Weekly Legislative Roundup 9/21/18

Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

This week, reports circulated that  the US Customs and Border Protection Agency will enforce a federal policy denying entry into the United States any individual involved in Canada’s burgeoning marijuana market. Under the policy, US officials are to bar entry to Canadians who acknowledge having consumed marijuana at any time in their past, as well as those who are either employed or invested in legal cannabis enterprises. NORML responded here.

The U.S. Senate’s VA Medicinal Cannabis Research Act of 2018 got one more cosponsor, for a total of five. And The U.S. House’s Fairness in Federal Drug Testing Under State Laws Act got two new cosponsors, for a total of three.

At the state level, the New Jersey Department of Health removed the ban that prohibited licensed medical cannabis dispensaries from selling concentrates to patients. Separately, details arose about New Jersey’s soon-to-be-filed marijuana legalization bill, which includes what would be the lowest tax rate in the country, home delivery, social consumption sites, and provisions benefiting small and minority owned businesses, but nothing about home cultivation. Nothing is final yet.

Several New York Assembly committees have scheduled the first of what will be four joint hearings this fall on the prospect of legalizing marijuana in the Empire State. This comes as Gov. Andrew Cuomo’s administration is holding a series of separate listening sessions across the state to gather public input on cannabis legalization.

Mississippi activists kicked off their signature gathering effort for a 2020 medical cannabis ballot initiative. Massachusetts recreational marijuana stores are unlikely to open until late October at the earliest after regulators failed to issue any final licenses at its Thursday meeting. Kentucky lawmakers held an interim hearing on medical cannabis, and the West Virginia Legislature’s Joint Committee on Health met to discuss banking access issues for medical cannabis businesses.

Commonwealth of the Northern Mariana Islands Gov. Ralph Torres (R) signed a marijuana legalization bill into law, making the territory the first place in the U.S. to end prohibition without first having a medical cannabis program.

California Gov. Jerry Brown (D) signed two bills into law this week,  one preventing marijuana businesses from sharing consumers’ information for commercial purposes, and another clarifying that marijuana distributors can transport products to other distributors and that labs can test home-grown cannabis. Brown also vetoed a bill that would have allowed marijuana businesses to deduct business expenses under the state’s personal income tax law.

At a more local level, the Broken Arrow, Oklahoma City Council adopted ordinances regulating medical cannabis businesses.

Following are the bills we’ve tracked this week pending before California Governor Jerry Brown, and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

Decriminalize Cannabis: Senate Minority Leader Chuck Schumer is sponsoring the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

Click here to email your senators in support of this important legislation

California

Assembly Bill 1793 seeks to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence. The bill was approved by the Senate last week.

Update: AB 1793 awaits action from Governor Brown.

CA resident? Click here to email your Governor in support of expungement

Senate Bill 1127 would help students with severe medical disabilities attend school by allowing a parent or guardian to come on school grounds to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was already approved by the Senate earlier this year.

Update: After failing to gain enough votes for passage in the Assembly on 8/23, a motion to reconsider was granted and on 8/27, SB 1127 was approved by the Assembly with a 42-29 vote. The bill now awaits action from Governor Brown.

CA resident? Click here to email your Governor in support of allowing students’ medical marijuana at school

Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: SB 829 was approved by the full Assembly with a 65-2 vote on 8/29. The bill now goes back to the Senate for concurrence since it was amended in the Assembly. SB 829 is being heard by the Senate Governance and Finance Committee on Friday 8/31, and then will go to the Senate floor for a vote.

CA resident? Email your senators in support of supporting compassionate care programs

That’s all for this week!

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Marijuana Law Reform Advocates Head to Harrisburg

With a state legislative session spanning almost an entire calendar year, supporters of marijuana law reform efforts in Pennsylvania are working overtime to make sure their voices are heard. That’s why members of Lehigh Valley NORML, Pittsburgh NORML, Lancaster NORML and Philly NORML are teaming up with the Keystone Cannabis Coalition and ACLU of Pennsylvania for rally and lobby day next week in the state’s capital of Harrisburg.

Click Here to RSVP Today!

“Marijuana activists in Pennsylvania are poised to introduce an aggressive agenda for reform in 2019 when they fill the Capitol Rotunda at 10am on Monday, September 24,” said Jeff Riedy, Executive Director of Lehigh Valley NORML. “With cannabis arrest counts rising across the state and neighboring states threatening legalization, the time is right for this discussion in Pennsylvania.”

But activists in the Keystone State have come a very long way in just a short amount of time.

Local Victories

In late 2014 Philadelphia’s city council decriminalized simple possession of marijuana. Little did they know, their decision would trigger a wave of municipalities across the Commonwealth to adopt similar measures. In the years following, local lawmakers in Pittsburgh, State College, Harrisburg, York, Erie, and most recently, Bethlehem followed suit.

These local victories were celebrated not just by advocates, but also the Commonwealth’s Auditor General Eugene DePasquale, who shared the following statement:

“Decriminalization saves millions of dollars spent yearly on marijuana prosecutions. Decriminalization also has human benefits by reducing the loss of income and other social, personal and emotional impacts on those arrested for simply possessing a small amount of marijuana.”

Full statement here: https://bit.ly/2NvfopR

Statewide Victories

Following the flurry of local marijuana law reform victories across the Commonwealth, lawmakers in Harrisburg passed SB 3: The Medical Marijuana Act in 2015 which was later signed into law by Governor Wolf in early 2016. Passage of the law established rules and regulations for the state’s medical marijuana program which permits registered patients to access cannabis oils, pills and tinctures, but due to a restriction against smoking, the availability of marijuana flower was delayed.

After months of pressure from patients and advocacy groups, Pennsylvania’s medical marijuana advisory board recommended several updates to the state’s program. One of which, was allowing the sale of marijuana flower. The catch? It must be consumed using a vaporizer. This means no smoking. Regardless of a few hiccups, dispensaries began serving patients earlier this year.

Looking ahead, advocates are hoping to educate state lawmakers about the benefits of ending the criminalization and harassment of honest, hardworking Pennsylvanians for simply possessing a small amount of marijuana.

“New legislation will be introduced at the rally, as 2019 will mark the first time that PA will have partner bills for decriminalization and legalization in both House and Senate. If Pennsylvanians could vote on cannabis legalization in November, I am confident that we would win,” added Riedy.

Midterm Election

Considering Pennsylvania is one of several states that lacks a ballot initiative process, all marijuana law reform efforts must be pursued through the state legislature. This means, in order to be successful, advocates must educate those who are willing to listen or elect new, more supportive lawmakers to represent them in Harrisburg. So make no mistake, the outcome of this November’s election will certainly have an impact on the future of marijuana in the Keystone State.  

Register To Vote Today!

That’s why we’re encouraging voters in Pennsylvania to support Jon Fetterman, an outspoken supporter of legalizing marijuana, who is running for Lieutenant Governor. Mr. Fetterman was the very first candidate endorsed by NORML PAC for the 2018 midterm elections.

Read more about our endorsement here: https://bit.ly/2OMBjoM

For future updates on marijuana law reform efforts in Pennsylvania, follow Lehigh Valley NORML on Twitter and Facebook!

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NORML Endorses Utah’s Proposition 2

The National Organization for the Reform of Marijuana Laws (NORML) endorses Proposition 2: The Utah Medical Cannabis Act, which regulates the licensed production and distribution of medical cannabis products to qualified patients who possess a physician’s recommendation.

Seventy-seven percent of adults express support for the law change, according to statewide polling data compiled in March.

“Proposition 2 is the result of years of intransigence on the part of Utah politicians who have time and time again refused to move forward with legislation to provide regulated cannabis access to the array of patients who could benefit from it,” NORML Political Director Justin Strekal said.

Under legislation enacted by the legislature in 2018, only those patients who are terminally ill may potentially access cannabis-infused products. To date, however, such products are not yet legally available.

“Passage of Proposition 2 will assure that those patients with qualified debilitating conditions who need medical cannabis have access to lab-tested products via a tightly regulated system of licensed, above-ground state-licensed facilities,” Strekal added.

If enacted by voters this November, Utah would become the 32nd state to permit patients’ access to medical cannabis.

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Justice for Botham: Law Enforcement and Media Attempt to Slander Murder Victim Over Marijuana

After the murder of Botham Jean by Dallas Police Officer Amber Guyger, in his own home, some, but not all, of the search warrants that were executed were released to public record. One of which, that was released the same day as Botham Jean’s funeral, listed a small amount of marijuana among the items found in Jean’s apartment.

Commenting on the developments, NORML Executive Director Erik Altieri stated:

“The release of a Dallas police affidavit into the public record regarding marijuana found in Botham Jean’s apartment is nothing more than an attempt by law enforcement and the media to posthumously criminalize and cast aspersions on a man who by all accounts is guilty of nothing other than sitting quietly in his own home. Over half of all Americans have consumed marijuana at some point in their lives and to pretend in any way the possession of a plant that is objectively safer than alcohol or tobacco provides legitimacy to his extrajudicial execution is disgusting and egregious. Whether or not the victim possessed marijuana is irrelevant to the case and a sad attempt to slander an otherwise innocent person. Botham Jean and his family need and deserve justice, not a pathetic attempt at a smear campaign.”

You can read more about this developing situation here and here.

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Weekly Legislative Roundup 9/14/18

Welcome to the latest edition of NORML’s Weekly Legislative Roundup!

The U.S. House Judiciary Committee approved legislation (HR 5634: The Medical Cannabis Research Act of 2018) to facilitate federally-approved clinical trials assessing the efficacy of whole-plant cannabis. The vote marks the first time that lawmakers have ever decided in favor of easing existing federal restrictions which limit investigators ability to clinically study marijuana in a manner similar to other controlled substances.

On the other hand, a congressional conference committee opted not to include a Senate-passed provision in a bill to fund the U.S. Department of Veterans Affairs. The measure is known as the Veterans Equal Access Amendment, which sought to facilitate veterans’ access to medical cannabis in jurisdictions that regulate it.

Also, U.S. Senator Dianne Feinstein (D-CA), one of Congress’s more ardent drug warriors—signed on as a cosponsor of the STATES Act, to remove the threat of federal intervention and prosecution in states that regulate marijuana use and sales.

At the state level, New Mexico’s health secretary approved adding obstructive sleep apnea as a medical cannabis qualifying condition, but rejected adding opioid addiction, muscular dystrophy, Tourette’s syndrome, eczema and psoriasis. Separately, regulators are holding a series of public meeting next month to receive feedback on proposed hemp rules.

Vermont’s marijuana legalization study committee held a meeting. And California Gov. Jerry Brown (D) signed a bill prohibiting the marketing of cannabis products on websites used by minors.

At a more local level, Brooklyn, New York’s district attorney is moving to expunge thousands of marijuana convictions. And Manhattan’s district attorney is moving to vacate misdemeanor marijuana warrants. He appeared in court to move to dismiss 3,000 marijuana cases dating back to 1978.

The Lancaster, Pennsylvania City Council amended a proposed marijuana penalty reduction ordinance, with a final vote expected later this month. The Green Bay, Wisconsin Common Council is considering lowering fines for marijuana possession. And Oklahoma City, Oklahoma’s City Council heard testimony on a proposed marijuana decriminalization ordinance.

Following are the bills we’ve tracked this week pending before California Governor Jerry Brown, and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

Decriminalize Cannabis: Senate Minority Leader Chuck Schumer is sponsoring the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

Click here to email your senators in support of this important legislation

California

Assembly Bill 1793 seeks to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence. The bill was approved by the Senate last week.

Update: AB 1793 awaits action from Governor Brown.

CA resident? Click here to email your Governor in support of expungement

Senate Bill 1127 would help students with severe medical disabilities attend school by allowing a parent or guardian to come on school grounds to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was already approved by the Senate earlier this year.

Update: After failing to gain enough votes for passage in the Assembly on 8/23, a motion to reconsider was granted and on 8/27, SB 1127 was approved by the Assembly with a 42-29 vote. The bill now awaits action from Governor Brown.

CA resident? Click here to email your Governor in support of allowing students’ medical marijuana at school

Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: SB 829 was approved by the full Assembly with a 65-2 vote on 8/29. The bill now goes back to the Senate for concurrence since it was amended in the Assembly. SB 829 is being heard by the Senate Governance and Finance Committee on Friday 8/31, and then will go to the Senate floor for a vote.

CA resident? Email your senators in support of supporting compassionate care programs

That’s all for this week!

NORML Blog, Marijuana Law Reform

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NORML Responds to US Border Policy Barring Canadians Involved In Legal Marijuana Market

NORML staff today responded to reports that the US Customs and Border Protection Agency will enforce a federal policy denying entry into the United States any individual involved Canada’s burgeoning marijuana market. Under the policy, US officials are to bar entry to Canadians who acknowledge having consumed marijuana at any time in their past, as well as those who are either employed or invested in legal cannabis enterprises.

Canada legalized the regulated production and distribution of medical cannabis in 2,000. In June of this year, Canadian lawmakers gave final approval to separate legislation regulating the adult use marijuana market. The new law takes effect on October 17, 2018.

“This is an irrational and discriminatory policy that unduly penalizes tens of thousands of Canadians who pose no health or safety risk to the United States. Let’s be clear: these are people engaged in activity that is legal in their home country of Canada — and it is activity that is also legally regulated in a majority of US states,” NORML Deputy Director Paul Armentano said. “Further, to inappropriately classify those who are either employed or simply have invested in the Canadian cannabis industry, an industry that has been legal in Canada for well over a decade already, as drug traffickers fails to pass the smell test.”

He added, “At a time when public opinion and the culture around marijuana is rapidly shifting, not just in the US but around the world, it is inane for US border officials to maintain such a draconian and backward-looking policy.”

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Kentucky NORML Newsletter for September 2018

State News:

On Sept. 7th, 2018, the Interim Joint Judiciary Committee held a meeting to discuss medical marijuana and the bill being proposed by Rep. Nemes (R-), Rep. St. Onge (R-), Rep. Hart (R-) and Rep Sims (D-). They discussed their bill and invited Louisville resident Cassie Everett and her family to speak at the event. Link to article Link

Kentucky Farmers Find Hemp More Profitable Than Tobacco. Link to article

McLean Businessman Among State-Approved Cannabis Growers Link to article

Rep. Jason Nemes, R-Louisville, presents information on proposed legislation on medical marijuana for the 2019 Regular Session of the General Assembly during the Interim Joint Committee on Licensing, Occupations, and Administrative Regulations. Link to article

National News:

A Rare Moment of Bi-Partisan Agreement is Underway for Sen. McConnell Sponsored “Hemp Farming Act” (Link to article).

Upcoming Events:

September 14th – Licensing, Occupations, & Administrative Regulations – 10 am – The Capitol, Frankfort, KY

September 18th – KY NORML General Meeting –  One Love Hemp Dispensary, 1908 Bardstown Rd., Louisville, KY 40205. Meeting from 5:30 PM – 6:30 PM.Ice Cream Social Put on by Cozmic Gardens from 5 PM – 6:30 PM. 20% of all sales at One Love Hemp Dispensary from 5PM-Close (8 PM) go to benefit KY NORML.

October 5th – Commemorating the Victims of Prohibition – On October 2nd, 1937, the United States enacted the Marijuana Tax Stamp Act which effectively outlawed cannabis. Three days later, on October 5th, the FBI and the Denver police raided the Lexington Hotel and arrested Samuel R. Caldwell and Moses Baca. Caldwell and Bacca are recognized as the first citizens convicted of selling and possessing cannabis. Both men served the entirety of their sentences, with Caldwell dying shortly after his release from four years of hard labor.

October 18th – Economic Development and Workforce Transportation – 10 AM, Lexington, KY (more info to come)

October 25th – Appropriations and Revenue Committee Meeting – 1 PM, Northern Kentucky (more info to come)

KY NORML‘s mission is to move public opinion sufficiently to influence legislators for the expansion of our hemp industry, implementation of medicinal cannabis, and laying the foundation for responsible adult use.

To support KY NORML you can DONATE HERE or purchase some of our apparel below! Your donations help pay the bills and allow us to function and continue to make a difference in our state! Can you kick in $ 5$ 10 or $ 20 to help us keep going?

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Congressional Committee Approves Legislation To Facilitate Clinical Cannabis Research

Members of the House Judiciary Committee voted today in favor of legislation (HR 5634: The Medical Cannabis Research Act of 2018) to facilitate federally-approved clinical trials assessing the efficacy of whole-plant cannabis. The vote marks the first time that lawmakers have ever decided in favor of easing existing federal restrictions which limit investigators ability to clinically study marijuana in a manner similar to other controlled substances.

“The federal hurdles in place that currently discourage clinicians from engaging in clinical cannabis research have long been onerous and irrational,” NORML Deputy Director Paul Armentano said. “It is high time that lawmakers recognize this problem and take action to amend it so that investigators may conduct the same sort of high-quality clinical research with cannabis that they do with other substances.”

Currently, federal regulations mandate that investigators participating in FDA-approved clinical trials involving cannabis must obtain marijuana from a single, federally-licensed source, the University of Mississippi. However, many of those familiar with their product have criticized its quality, opining that it possesses subpar potency, is often poorly manicured, and that it does not accurately reflect the wide variety of cannabis products and strains available to consumers.

As the result of a lawsuit, DEA Administrative Law Judge Mary Ellen Bittner in 2007 ruled that expanding the pool of federally licensed providers would be “in the public interest.” The agency ultimately rejected that decision. In 2016, the DEA publicly changed its stance and amended regulations in a manner to permit additional applicants to apply for federal licensure to grow marijuana. However, the United States Attorney General’s office has failed to take action on any pending 25 applications submitted following the 2016 rule change.

House Bill 6534, sponsored by Rep. Matt Gaetz (R-FL) and 40 cosponsors mandates the Attorney General to take action on these pending federal applications, and to approve at least two additional marijuana manufacturers within a year. The measure also explicitly permits the Veterans Affairs office to engage in clinical trials involving the cannabis plant.

While some Democrats on the Committee, as well as some drug policy reform organizations, expressed criticism with regard to a provision in the bill restricting applicants with a drug-related conviction, lawmakers indicated that they would consider revising this language prior to the bill receiving a vote on the House floor.

Armentano concluded: “While this vote marks a step forward, it must also be acknowledged that despite existing barriers to research, ample studies already exist to contradict cannabis’ federal, schedule I status as a substance without medical utility, lacking acceptable safety, and possessing a high potential of abuse. More clinical research is welcome, but unfortunately science has never driven marijuana policy. If it did, the United States would already have a very different policy in place.”

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NORML Endorses Michigan’s Proposal 1

The National Organization for the Reform of Marijuana Laws (NORML) is pleased to endorse Proposal 1: The Michigan Regulation and Taxation of Marihuana Act, which will appear on November’s electoral ballot.

The initiative permits those over the age of 21 to possess and grow personal use quantities of cannabis and related concentrates, while also licensing activities related to commercial marijuana production and retail marijuana sales.

“NORML endorses Proposal 1 because it will bring an end to the criminal arrest and prosecution of tens of thousands of adults annually, while generating new economic and tax revenue for the state of Michigan,” said NORML Political Director Justin Strekal. “Voters in recent years have consistently voted ‘yes’ on these types of adult use ballot measures, and we believe that Michigan’s voters will similar embrace this common-sense proposal.”

Over 56 percent of likely voters say they back the passage of Proposal 1, according to polling data released this week by The Detroit News. Among voters between the ages of 18 and 39, over 70 percent support the ballot initiative.

If enacted by voters this November, Michigan will become the tenth US state to regulate adult marijuana use.

Proponents of the effort, The Coalition to Regulate Marijuana Like Alcohol, include members of Michigan NORML, the Marijuana Policy Project, the ACLU of Michigan, the Drug Policy Alliance, the National Patients Rights Association MI Legalize, the Michigan Cannabis Coalition, and lawyers from the State Bar of Michigan Marijuana Law Section.

Commenting on the endorsement, Rick Thompson of the Michigan NORML Board of Directors stated, “The people of Michigan have waited a long time and suffered for decades as cannabis was criminalized. By bringing an end to that sad chapter in our state’s history, we hope to be an inspiration to cannabis advocates in other states, and that our Coalition’s language is used as the new starting point for legalization proposals across America.”

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NORML Chapters Focus on Voter Registration and Education

As the summer months come to a close and as political campaigns around the country ramp up outreach efforts, NORML chapters are working to make sure that supporters of marijuana law reform efforts are registered to vote. Through our partnership with Rock the Vote, we’ve made it quick and easy for our members and supporters to make sure their voices are heard this November. This is especially important in states like Missouri, Michigan, North Dakota and Utah — where marijuana law reform initiatives will appear on ballot this November.

Register to Vote Today!

Share our Voter Registration Tool on Facebook

Share our Voter Registration Tool on Twitter

From hosting voter registration drives, and voting parties, to providing education about voting laws and the benefits of ending marijuana prohibition, NORML Chapters will be busy engaging voters and mobilizing supporters in advance of this November’s election.

“With Missouri’s voter registration deadline quickly approaching, it’s important for supporters of Amendment 2 to make sure they’re registered to vote. Historically, marijuana ballot initiatives perform better when younger people vote. Voter turnout will absolutely be a factor in the outcome of this November’s election,” said Jamie Kacz, Secretary of Missouri NORML.

Also, to help educate our members and supporters about candidates who are supportive of marijuana law reform efforts, NORML is working with “Smoke the Vote” to create state-level and congressional scorecards, similar to our Governor Scorecard, that outlines each candidate’s marijuana policy positions. The final version will be available within the next few days. Furthermore, several NORML chapters, like Arizona NORML and Texas NORML, have created their own regional voter guides for the 2018 midterm elections!

“Texans rely on elected officials to change marijuana laws,” added Jax Finkle, executive director of Texas NORML. “This is why registering to vote and getting to the ballot box is so important. With several key races polling only points apart, it is integral you know where legislators stand on the issue. Stay tuned for our General Election Voter Guide coming out at the beginning of August.”

Below are a few more resources that should come in handy over the next couple of months.

Resources and Tools for Voter Registration:

Additional Resources:

Register to Vote Today!

Share our Voter Registration Tool on Facebook

Share our Voter Registration Tool on Twitter

For over 45 years NORML chapters have been leading marijuana law reform conversations and continue to be the driving force behind policy decisions on the local and state level. Have you connected with your local NORML chapter? If there isn’t one in your community, please reach out to KevinM@NORML.org for help starting your own!

Ready to start a NORML chapter in your hometown? Click here to find out how!

NORML Blog, Marijuana Law Reform

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