Texas still prohibits adult-use marijuana, but hemp legalization, a restricted medical program, and uneven enforcement have created an active market, hiding in plain sight.

Texas has not legalized adult-use cannabis. It has, however, spent the past several years creating conditions in which a person can walk by “Free Weed” signs into a store, buy an intoxicating hemp product, pass a medical cannabis delivery van on the way home, and still face criminal charges for possessing marijuana.

Clear as mud, right?

That confusion is not some accidental side effect of prohibition. It has become the defining feature of Texas cannabis policy. Hemp, medical cannabis, and marijuana operate under separate rules, even when the products look, smell, and function more alike than lawmakers might care to admit.

The result is a state where cannabis remains officially forbidden and plainly available at the same time.

How Hemp Cracked the Door Open

Texas opened the door in 2019 when lawmakers legalized hemp and consumable hemp products containing no more than 0.3% delta-9 THC. Marijuana remained illegal, but the distinction between the two plants now depended largely on chemistry rather than appearance.

That distinction created an enormous retail market around cannabinoids, including delta-8 THC, delta-9 THC, and THCA. THCA is found naturally in cannabis flower and converts into delta-9 THC when heated. For years, retailers sold flower containing significant amounts of THCA as hemp with its measured delta-9 THC concentration remaining within the state limit.

To the consumer, the experience could be remarkably similar to buying marijuana in a legal state. To Texas regulators, it was just hemp.

Lawmakers spent the 2025 legislative session trying to shut much of that market down. Senate Bill 3 would have broadly prohibited consumable hemp products containing cannabinoids other than CBD and CBG. Gov. Greg Abbott vetoed the bill on June 22, 2025, after it had passed both chambers.

A different measure, Senate Bill 2024, did become law however. Effective September 1, 2025, businesses are prohibited from marketing, advertising, offering for sale, or selling e-cigarette products containing cannabinoids. The new law targeted commercial activity involving cannabinoid vapes, rather than the possession of every vapor product by an individual.

Then came the Texas Department of State Health Services.

New DSHS rules took effect March 31, 2026, requiring THCA to be included in a product’s “total delta-9 THC” calculation. Products sold in Texas must test at or below 0.3% total delta-9 THC on a dry-weight basis. Hemp businesses challenged the rules, and the dispute remained in appellate litigation as of July 2026. The new calculation threatened much of the high-THCA flower market, even though properly packaged, labeled, and tested smokable hemp products manufactured outside Texas could still be sold by registered retailers. 

Delta-8 faced a separate legal shift. In May 2026, the Texas Supreme Court reversed the injunction that had blocked DSHS from treating manufactured delta-8 THC as a controlled substance. DSHS subsequently reinstated its definitions of “tetrahydrocannabinols” and “marihuana extract,” effective July 31, 2026, placing manufactured delta-8 and other covered THC isomers back within the state’s controlled-substances framework. 

This is what doing cannabis business in Texas looks like: a product can be on shelves, off shelves, back on shelves, and illegal again before the average customer understands what the initials on the package mean.

One Plant, Three Legal Systems

Texas does have medical cannabis, but not in the way patients from many legal states would recognize.

Under the Texas Compassionate Use Program (TCUP), permanent Texas residents with qualifying conditions can receive low-THC cannabis through a physician registered with the state. Patients do not apply for a conventional medical marijuana card or pay a state registration fee. Their physician enters the prescription into the Compassionate Use Registry of Texas.

The qualifying list now includes conditions such as cancer, epilepsy, post-traumatic stress disorder, multiple sclerosis, traumatic brain injury, chronic pain-causing conditions, and terminal illnesses. As of July 2026, patients could obtain products from three active licensed dispensing organizations, while 12 additional applicants were moving through conditional licensing and due diligence. Cannabis cannot be grown at home, and smoking remains prohibited under the program. 

That medical system is legally separate from the hemp market and from illegal marijuana. A TCUP product is authorized through a physician. A hemp product is regulated according to its cannabinoid content and product category. Marijuana purchased outside those systems remains banned under state law.

On paper, those are clean categories. On the street, not so much.

Hemp flower and marijuana can be difficult to distinguish without laboratory testing. That particular problem became especially obvious after Texas legalized hemp. Police officers could still see and smell cannabis, but establishing whether it crossed the legal THC threshold could require testing which some departments were unwilling to fund for minor cases.

Local enforcement added another layer of uncertainty. Austin voters approved an ordinance in 2022 restricting arrests and citations for low-level marijuana possession. In April 2025, a state appeals court ordered the trial court to temporarily block enforcement of the ordinance while the underlying lawsuit continued. Austin Police Chief Lisa Davis nevertheless said at the time that the department would continue deprioritizing those cases, while acknowledging that officers again had the authority to issue citations. 

Deprioritization is not legalization. A diversion program is not immunity. An officer deciding not to make an arrest today does not prevent another officer, jurisdiction, or future administration from handling the same conduct differently.

Anyone carrying cannabis in Texas is still dealing with state prohibition, no matter how relaxed the nearest precinct may appear.

Texas Geography Keeps Prohibition Honest

Texas is a big-ass state. Driving across it takes long enough to reconsider a few life choices, refill the tank more than once, and watch the landscape become an entirely different planet. Its edges also brightly expose the basic weakness in the state’s cannabis system.

On a recent trip to El Paso, I accidentally drove one street too far and found myself in New Mexico. The most obvious sign that I had crossed into another state was a neon-clad dispensary with a frantic inflatable tube man whipping around outside.

There was no grand transition. No wall rose from the desert to separate one state’s cannabis laws from another’s. A few turns of the steering wheel moved me between jurisdictions with radically different rules for the same plant.

Geography does not prove where El Paso residents buy their weed, however, and it does not make transporting cannabis across state lines legal. It does show how strange prohibition becomes when a neighboring market is close enough to enter by missing a turn.

The same contradiction appears elsewhere along Texas’ enormous perimeter. Neighboring jurisdictions make their own cannabis policies, while Texas consumers, highways, businesses, and law-enforcement agencies remain connected to these policies through ordinary travel and commerce.

Cannabis prohibition has never placed the state inside a sealed container. It has simply determined who can participate openly, who operates underground, and who absorbs the legal risk.

Texas Has a Cannabis Market. It Just Refuses to Name It.

The Texas cannabis industry is not one market. It is several systems stacked on top of one another.

There is a physician-controlled medical program. There is a licensed hemp industry which grew around the wording of the 2019 law. There is an illicit marijuana market which prohibition has never eliminated. Local police departments and prosecutors also decide which low-level cases deserve attention.

The state’s answer has been to draw harder lines among products that consumers may experience as “closely related”, then repeatedly redraw those lines through representative-driven legislation, agency rules, lawsuits, and enforcement discretion.

This is why cannabis in Texas feels both normal and vaguely dangerous. People discuss products more openly than they once did. Hemp stores became familiar parts of shopping centers. Medical delivery vehicles operate legally. Yet possession of the wrong flower, which was purchased through the wrong channel, can still create a criminal case.

Texas has not avoided cannabis consumption by refusing to legalize marijuana. It has built a confusing market with fewer protections, uneven access, and an irritatingly erratic rulebook.

Keep Austin Weird may be a slogan, but when it comes to weed, the whole state banners the catchphrase.

Contributor Disclosure: This article was written by Sarah Schmidt, an independent, unpaid contributor. The views and first-person observations are the author’s own. Texas cannabis and hemp laws remain unsettled and may change through legislation, agency rules, court decisions, and local enforcement. This article reflects information available as of 7/21/2026, is provided for general informational purposes, and is not legal advice.

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Episode 2 of High Times’ Texas Cannabis Chronicles goes inside the machinery of the crackdown, where the Lieutenant Governor called hemp operators “terrorists” and a multibillion-dollar industry waits to find out if its legal business becomes a crime.

If Episode 1 of Texas Cannabis Chronicles showed the explosion, Episode 2 takes you inside the machine. The second installment of the High Times documentary series, directed by filmmaker JT Barnett, trades the wide shot for the engine room: the lobbying, the lawsuits, the agency rule-writing, and the political muscle quietly working to shrink what has become one of the largest cannabis markets on earth.

The episode’s title comes from its sharpest moment. At a Capitol hearing, Lt. Gov. Dan Patrick floated the idea that the people behind Texas hemp products might be running something sinister. “We have no idea who’s making this product,” he says. “Are they terrorists? Is this a terrorist money-laundering scheme?” The operators in the room were stunned. “We were just called terrorists by the Lieutenant Governor of Texas,” one says, still processing it on camera.

That’s the temperature of the fight Barnett is documenting. And the people he follows aren’t abstractions. They’re the founders of an Austin hemp company, the advocates working the Capitol on lobby day, the shop owners who built legal businesses on the back of a 2019 law, and the lawyers promising to sue the state, in their words, “into oblivion.”

How Texas Got Here

The backstory the episode lays out is real. In 2019, Texas passed HB 1325, legalizing hemp in line with the federal 2018 Farm Bill. The state didn’t expect what happened next. The hemp market exploded into a business that operators in the film describe as supporting tens of thousands of jobs and billions in revenue, sold across more than 8,000 locations statewide. Texas, almost by accident, became one of the biggest consumable-THC markets in the country.

Cynthia Cabrera, chief strategy officer for Austin-based Hometown Hero, walks through that history in the episode. Lukas Gilkey, the company’s founder and a former Coast Guard drug-task-force veteran, has become one of the most visible faces of the industry’s legal fight. Their company is at the center of the most consequential court case in Texas hemp right now.

One thread the film hammers, and that holds up, is the distinction politicians keep blurring. Operators argue that the products sold in licensed Texas shops are not the synthetic cannabinoids that have been illegal under state law since 2011. “It’s really disingenuous to call the products that are being sold in this industry synthetic,” one operator says, “when it is literally the exact same products that are being sold in the Texas Compassionate Use Program.” The conflation of legal hemp-derived THC with illegal synthetics is, the film argues, a rhetorical move that makes a ban easier to sell.

The Episode’s Thesis: It’s About Who Controls the Market

Barnett is explicit that Episode 2 isn’t a hero-and-villain story. “This episode’s not about villains,” he says. “It’s about systems. Systems that reward consolidation, punish independence, and quietly transfer opportunity.” The argument the film builds is that once hemp went mainstream in Texas, the fight stopped being about farmers and small business and became about power: who gets to decide what’s legal, who can operate, and who gets shut down.

The episode points at two interest groups it says don’t love hemp: the alcohol industry, which competes with it, and the licensed marijuana industry, which offers THC through a tighter licensing system that hemp sidesteps. Out of that, the film argues, comes the familiar language of “public safety” and “protecting the children,” deployed to justify narrowing the market. It’s a pointed claim, and it’s presented as the filmmaker’s argument rather than settled fact, which is the right way to frame it.

“One election cycle you’re compliant, the next cycle you’re a criminal.”

Texas Cannabis Chronicles, Episode 2

Where the Fight Actually Stands

Here’s the context worth adding to the episode, because the legal picture has moved fast. Patrick’s signature total ban, Senate Bill 3, passed the legislature in 2025 but was vetoed by Gov. Greg Abbott that June, with Abbott citing the likelihood it wouldn’t survive a court challenge. What came next was a quieter route to the same end: the Texas Department of State Health Services wrote new rules, effective March 31, 2026, that set a 0.3% total-THC limit, imposed child-resistant packaging and testing requirements, and hiked licensing fees from a few hundred dollars to as much as $10,000 per facility. Operators call it a ban by regulation. As Gilkey put it, “they did a ban with their own regulatory scheme.”

Those rules are currently blocked. A Travis County judge issued a restraining order, and the most recent extension keeps the smokable-hemp rules on hold until at least late July 2026. Meanwhile, the Texas Supreme Court handed down a split decision in early May: it restored the state health agency’s authority to treat delta-8 THC as a controlled substance, overturning a long-standing injunction Hometown Hero had won, while the broader rule package stayed blocked. The episode references that Supreme Court turn as the moment the state gained ground. It’s an accurate read, even if the overall ban hasn’t taken effect.

In other words, the war the series is documenting is still live. Smokable hemp is legal in Texas today only because a court says so, and that protection has an expiration date unless the litigation extends it. Every shop owner, farmer, and distributor in the film is operating in exactly the gray zone Barnett describes, where compliance is real but temporary, and the rules can be rewritten by the next ruling or the next session.

Why It Matters Beyond Texas

The reason this series works is the same reason Texas matters: what happens there won’t stay there. Texas is the test case for whether a state can build a massive hemp economy and then dismantle it through agency rule-making rather than legislation, sidestepping the veto that killed the outright ban. If it works in Texas, the playbook travels.

Episode 2 ends on that cliffhanger, with the industry waiting, as Barnett puts it, “to see whether regulation wins out or whether prohibition comes back wearing a different suit.” On the current timeline, that question gets answered in a courtroom this summer.

If you missed the opener, Episode 1, “The War on Texas Cannabis Has Begun,” sets up the whole fight: the farms that turned cotton fields into hemp, the veterans who say cannabis worked when opioids didn’t, and the political machine moving to shut it all down.

Episode 2 of Texas Cannabis Chronicles, “Called ‘Terrorists’ by the Texas Lt. Governor,” is live now on the High Times YouTube channel, with six more episodes to come.

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Directed by JT Barnett, the new High Times series Texas Cannabis Chronicles opens inside one of the fastest-moving and most politically contested cannabis markets in America, where farmers, veterans, patients and small operators are bracing for a crackdown they say could wipe out an entire industry.

The biggest cannabis story in America right now is not happening in California, and High Times is making that case in a loud way.

This week, we dropped Episode 1 of Texas Cannabis Chronicles, a new documentary series directed by filmmaker JT Barnett that throws itself straight into one of the most chaotic and politically loaded cannabis fights in the country. The opening episode, “The War on Texas Cannabis Has Begun,” frames Texas not as a side plot in the national cannabis story, but as the place where the next big battle over hemp, medicine, regulation and political power is already underway.

Barnett, who introduces himself on camera as a producer known for finding stories “where business power and chaos collide,” positions the series less like a distant explainer and more like an embedded dispatch from inside a state on the brink. “The biggest story I could chase down was in my own backyard,” he says early in the episode. That backyard, as the film quickly makes clear, is a Texas cannabis economy that grew fast, created real livelihoods and is now facing an aggressive push from politicians and regulators who seem determined to shrink it, box it in or wipe major chunks of it off the map.

That tension gives the episode its spine. Barnett and the people he follows are not just talking about weed in the abstract. They are talking about small farms that turned cotton fields into hemp fields, veterans who say cannabis helped when opioids failed, parents finding products that worked for their kids and a market the episode describes as supporting roughly 50,000 jobs in Texas. Then comes the counterforce: bans, political theater, federal pressure, lobbying and a regulatory turn that threatens to crush one of the state’s most important product categories.

The film doesn’t pretend neutrality about what is happening. It has a point of view, and it is not shy about it. At one point Barnett says SB 3 was “a killer by design meant to destroy an industry legalized in Texas in 2019 and federally in 2018.” Later, the episode argues that the new state rules taking effect March 31 will ban smokable hemp products, including THCA flower, while leaving edible products alive under tougher testing and packaging requirements.

That is where the documentary gets interesting. It is not only trying to tell a Texas policy story. It is also trying to tell a High Times story, one about what happens when a plant that clearly helps people gets caught between culture war politics, moneyed interests and the old American instinct to criminalize first and explain later. Barnett leans into that hard, promising a season that will “expose the corruption,” “celebrate the resilience” and ask whether “corporate giants, VC money, and corrupt politicians” will be allowed to shut the industry down.

There is also a bigger strategic point buried in the episode: Texas matters because what happens there will not stay there. Barnett says as much when he warns that this is not just a Texas story but “a global movement.” The series promises to follow farmers, veterans, lawyers, entrepreneurs and activists across eight episodes, while also digging into how corporate interests are allegedly pushing to outlaw hemp even as some players quietly position themselves to benefit from narrower medical markets.

That is one reason putting Barnett at the center works. He is not playing the polished host who floats in to summarize everyone else’s pain. He comes across more like a guy who knows he is standing inside a real fight and wants viewers to feel the stakes. “These are real lives, real stakes, all facing the collision of politics, money, medicine, and freedom,” he says near the end of the episode. That line is basically the mission statement for the whole thing.

And the timing is not accidental. Episode 1 lands just as Texas businesses brace for the March 31 rule changes, a deadline the film presents as a turning point for smokable hemp, small operators and the larger legal gray zone that built Texas cannabis into what it is. In that sense, the series is not dropping into a settled issue. It is dropping into an active war.

For High Times, that is the smart play. Texas is messy, political, weirdly American and packed with contradictions: a huge consumer base, a booming hemp market, a limited medical program, a state government pulled in different directions and an industry full of people who do not want to go back quietly. If California was the first big legalization laboratory, Texas may be becoming the country’s most combustible cannabis battleground.

And Barnett is clearly treating it that way.

Episode 1 is now live on the High Times YouTube channel, with new installments set to roll out soon. If the opener is any indication, Texas Cannabis Chronicles is not here to do soft-focus cannabis optimism. It is here to document a fight.

And in Texas, the fight has already started.

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Ohio’s new law is already in effect. South Carolina’s Senate went with a narrow regulate-it-don’t-ban-it model. Texas is about to wipe smokable hemp off shelves while squeezing the rest with tougher rules and steeper fees. Same plant, same loophole, three very different state responses.

The hemp fight did not move in one direction this month. It split three ways.

In Ohio, lawmakers let a ban on intoxicating hemp take hold after opponents failed to qualify a referendum for the ballot. In South Carolina, senators decided not to ban hemp THC outright, but to shove it into a much tighter retail box. And in Texas, regulators are about to take aim at one of the market’s hottest categories (smokable hemp and THCA flower) while leaving edibles standing under heavier restrictions and much higher costs.

That distinction matters. Too often, these stories get flattened into one generic “hemp crackdown” narrative, as if every state is doing the same thing with slightly different branding. They’re not. What’s happening instead is more revealing: states are choosing their own model for how much hemp they can tolerate, where they want it sold and which version of the market they’re willing to let survive.

Ohio chose the blunt instrument. South Carolina chose containment. Texas chose to go after smokables first.

Ohio

Ohio is the clearest example of a state deciding the intoxicating hemp experiment has gone far enough.

As reported by the Statehouse News Bureau, the campaign to block Senate Bill 56 fell short of the signatures needed to put the law before voters. That cleared the way for the measure to take effect on March 20, and outlets including the Ohio Capital Journal reported that the new law bans intoxicating hemp products, including THC and CBD beverages.

That is not some minor regulatory adjustment. It is a market reset.

The same Ohio law also changes the state’s voter-passed marijuana framework, but the hemp piece is what makes the message so unmistakable. This is what it looks like when lawmakers decide the loophole got too visible, too profitable and too hard to defend. Hemp operators and advocates quoted in local coverage warned that businesses would close, workers would lose jobs and consumers would be pushed either out of state or back into the unregulated market. The Ohio Capital Journal quoted hemp farmer Joey Ellwood saying roughly 6,000 Ohio businesses could be affected.

There is also litigation already in motion. A group of plaintiffs, including Saucy Seltzer and Uncle Arnie’s, filed suit in Franklin County seeking emergency relief, arguing they would face irreparable harm if the law took effect. Meanwhile, the beverage fight is still alive in another lane: companies, including Fifty West Brewing, challenged Gov. Mike DeWine’s line-item veto that stripped out language preserving some THC beverage sales. That fight matters because it shows how politically awkward the drink category has become. Lawmakers, regulators and governors increasingly seem willing to carve out drinks, kill drinks or box drinks in depending on what coalition is yelling loudest that week.

The larger point is simpler. Ohio did not just tighten the screws. It made a choice. It chose to treat intoxicating hemp less like a category that needed guardrails and more like a category it wanted gone.

South Carolina

South Carolina went in a different direction, and that difference is important.

Rather than try to wipe hemp THC off the map, the state Senate moved a compromise bill that keeps some products legal while sharply narrowing where they can be sold and under what conditions. According to The State and local TV outlet WLTX, senators ultimately agreed to allow certain low-dose THC beverages to remain on the market, but only under a much more restrictive retail structure.

The broad outline is this: drinks with 5 milligrams of THC or less could still be sold in places like grocery stores or gas stations, but they would need to be kept behind the counter and sold by businesses with the appropriate licenses. Stronger drinks and gummies would be pushed into liquor stores, and bars and restaurants would be shut out of on-premises sales. Marijuana Moment captured the basic posture well: this is not legalization in the broad retail sense, and it is not prohibition either. It is restriction, channeling and control.

That may sound more moderate than Ohio’s approach, and in some ways it is. But nobody should mistake it for laissez-faire. South Carolina lawmakers are still drawing a hard line around access, dosage, format and point of sale. They are telling the market, in effect, that hemp THC can stay, but only if it behaves itself and only if it starts looking a lot less like a convenience-store free-for-all.

It is a meaningful choice, too. South Carolina is not saying “no” to hemp. It is saying “not like that.”

And that may end up being the model a lot of other states try next, especially those that are uncomfortable with outright bans but equally uncomfortable with gummies and drinks being sold too widely, too casually or too visibly.

Texas

Then there is Texas, where the state is about to take a major swing at the smokable side of the hemp business.

As reported by KUT, new rules adopted by the Texas Department of State Health Services take effect on March 31 and effectively ban the sale of smokable hemp and extracts by changing the way THC is measured. The key move is that Texas will now count THCA in the total THC calculation, which cuts directly at the flower products that became wildly popular across the state.

That matters because THCA flower is not a side hustle. For many retailers, it is the business. KSAT reported that one San Antonio operator said 70% of their sales come from smokable products. Another business owner said shops centered on flower would likely shut down. And the pain does not stop with smokables. KUT also reported that the new rules impose steep annual fees — $5,000 per retail location and $10,000 per manufacturing facility — while the state has more than 9,100 registered retail locations selling consumable hemp products.

So Texas is not banning everything. Most edible hemp products remain legal under the new rules. But that does not make this a soft move. It is still a major restructuring of the market, one that takes out a huge category and makes the rest more expensive to operate. Businesses and advocates quoted in the coverage warned that the result could be exactly what we have now heard in state after state: more pressure on legitimate operators, less access for consumers and more room for the illicit market to step in.

Which is the irony baked into so much of this. States keep presenting these measures as efforts to create order. Sometimes they do create order. They also create shortages, closures, confusion and fresh opportunities for the people operating outside the rules entirely.

That is especially true when regulators go after the most popular products first.

The Bigger Picture

Put these three states side by side and the real story comes into focus.

This is no longer just a debate over whether the 2018 Farm Bill opened a loophole. That part is over. Everyone knows it did. The fight now is over what happens next: who gets to sell hemp THC, what kinds of products are politically survivable and whether states want a broad-access market, a tightly managed one or no meaningful intoxicating hemp market at all.

Ohio answered with prohibition. South Carolina answered with containment. Texas answered with a targeted strike on smokables and a heavier cost structure for what remains.

Same plant. Same legal mess. Three different futures.

And that may be the most important thing to understand right now: the hemp market is not heading toward one national outcome. It is being carved up state by state, ideology by ideology, category by category. Some lawmakers want it dead. Some want it domesticated. Some want it around, but only in the safest-looking packaging possible.

What none of them seem willing to do anymore is pretend they do not see it.

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This January, the Texas Department of State Health Services (DSHS) is considering a proposed ruling that could restrict the rights of Texans to access hemp products that they have come to rely on. Even after a similar ban was vetoed by the governor last year, new proposed regulations would effectively ban smokable hemp products entirely […]

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Reggie & Dro, San Antonio’s premier dispensary and social club, has top-quality hemp THCA flower so you can celebrate 420 in style.

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Bye-bye, Dry January. Millions of weed smokers say adios to winter’s worst with a breathtaking selection of lucky green across the USA and Canada this St. Patrick’s Day. Legalization in over 20 states offers ever more affordable alternatives to booze. The California outdoor is perfectly cured. Your favorite musician has a new strain.  Maryland has […]

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Including New Mexico’s biggest medical shop.

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Cannabis reform could arrive in nine states this year. Yet some remain far more likely than others to make it a reality.

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Including the Depp South’s biggest medical shop.

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