BILLIONS AND BILLIONS of dollars being poured into the criminal justice system here in New Jersey and it represents big overgrown government at its worst.”

During a separate Reddit thread, he called the drug war “an absolute failure,” adding:

“It is consuming gross amounts of our national treasure and destroying the lives of millions of people that could, with the right policy, be far more productive in our society. More than this, it is a strong contributor to the continuance of cycles of poverty and the further frustration of existing gross racial disparities. I am outraged by this reality and have and will dedicate much of my time and energy to helping our nation get out of this trap that is adversely affecting all of us.”

“With changing our drug policy and reforming criminal justice we can help make our streets safer, save taxpayer dollars and increase the productivity of hundreds of thousands of Americans,” he added in another comment.

In a video taped for a conference of drug policy reform advocates, Booker called the war on drugs “a cancer on the soul of our country.”

While the senator was quick to embrace medical marijuana legalization, he said in 2014 that he remained undecided on full legalization—but argued that the fact that states like Washington had already legalized “is a really valuable American laboratory.”

“I am encouraged voters stepped out into this laboratory. If it’s a failure, it’s a failure. But if it’s a success and it doesn’t hurt public safety and improves the economy by providing greater opportunities, and doesn’t cause more crime, then I will be open to legalization.”

Booker was one of more than 1,000 leaders from around the globe who signed a 2016 letter condemning the failures of the war on drugs and advocating for “real reform of global drug control policy.”

He also stopped by a medical cannabis rally in New Jersey in 2014 and thanked reform advocates for their work.

At a press conference unveiling the 2017 version of the CARERS Act, Booker hinted that he was inclined to back full legalization but didn’t want to detract from the bipartisan momentum behind medical marijuana legislation.

“This press conference and this bipartisan bill is about medical marijuana,” he said. “You can be confident that you’ll be hearing from me soon on a lot of the issues that are before New Jersey. But where I am on this issue, I don’t want to take away from where we have a bipartisan coalition.”

In an interview with CNN in 2015, the senator said that multiple presidents and lawmakers have admitted to using cannabis recreationally and that it is hypocritical for those same individuals opposing medical marijuana legalization.

“Let’s stop the pot hypocrisy,” he said. “People that are in public office all throughout the Senate have said, ‘hey, I’ve smoked marijuana recreationally.’ How—how much of a hypocrite do you have to be to say that I broke American laws using pot as a recreational thing and that I’m not going to support this idea that as a medicine for severely sick people, that they shouldn’t be able to access this drug?”

He also called out Kevin Sabet, president of the anti-legalization group Smart Approaches to Marijuana for resisting cannabis rescheduling in order to free up researchers to study the plant. He asked why, if Sabet felt the difference between Schedule I and Schedule II was negligible, and researchers say that rescheduling would make it easier to study cannabis, he would oppose it.

“Clearly—cleary it’s optics that your’e concerned about,” Booker said. “Clearly this makes a difference. But clearly the downside of this—the danger of this—is not that families will be hurt. You’re just saying that they won’t be helped enough.”

In a Senate floor speech, Booker criticized fellow lawmakers for preventing Washington D.C. from using local funds to legalize and regulate adult-use cannabis sales, saying that “self-determination of the people is at the core of our democratic ideals as a nation” and “despite this, Washington D.C., with a population larger than two of our states, sees the constant undermining of this very principle.”

When the Drug Enforcement Administration announced that it would be approving applications for additional cannabis manufacturers for federal research purposes, Booker applauded the move but said the agency “hasn’t gone far enough.”

“While this announcement is a step in the right direction, the DEA’s failure to reclassify marijuana is disappointing,” he said in a press release. “There are Americans who can realize real medical benefits if this treatment option is brought out of the shadows, and choosing to ignore the medical value of marijuana defies common sense and the scientific evidence.”

In the years since President Donald Trump took office, Booker has stepped up his advocacy efforts and broadened his views on marijuana reform, which eventually led him to endorse full legalization.

For example, he called Sessions “one of the greatest threats to the safety of our local communities in America” amid concerns that the Justice Department was preparing for a crackdown on legal cannabis states.

“If you try to start prosecuting marijuana… you create more violence and more danger as well as greater government cost,” Booker said. “These policies that he’s doing ultimately go to the core of the safety of our communities.”

“If we can overcome Strom Thurmond’s filibuster against the civil rights bill, we can overcome a U.S. Attorney General who is out of step with history and out of step with his party.”

And after Sessions rescinded the Cole memo, an Obama-era guidance document to federal prosecutors on priorities for marijuana enforcement, Booker took to the Senate floor to condemn the move. The Cole memo, he said, “was a critical step and a move in the right direction, undoing some of the catastrophic damage that has been caused by the failed war on drugs.”

“This is an attack on our most sacred ideals and the very purpose of the Department of Justice, which is to protect Americans, to elevate ideals of justice and to do right by people,” he said. He expanded on that point in a press release:

“Jeff Sessions’ determination to revive the failed War on Drugs knows no bounds. History has shown that our deeply broken drug laws disproportionately harm low-income communities and communities of color and cost us billions annually in enforcement, incarceration, and wasted human potential, without making us any safer. This unjust, backwards decision is wrong for America, and will prove to be on the wrong side of history.”

Trump’s seeming admiration of Philippines President Rodrigo Duterte’s drug policy, which is reported to have involved extrajudicial killings of hundreds of people suspected of using or selling drugs, also earned Booker’s condemnation. He said Trump’s praise of the leader “disturbs me to my core.”

At the same time that Booker was putting pressure on the Trump administration for taking a regressive stance on cannabis policy, he became increasingly vocal about the adult-use legalization. In 2017, he introduced the Marijuana Justice Act—a piece of cannabis legislation that not only ends prohibitions but also represented a paradigm shift in the reform movement for its provisions punishing states that have unfair enforcement practices.

“Federal marijuana policy has long overstepped the boundaries of common sense, fiscal prudence, and compassion,” he said. “Not to mention the hypocrisy of presidents, senators and Congress members openly admiring they have done a drug that others in this country, less privileged, have been arrested for.”

More recently, the senator pressed Trump’s attorney general nominee, William Barr, on whether he thought it was “appropriate to use federal resources to target marijuana businesses that are in compliance with state law.”

The line of questioning caused Barr to say he would not go after state-legal cannabis businesses if confirmed, and he also urged lawmakers to resolve conflicting federal and state marijuana laws.

Policy aides to Booker told The Washington Post on the day he announced his presidential candidacy that “legalizing marijuana” and “giving federal money to areas the government determines were most hurt by the war on drugs” would be central components of his platform.

Booker invited a man who was formerly incarcerated for selling drugs as his guest to Trump’s 2019 State of the Union address. “Edward’s experience illuminates the deep injustices that exist within our broken criminal justice system—a system that preys upon our most vulnerable communities—the poor, the mentally ill, people of color,” he said.

The senator said that while he’s happy to see growing support for cannabis reform, he wants the conversation to focus more on social and racial justice.

“I am pleased to see public sentiment moving as it is, but I have an approach to marijuana legalization that sees it as a justice issue and not just as an adult-use issue,” he told the Boston Globe. “The damage that the enforcement and prohibition has done to our country is outrageous, unacceptable, and violates our values.”

Personal Experience With Marijuana

Booker said that personal experience was not what informed his position on cannabis.

“I have never smoked marijuana, I have never smoked a cigarette, I have never eaten marijuana, I have never tried another drug, I have never drank alcohol,” he told Vice. “This to me is not an issue I come at through my own experimentations.”

“I come at this as an issue of justice, as an issue of safety for our communities, as an issue of utter fairness,” he said. “But I will tell you what, I might have my first drink of alcohol if my bill can become a law.”

Booker has also spoken about the differing experiences with cannabis enforcement for people in the urban community he lives in as compared to those whom he attended to elite colleges with.

“I live in an inner city community that has had a very different experience with marijuana prohibition than the affluent communities that I grew up in and that the universities and colleges I attended — and that’s just not fair,” he told the Boston Globe.

Marijuana Under A Booker Presidency

It is abundantly clear that Booker would be a powerful advocate for federal marijuana reform if elected president. His consistent condemnation of the drug war, in addition to his leadership on the issue of legalization in the Senate (particularly his sponsorship of the Marijuana Justice Act), makes him one of the fiercest proponents of reform in Congress. It stands to reason that he’d continue that work in the White House.

Where Presidential Candidate John Delaney Stands On Marijuana

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Culture

Lots Of Politicians And Companies Are Tweeting About Marijuana On 4/20

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It’s 4/20 again, and that means another slew of tweets from politicians and mainstream brands looking to use the marijuana holiday as a hook to get their message out.

Here’s a roundup of some of the best, funniest, most important or otherwise notable cannabis-related tweets of the day…

Sen. Cory Booker (D-NJ), a presidential candidate:

Sen. Bernie Sanders (I-VT), a presidential candidate:

Sen. Kamala Harris (D-CA), a presidential candidate:

Sen. Kirsten Gillibrand (D-NY), a presidential candidate:

Rep. Tulsi Gabbard (D-HI), a presidential candidate:

Rep. Eric Swalwell (D-CA), a presidential candidate:

Former Rep. Beto O’Rourke (D-TX), a presidential candidate:

Former Sen. Mike Gravel (D-AK), a presidential candidate:

Washington State Gov. Jay Inslee (D), a presidential candidate:

Former San Antonio, Texas Mayor Julián Castro (D), a presidential candidate:

Democratic presidential candidate Andrew Yang:

Senate Minority Leader Chuck Schumer (D-NY):

House Committee on Small Business:

Congressional Black Caucus:

Sen. Jacky Rosen (D-NV):

Rep. Earl Blumenauer (D-OR):

Rep. Ilhan Omar (D-MN):

Rep. Barbara Lee (D-CA):

Rep. Ro Khanna (D-CA):

Rep. Charlie Crist (D-FL):

Rep. Steve Cohen (D-TN):

Rep. Deb Haaland (D-NM):

Pennsylvania Lt. Gov. John Fetterman (D):

Los Angeles, California City Council President Herb Wesson (D):

Cook County, Illinois State’s Attorney Kim Foxx (D):

The American Civil Liberties Union:

Ben & Jerry’s:

Denny’s:

Hidden Valley Ranch:

Carl’s Jr.:

Boston Market:

George Washington’s Mount Vernon:

Bill Maher:

Miley Cyrus:

311:

The Onion:

Ben & Jerry’s Stands Out From Companies Just Trying To Make Money From 4/20

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State-Legal Marijuana Use Makes Immigrants Morally Unfit for Citizenship, Trump Administration Warns

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A federal immigration agency clarified on Friday that using marijuana or engaging in cannabis-related “activities” such as working for a dispensary—even in states where it’s legal—is an immoral offense that makes immigrants ineligible for citizenship.

When applying for naturalization, the process of gaining citizenship, individuals must have established “good moral character” in the five years preceding the application. Good moral character is a vague requirement that has been criticized by scholars and civil rights advocates, as assessing morality is arguably subjective.

According to the U.S. Citizenship and Immigration Services (USCIS), state-legal marijuana consumption renders individuals morally unfit for citizenship. The new policy clarification reflects a sentiment once expressed by former Attorney General Jeff Sessions, who said that “good people don’t smoke marijuana.”

The USCIS memo says that “violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing [good moral character] for naturalization even where the conduct would not be a violation of state law.”

Further, an applicant “who is involved in certain marijuana related activities may lack GMC if found to have violated federal law, even if such activity is not unlawful under applicable state or foreign laws,” the document says. The policy also applies to individuals who worked in the state-legal cannabis industry.

There have already been reports of people being denied citizenship due to their proximity to state-legal marijuana businesses. Earlier this month, Denver Mayor Michael Hancock hosted a group of immigrants who said their work in the state’s cannabis industry was being used as justification by federal officials to deny them citizenship.

“In Colorado, cannabis has been legal for 5 years. For work in a legal industry to be used against an individual trying to gain citizenship is a prime example of why we need to harmonize our state and federal laws to ensure that states like Colorado that have moved to legalize cannabis can act in our own authority to expand and regulate our cannabis industry,” Rep. Joe Neguse (D-CO), told Marijuana Moment in reaction to the Trump administration memo.

Legalization activists also criticized the move.

“The cruel treatment of immigrants for offenses related to something as minor as marijuana is illustrative of the way this administration has used the war on drugs to pursue communities of color,” Michael Collins, director of national affairs at the Drug Policy Alliance, told Marijuana Moment. “It also shows that pursuing a state by state approach to federal policy doesn’t work for these communities. Federal descheduling is essential.”

While the federal policy deeming marijuana use a violation of “good moral character” standards for immigration purposes was already on the books, it seems the spread of state-level cannabis legalization has prompted the agency, which is part of the Department of Homeland Security, to issue the clarification.

“A number of states and the District of Columbia (D.C.) have enacted laws permitting ‘medical’ or ‘recreational’ use of marijuana. Marijuana, however, remains classified as a ‘Schedule I’ controlled substance under the federal CSA,” the updated USCIS policy manual now reads. “Schedule I substances have no accepted medical use pursuant to the CSA. Classification of marijuana as a Schedule I controlled substance under federal law means that certain conduct involving marijuana, which is in violation of the CSA, continues to constitute a conditional bar to GMC for naturalization eligibility, even where such activity is not a criminal offense under state law.”

“Such an offense under federal law may include, but is not limited to, possession, manufacture or production, or distribution or dispensing of marijuana. For example, possession of marijuana for recreational or medical purposes or employment in the marijuana industry may constitute conduct that violates federal controlled substance laws. Depending on the specific facts of the case, these activities, whether established by a conviction or an admission by the applicant, may preclude a finding of GMC for the applicant during the statutory period. An admission must meet the long held requirements for a valid ‘admission’ of an offense. Note that even if an applicant does not have a conviction or make a valid admission to a marijuana-related offense, he or she may be unable to meet the burden of proof to show that he or she has not committed such an offense.”

The underlying policy does provide an exception for “a single offense of simple possession of 30 grams or less of marijuana.”

An additional update to the policy manual stipulates that the exception “is also applicable to paraphernalia offenses involving controlled substances as long as the paraphernalia offense is ‘related to’ simple possession of 30 grams or less of marijuana.”

That detail wasn’t included in an earlier 2014 version of the USCIS policy manual.

The policy alert is similar to an update the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued in 2017 when the federal gun purchase application form was revised to include a warning that the “use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside” and therefore disqualifies applicants.

But the USCIS clarification also reflects a recent ratcheting up of anti-immigration policy moves under the Trump administration.

Jason Ortiz, vice president of the Minority Cannabis Business Association, told Marijuana Moment that the new memo reflects a “callous and irrational decision” by the administration and “is a reminder that without comprehensive cannabis reform our communities of color will continue to be prosecuted and subject to deportation for activity that is legal for affluent communities around the country.”

“Proposals such as the STATES act which seek to simply ease the risk on business do not address these deeper issues related to federal prohibition,” he said. “Considering the devastating effects our war on drugs had on Latin America, immigration reform must be a necessary component of any comprehensive cannabis legalization policy.”

People Could Use Marijuana In Public Housing Under New Congressional Bill

This story has been updated to include comment from Neguse.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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USDA Clarifies That Farmers Can Import Hemp Seeds From Other Countries

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The U.S. Department of Agriculture (USDA) clarified on Friday that hemp seeds can be imported into the U.S., and that the Justice Department no longer has a role in that process.

While USDA is still developing regulations for hemp cultivation under the 2018 Farm Bill, which federally legalized the crop and its derivatives, farmers can still obtain seeds in the meantime.

The agriculture legislation “removed hemp and hemp seeds from DEA authority for products containing THC levels not greater than 0.3 percent” and “DEA no longer has authority to require hemp seed permits for import purposes.”

“U.S. producers and hemp seed exporters have requested assistance from USDA to provide an avenue for hemp seed exports to the United States,” the department wrote in a bulletin. “The U.S. Department of Agriculture regulates the importation of all seeds for planting to ensure safe agricultural trade. Under this authority, USDA is providing an alternative way for the safe importation of hemp seeds into the United States.”

Sen. Jon Tester (D-MT) is among those who’ve requested assistance related to hemp importations. Earlier this month, he told Agriculture Secretary Sonny Perdue that the DEA was blocking Montana farmers from importing hemp seeds.

Perdue said during the hearing that the matter was “news to me” and explained that farmers can import and cultivate hemp under the research-focused provisions in the prior 2014 version of the legislation while the USDA worked to enact new regulations.

In a letter sent to the acting administrator of Customs and Border Protect (CBP) on Tuesday, Tester and Sen. Patrick Leahy (D-VT) raised the concern again, imploring CBP to update its policy to reflect that hemp seeds can be lawfully imported. The letter was obtained by the industry advocacy group Vote Hemp.

The USDA bulletin specified how the process works for imports from Canada and other countries.

Importation of Hemp Seed from Canada

“Hemp seeds can be imported into the United States from Canada if accompanied by either: 1) a phytosanitary certification from Canada’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected; or 2) a Federal Seed Analysis Certificate (SAC, PPQ Form 925) for hemp seeds grown in Canada.”

Importation of Hemp Seed from Countries other than Canada

“Hemp seeds may be imported into the United States from countries other than Canada if accompanied by a phytosanitary certificate from the exporting country’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected.

Hemp seed shipments may be inspected upon arrival at the first port of entry by Customs and Border Protection (CBP) to ensure USDA regulations are met, including certification and freedom from plant pests.”

The rulemaking process for hemp may take some time, as Perdue said the department would not expedite the regulations and will be “taking this slow.” Once the USDA has a regulatory framework in place, it will begin approving state plans, and those states will be the primary regulators.

For the time being, however, there’s nothing stopping farmers from collecting certified hemp seeds. Not even the DEA.

Trump Agriculture Secretary Accepts Invitation To Tour Hemp Farms

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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