# Momentum Swinging Against Medical Marijuana



## Grower13 (Apr 22, 2012)

Published: 						Thursday, 19 Apr 2012 | 4:10 PM ET

By: Heesun Wee, Special to CNBC.com

After a decade of inroads for medical marijuana, momentum may be reversing course.During the past year, there&#8217;s been a growing federal push to undercut medical *EDITmarijuana laws in states[/URL]* including Washington, Montana, California and Colorado. A key turning point was a June 2011 Justice Department memothat prosecutors have used as ammunition to shut down dispensaries or jack up licensing fees. 
The  memo and subsequent enforcement have made it difficult for the small  businesses to stay afloat, say advocates of legalized marijuana. 
&#8220;There has been pushback,&#8221; says Robert Corry, a Denver-based attorney who specializes in marijuana laws. 
Corry  is advising some dispensary owners to close shop and operate on a small  scale privately, as allowed by state law. It&#8217;s not worth the fees and  hassles, he says.
He says roughly 50 Colorado dispensaries have already closed this year. 
In one case of marijuana law enforcement, *EDIT]federal authorities raided[/URL]*  dozens of Montana marijuana dispensaries in March 2011. That state&#8217;s  once-thriving community of medical dispensaries has virtually  disappeared, despite voter-approved *EDIT]medical marijuana use[/URL]* in 2004. 
*Two Takes on a Memo*
Momentum swung decidedly against marijuana laws last June, when the U.S. Department of Justice issued a *[EDIT]memo[/URL]*  on medical marijuana stating that cultivating and selling marijuana are  activities that violate the Controlled Substances Act, regardless of  state law.
&#8220;States  thought as long as they&#8217;re following state law they were not going to be  targeted. But that hasn&#8217;t been the case,&#8221; says Morgan Fox, a spokesman  for the *[EDITB]Marijuana Policy Project[/URL]*[/B].  
Instead,  the Drug Enforcement Administration and U.S. Attorney's office  interpreted the Cole memo (named after the author James Cole, a deputy  attorney general) as an *EDITopen season[/URL]* to target medical marijuana dispensaries, advocates say.
*Pushback From Colorado to Montana*
The pushback and changes are visible in Colorado. *EDIT]U.S. Attorney John Walsh[/URL]*  began shipping notices in January to medical marijuana dispensaries  around the state. They had 45 days to close or face prosecution,  according to the *[EDIT"]notices[/URL]*. New warnings were issued in *EDIT"]March[/URL]*. 
Walsh's target: dispensaries locatedwithin 1,000 feet of schools.
&#8220;The  U.S. attorney has been engaging with local law enforcement to come up  with a strategy to deal with the issue of marijuana, especially  marijuana near schools, where children could easily have access to  them,&#8221; says Jeff Dorschner, a spokesman for Walsh. 
In  the city of Denver and Denver County, there hasn't been a single  reported incident of medical marijuana dispensaries selling to minors  without authorization since they opened shop, according to Denver&#8217;s  Office of the Manager of Safety, which tracks such data. 
Attorney  Corry says Colorado makes it extremely difficult for minors to purchase  medical marijuana, including the requirement of documents from doctors  and guardians. 
&#8220;There  are dozens of pages of rules including a mandatory camera in every  facility, and mandatory tracking of every sale,&#8221; adds Brian Vicente,  another attorney specializing in marijuana law in Colorado. 

In Montana, authorities have moved more aggressively.
Marijuana  dispensaries were raided and shuttered last year. Federal officials  swooped in even though dispensary owners already were cooperating with  local police for inspections of storefronts and cultivation sites, says  Fox of the Marijuana Policy Project. 
*[editTom Daubert[/URL]*,  who helped draft the 2004 voter-approved marijuana initiative in  Montana, now faces a legal battle over a federal drug charge. He was  co-owner of one of the raided dispensaries.  
&#8220;There  just seems to be a huge disparity among states&#8221; as to how marijuana  laws are enforced, says Rebecca Richman Cohen, writer and director of &#8220;*[BeditB]Code of the West*[/URL][/B][/B],&#8221; a *EDITfilm[/URL]* that documented the Montana legislature&#8217;s crackdown on medical marijuana 2011.  
Looking  back on that tumultuous year, Cohen says both sides may been caught off  guard by what the voter-approved medical marijuana law unleashed.
Demand  for medical marijuana rose as dispensaries popped up. Giant billboards  touted cannabis. Even those who supported the initiative grew uneasy  about medical marijuana's growing visibility in the state. Soon,  marijuana law and jurisdiction &#8212; already a gray legal area &#8212;escalated  into an emotional, moral battle about the state's very future
*Patient Impact* 
Despite the recent federal pushback against medical marijuana, several states are simultaneously considering additional *EDITstates[/URL]*  and Washington, D.C., already allow some medical use of marijuana with a  doctor&#8217;s authorization. Those 16 states are: Alaska, Arizona,  California, Colorado, Delaware, Hawaii, Maine, Michigan, Montana,  Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Washington, and  Vermont.
Meantime, patients seeking medical marijuana may have to travel further because of dispensary closures. 
Medical  studies have shown that marijuana works well to treat pain and muscle  spasms among those suffering from Lou Gehrig's disease, says Dr. Greg  Carter, a physician based in Washington state and co-author of &#8220;*EDITB]Medical Marijuana 101[/URL]*[/B].&#8221; 
Marijuana is also used to treat cancer, severe nausea, multiple sclerosis and chronic pain from such incidents as whiplash
Montana resident Sarah Baugh has been using  medical marijuana to successfully treat epilepsy, something traditional  pharmaceuticals couldn't do.Patients  say medical-grade cannabis is difficult to cultivate at home, and that  black market marijuana isn't as effective at treating illnesses.
Says  Fox of the Marijuana Policy Project: &#8220;Whether they like to admit it or  not, current federal actions are hurting individual patients and funding  the criminals they are supposed to be targeting."


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## OGKushman (Apr 22, 2012)

One 
Big
A$$
Mistake
America



hXXp://www.youtube.com/watch?v=35TbGjt-weA&feature=youtube_gdata_player


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## NorCalHal (Apr 22, 2012)

It sure aint slowin' here. Maybe there is something in being a "maverick".


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## orangesunshine (Apr 22, 2012)

haha:OBAMA :yeahthat: OG

what is "medical-grade cannabis"


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## ozzydiodude (Apr 22, 2012)

It's like this Olamo had big plans to legalize MJ til he was shown how much the gov't relies on the "illegal" drug sells to balance it books. If he can find a way to replace the money from "illegal" drugs that the gov't sells then he can legalize mj


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## Grower13 (Apr 22, 2012)

sorry hick...... I tried to kill the links


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## Roddy (Apr 23, 2012)

Too many taking advantage or just breaking the laws in order to profit instead of help, too much corruption...even those who help to make the laws break them. Perceived or not, these are what's killing us all! No one is reporting on all the good MJ does, just the bad, those who don't know better only see what's reported....isn't a wonder why the sway...

A friend posted HAPPY 420 on facebook, another questioned why....had no clue what 420 meant. After explaining for both (the friend pretty much posted it toward me, not a smoker), the discussion went to MMJ. The person asking the questions had no idea, just figured we were bad people breaking laws.....


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## Roddy (Apr 23, 2012)

ozzydiodude said:
			
		

> It's like this Olamo had big plans to legalize MJ til he was shown how much the gov't relies on the "illegal" drug sells to balance it books. If he can find a way to replace the money from "illegal" drugs that the gov't sells then he can legalize mj



For MMJ, Obama's not needed, the court of public opinion is...we're passing the laws on state lvl, we need people in the states to understand and to support. Sure, would be great if Obama was on board, but for MMJ, he's really just another negative voice.


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## Roddy (Apr 23, 2012)

NorCalHal said:
			
		

> It sure aint slowin' here. Maybe there is something in being a "maverick".



Gonna guess that "maverick" in the wheelchair is gonna turn up as a poster boy against MJ...something he was supposed to be helping.


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## NorCalHal (Apr 23, 2012)

Roddy said:
			
		

> Too many taking advantage or just breaking the laws in order to profit instead of help, too much corruption...even those who help to make the laws break them. Perceived or not, these are what's killing us all! No one is reporting on all the good MJ does, just the bad, those who don't know better only see what's reported....isn't a wonder why the sway...
> 
> A friend posted HAPPY 420 on facebook, another questioned why....had no clue what 420 meant. After explaining for both (the friend pretty much posted it toward me, not a smoker), the discussion went to MMJ. The person asking the questions had no idea, just figured we were bad people breaking laws.....


 
IMO, it is opposite of what you are tryin' to say. The more the Feds intervene, the more it helps the movement.
Perception has nothing to do with it, as it is allready legal in 16 States. If it was as bad as you would like to believe, then States would be rolling back thier mmj laws, which is not happening.

It really doesn't matter what they report in the news, laws are on the books.
I have seen first hand the mental change the Police have made against MMJ. They don't touch it with a 10 foot pole. If you are under 99 and have a rec, they walk.
Dispensaries on the other hand are still tryin' to find thier place. We recently had a Cali Supreme court decision come down declaring that Cities cannot ban dispensaries. That unto itself is a major step for the movement. I suspect many to reopen in towns that previously banned them, including my own.
Of course, the threat of Federal intervention is allways there. That will be a few more years before they jump on board, which they will eventually, we just won't like it when they do.


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## Roddy (Apr 23, 2012)

NorCalHal said:
			
		

> IMO, it is opposite of what you are tryin' to say. The more the Feds intervene, the more it helps the movement.
> *Perception has nothing to do with it, as it is allready legal in 16 States.* If it was as bad as you would like to believe, then States would be rolling back thier mmj laws, which is not happening.
> 
> It really doesn't matter what they report in the news, laws are on the books.
> ...



Tell that to the states wanting and hoping to get MMJ. 

As for johnny law looking the other way, great and glad to see it, hope that keeps going in our favor! Keep in mind that's not nationwide though, some states, some counties even, are "dry" and enforce. They'll some day come to realize. I personally don't know what the "mood" around my area is like, guessing "friendly" since we still have dispensaries open. A few counties up, though...

Dispensaries, there's where the feds will sit and do the most damage...and as I said, they'll likely use that big bust out there as one of their warcries! Smack citizens in the face with the fact someone willing to put up so much money in the pretense to help the sick was really only in it to line his pockets, get that perception machine spinning (no clue what the truth is in it and don't care nor judge...but it's not me we need to worry about).


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## NorCalHal (Apr 24, 2012)

Roddy said:
			
		

> Tell that to the states wanting and hoping to get MMJ.
> 
> As for johnny law looking the other way, great and glad to see it, hope that keeps going in our favor! Keep in mind that's not nationwide though, some states, some counties even, are "dry" and enforce. They'll some day come to realize. I personally don't know what the "mood" around my area is like, guessing "friendly" since we still have dispensaries open. A few counties up, though...
> 
> Dispensaries, there's where the feds will sit and do the most damage...and as I said, they'll likely use that big bust out there as one of their warcries! Smack citizens in the face with the fact someone willing to put up so much money in the pretense to help the sick was really only in it to line his pockets, get that perception machine spinning (no clue what the truth is in it and don't care nor judge...but it's not me we need to worry about).


 
I am not worried about other states at all in getting thier MMJ. It has been on the books in States since 1996, and if any particular State does not have it on thier books, that is the fault of the citizens, not because of other States and there MMJ programs.

There are many obsticles to overcome once a State has MMJ laws on thier books. It takes many years after passage for State and local LEO to even grasp that the law has changed. It takes MANY more court cases to go though local court systems to even clarify it. 
More importantly, it takes the citizens of a MMJ legal State to stand up and bring these cases thru the court system. It really takes folks pushing grey areas to the limit to get the laws clarified.

Dispensaries are still flourishing around my parts. One closes, another opens.
Believe that you will not here anything about Lee and his woes being the battle cry for the Feds. They simply wanted him to shut up, not prosecute. They let dude go, no charges filed. What does that really say.


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## Roddy (Apr 25, 2012)

*State does not have it on thier books, that is the fault of the citizens, not because of other States and there MMJ programs.*

*It really takes folks pushing grey areas to the limit to get the laws clarified.*

IDK Hal, sounds like some states (Ohio, for example) have been trying...you have to remember it takes the same citizens to pass the law in the first place. And you have to remember that those trying are fighting a tide of naysayers that are hearing nothing but the bad this stuff supposedly does!

*They let dude go, no charges filed. What does that really say.*

No charges....if any of us had done that, it'd be called ROBBERY!! I hear ya on the dispensaries, my visitor yesterday told me there's now 3 more dispensaries in the larger town near me, I know of a friend who opened one in a small town just around the corner...they're thriving here in my county. Wish we could get rid of a few state heads...


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## getnasty (Apr 29, 2012)

Roddy said:
			
		

> IDK Hal, sounds like some states (Ohio, for example) have been trying...you have to remember it takes the same citizens to pass the law in the first place. And you have to remember that those trying are fighting a tide of naysayers that are hearing nothing but the bad this stuff supposedly does!


Perception is huge. I don't care what anybody says. 4 years ago, Ohio attempted to have MMJ put on the ballot. If memory serves correctly, we got the votes needed to have it put on the ballot but our state government refused it. We went through the hoops, and are in the midst of acquiring signatures to finalize being put on the ballot this year. This time, the state government cannot intervene, as a petition was put out last year to prove that Ohioans want it on the ballot (a loophole).

Long story short, perception of the movement in the West has been a large part of why we've had so much trouble getting it put on the ballot and legalized. 76% of polled Ohioans support the legalization of MMJ in Ohio. Our government is largely conservative, and does not share the same opinion of its people; or so it seems. With the recent uproar in MMJ within the last 5-7 years, we're gaining ground with them to pursue the movement here in Ohio. I'm willing to bet my next month's wages that our government has a watchful eye on the goings on in states where MMJ is legal.


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## NorCalHal (Apr 30, 2012)

Sounds like Ohio doesn't have it's stuff together...at all.
To me, it looks like Perception is what gave you 76% of folks polled to favor legalization of mmj. 
From what you wrote, you guys didn't have all your T's crossed and I's dotted when you tried the first time. Shoot man, 76% is bigger then most all states in the West who favor legalization.
Take charge, and stop blaming. States in the West didn't pass laws because we care about what our goverment thinks, we passed them WITHOUT the "approval" of State Goverment. If you get enough voters to actually go out and vote, then you can basically put anyting on the ballot and approve it without the State aggreeing. 
That is why the have Voter approved ballots.

So, it sounds like Ohioans have figured out how thier state goverment works and went thru the "loopholes" to get it placed on the ballot. This should have been done the first time...4 years ago.


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## pcduck (Apr 30, 2012)

No Hal Ohio is just slow to jump on board.:laugh: Plus I do believe they missed a hoop last time.

They sit and watch what the surrounding states are doing and then they jump on board. After losing out for years. Then when they do jump on board, they will still screw it up some how, some way. :rofl: 

Hopefully we will get it right this time, but I doubt it
I am thinking we have 2 mmj initiatives on the ballot this Nov. People will be confused again:laugh: 

FYI: For most Ohioans _West_ is anywhere past the border with Indiana and _North _is the border with Mi. :rofl:


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## Killuminati420 (May 3, 2012)

safe zones ftw


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## getnasty (May 3, 2012)

It has to be governed and regulated. The government isn't going to let private citizens do that. The issues we are perceiving that are going on out West largely impact how it will be governed and regulated should it be voted into effect in November. I don't see how you don't see how perception plays a large role in this. At all.


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## Roddy (May 4, 2012)




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## NorCalHal (May 4, 2012)

getnasty said:
			
		

> It has to be governed and regulated. The government isn't going to let private citizens do that. The issues we are perceiving that are going on out West largely impact how it will be governed and regulated should it be voted into effect in November. I don't see how you don't see how perception plays a large role in this. At all.


 
Well, so far, it has been privately regulated by the citizens, and has been for 14 years now. Sure, there are general guidelines that the State Goverment has set forth, but that only deals with proximity of cultivation sites and storefront dispensaries.All "Lab: testing and distribution has been set up by the citizens.

The main reason I don't agree with the "perception" issue is simple, MANY other States have passed thier own MMJ laws on thier own allready. Even MI. If perseption was such an issue with other States, then why does MI recognise Other States Scripts? Wouldn't they deny other States scripts because of the bad "perception" and that other states freely give out recs to anyone who wants one?

The "Perception": argument is nothing but an excuse in my eyes. Didn't anyone take goverment class in high skool? If you want change, you vote it in. Simple as that. If your State goverment does not back it, tough cookies, the Citizens can still vote in laws that the State HAS to follow.
You say 76% of folks in your State want MMJ. That is FAR more then most states had when they passed thier MMJ laws. You guys should have NO issue passing a MMJ law, perception or not.

You guys mistake perception for propaganda. The Propaganda machine is what the real problem is.


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## Roddy (May 4, 2012)

*If you want change, you vote it in. Simple as that. If your State goverment does not back it, tough cookies, the Citizens can still vote in laws that the State HAS to follow.*

I believe that's exactly what they're trying to do, Hal, I think you miss that fact....I also believe you ignore or just don't get that the actions of others DIRECTLY relates to how others act and think.....perception! Simple human nature, there....

*Even MI. If perseption was such an issue with other States, then why does MI recognise Other States Scripts?* 

I think you answered this question above....*you vote it in.* Yeah, even though those leading our state are dead opposed to MJ MMJ or any J, the people thought enough to include our brothers from other states...call us mavericks! :rofl:

*You guys mistake perception for propaganda. The Propaganda machine is what the real problem is.*

I believe it is you that misunderstand that this goes hand in hand, which is exactly what's been said repeatedly in many a thread.


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## Roddy (May 4, 2012)

*The main reason I don't agree with the "perception" issue is simple, MANY other States have passed thier own MMJ laws on thier own allready.*

It is obvious you don't agree with this, because you act like every state that has passed this since you have had blinders on and had no problems getting it on the ballot as well as passed. You act as if states that haven't passed this just aren't trying....


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## NorCalHal (May 4, 2012)

Roddy said:
			
		

> *The main reason I don't agree with the "perception" issue is simple, MANY other States have passed thier own MMJ laws on thier own allready.*
> 
> It is obvious you don't agree with this, because you act like every state that has passed this since you have had blinders on and had no problems getting it on the ballot as well as passed. You act as if states that haven't passed this just aren't trying....


 

Absolutly. No such thing as tryin' in my book...it's all about DOING.


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## NorCalHal (May 4, 2012)

Roddy said:
			
		

> *If you want change, you vote it in. Simple as that. If your State goverment does not back it, tough cookies, the Citizens can still vote in laws that the State HAS to follow.*
> 
> I believe that's exactly what they're trying to do, Hal, I think you miss that fact....I also believe you ignore or just don't get that the actions of others DIRECTLY relates to how others act and think.....perception! Simple human nature, there....
> 
> ...


 

Ahhh....Mr. Perception. How can I say this without being a jerk....well....I can't.
Yes...I can acknowledge that alot of folks have a "perception" of how MMJ works in the West and that they believe that is a negative.
These are the Same folks that see a dude with tattoos and a mohawk and think "loser".
Let's call them "sheeple", as they are truly sheep following the Fox news propagana machine...and believing it as true. There is no convincing them that maybe it IS working out in the West and all the negative stories are just that...negative stroies. They like to believe the pretty young girl on the news and think that what she says is the way the world really is.

What should we have done Roddy? Wait until other States in the East passed MMJ laws first then modeled after tehm? Be a long wait I'm sure.
Well, the West didn't. Western States embraced MMJ and ran with it, open the door to conversations like this. Without it, there would be no conversations about this at all.

All I can say is what Chuck D stated years ago "Don't believe the hype"
Think for yourselves. Gather enough sigs to put legislation on the ballots.
I know it is much eaiser to point to the West and put blame on them for your lack of gumption. It is a long hard fight, to say the least.


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## NorCalHal (May 4, 2012)

Stop usuing "perception" as a crutch, and just get er done fellas. 76%...cmon meow.
You said yourself Roddy that your goverment officials are not with MMJ, but yet you guys passed it. It can be done.


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## NorCalHal (May 4, 2012)

I had to add this, if Perception is true, then CO looks to me like it is being ran by fools, according to American Weed show on TV, but I know it to not be true.
Free your mind.


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## Roddy (May 4, 2012)

NorCalHal said:
			
		

> Ahhh....Mr. Perception. How can I say this without being a jerk....well....I can't.
> Yes...I can acknowledge that alot of folks have a "perception" of how MMJ works in the West and that they believe that is a negative.
> These are the Same folks that see a dude with tattoos and a mohawk and think "loser".
> *Let's call them "sheeple", as they are truly sheep following the Fox news propagana machine...and believing it as true. There is no convincing them that maybe it IS working out in the West and all the negative stories are just that...negative stroies. They like to believe the pretty young girl on the news and think that what she says is the way the world really is.*
> ...



Those "sheeple" are the exact same that make passing laws difficult (even impossible for some states)! Yes, long and hard and getting harder daily.

No Hal, I don't think you understand my continued voice in this, I do applaud you states that passed this before us, but I also wish you'd have worked harder in getting dispensaries and other key sticking points in, because doing so after the fact really hurt everyone down the line from there on (even though you like to say otherwise)! There's a lot of good that was done by your "mavericks" and others behind you, no doubt, and you're happy to take credit for that, you might acknowledge that there's been bad as well.


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## Roddy (May 4, 2012)

And, that bad that has been done adds heavily to the perception....


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## rickyjack9 (Oct 8, 2014)

OREGON is going to decriminalize MJ this NOV and unlike Washington State, where a citizen cannot grow, an Oregonian will be able to 'state legally' grow up to 4 plants.
someone told me Colo lets u grow 6 plants. all this without being a patient.
currently the taxes and prices are too high. cheaper to buy from Mafia. I thought that's what we want to eliminate??? go Oregon and colo. Washington, don't let them darn R's stop u. vote D.            ps.............Kochs, stay out of Oregon, dirty, greedy goons.
I didn't know how corrupt Wash state is. car ins in wash told me only about half drivers have car ins...***? do your jobs cops...lay off the weed users tho. I switched to cannaoil
using quality oil like peanut, walnut, or sesame. they taste great. others don't.
5 min after a spoon of this stops craves to smoke. you are 'high' in 1 hr, and lasts for 10 hrs. I know as ive smoked or vaped (went to ER after vaping about a yr, fyi) for 44 yrs. if only I knew this 40 yrs ago. no more lung abuse...get educated people. why mess your lungs? I tried quitting 599 times while a teenager smoking...coff coff.. dumb I was. no more.


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