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Bill To Ban Hemp Products With THC Is Filed In Texas House, As Governor Continues To Call For Regulations Instead

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As Texas’s special legislative session enters its second week, a Republican House member on Monday filed companion legislation to a Senate bill that would ban consumable hemp products with any detectable level of THC.

Meanwhile, Gov. Greg Abbott (R), who vetoed an earlier version of the ban during the state’s regular legislative session, is continuing to call for a compromise that would allow small amounts of THC in hemp products.

“We want to make sure adults still have the liberty to be able to have access to non-intoxicating hemp-based products,” Abbott said in an interview with The Texan last week.

He said, however, that “as long as

are below three milligrams of THC content, they are non-intoxicating.”

Under SB 5, which a Senate committee unanimously advanced last week and is set to be taken up by the full chamber in coming days, consumable hemp products with any amount of THC would be illegal. Even mere possession would be punishable as a Class B misdemeanor, carrying up to 180 days in jail and a $2,000 fine.

Only products with two specific cannabinoids—CBD and CBG—would be allowed under the Senate proposal.

Reform advocates have hoped that, as happened during the regular session this year, House lawmakers might revise SB 5 to regulate, rather than ban, hemp products containing THC.

While that could still happen, Rep. Gary VanDeaver (R) on Monday introduced HB 5, which is effectively identical to SB 5. It had not yet been scheduled for a hearing as of Monday afternoon. VanDeaver chairs the House Committee on Public Health.

Heather Fazio, director of the Texas Cannabis Policy Center, told Marijuana Moment that the group was “surprised to see Chairman VanDeaver introduce HB 5, which appears to be a carbon copy of SB 5,” emphasizing that the proposals don’t align with Abbott’s stated goals for hemp regulation.

“Both of these bills strictly ban and criminalize any amount of THC and nearly all non-impairing cannabinoids. This means even full spectrum CBD oil would be off the market,” Fazio said. “These bills are unreasonable and do not reflect the governor’s position. Governor Abbott has called on lawmakers to regulate THC. He recently reiterated this position and called for low THC limits, but he confirmed that he does not support an outright ban.”

(Disclosure: Fazio supports Marijuana Moment’s work via a monthly Patreon pledge.)

SB 5, meanwhile, was on the Senate calendar for Monday but the body convened and quickly adjourned without taking action on any bills. Senators are next scheduled to meet on Wednesday.

Ahead of the special legislative session, Abbott specifically asked lawmakers to prioritize hemp regulatory issues. He reiterated his opposition to enacting a blanket prohibition on hemp products, which he called “a lawful agricultural commodity,” and called on the legislature to make two chief reforms.

One of Abbott’s requests was that lawmakers pass legislation “making it a crime to provide hemp-derived products to children under 21 years of age.”

Another sought a measure “to comprehensively regulate hemp-derived products, including limiting potency, restricting synthetically modified compounds, and establishing enforcement mechanisms, all without banning a lawful agricultural commodity.”

In his interview with The Texan last week, Abbott reiterated his opposition to an outright ban on consumable hemp products.

“I’m not in favor of a total ban,” he said, adding that he does support restrictions on synthetic cannabinoids and youth access to hemp products.

“I am, to be clear, in favor of a ban for those under the age of 21,” the governor explained. “I am in favor of a ban of any type of synthetic that can be added to these products that would make the product more dangerous. I am in favor of a ban of any hemp-based product that reaches an intoxication level, and that is more than three milligrams of THC.”

As Abbott has done in other interviews around the hemp bill, he again gave a somewhat confusing explanation of what he views as allowable THC limits in hemp, variously saying there should be a “three percent” or “three milligram” cap, which is a meaningful difference.


Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.


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He said in a separate recent interview with FOX 4 that “every law enforcement official I’ve talked to has said the same thing, and that is, they don’t have the resources to regulate it,” but added that “If they’re measuring the hemp product not based upon the current methodology, 0.3 percent THC, but on the milligram basis, it’s a whole lot easier to be able to measure it.”

At last week’s Senate committee hearing on SB 5, most law enforcement speakers said they supported an all-out ban on hemp products containing any THC rather than attempts at regulation. Some later added, however, that they felt the state’s limited medical marijuana program, known as the Texas Compassionate Use Program (TCUP), should be expanded to ease access by patients—especially military veterans—who could benefit from therapeutic cannabis.

Notably, Abbott in June signed a bill into law that expanded the state’s list of medical cannabis qualifying conditions, adding chronic pain, traumatic brain injury (TBI), Crohn’s disease and other inflammatory bowel diseases, while also allowing end-of-life patients in palliative or hospice care to use marijuana.

SB 5 and companion HB 5 are among a small handful of bills introduced for the new special session to address consumable hemp products.

Among other proposals are measures to require extensive product warning labels and limit how hemp products are packaged.

Two other newly introduced bills are HB 160 from Rep. Charlene Ward Johnson (D) and SB 39 from Sen. Judith Zaffirini (D).

The former would require a number of warning labels to be carried on hemp products with any more than trace amounts of THC, cautioning that the products can cause “cannabis poisoning that can be life-threatening to children,” harm brain development in youth, increase “risk of mental disorders like psychosis and schizophrenia” and lead to anxiety, depression and substance abuse disorders.

SB 39, meanwhile, would prohibit hemp products from being packaged or marketed “in a manner attractive to children,” limiting packaging shaped like humans, animals, fruit, cartoons or “another shape that is attractive to minors” as well as packaging that looks similar to legal products already marketed to children, for example candy or juice. It would also outlaw misleading product packaging. Violations would be a Class A misdemeanor, carrying up to a year in jail and a $4,000 fine.

Separately, last week Rep. Nicole Collier (D) introduced a one-page bill, HB 42, designed to protect consumers in the state from criminal charges if what they believed was a legal hemp product turned out to contain excessive amounts of THC, making it illegal marijuana. It would prevent the criminalization of someone found in possession of a product that’s labeled as hemp but is determined to contain “a controlled substance or marihuana.”

In order for the person to obtain the legal protection, the product would need to have been purchased “from a retailer the person reasonably believed was authorized to sell a consumable hemp product.”

Another bill—HB 195, introduced on Thursday by Rep. Jessica González (D)—would legalize marijuana for people 21 and older, allowing possession of up to 2.5 ounces of cannabis, with no more than 15 grams of that amount being in concentrated form.

Yet another proposal would order state officials to conduct a study on testing for THC intoxication.

As for what Texans themselves want to see from their representatives, proponents of reining in the largely unregulated intoxicating hemp industry in Texas shared new polling data on Wednesday indicating that majorities of respondents from both major political parties support outlawing synthetic cannabinoids, such as delta-8 THC.

The survey also found that respondents would rather obtain therapeutic cannabis products through a state-licensed medical marijuana program than from a “smoke shop selling unregulated and untested hemp.”

Ahead of the governor’s veto last month of SB 3—the earlier hemp product ban—advocates and stakeholders had delivered more than 100,000 petition signatures asking Abbott to reject the measure. Critics argued that the industry—which employs an estimated 53,000 people—would be decimated if the measure became law.

Image element courtesy of AnonMoos.

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FDA Commissioner Links Use Of Cannabis Products To Heart Problems And Psychosis

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Asked about the widespread availability of intoxicating cannabinoid products, such as delta-8 THC, the head of the U.S. Food and Drug Administration (FDA) warned on Tuesday that the use of cannabinoids can lead to cardiac problems and psychosis.

“I personally, in my writings, in my statements—and also the Department of Health and Human Services—have expressed serious concerns about people using these cannabis products,” FDA Commissioner Marty Makary said in response to a question from a Wall Street Journal reporter.

“We don’t want kids to use them,” Makary replied. “Cannabis use disorder is a real thing, and as you appropriately mentioned, there are now studies linking it to psychosis and even cardiovascular problems.”

The FDA chief’s comments came at a press event at which he and other federal health officials announced plans to take action to restrict a separate substance: 7-hydroxymitragynine (known as 7-OH-MIT or simply 7-OH), an opioid-like compound that is produced in small amounts by the kratom plant.

Makary said the matter of reining in cannabis products is “an important issue” but described it “an entirely separate public health campaign” from plans to restrict 7-OH.

As for that substance, FDA is recommending that the Drug Enforcement Administration (DEA) schedule the compound under the federal Controlled Substances Act.

“There are no FDA-approved 7-OH drugs, 7-OH is not lawful in dietary supplements and 7-OH cannot be lawfully added to conventional foods,” FDA said in a press release about the planned move.

FDA says the proposed scheduling action would specifically target 7-OH, which it described as “a concentrated byproduct of the kratom plant.”

The agency says the action “is not focused on natural kratom leaf products,” which contain relatively little 7-OH. In botanical kratom, the primary active ingredient in is another chemical, mitragynine.

“Today, we’re taking action on 7-OH as a critical step in the fight against opioid addiction,” Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. said in a statement. “We will protect the health of our nation’s youth as we advance our mission to Make America Healthy Again.”

FDA noted that last month, it issued warning letters to seven companies that the agency claims was illegally distributing 7-OH products, “including tablets, gummies, drink mixes and shots.” The agency

Officials also unveiled new guidance for healthcare professionals on Tuesday as well as a warning to consumers about 7-OH products “hiding in plain sight.”

“The time to act is now,” the consumer warning says. “We can and must prevent the next wave of the opioid crisis.”

At least some in the kratom industry are applauding the newly announced scheduling action.

The American Kratom Association, for one, said in an email to supporters, that it “applauds this bold, science-driven action as a critical milestone in protecting public health and consumer safety.”

“These 7-OH products are not kratom,” said Mac Haddow, a senior fellow on public policy at the trade group. “They are chemically altered substances that carry potent opioid-like effects and pose an imminent threat to consumers. This move sends a clear and long-overdue message: the safety of the American public comes first.”

As for hemp-derived products, meanwhile, a Republican U.S. senator this week successfully blocked a proposed ban on hemp THC products that was included in a key spending bill, giving the industry a win amid contentious discussions around intoxicating cannabinoids.

Following intensive debates around the language—which would have prohibited hemp products with any quantifiable amount of THC—Sen. Rand Paul (R-KY) stood his ground with a threat to procedurally hold up the appropriations bill covering Agriculture, Rural Development, Food and Drug Administration (Ag/FDA). And to that end, he prevailed in getting the section removed.

Sen. Mitch McConnell (R-KY), who championed the federal legalization of hemp and its derivatives under the 2018 Farm Bill, wanted to see the hemp ban proceed through the process. But on Tuesday, Sen. John Hoeven (R-ND), chair of the appropriations subcommittee of jurisdiction, told reporters it was ultimately stripped from the legislation.

Under the legislation that advanced through the Senate Appropriations Committee earlier this month, consumable hemp products with any “quantifiable” amount of THC would be banned.

Paul told Marijuana Moment late last month that the proposal—which largely mirrors provisions of a House version of the spending bill, championed by Rep. Andy Harris (R-MD)—would “completely destroy” the industry.

On the House side, while Harris amended report language attached to the chamber’s bill clarifying that it’s not the intent to stop people from accessing “industrial or non-intoxicating hemp-derived cannabinoid products with trace or insignificant amounts of THC,” the bill itself still says that products containing any “quantifiable” amounts of THC couldn’t be marketed. And it’s rare to find CBD items without any natural traces of THC.

Paul recently filed a bill that would go in the opposite direction of Harris’s ban, proposing to triple the concentration of THC that the crop could legally contain, while addressing multiple other concerns the industry has expressed about federal regulations.

The senator introduced the legislation, titled the Hemp Economic Mobilization Plan (HEMP) Act, in June. It mirrors versions he’s sponsored over the last several sessions.

Harris, for his part, told Marijuana Moment that he’s not concerned about any potential opposition in the Senate—and he also disputed reports about the scope of what his legislation would do to the industry.

The Congressional Research Service (CRS) released a report last month stating that the legislation would “effectively” prohibit hemp-derived cannabinoid products. Initially it said that such a ban would prevent the sale of CBD as well, but the CRS report was updated to exclude that language for reasons that are unclear.

The hemp language is largely consistent with appropriations and agriculture legislation that was introduced, but not ultimately enacted, under the last Congress.

Hemp industry stakeholders rallied against that proposal, an earlier version of which was also included in the base bill from the subcommittee last year. It’s virtually identical to a provision of the 2024 Farm Bill that was attached by a separate committee last May via an amendment from Rep. Mary Miller (R-IL), which was also not enacted into law.

A leading alcohol industry association, meanwhile, has called on Congress to dial back language in the House spending bill that would ban most consumable hemp products, instead proposing to maintain the legalization of naturally derived cannabinoids from the crop and only prohibit synthetic items.

Wine & Spirits Wholesalers of America (WSWA) President and CEO Francis Creighton said in a press release that “proponents and opponents alike have agreed that this language amounts to a ban.”

Separately, key GOP congressional lawmakers—including one member who supports marijuana legalization—don’t seem especially concerned about provisions in the bill despite concern from stakeholders that it would put much of the hemp industry in jeopardy by banning most consumable products derived from the plant.

Miller, of the U.S. Hemp Roundtable, told congressional lawmakers in April that the market is “begging” for federal regulations around cannabis products.

At the hearing, Rep. James Comer (R-KY) also inquired about FDA inaction around regulations, sarcastically asking if it’d require “a gazillion bureaucrats that work from home” to regulate cannabinoids such as CBD.

A report from Bloomberg Intelligence (BI) last year called cannabis a “significant threat” to the alcohol industry, citing survey data that suggests more people are using cannabis as a substitute for alcoholic beverages such a beer and wine.

Last November, meanwhile, a beer industry trade group put out a statement of guiding principles to address what it called “the proliferation of largely unregulated intoxicating hemp and cannabis products,” warning of risks to consumers and communities resulting from THC consumption.

Regarding THC use and psychosis, meanwhile, some federal officials in the Trump administration have been playing up the apparent link—though experts say it’s unclear whether there’s any causal connection between the two.

DEA in May claimed marijuana could be more likely to cause psychosis than is methamphetamine, promoting a recent article where a psychiatrist indicated that the jury is out on the question.

While DEA has long been known to promote sensational claims about the risks of cannabis use, it appears there’s been a stepped-up push to reinforce that message, particularly for youth.

For example, DEA recently teamed up with an anti-marijuana organization to mark “National Prevention Week,” promoting a campaign that encourages people to share memes with dubious claims about the effects of cannabis—including the theory that it is a “gateway drug” to using other substances.

Notably, a 2023 study published by the American Medical Association found that despite increases in cannabis consumption by adults in recent years, states where marijuana was legal experienced “no statistically significant increase” in psychosis-related diagnoses.

Separately, a cannabis researcher at Johns Hopkins University said on a federal Substances and Mental Health Services Administration (SAMHSA) earlier this month that the causal link between cannabis and developing psychosis is “questionable.”

There is “undoubtedly a strong correlation between heavy cannabis use and earlier onset of psychosis, and psychosis severity” said Ryan Vandry, an experimental psychologist and professor, but “the causality on someone who would not otherwise develop psychosis is still questionable.”

In a 2023 op-ed for Marijuana Moment, the deputy director for the advocacy group NORML noted that claims that marijuana could cause “incurable insanity” stretch back nearly a century in the U.S. and helped support Congress’s blanket ban on cannabis in 1937.

“In reality, acute cannabis-induced psychosis is rare, and those who experience it are typically either predisposed to psychosis or have a pre-existing psychiatric disorder,” wrote Paul Armentano, pointing to studies out of Europe and Canada.

Armentano argued at the time that “the establishment of a regulated market designed to keep cannabis products away from young people, and that provides clear warnings to those specific populations who may be more vulnerable to its effects—coupled with a policy of consumer education—is the best way to protect public health and mitigate consumers’ risks.”

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

Become a patron at Patreon!





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New York Cannabis Regulators Messed Up Dispensary Location Guidance; 152 Stores Impacted

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The New York Office of Cannabis Management (OCM) issued a proximity correction on July 28 that impacts 105 licensed dispensaries and at least 47 pending applicants related to their distances from schools.

The OCM determined that its staff erred in approving locations for these 152 retailers/aspiring retailers through guidance that the office established in 2022, which includes measuring the state’s entrance-to-entrance distance between a dispensary and school. Under state law, cannabis dispensaries must be at least 500 feet from schools.

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However, OCM officials said this week that their 2022 entrance-to-entrance guidance is not consistent with the Marijuana Regulation and Taxation Act (MRTA) that former Gov. Andrew Cuomo signed into law in March 2021. Instead, they said, the distance must be measured from a dispensary’s main entrance to the “nearest property line boundary of a school’s ground.” This is a straight-line measurement.

Ny Sidebar

“Reading these sections of law together, a cannabis retail dispensary cannot be within 500 feet of a school’s property line,” according to the OCM’s July 28 overview of the correction. “The office has contacted impacted licensees and applicants by phone and by letter/email with detailed information about the practice correction and timeline.”

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The impacted businesses/applicants are primarily located in New York City, including 88 of 105 licensees and 39 of the 47 pending applications, according to the OCM.

Ny Impacted BusinessesNew York Office of Cannabis Management

As of July 25, there were 436 licensed adult-use dispensaries in the state, including 177 in the smallest geographic region: New York City.

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OCM Acting Executive Director Felicia Reid notified state regulators that the affected businesses include 60 dispensaries that are already open, with the other 45 impacted licensees actively working toward opening their doors, The New York Times reported. The Times received a copy of Reid’s communications with her staff and the impacted businesses.

“To give you this news, and for the weight of it, I am incredibly sorry,” Reid wrote to those impacted.

While the Times initially reported that the OCM is “forcing” 152 cannabis retailers to find new locations after the administrative review of its 2022 guidance, the OCM disputed that word choice.

“Facts matter. This is not accurate,” OCM officials wrote on X. “The office is not forcing 152 cannabis retailers to find new locations.”

The OCM and Gov. Kathy Hochul’s office will be proposing and “aggressively pursuing” a legislative fix for licensed dispensaries whose locations conflict with state law, according to the OCM’s correction overview.  

“This legislation would permit licensees to remain at their present licensed location,” according to the overview. “Importantly, passage of proposed legislation is the prerogative of the New York State Legislature and is not a guarantee.”

In the absence of that legislative fix, the OCM cannot renew permits for the 105 already licensed retailers. In the meantime, dispensaries can remain open until their licenses are up for renewal, according to the OCM.

In other words, the OCM is attempting to grandfather in dispensaries that are already open, but only state lawmakers can make that call.

Meanwhile, the OCM is requiring the 47 pending applicants who are impacted by the office’s miscue to find new locations before moving forward in the application process.

To “lessen the burden” of the OCM’s correction, the office is working with Hochul’s office and the Empire State Development to create a $15 million relief program, from which the applicants can seek up to $250,000 each in coverage to help find new locations or to make capital improvements to their original locations.

“Applicants will still be able to pursue licensure, even if they participate in the [relief] program, but they must find a new location before moving ahead in the application process,” according to the OCM.

The office will also work with these applicants through provisional licenses and extensions on current provisional licenses, according to the OCM.

Damian Fagon, the OCM’s former chief equity officer, who resigned in November following an investigation of unsubstantiated allegations against him, took issue with the $15 million relief program for license applicants, the Times reported.

“A politically motivated rule reversal is now diverting another $15 million from the very communities the law was written to help repair,” he said.

OCM officials said that as their analysis continues, they could identify additional applicants or retail licensees who will be impacted by their correction. If so, the office will contact them directly.



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Richard Lee, Who Made Cannabis Legalization Inevitable, Has Died. His Mission Lives On

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By Dale Sky Jones, Angela Bacca & Etienne Fontan

With profound sorrow, Oaksterdam University announced the sudden and unexpected passing of its founder, Richard Lee, considered the leader who sparked the wave of global cannabis legalization in the 2010s. He passed away in Houston, Texas, on Sunday, July 27. He was 62 years old. A pioneer, visionary, and fearless advocate for justice, Richard reshaped cannabis policy, coined the term “cannabis industry,” and formalized the first quality training in the world. 

Born in Houston, Texas, on October 7, 1962, Richard developed an early interest in music and worked at concert venues in his 20s. While working on lighting as a roadie for Aerosmith in 1990, he suffered a workplace injury that left him paraplegic. He discovered cannabis as a treatment for the resulting chronic nerve pain and quickly became a passionate advocate.

In 1992, he co-founded Legal Marijuana—The Hemp Store in Houston, one of the first hemp retail stores in the U.S. He also converted his conservative Christian parents to cannabis advocacy, beginning a lifelong mission of shifting hearts and minds.

In 1997, Richard moved to Oakland, California, for safe legal access to cannabis and began providing cannabis to the Oakland Cannabis Buyers’ Cooperative (OCBC). He co-founded the Hemp Research Company, conducting early research on sustainable cannabis horticulture. Working closely with OCBC founder Jeff Jones, they helped establish “Oaksterdam” as a safe cannabis district in downtown Oakland.

In 1999, Lee opened the Bulldog Coffeeshop. In 2003, he founded the Oakland Civil Liberties Alliance, which passed Oakland’s Measure Z, deprioritizing cannabis enforcement and laying the groundwork for city taxation and regulation. From 2005 to 2007, Lee published the Oaksterdam News, which had a circulation of over 100,000, further cementing the city’s position as the hub of the cannabis reform movement.

In 2007, Richard founded Oaksterdam University, the first cannabis college in the U.S. His revolutionary vision was to formalize cannabis education and destigmatize the plant. He believed in advertising and real estate – filling empty storefronts with cannabis-related businesses to revitalize his community. Lee opened his doors to media, regulators, and policymakers, making cannabis education accessible, professional, and transparent.

In 2010, Richard became the face and co-proponent of Proposition 19, the first statewide initiative to legalize adult-use cannabis in California. He invested over $1.3 million of his own funds and used his businesses to support the campaign. Though it failed narrowly, it paved the way for future victories around the country and internationally. 

On April 2, 2012, four federal agencies raided Oaksterdam University, Richard’s home, and other businesses. Though no charges were filed, the raid was believed to be politically motivated. He stepped back from leadership, passing the torch to Dale Sky Jones. Despite the setback, the university endured and evolved under her stewardship. It now offers online professional and workforce development training, with over 100,000 graduates from 116 countries, many of whom are today’s business and community leaders. 

“Richard’s courage to fight when it wasn’t easy, when it wasn’t safe, and when few others dared, led to a domino effect of global change that we are still witnessing today,” says Dale Sky Jones. “He didn’t wait for the system to catch up; he worked relentlessly to make it right.”

Jeff Jones, Richard’s longtime collaborator and co-founder of OCBC, added, “Richard Lee assumed monumental risks for over a decade, publicly taking charge of the Oaksterdam mission and taking it to new heights, pushing political boundaries beyond what most could imagine possible.”

Beyond his public legacy, Richard was a mentor, a fighter, a godfather, and a true friend. He was generous, selfless, and driven by belief in the potential of others. He demanded the best because he saw the best in us. Donald Lee, Richard’s youngest brother, shared, “Richard was an inspiration to so many. No less so for his family. That inspiration will never fade.” 

Richard relocated to Houston to care for his mother, Ann Lee, co-founder of Republicans Against Marijuana Prohibition. He remained active in advocacy and stayed close to family. Richard is survived by his mother, Ann; brothers Don, Michael, and Bobby; and several nieces and nephews. He was preceded in death by his father, Bob Lee, and his eldest brother, Jim Lee. 

Known as Rev, he always said, “Keep the Faith.” We certainly will, Richard. His memory will live on through every Oaksterdam graduate, every policy change he inspired, and every community freed from injustice because of his work. His legacy is one of freedom, justice, and hope. Donations may be made to the Richard Lee Memorial Fund to help with costs and continue to honor his legacy.

Photos courtesy of Oaksterdam University

This article is from an external, unpaid contributor. It does not represent High Times’ reporting and has not been edited for content or accuracy. 



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PRESS RELEASE : Justice Department Submits Proposed Regulation to Reschedule Marijuana

Asia Pacific & Australia1 year ago

Thailand: Pro-cannabis advocates rally ahead of the government’s plan to recriminalize the plant

California Cannabis Updates1 year ago

Press Release: May 9, STIIIZY and Healing Urban Barrios hosted an Expungement Clinic & Second Chance Resource Fair

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