US jurisdictions enacted these specific statutory exemptions partially in reaction to the US Supreme Court's decision in Employment Division v. Smith, 494 U.S. 872 (1990), which held that laws prohibiting the use of peyote that do not specifically exempt religious use nevertheless do not violate the Free Exercise Clause of the First Amendment. 1996a, "Traditional Indian religious use of the peyote sacrament", exempting only use by Native American persons. In ecological terms, South Texas is known as brush country its home to lots of thorny shrubs, trees and palms. [3b] We have weighed the competing values represented in this case on the symbolic scale of constitutionality. Using, selling, or distributing this drug can have terrible consequences, such as jail time or fines of hundreds of dollars. Because peyote only grows on private lands in southern TexasHogg, Starr, Webb, and Zapata Countiesleaders are worried that the plants environment will continue to diminish and it will be too late. Yes magic mushrooms are decriminalized in four municipalities in Massachusetts: Cambridge, Northampton, Somerville, and Easthampton. 26. Psilocybin is a Schedule I substance in North Dakota. But before we look at its medicinal side, first let's find out what the plant is all about. Peyote is a slow-growing cactus and can take up to 15 1247 (S.D.N.Y. them Precious Cactus. This means that the consequences for this offense are up to 5.5 years in prison and fines of $15,000. The Democratic attorney general is the latest target in growing antisemitism and political violence in this country. There remains an exception for members of the Native American Church. However, there are a few licensed suppliers who sell peyote buttons to individuals who wish to use them for religious or ceremonial purposes. Peruvian torch cactus (dried) 515 grams. Because of this, the penalties for possession or sale can be very harsh, such as fines of thousands of dollars or jail time. There is a legal exception for certain Native American churches. In contrast, the penalties for more significant possessions range from 10 years in jail and up. The decision reached in Employment Division of Oregon v Smith was reversed in 1994 with the passing of the American Indian Religious Freedom Act. It never was, so wild mushrooms are still technically legal. They must report how much peyote they harvest from the wild, and renew their license every year. A legal alternative would be for San Pedro, legal for decorative purposes of course. It is illegal to sell, possess and cultivate this substance while possessing spores is not a crime. On the other hand, there is free access to magic mushroom spores because they do not contain any illegal compounds. On the other hand, spores are legal, so you can possess them without any problem. According to Colorado, psilocybin meets the following standards: Are magic mushrooms legal or decriminalized in Connecticut? Weare notwholesalerandweproposesometimes different varieties butonlyrecently harvestedseedsin order to guarantee the highest germination rate. In Arizona, possession of any illegal substance is punishable by severe penalties. If you're just interested in experiencing Are magic mushrooms legal or decriminalized in Michigan? You may have better success going to Mexico. AIRFA was amended in 1994 after the Supreme Court ruled in Oregon Employment Division v. Smith that the use of peyote was prohibited by anyone Native or non-Native by the state of Oregon in 1990. According to Title 77, Chapter X, Subchapter e, Part 2070 of the Illinois Administrative Code, possession of this drug within the state can result in severe fines or even imprisonment. That said, you can possess the mushroom spores freely. Although not discovered nearly as often, peyote growers are usually treated the same way by law enforcement as marijuana growers. Psilocybin is illegal in Vermont. In North Carolina, possession, manufacture, or sale of psilocybin alone is a felony under federal statute. Congressman Jared Moskowitz-America cant be 100% reliant on any foreign Peyote can also cause vomiting and nausea, and it can make you dizzy and sleepy. California is one of the most liberal states concerning the legalization or decriminalization of substances. WASHINGTONLeaders of the countrys largest intertribal religious organization met this week with federal officials and urged them to uphold Native rights to use peyote in religious ceremonies. 0 Peyote is illegal and is hard to find growing naturally nowadays. To give you an idea, possessing psilocybin has penalties such as fines of $50,000 or even imprisonment of 5 to 99 years if the amount exceeds 399 grams. Are magic mushrooms legal or decriminalized in Rhode Island? That said, in 1978, the state court declared that if wild mushrooms were going to be considered illegal, the statute should be rewritten. Only peyote and mescaline itself are controlled substances in the United States. In Ohio, psilocybin is a Schedule I controlled substance. Magic mushrooms are illegal in North Carolina, and possession is considered a felony. Psilocybin is a Schedule I substance under Floridas state statutes. The drug law concerning psilocybin is fairly straightforward and yet quite strict. Although psilocybin is an illegal substance in Wyoming, possessing small amounts is not a significant crime. Once the plant's been harvested, it may take a decade or more for it to regenerate and produce fruit. Unfortunately, the Kansan legislators show no interest in modifying this law, so it will probably stay like this for a while. However, spores are legal because they do not contain any illegal substances. All other species are perfectly legal to grow (except in California). About the Author: "Darren Thompson (Lac du Flambeau Ojibwe) is a staff reporter for Native News Online who is based in the Twin Cities of Minnesota. At this dose, youll experience the full psychoactive effect of mescaline. From Texas Standard:. Ayahuasca is traditionally used by indigenous people in shamanic rituals. We have heard it grows in the south west of the US, and below is a map of where it grows wild in Mexico. Standard Psychoactive Dose. Ideally, the program would be guided by a federal steering committee that would have representation by federally recognized tribes, tribal religious leaders and organizations such as NACNA, and representatives from state and federal agencies with jurisdiction over peyote. And the United Kingdom, it's legal to grow peyote, but not to WebUnder Health & Safety Code 11363 HS, California law makes it illegal to cultivate (that is, to plant, harvest, dry or process) peyote or other mescaline-containing cacti. If you are from Minnesota, you must know that violating the drug law is a crime. If the police catch you with small amounts of psilocybin, you can spend at least a year in prison. The use of peyote can be unsafe, potentially Possessing, selling, or manufacturing psilocybin mushrooms is a crime in Indiana. However, mushrooms are still illegal, and their possession, sale, or cultivation is punishable by high fines and even imprisonment. Peyote typically takes several years to reach maturity, so patience is key when growing this fascinating plant. 3) Petition your Representative for federal legislation protecting the religious use Additionally, For the legal status of the psychoactive substance found in, Legal status of psychoactive cactus by country, Substance: Peyote, DEA#: 7415, CSA SCH: I, NARC: N, Other names: Cactus which contains mescaline, "Psychedelics and Canada's Regulatory Landscape", "Bekendtgrelse om euforiserende stoffer", "Psychedelic fungi and cacti legalized in Czech Republic", "Tabelle delle sostanze stupefacenti e psicotrope", "Forskrift om narkotika (Narkotikaforskriften) - Lovdata", "[Mescaline and the San Pedro cactus ritual: archaeological and ethnographic evidence in northern Peru]", "Drug decriminalisation in Portugal: setting the record straight", "Verordnung des EDI ber die Verzeichnisse der Betubungsmittel, psychotropen Stoffe, Vorluferstoffe und Hilfschemikalien (Betubungsmittelverzeichnisverordnung, BetmVV-EDI)", " 30.06.1998 N 681 " , , " ( )", "R/Thailand - Something I saw at the Chatuchak market. section 124.203, psilocybin is a hazardous substance. This page was last edited on 18 January 2023, at 18:11. WebPeyote is known as a controlled substance under the US Controlled Substance Act. Following the passage of the American Indian Religious Freedom Act Amendments of 1994, United States federal law (and many state laws) protects the harvest, possession, consumption and cultivation of peyote as part of "bona fide religious ceremonies" (the federal statute is the American Indian Religious Freedom Act, codified at 42U.S.C. "Employment Division v Smith, 494 U. S. 872 :: Volume 494 :: 1990 "US Supreme Court Cases from Justia & Oyez. Because potency varies from plant to plant, it's difficult to dose the drug with any real accuracy, but between 10 and 20 grams of dried peyote (three to six buttons) is an average dose. Like marijuana, psilocybin is illegal in South Dakota. Are magic mushrooms legal or decriminalized in Virginia? On Tuesday, leaders of the Native American Church of North America (NACNA) convened at the Department of the Interior to ask the federal government to uphold its legal responsibilities in enforcing the American Indian Religious Freedom Act (AIRFA) of 1978. Peyote is a spineless, slow-growing plant, one that may take years to reach maturity in the deserts of south Texas and northern Mexico. Are magic mushrooms legal or decriminalized in Wyoming? WASHINGTONLeaders of the countrys largest intertribal religious organization met this week with federal officials and urged them to uphold Native rights to However, if they find you with them, they might suspect you of growing psychedelic mushrooms. Are magic mushrooms legal or decriminalized in North Dakota? All drugs are decriminalized for personal use, including psychedelic mushrooms. Alabama has fairly strict penalties regarding the possession and sale of psychedelic mushrooms. When the two filed for unemployment benefits, they were denied, as their loss of employment was deemed a result of professional misconduct. All transactions are 256 bit encrypted and very secure. Possessing or selling psilocybin in this state will lead to stiff fines or even jail time. It is typically consumed one of two ways; by eating or by brewing it to a tea, or increasingly in a micro-dosing form. As such, the intent to manufacture and distribute comes with much stiffer penalties. The peyote cactus, mostly thelophophorawilliamsiiis endangered in the wild,wehave to do something to protect it to stay in thenature. Peyote cactus event in Thailand. However, this is not to say that its use is permitted. In Missouri, psychedelic mushrooms use, sale, or cultivation is a felony, with penalties ranging from heavy fines to imprisonment. According to Iowa Code Ann. (Peyote): The Legal Status of Peyote. Recently, Washington, DC has joined the few locations in the US where magic mushrooms (psilocybin) are decriminalized. However, you can possess magic mushroom spores without any problems. Are magic mushrooms legal or decriminalized in Oklahoma? Are magic mushrooms legal or decriminalized in New Jersey? flowering peyote Averaging about eight centimetres (three inches) wide and five centimetres (two inches) tall, the body of the peyote cactus is spineless, soft, and, in most cases, blue-green to gray-green in colour. Are magic mushrooms legal or decriminalized in Idaho? The tourists may have an amazing psychedelic experience, but the locals say that overharvesting from tourists is threatening the peyote supply, and as a result is also imperiling Huichol religious traditions, which rely so heavily on the sacred plant. WebPeyote and UK psychoactive substances act I've read in a few places that it's legal to grow peyote in the UK but I've been unable to find any official sources confirming this. NACNA, which has more than 300,000 members, centers many of its prayer ceremonies around the legal use of peyote as a sacrament. He has contributed to the New York Times, the Washington Post, and Voice of America on various Indigenous issues in international conversation. The cactus (Peyote, San Pedro) is legal, extracted mescaline is not. At the moment, psilocybin is illegal in Hawaii. This includes but is not limited to the peyote, the San Pedro and the Peruvian torch. Although ceremonial use of peyote was also illegal at one time, the United States now exempts this type of peyote use as legal. However, this law doesnt carry as much weight as you might think because each state can supersede these laws with something else. A Florida Republican lawmaker has introduced a bill that would require paid bloggers who write about elected officials to register with the state.. Along with other hallucinogenic drugs such as LSD, psilocybin is illegal by Nevada law. But before we do that, let's talk a little bit about the actual plant what is peyote? Possession, production and sale is illegal as it is listed on Portaria SVS/MS n344, Mescaline and any salt thereof is illegal, but not peyote (. Although mescaline, peyotes main psychoactive ingredient, is banned as a Schedule 2 drug, Canadas Controlled Drugs and Substances Act specifically exempts peyote (Lophophora). Our purpose is to inform and share our passion, and refrain people from destroying such beautiful plants that can lead to early extinction. According to carbon dating, peyote is more than 10,000 years old. Hemp in Florida Is Hemp Legal to Grow on Private Farms in Florida? In Mexico it's illegal to consume peyote or harvest the wild variety because it's endangered. However, psilocybin remains a schedule I controlled substance in the state. Are magic mushrooms legal or decriminalized in Utah? Therefore, the penalties for possession, sale, or cultivation are stringent in this part of the country. Some states allow use for religious purposes, Arizona says spiritual purposes, iirc. Cultivating or selling the cacti itself is legal. Fucking ridiculous. It lacks accepted safety for use under medical supervision. However, there are some exceptions for members of the Native American Church, who are allowed to use peyote for religious ceremonies. In 1968, the USA officially banned psilocybin. Peyote is an ancient recreational drug said to be some sort of traditional medicine among the Aztecs. This means it is illegal to manufacture, buy, possess, or distribute (sell, trade or give) without a DEA license. Mass production, distribution, and possession of psilocybin, or any illegal substance, constitutes a serious crime and could land you 20 years or more in prison. Peyote ingestion was prohibited in 1970 when the Controlled Substance Act was passed by Congress, although the Native American Church was exempt from this law. However, mushroom use is illegal, and you can face severe consequences for possession. You can face very harsh consequences with these types of offenses, including jail time. I think it's because you can just eat the peyote buttons straight, whereas San Pedro has to be specially prepared. Are magic mushrooms legal or decriminalized in Pennsylvania? This may be the beginning of future attempts to decriminalize psilocybin. San Pedro cactus (dried) 12 grams. You can grow Peyote in your home. However, some Vermont legislators show interest in legalizing its medical use. WebThis. Accueil; Solution; Tarif; PRO; Mon compte; France; Accueil; Solution; Tarif; PRO; Mon compte For example, the Florida Domestic Marijuana Elimination Program led to the identification of over 24,000 cannabis cultivation facilities in Florida and the eradication of over 2,000,000 cannabis plants. Are magic mushrooms legal or decriminalized in Tennessee? This is a list of the legal status of psychoactive cactus by country. WebHow do I grow Peyote? However, there's an exception for religious purposes. WebKeep this framed, notarized statement clearly visible with the growing sacrament at all times. Congressman Jared Moskowitz-America cant be 100% reliant on any foreign Sen. Jason Pizzo-Looking out at all the condo units in my city, some over 50 stories.and thinking how ridiculous it is that those who have @citizens_fla, are now required to have flood insurance.Your legislature isnt solving problems, theyre creating them. Peyote ( Lophophora williamsii) is a small, spineless cactus that is native to the Chihuahuan Desert in Mexico and the southwestern United States. For non-Native Americans, smuggling peyote or mescaline into or out of the United States is illegal. Sen. Jason Pizzo-Looking out at all the condo units in my city, some over 50 stories.and thinking how ridiculous it is that those who have @citizens_fla, are now required to have flood insurance.Your legislature isnt solving problems, theyre creating them. Are magic mushrooms legal or decriminalized in Alabama? On the other hand, spores are entirely legal because they do not contain psilocybin or illegal substances. If you experience any negative effects after taking peyote, it is best to seek medical help immediately. For possessing even small amounts of psilocybin, you can spend up to a year in jail with a clean criminal record. WebIn Florida, cannabis is still illegal at the state level, but many cities, including Orlando, have made it a summary offense (similar to a parking violation) instead of a criminal misdemeanor, to possess a small quantity of cannabis. However, there is some hope for change, as there are attempts to decriminalize psilocybin within the state effectively. Interestingly, psilocybin is put on the same level as hard drugs such as cocaine and heroin in this state. You will find here information on how to grow a peyote cactus from seeds Leaders hired a panel of addiction experts who recommended eliminating criminal charges for drug possession and redirecting the money towards treatment programs and subsidies to provide jobs to people during recovery. The entire Biden Administration needs to review and assess its full implementation of the American Indian Religious Freedom Act, NACNAs Legislative Director Ryan Wilson (Oglala Lakota) told Native News Online. Are magic mushrooms legal or decriminalized in Oregon? Welcome to the home of the precious cactus, theinfamouslophophorawilliamsiialso known as peyote. However, the substance is illegal in Puerto Rico. Peyote is a Schedule I substance regulated by the U.S. Drug Enforcement Agency (DEA) and is illegal for non-Native people to possess. Due to its recent amendment, it is unlikely that the law will change concerning the use, possession, or sale of psilocybin. Are magic mushrooms legal or decriminalized in Massachusetts? As far as other parts of the world, peyote is legal to sell in the United Kingdom and legal to grow in Canada (however, mescaline is a controlled substance under Canadian law) [8, 12]. 2. Peyote works by interacting with the neurotransmitter serotonin in your brain to alter your thinking and perception. WebHow Peyote Grows. Could hardly believe it, but peyote is legal in Thailand", " , ", "Seattle Becomes Largest U.S. City To Decriminalize Psychedelics", 1971 Vienna Convention on Psychotropic Substances, 1988 UN Convention on Illicit Trafficking, Drug and precursor laws by country or territory, https://en.wikipedia.org/w/index.php?title=Legal_status_of_psychoactive_cactus_by_country&oldid=1134438531, Articles with unsourced statements from October 2022, Creative Commons Attribution-ShareAlike License 3.0. However of the last few months someone has told us that you can purchase peyote at certain places online, if you live outside of the USA. Psilocybin is too a Schedule I controlled substance, meaning its considered dangerous and doesnt carry medicinal potential. The group wants the U.S. government to enforce laws that prohibit non-Natives from using the drug, but is also asking for federal funding for conservation of peyote and the creation of protected habitats where it can be grown. Peyote is legal in some countries for religious usage, but it is illegal in most others. Few people know that peyote is completely legal in Canada, as it has always been. The plant, which is native to Mexico and the southwestern United States, contains a psychoactive compound called mescaline. Are magic mushrooms legal or decriminalized in Maryland? 16. "Ethiopian Zion Coptic Church. Magic mushrooms remain highly illegal throughout the rest of the state. So psilocybin is an illegal substance. WASHINGTONLeaders of the countrys largest intertribal religious organization met this week with federal officials and urged them to uphold Native rights to use peyote in religious ceremonies. However, its penalties are not much different from the federal level, as the importance belongs to schedule I of controlled substances. Peyote plant or Lophophora Williamsii is a spineless cactus plant whose parts or button-like protrusions contain an active principle called mescaline, a potent hallucinogen. Not only does it prohibit the possession, sale, or cultivation of psilocybin, but it also does not allow the possession, sale, or use of spores. Indigenous people in parts of North and Central America revere the plant as a way to accentuate their spiritual ceremonies. All US states with the exception of Idaho and Texas allow usage by non-native, non-enrolled persons in the context of ceremonies of the Native American Church. As a result, Portugal has seen a substantial drop in drug addiction, HIV infection, and unemployment. As the name implies, decriminalization refers to something ceasing to be considered a crime, or at least minimizing penalties concerning certain acts that are ordinarily criminal. This could include drying them, or cutting them into edible buttons.. Thompson has reported on political unrest, tribal sovereignty, and Indigenous issues for the Aboriginal Peoples Television Network, Indian Country Today, Native News Online, Powwows.com and Unicorn Riot. Since the use of peyote incorporates the essence of the religious expression, the first weight is heavy. List of legal psychoactive substances around the world, Title 77, Chapter X, Subchapter e, Part 2070, Entheogenic Plants and Mushrooms Act of 2020, Xapuri Shroom Strain Massive Shrooms With an Equally Impressive Potency, Psilocybe azurescens 101: The Flying Saucer Shrooms, Blue Honey: What It Is, How to Make It, and Why Its the Best Way to Take Magic Mushrooms, How to Make Shroom Tea: Step-By-Step Guide. Recreational use of peyote is prohibited in all of the states and territories and by federal law. Peyote is a type of cactus native to the southwestern United States and Mexico. Is peyote legal in UK? Possessing or selling spores is not a crime in this state. In 2008, magic mushrooms were banned in the Netherlands and replaced by truffles, which have the same main component, psilocybin. It is generally illegal to harvest Peyote from the wild, but it can be raised as a houseplant in many latitudes. Peyote (Lophophora williamsii) is a small cactus that grows underground only its top ( or "button," which is about the size of a baseball) is visible. WebIn Florida, law enforcement officials have launched many operations and programs to investigate marijuana-growing cases. WebPeyote (Lophophora williamsii) is a cactus that has been used for ritualistic purposes by the indigenous people of Mexico, as well as in some parts of Texas and the Southwest United States. This change was imposed back in 2000 as an attempt to curb the rising drug problems the country was facing. If you are arrested for possessing hallucinogenic mushrooms in Virginia, you will probably need a good lawyer, as drug-related crimes are severe in this state. The main active ingredient in peyote is mescaline, a compound that produces hallucinations and dream-like states. Are magic mushrooms legal or decriminalized in Washington? Possessing psilocybin in Utha is a first-degree felony. The plants are slow-growing and can take up to ten years to reach maturity. Below, we will look at psilocybins legal status state by state. Effects of Peyote. Peyote is a protected species, and it is illegal to harvest or possess the plant in most countries. Groovy News: Shrooms Help Reset Depressed Brain, Religious Freedom Acts Born Out of Peyote, Special Offer on Antivirus Software From HowStuffWorks and TotalAV Security, expectations of the users and the setting. Are magic mushrooms legal or decriminalized in South Carolina? Psilocybin is a Schedule I substance under Floridas state statutes. This law was passed as the Entheogenic Plants and Mushrooms Act of 2020, with an overwhelming majority of over 76% of voters. Peyote cactus (dried) 1 gram. While it is illegal, cultivating or possessing psilocybin mushrooms for personal use is not considered a criminal offense meaning youre unlikely to cop more than a fine. If you like our project and share the same passion you can donate to help your favourite cactus. The present political and social climate in the U.S. is such that you may be arrested for your religious practice of Peyotism. Extremely slow growing, it can take 1030 years for the plant to mature before flowering. Highly Recommended! But I still harvest peyote, so still going strong, still feel young, Johnson says. You've just added this product to the cart: Welcome to the home of the precious cactus, the, The main purpose here is to help, save, conserve and preserve, Contact us to check if the phytosanitary can be made for your order. On the other hand, the trade and possession of spores are entirely legal. In Montana, mushrooms are considered a Schedule I substancethe most dangerous category. For example, the Peyote Foundation in Arizona was raided by local officials in 1998. WebAt the federal level it is still illegal to use peyote unless youre Native American via a NAC. However, the United States Supreme Court reversed this decision. While peyote and ayahuasca both contain psychoactive compounds, they are not the same plant. In the Virgin Islands, psilocybin is an illegal substance. Are magic mushrooms legal or decriminalized in Washington, DC? Many arrive simply to find and experience peyote, which grows in the scrubland around the region. Florida Congresswoman Debbie Wasserman Schultz held a special meeting in response to neo-nazi and white supremacist groups attempting to organize a National Day of Hate this past weekend.. Held on Monday at Chabad SW Broward in Cooper City, in attendance were community faith leaders, Shluchim, representatives from federal, state Other Native American groups continue to strive for the legalization of peyote, but have not been successful thus far. Some countries have already moved to either legalize or decriminalize magic mushrooms and their active ingredients. If you break this law, you will face harsh penalties such as jail time or high fines. v1.2 - Jan, 2004. Psilocybin is legal in Amsterdam, specifically but remains illegal throughout the rest of the country. Oakland: Oakland passed a policy requiring law enforcement to end the investigation and prosecution of anyone possessing psychedelic mushrooms and peyote, making Oakland one of Americas first cities to pass a magic mushroom-related law. The phytosanitary documents are available under several conditions, it takes time to make them and they may not be available for every country. Are magic mushrooms legal or decriminalized in West Virginia? Its humid climate makes it If charged as a misdemeanor, the crime is punishable by:. This means that, from the states point of view, it is a hazardous substance. Many people confuse the terms legalization and decriminalization, thinking theyre synonyms. Growing psilocybin mushrooms for personal use is also legal but only for personal use. It is a Schedule I substance, placing it in the same category of serious drugs as heroin. The project would compensate private land owners for agreeing to convert their lands into a protected peyote habitat and would fund activities that focus on the conservation and managed harvest of peyote. The per capita social cost of drug misuse has even been reduced by more than 20% since the change. Growing peyote is not difficult, but it does require some patience. Penalties for possession can range from 5 to 10 years in prison, depending on the amount. Many Native Americans used peyotes for spiritual purposes because these drugs were considered sacred, especially among the Huichol Indians of Mexico and other churches in the Aztec Possession of psilocybin mushrooms can result in serious criminal charges, fines, or even imprisonment. In Arizona, possessing or selling psilocybin or magic mushrooms is a crime. Guams position on drugs is much the same as at the federal level. In this case, the Supreme Court decided in favor of the Native American Church of New York, announcing that it too would be protected under the Controlled Substances Act. However, for those who are patient, growing peyote can be a rewarding experience. Astrophytum, lophophora, ariocarpus and many more. Everyorder is processed by hand, so you will have more seeds than expected. Related: List of legal psychoactive substances around the world. These cacti grow close to the ground, and the peyote buttons are cut from the cactus for use. Along with mescaline, psilocin, and LSD, possession of psilocybin carries severe criminal penalties and can result in up to five years in prison and a fine of up to $2,000 minimum. Are magic mushrooms legal or decriminalized in Nevada? For example, legislator Brian Cina said, In some cultures, peyote is used to cure mental and physical illnesses, and the same could be said for psilocybin mushrooms and ayahuasca..
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