Mississippi Today
‘The state threw them to the wolves’: Health department struggles to manage massive medical marijuana program
‘The state threw them to the wolves’: Health department struggles to manage massive medical marijuana program
Behind closed doors, Mississippi’s eight-person medical cannabis office is struggling against its workload.
The Health Department office charged by the Legislature with running Mississippi’s new medical marijuana program is steeped in disorganization: agents rarely visit cultivation sites, application backlogs reach hundreds deep, and lags in communication with licensees often stretch on for weeks, a Mississippi Today investigation found.
Business owners feel frustrated, unheard and worried that the millions of dollars they invested — and the tens of thousands they paid in fees to the state — could go up in smoke.
“The state threw them to the wolves,” cultivator Joel Harper said of the fledgling marijuana office. “They should have paid the money to bring in professionals, even a third-party consultant. Instead, they’re sending people out into the cannabis world who have no idea about anything cannabis.”
At the center is a handful of workers, tasked with unrolling a massive program without enough staffing to operate efficiently. Cultivators say when they do hear back from the office, the messages are incomplete or inconsistent – especially when it comes to how they construct their farming facilities.
And that’s if they hear back at all. The office already has mountains of unprocessed paperwork.
As of the second week of January, 277 work permit applications sat in a queue waiting to be processed, according to copies of the office’s records obtained by Mississippi Today. Could-be cannabis workers can’t start their jobs without permits. Another 995 patients had yet to to be told whether or not they’ve been approved for their dispensary cards.
Three dozen businesses had their own applications stuck, along with almost 40 other medical practitioners, the records show.
In a statement to Mississippi Today, department of health spokesperson Liz Sharlot acknowledged the backlogs.
“We are working with the MMCP (Mississippi Medical Cannabis Program) Licensing Director and the team on how to put more efficient processes in place,” she said.
Even when the office hired new workers – growing from four to eight in recent months – little was done to train them on the law and the industry, an employee of the health department told Mississippi Today. The employee spoke on the condition of anonymity out of fear of repercussions.
The health department said in October, when Mississippi Today first reported the backlogs, it was working to fill 25 more positions. That has yet to happen.
The health department worker said much of the disorganization stems from the office’s former director Kris Jones Adcock.
The Department of Health did not answer questions related to plans to increase staffing levels or what medical marijuana-related training their current staffers received.
“The people of Mississippi deserve better,” the worker said.
During one five-week period, Adcock held three jobs simultaneously within the health department: the cannabis role, the head of a domestic violence office, and a promotion to a department-wide role as assistant senior deputy.
The health department didn’t respond to questions about the effects managing three positions may have had on her ability to run the cannabis office. Adcock now holds only one department-wide role: Assistant Senior Deputy to the Senior Deputy.
Adcock announced two weeks ago that the office’s attorney, Laura Goodson, would be the acting director.
The health department employee also said Adcock set a tone of rushed processes and absentee leadership that has left the marijuana office in clean-up mode.
“There was no due diligence on some of the applications,” the worker said. “Some of it was her knee-jerk reaction to get stuff out the door after it (the backlog) built up. Instead of an orderly process, it was just rushed.”
Emails obtained by Mississippi Today show that it wasn’t just cultivators struggling to hear back. The head of a lab testing facility also expressed frustration.
“The complete lack of communication is just not feasible any longer,” Rapid Analytics director Jeff Keller wrote to Adcock on Dec. 16. “I am begging you to please just name the time on Monday and I will make it work.”
A month later, one of Keller’s employees sent his own desperate plea to the office.
“I’m trying to find out when I’ll be able to start working there,” he wrote about his job at the lab. “My background check was cleared on December 15th … I’ve left multiple messages but have not received a response.”
The CEO of test facility Steep Hill, Cliff Osbon, sent his own email on Jan. 13 on behalf of four employees who still needed their work permits so they could begin work and the lab could start testing marijuana.
Neither testing lab responded to Mississippi Today’s request for a comment.
Zack Wilson, a micro-grower in Potts Camp, said he had a worker waiting more than two weeks on a work permit.
“You send an email. Wait two weeks. Email again,” Wilson said. “You just sit and wait. I know they’re short staffed, but come on guys.”
Cultivators say unanswered questions have led to a murky-at-best understanding of how some of the regulations are being interpreted and enforced.
That’s bubbled up with the use of so-called “adapted greenhouses,” putting already competitive cultivators more at odds. The regulations call for no outdoor growing, a solid roof, permanent walls and slab foundations.
In the early days after the law was passed, Harper, the head of Como-based Pharm Grown Canna Company, said officials made it clear to industry hopefuls that greenhouses would not be approved as growing facilities. So he, like many others, invested money in renovating a large warehouse that would rely on artificial lights.
In the last few months, he’s noticed much cheaper greenhouse-style structures popping up with the health department’s approval.
Harper and others who followed the bill’s creation closely say greenhouses go against the spirit of what legislators intended.
The debate comes down to word definitions that aren’t spelled out in the law itself. If the bill doesn’t allow any “outdoor” growing, that should mean the structure can’t utilize the sun, some argue. The greenhouses have clear-plastic roofs to use a mix of sun and artificial light. If the facility needs to have a solid and secure roof, clear plastic shouldn’t be permitted, according to some interpretations.
Cultivators like Wilson don’t see it that way.
“The roof certainly isn’t made of liquid or gas,” he said. “Plastic is a solid.”
Wilson said his site plan, including the materials he was using, were all approved by the health department when he handed in his application. He was given his cultivation license in August, according to public records.
Another cultivator, Jason McDonald, is building his own greenhouse under the company name SADUJA. He received his license on Dec. 22. He said his roof is two layers of clear plastic. He has screened-in shutter windows, a cement foundation and plumbing. McDonald runs a tea farm. He’s used to meeting regulations and dealing with bureaucracy and hopes to start growing marijuana by the end of the month.
Mississippi Today also obtained documents Adcock signed off on the site plan, including a hand-drawing where the facility was labeled “greenhouse.”
“I emailed them and asked: ‘Will this greenhouse we’re planning to build meet regs?” McDonald recalled. “They came back and said: ‘you need to read the regulations’ so, I quoted the regulations and said ‘what’s the ruling on this?’ and they said ‘you need to read the regulations.’ I added the specific subsection, and then never got an answer back.”
The word greenhouse, he said, can summon something different depending on the cultivator. He, like others, agrees Mockingbird Cannabis should have been cited for its greenhouse that was under scrutiny in the fall because it had roll-up sides, not permanent walls.
Mockingbird also built a massive state-of-the-art warehouse as its main cultivation site.
“I will tell you we haven’t done anything we didn’t disclose to the Department of Health and in our application,” Mockingbird CEO Clint Patterson told Mississippi Today in October.
Harper and other warehouse operators don’t blame the small businesses for building greenhouses — they’re cheaper to construct and run, leading to significantly higher profit margins. They blame the state for approving them.
“We want them to succeed,” Harper said of greenhouse growers. “We just want them to do it in the way everybody else had to.”
The leading authors behind the bill that created the medical marijuana program could not be reached by Mississippi Today after repeated requests for comment. Rep. Lee Yancey said in the fall that it was the health department’s job to interpret the rules, and if the statutes were not clear enough, it would be addressed in the Legislature.
Sharlot, the health department spokesperson, said it did not approve a model for greenhouses and pointed to the “regulations that specify the physical requirements for a cultivation facility.”
“The MSDH met and continues to meet its statutory requirements as it did with the aggressive timelines in creating the MMCP,” she said.
On Jan. 11, Adcock brought her recommended changes to cannabis regulations before the board of health hoping for the members’ swift approval.
Public commenting regarding updates to the regulations were open for less than a week, ending the day before Christmas Eve. It got about 150 comments, Adcock told the board.
The end result was a thick stack of paper delivered to each board member fewer than two days before the meeting.
“To get 1,000 pages, less than 48 hours before our meeting, it’s almost impossible to review to know what we’re really doing,” said Jim Perry, the head of the board’s cannabis committee.
Adcock’s proposed changes covered everything from batch sizes for testing to whether a cultivation license could cover more than one growing space under a single license.
During the meeting, Perry said he wasn’t comfortable with passing changes without time to review them and ask questions. State Health Officer Dr. Daniel Edney apologized to the board for the ream of paper and the lack of notice. He promised it wouldn’t happen again.
“Cannabis is special and unique and needs to be heavily vetted,” Edney said at the meeting.
Adcock went over some of the regulation changes she said were the most “emergent,” but ultimately the board chose not to act.
Following the meeting, Perry told a Mississippi Today reporter the committee process was created so “we can hear from people and be able to make well-informed and not rushed decisions.”
A committee meeting about the regulations has been scheduled for Jan. 26 at 3 p.m.
With the constant flood of applicants, strapped-for-time staffers aren’t making regular site visits, according to cultivators and those with inside knowledge of the office. That means growers can get their provisional four-month licenses extended, begin growing, finish batches and have them tested and sent to market without having ever met an agent in person.
Onsite visits are required for a renewal of a license, but not for moving a provisional license to a permanent one, according to the health department. When asked about the frequency of agent visits, Sharlot emphasized that the office is remotely monitoring all cultivators with the seed-to-sale tracking program.
Meanwhile, the 163 licensed dispensaries are eying the number of patients – Sharlot said 1,732 as of Monday – who have licenses to purchase medical cannabis. They’re worried it won’t be enough to sustain a business after months paying rent without revenue.
The department of health worker who spoke to Mississippi Today said whenever they make a dent in the patient queue, it doesn’t take long to climb back over 1,000.
The health department says it has licensed a total of 73 cultivators; 12 processors; four waste disposal companies; nine transportation companies; three testing labs; 151 medical practitioners; and 975 workers with permits.
It’s a constant battle to keep up.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Crystal Springs commercial painter says police damaged his eyesight
CRYSTAL SPRINGS – Roger Horton has worked decades as a commercial painter, a skill he’s kept up with even with the challenge of having what his wife has called “one good eye.”
It hasn’t stopped him from being able to complete detailed paint jobs and create straight lines without the help of tape. But last year following a head injury, he and others said people have been pointing out a change in his work. Horton says the sight in his right eye is clouded, like he is looking underwater.
Affected vision, short term memory and periods of irritability – potential symptoms of concussion – followed after he was arrested last September. During an encounter with several police officers, Horton alleges more than one slammed his head into a cruiser and placed handcuffs on so tight that he started to bleed.
“(The officer) was kind of rough with me and all, and he takes my head and I said, ‘What’d I do?’” he recalled recently.
Horton ended up being convicted of two misdemeanor charges and has paid off the fines, but a year later he still has questions about the arrest and treatment by the police.
To date, he has not seen a doctor to evaluate his eye and check for vision or cognitive issues. Horton and his wife Rhonda don’t have a car, and transportation to doctor’s appointments in the Jackson area remains a challenge.
The Hortons have lived in Crystal Springs all their lives, and they have lived in the home the past five years that belonged to Rhonda’s mother.
More than a quarter of all people in Crystal Springs live below the poverty line, and that includes the couple. Rhonda Horton said it’s hard to make a living because there aren’t a lot of jobs, but they support themselves as painters.
That’s how they met Yvonne Florczak-Seeman, who lived in Illinois and purchased her first historical property in Crystal Springs in 2019. She splits her time between the two states.
“We painted that porch bar and the rest is history,” Rhonda Horton said, adding that they went on to complete detailed work on mantles, kitchen cabinets and a cigar room at Florczak-Seeman’s North Jackson Street residence.
Over the years, the couple built a relationship with Florczak-Seeman, who is seeking to open a women’s empowerment center called the Butterfly Garden, in the building next to city hall.
Florczak-Seeman has supported the couple numerous times, including helping them pay a late water bill and offering them work. She called them talented painters and hired them again to paint the interior of the future center, located at East Railroad Avenue.
In pieces, Rhonda Horton told Florczak-Seeman about her husband’s arrest and later the injuries she said he sustained from it. Florczak-Seeman had questions about the encounter and other potential injustices at play, so she offered to help.
“I just want them to pay for what they’ve done not just to him, but everybody,” Rhonda Horton said. “That’s what I want, justice.”
The Arrest
On Sept. 24, 2023, Horton was walking home from a friend’s house when officers approached him. One grabbed his arms to handcuff him, and he remembers them cutting his wrist and causing it to bleed.
Then, he said, a second officer slammed his head into the top of the police car, followed by another officer who slammed his head again. During the encounter, a bag of marijuana that Horton said he found fell out of his pocket onto the ground.
An officer put Horton in the back of the cruiser and took him to the station where Horton asked to speak to the police chief and call his wife. He said the police took his phone and clothes.
Afterward, he was taken to the Copiah County Detention Center in Gallman.
Police Chief Tony Hemphill disputed Horton’s allegation of mistreatment, saying he did not sustain any injuries that required hospitalization. He said Horton’s wrist was cut while he resisted arrest.
“He was not brutalized and targeted,” Hemphill said. “If he had just complied, he wouldn’t have had to come up there (to jail) that night.”
Two police reports from the night of the September 2023 arrest detail how officers had responded to a possible assault and were given the description of a white man. While in the area, they encountered Horton — the only person who fit that description.
Hemphill said a mother called police after her daughter told her she was assaulted. He said officers approached Horton on the street and tried to talk with him to rule him out as a suspect.
That’s when Horton began “fighting, pulling away, and kicking against (the officer’s) patrol vehicle, trying to run,” according to a police report from the night and Hemphill. Horton denies doing any of that.
The next day police took Horton from the county jail to the Crystal Springs police station. There, police informed him a teenage girl reported being assaulted. After learning about the assault allegation, Horton remembered feeling shocked and saying it couldn’t be true because he was not on the street where the alleged incident took place.
Hemphill confirmed the police investigated the assault allegation and found it not credible, meaning Horton wouldn’t face any related charges. He said he communicated this to Horton and his wife early on and since then, which the couple disputes.
As Horton was being arrested and detained, his wife grew worried because she had just spoken with him on the phone and expected him to arrive home shortly. Rhonda Horton and her adult son started calling Roger’s phone, each not getting an answer.
Then during one of the calls by her son, someone who did not identify himself answered Roger’s phone and said, ‘Your daddy’s dead’ and then hung up, Rhonda Horton said.
She was starting to assume the worst had happened. Rhonda Horton wouldn’t have confirmation her husband was alive until he called from the county jail in the early morning.
The next morning as she talked with the police chief, Rhonda Horton asked the chief about who answered the phone and told her son that Roger was dead. The chief told her the person who answered must have been from the county.
Hemphill later told Mississippi Today that he did not know about the call and that type of behavior by his staff “is not going to be tolerated.” Similarly, Copiah County Sheriff Byron Swilley said he had not heard about it and could not say whether a member of his department made the comment to Rhonda and Roger Horton’s son.
A Sept. 25, 2023, citation signed by Hemphill, shared with Mississippi Today, summoned Roger Horton to municipal court for the misdemeanor charges of possession of marijuana and resisting arrest and directed him not to have contact with the alleged victim in the assault case. No contact orders are typically for cases such as domestic violence and sexual assault and they are set by a judge.
LaKiedra Kangar, who works in municipal court services, said the no contact order was put in place because of the assault allegation. She confirmed Horton was not charged with the offense following the police department’s investigation of the allegation.
Weeks passed. Roger Horton went to court for the misdemeanor charges, to which he pleaded guilty. Felony assault charges were not part of the hearing. Municipal Court Judge Matthew Kitchens ordered Roger to pay over $900 in fines for the misdemeanors.
Horton was able to pay for some of the fine through at least 10 hours worth of court-ordered community service, which he said involved painting buildings for the city.
Months later after learning about Horton’s arrest and how he said the police treated him, Florczak-Seeman said she wanted to know more. Horton didn’t have access to his arrest documents, so she accompanied him and his wife to the police department to ask for them.
The first visit, Horton asked but did not receive the arrest report. Florczak-Seeman asked if he had a fine for any of the charges, which police said Horton did even after completing some community service hours. Florczak-Seeman paid for the remaining balance and had him work for her for two days to pay that off.
This year, they went to the police department a second time so Horton could ask for his arrest paperwork. An officer told him he didn’t need it and that the rape allegation had been investigated and found not to be credible, Horton told Mississippi Today.
Florczak-Seeman asked why Horton couldn’t receive the report. She said Hemphill asked if she was Horton’s attorney, and Florczak-Seeman clarified she was his representative.
The chief left for a few minutes and returned with two pieces of paper and handed them to Horton. Hemphill told Mississippi Today he did not recall whether he was the one who handed the report to Horton.
Florczak-Seeman took the document from Horton and began to read it as they stood in the lobby. She said she was horrified to see the name of the alleged, underage victim and her address in the report.
Hemphill said the victim’s personal information should have been restricted and not doing so was an oversight.
After reading the report, Florczak-Seeman went down the street to the mayor’s office at city hall to explain what happened, and how she believed the mayor had grounds to fire the police chief because he provided that document to Roger with the alleged victim’s information.
Mayor Sally Garland confirmed she had a conversation with Florczak-Seeman about the police chief’s employment.
She said she reviews all complaints about city officials, and Garland said she goes to the department head to get a better understanding of the situation. If she determines there are potential grounds for termination, a hearing would be scheduled with the Board of Aldermen, and the group would vote on that decision.
Garland did not find grounds for termination, and Hemphill remains police chief.
A Strange Visit
The Hortons and Florczak-Seeman hadn’t given much thought about the 2023 arrest, until weeks ago when a teenaged girl suddenly showed up in Florczak-Seeman’s yard.
At the end of September at the North Jackson Street home, Florczak-Seeman heard screaming and found the teenage girl who came onto her property. She asked what was wrong, and the teenager said she was chased by a dog, which Florczak-Seeman and Rhonda Horton did not see.
The teenager asked for a soda, and Rhonda Horton went inside to get one. Florczak-Seeman asked where the teenager lived, and she gave an answer that Florczak-Seeman said conflicted with what two girls who were standing nearby on the public sidewalk said she told them.
Then Florczak-Seeman asked the teenager’s name and recognized it as the name of the alleged victim on Horton’s arrest record. Immediately, Florczak-Seeman said she turned to Horton and told him to stay back, and she told the teenager to get off her property, which she did.
At the moment, they were not able to verify whether the teenager was the alleged victim from the report. Neither the Hortons nor Florczak-Seeman had seen her before, and they only knew her name from the arrest report.
“That didn’t make sense at all,” Rhonda Horton told Mississippi Today.
Florczak-Seeman called 911 to report the situation and ask for police to come, which they did not. Hemphill told Mississippi Today a dispatcher informed him about the call with Florczak-Seeman, including details with the teenage girl and how she wanted to report the girl for trespassing.
Florczak-Seeman is one of the people who have noticed a difference in Horton’s vision. It’s clear when comparing the detailed and clean paint job Roger completed at her Jackson Street property in 2019 and the center where he painted last year.
During an interview at the center in October, Florczak-Seeman pointed to the ceiling and noted spots that Horton did not paint. She remembers telling him about them and realized that he couldn’t see them.
“The spots on my ceiling are still not painted, and they’re not painted as a reminder of the injustices that happened in this situation and why I got involved,” Florczak-Seeman said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Central, south Mississippi voters will decide judicial runoffs on Tuesday
Some Mississippi voters head to the polls Tuesday to decide who should represent them on the state’s highest courts.
Polls will be open from 7 a.m. to 7 p.m. on Tuesday. Absentee voting has begun, and in-person absentee voting at county circuit clerk’s offices ends at noon on Saturday.
In the Jackson Metro area and parts of central Mississippi, incumbent Supreme Court Justice Jim Kitchens will compete against Republican state Sen. Jenifer Branning of Neshoba County. In areas on the Gulf Coast, Jennifer Schloegel and Amy St. Pé will face each other for an open seat on the Court of Appeals.
Candidates for judicial offices in Mississippi are technically nonpartisan, but political parties and trade associations often contribute money to candidates and cut ads for them, which has increasingly made them almost as partisan as other campaigns.
In the Central District Supreme Court race, GOP forces are working to oust Kitchens, one of the dwindling number of centrist jurists on the high Court. Conservative leaders also realize Kitchens is next in line to lead the court as chief justice should current Chief Justice Mike Randolph step down.
Kitchens is one of two centrist members of the high court and is widely viewed as the preferred candidate of Democrats, though the Democratic Party has not endorsed his candidacy.
Kitchens, first elected to the court in 2008, is a former district attorney and private-practice lawyer. On the campaign trail, he has pointed to his experience as an attorney and judge, particularly his years prosecuting criminals and his rulings on criminal cases.
In an interview on Mississippi Today’s ‘The Other Side’ podcast, Kitchens said his opponent, who primarily practices real estate law, would be at a “significant disadvantage” because the state Supreme Court often reviews criminal cases and major civil lawsuits that are sent to them on appeal.
“I’m sure she has an academic knowledge about the circuit courts that she perhaps learned in law school or perhaps has been to some seminars, but she does not have the hands-on trial experience that I have,” Kitchens said. “And that’s so important to the work that I do.”
Branning, a private-practice attorney, was first elected to the Legislature in 2015. She has led the Senate Elections and Transportation committees. During her time at the Capitol, she has been one of the more conservative members of the Senate leadership, voting against changing the state flag to remove the Confederate battle emblem, voting against expanding Medicaid to the working poor and supporting mandatory and increased minimum sentences for crime.
While campaigning for the judicial seat, she has pledged to ensure that “conservative values” are always represented in the judiciary, but she has stopped short of endorsing policy positions — which Mississippi judicial candidates are prohibited from doing.
Branning declined an invitation to appear on Mississippi Today’s podcast.
“Mississippians need and deserve Supreme Court justices that are constitutionally conservative in nature,” Branning said in a recent interview with radio station SuperTalk Mississippi. “And by that, I mean justices that simply follow the law. They do not add or take away.”
The two candidates have collectively raised around $187,00 and spent $182,00 during the final stretch of the campaign, according to campaign finance reports filed with the Secretary of State’s office.
Since she initially qualified in January, Branning has raised the most amount of money at $879,871, with $250,000 of that money coming from a loan she gave her campaign. She spent around $730,000 of that money. Several third party groups have supported her campaign.
Kitchens has raised around $514,00 since he qualified for reelection. He’s spent roughly $436,000 of that money, and some of his top contributors have been trial attorneys.
For the open Court of Appeals seat, Schloegel and St Pe, two influential names on the Gulf Coast, are working to turn out their voters in a close election.
Schloegel is a Chancery Court judge in Harrison, Hancock and Stone counties. St. Pé is an attorney in private practice, a municipal court judge in Gautier, and a city attorney for Moss Point.
Schloegel has raised roughly $214,000 since she qualified, and has spent almost that same amount of money this election cycle. St. Pé has raised around $480,000 this year and spent approximately $438,067 during that timeframe.
Whoever wins the race, it ensures that a woman will fill the open seat. After the election, half of the judges on the 10-member appellate court will be women, the most number of women who have served on the court at one time.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1961
Nov. 22, 1961
Five Black students, made up of NAACP Youth Council members and two SNCC volunteers from Albany State College, were arrested after entering the white waiting room of the Trailways station in Albany, Georgia.
The council members bonded out of jail, but the SNCC volunteers, Bertha Gober and Blanton Hall declined bail and “chose to remain in jail over the holidays to dramatize their demand for justice,” according to SNCC Digital Gateway. The president of Albany State College expelled them.
Gober became one of SNCC’s Freedom Singers and wrote the song, “We’ll Never Turn Back,” after the 1961 killing of Herbert Lee in Mississippi. The tune became SNCC’s anthem.
After her release from jail, Gober joined other students, and police arrested her and other demonstrators. Back in the same jail, she sang to the police chief and mayor to open the cells, “I hear God’s children praying in jail, ‘Freedom, freedom, freedom.’”
Albany State suspended another student, Bernice Reagon, after she joined SNCC. She poured herself into the civil rights movement and later formed the Grammy-nominated a cappella group Sweet Honey in the Rock to educate and empower the audience and community.
“When I opened my mouth and began to sing, there was a force and power within myself I had never heard before,” a power she said she did not know she had.
Other members of the Freedom Singers included Cordell Reagon, Bernice Johnson, Dorothy Vallis, Rutha Harris, Bernard Lafayette and Charles Neblett. On the third anniversary of the sit-in movement in 1963, they performed at Carnegie Hall.
“This is a singing movement,” SNCC leader James Forman told a reporter. “The songs help. Without them, it would be ugly.”
Today, the Albany Civil Rights Institute houses exhibits on these protesters, Martin Luther King Jr. and others who joined the Albany Movement.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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