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Old 03-18-2012, 02:18 AM
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I found the article below when I was Googling "NSAC's rules on marijuana". There are quotes from Kizer about Nick's test results, and from Nick's lawyer.

If someone wouldn't mind explaining, what is the NSAC rule regarding "medical marijuana"? The article just mentions marijuana and metabolites. His lawyer seems to be making a case for marijuana vs. marijuana metabolites and use in competition vs. out of competition.

What is so hard about making the rules cut and dried regarding marijuana or any other illegal or banned substance like testosterone? If you're not going to allow them, then don't allow them period...don't make/give exemptions for any of them! And if you want to fight, get clean and stay clean.

Personally, I'm for medical marijuana for the terminally ill, or for patients going through the awful effects of cancer treatments, HIV, etc... I can't say whether or not Nick truly has an anxiety and/or attention deficit/hyper disorder that requires a drug, but I will say if he does and it's that bad he has to use marijuana, maybe he should pick a different profession where he doesn't have to worry about it. Same goes for Chael, Henderson, and anyone else who says they require testosterone replacement.

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http://mmajunkie.com/news/27858/foll...rijuana-rx.mma

Following NSAC challenge, lawyer says UFC's Nick Diaz didn't lie about marijuana RX - by Steven Marrocco on Mar 15, 2012 at 8:45 pm ET

A lawyer representing Nick Diaz said the Nevada Attorney General's office made a "very offensive" and "ridiculous" statement when Diaz was accused of lying on a pre-fight medical questionnaire prior to his fight with Carlos Condit at UFC 143.

Las Vegas-based lawyer Ross Goodman contends that Diaz's medical-marijuana card doesn't constitute a prescription.

So, he said, the fighter wasn't lying when he checked "no" on the part of the questionnaire asking whether he had taken or received any prescribed medications two weeks prior to his fight.

"The fact that they're falling back now on this is significant because you would think they would respond to the stuff that we argued in the response, which I think is basically irrefutable," Goodman told MMAjunkie.com (www.mmajunkie.com).

Goodman on March 7 responded to a complaint for disciplinary action against Diaz that was issued Feb. 8 when a post-fight drug test revealed the presence of marijuana metabolites. Diaz (27-8 MMA, 7-5 UFC) lost a unanimous decision to Condit (28-5 MMA, 5-1 UFC) in the headliner of UFC 143, which took place Feb. 4 at Mandalay Bay Events Center in Las Vegas. He subsequently said he he was retiring from competition after the pay-per-view event.

For now, Diaz is temporarily suspended pending a hearing scheduled for next month in Las Vegas, where he'll appear to face a possible yearlong suspension and fines. He also tested positive for marijuana following a 2007 win over Takanori Gomi at PRIDE 33. Diaz was suspended for six months for that offense, and the result of the bout was changed to a no-contest.

Rule 467.850 of the NSAC's administrative code bars the use of illicit substances such as performance-enhancing drugs and drugs of abuse, including marijuana. The commission also recognizes a list of substances prohibited in and out of competition by the World Anti-Doping Agency, or WADA.

Goodman's challenge stated that Diaz didn't violate the rules because he tested positive for an inactive metabolite of marijuana that isn't prohibited by the NSAC or by WADA. (On the WADA list, marijuana is not prohibited during out-of-competition periods.) Therefore, there was no basis to suspend and/or fine him, he said.

On Wednesday, Jennifer M. Lopez, the public-information officer for the Nevada Attorney General's office, wrote via email that "not only did Nick Diaz violate the law by testing positive for marijuana metabolites, but he also lied to the commission on his pre-fight questionnaire when he swore that he had not used any prescribed medications in (the) two weeks before the fight."

Goodman, however, said Diaz's omission isn't admissible because he didn't fill out the paperwork under penalty of perjury.

"In order for you to have a false official statement, it has to be sworn to," Goodman said. "It has to be under oath. If you found something contradictory in an affidavit that is sworn to under penalties of perjury, then that's where you really have a claim of false official statement. Here, you have none of that. You have a one-page, pre-printed questionnaire that was simply signed. There was no witness to attest to it, it wasn't done under penalty of perjury, (and) it wasn't sworn to.

"The second issue, which is really the main issue, is that he was truthful in responding to that question. He didn't take prescription medications in the last two weeks (prior to the fight)."

A key point of contention, he said, is the attorney general's implication that Diaz has a prescription for medical marijuana.

"The way that you become a medical marijuana patient is ... that you have a doctor," Goodman said. "A doctor doesn't prescribe to you marijuana. A doctor recommends that that would be an approved use for whatever diagnosis somebody has. In [Diaz's] case, [attention deficit hyperactivity disorder]. So nowhere is there an actual prescription for marijuana. It would be illegal for any doctor to prescribe marijuana."

Yet in his challenge to the NSAC, Goodman cites a statute originally intended to address driving that defines a prohibited substance as any for which a person doesn't have a "valid prescription." And in previous interviews, Diaz's manager, Cesar Gracie, has said Diaz carries a prescription for medical pot.

The NSAC oversees two tests on two separate samples when it conducts a pre- or post-fight test for illicit drugs such as marijuana. The initial test confirms the presence of all marijuana metabolites, which are prohibited in-competition, and a second, or "confirming" test, that "specifically identifies and quantifies the carboxylic acid metabolite of THC (Delta-9-Tetrahydrocannabinol)," according to Dr. Barry Sample, director of science and technology for Quest Diagnostics, which conducts drugs-of-abuse and performance-enhancer tests for the commission.

The levels of all marijuana metabolties in Diaz's system were above an acceptable limit of 50 nanograms on his first test, according to NSAC Executive Director Keith Kizer, and 10 nanograms above an acceptable limit of 15 nanograms of the carboxylic acid metabolite on the second test. The second test is designed to confirm the use of marijuana, which can be detectable in a person's urine more than 30 days after its use.


Goodman, however, believes it's unlawful for the NSAC to punish Diaz for a substance that isn't prohibited out-of-competition by WADA. He said Diaz stopped using marijuana eight days prior to the UFC 143 and therefore wasn't abusing the drug in-competition. He said a therapeutic-use exemption does not apply to Diaz because he doesn't need the drug to fight.

"We're just not here for the hell of it, right?" he asked. "We're just not ... playing semantics; it's marijuana vs. marijuana metabolites, in-competition, out-of-competition. There has to be reasons for this. The reason is because you don't want a professional athlete to create a safety issue for himself, and the only way that could happen, arguably, is if he's under the influence of marijuana."

Kizer said that safety is precisely the reason commissions ask fighters about prescription or over-the-counter drug use prior to a fight – to avoid any complications resulting from possible post-fight treatment.

Goodman would dispute the idea that Diaz's marijuana use could potentially cause problems – to say nothing of its effect on his performance during the fight.

"Well, we know that he stopped legally using marijuana eight days before the fight," he said. "We know from all medical and scientific journals out there that's not refuted that the psychoactive effects of the active ingredient of THC is gone within two hours or six hours. So nobody can sit here and say there was a safety issue eight, nine days later in competition, nor would it make sense that somebody that trains the way that Nick does would want to somehow impede their performance by being under the influence of marijuana. We're not even talking about that.

"So what are we talking about? I don't think the Nevada State Athletic Commission knows how to address that issue now because we brought the actual rules to light. So now I think that they're first reaction was, 'Well, shoot, we do have some potential issues,' so what else can we say was wrong here? Oh, there was a pre-fight medical questionnaire that's asking for prescription medication? That was untruthful.'

"Maybe instead of attacking him and blaming him for something that's completely ridiculous, they should have a special category (on the questionnaire) that says, 'Are you a medical-marijuana patient?'"
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Old 03-18-2012, 05:26 AM
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Originally Posted by Bonnie View Post
I found the article below when I was Googling "NSAC's rules on marijuana". There are quotes from Kizer about Nick's test results, and from Nick's lawyer.

If someone wouldn't mind explaining, what is the NSAC rule regarding "medical marijuana"? The article just mentions marijuana and metabolites. His lawyer seems to be making a case for marijuana vs. marijuana metabolites and use in competition vs. out of competition.

What is so hard about making the rules cut and dried regarding marijuana or any other illegal or banned substance like testosterone? If you're not going to allow them, then don't allow them period...don't make/give exemptions for any of them! And if you want to fight, get clean and stay clean.

Personally, I'm for medical marijuana for the terminally ill, or for patients going through the awful effects of cancer treatments, HIV, etc... I can't say whether or not Nick truly has an anxiety and/or attention deficit/hyper disorder that requires a drug, but I will say if he does and it's that bad he has to use marijuana, maybe he should pick a different profession where he doesn't have to worry about it. Same goes for Chael, Henderson, and anyone else who says they require testosterone replacement.

Decide what matters most to you!
The NSAC works in accordance with the policies of the World Anti Doping Agency (WADA) as it pertains to banned substances. WADA does not prohibit the use of marijuana outside of competition, which basically means that they don't care if somebody uses marijuana just so long as they aren't under the effects of it while they are actually competing. Yes, the NSAC has it's own list of "Prohibited Substances" but his lawyer is arguing is that Nevada state law specifically exempts marijuana as a banned substance for legal users.

Testosterone replacement is an entirely different issue because it's a legit performance enhancer that can give a person an unfair advantage and it can also be used as a loophole after years of steroid abuse. These things have to be looked at on a case by case basis for that very reason. There are lots of "banned" substances that athletes are still allowed to use to a certain extent. Marijuana is viewed by most people as a recreational drug, similar to alcohol. Imagine how silly everybody would think this is if the story was "Nick Diaz drank beer 8 days before the fight". I doubt very many people would call for him to be fined and suspended for a year. However, he could have potentially quit smoking a month before the fight and still tested positive because traces of marijuana can stay in your system for months, especially for a long time user like Nick. Weather anybody believes he smokes pot for ADD or just think he likes to smoke isn't really the issue here as much as the legality of it. For Nick it's probably also about the principle of it. The first time he tested positive Keith Kizer talked a bunch of crap in the media about how he believed it gave Nick an advantage to win the fight against Gomi, which is complete and utter nonsense. So, I don't blame Nick one bit for getting a lawyer and trying to argue with the commission on this one. I'm not sure it's gonna work, but you can't blame him for trying.

I get what you are saying though about not allowing any exemptions, and on paper it seems nice but I don't think it's totally realistic, especially from the commissions side. Now, organizations like the UFC have the power to implement their own set of standards along with the commissions (similar to the WWE's wellness policy) and I believe I read not too long ago that the UFC is working on doing just that, but only time will tell.
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Old 03-18-2012, 07:10 AM
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Originally Posted by J.B. View Post
The NSAC works in accordance with the policies of the World Anti Doping Agency (WADA) as it pertains to banned substances. WADA does not prohibit the use of marijuana outside of competition, which basically means that they don't care if somebody uses marijuana just so long as they aren't under the effects of it while they are actually competing. Yes, the NSAC has it's own list of "Prohibited Substances" but his lawyer is arguing is that Nevada state law specifically exempts marijuana as a banned substance for legal users.

Testosterone replacement is an entirely different issue because it's a legit performance enhancer that can give a person an unfair advantage and it can also be used as a loophole after years of steroid abuse. These things have to be looked at on a case by case basis for that very reason. There are lots of "banned" substances that athletes are still allowed to use to a certain extent. Marijuana is viewed by most people as a recreational drug, similar to alcohol. Imagine how silly everybody would think this is if the story was "Nick Diaz drank beer 8 days before the fight". I doubt very many people would call for him to be fined and suspended for a year. However, he could have potentially quit smoking a month before the fight and still tested positive because traces of marijuana can stay in your system for months, especially for a long time user like Nick. Weather anybody believes he smokes pot for ADD or just think he likes to smoke isn't really the issue here as much as the legality of it. For Nick it's probably also about the principle of it. The first time he tested positive Keith Kizer talked a bunch of crap in the media about how he believed it gave Nick an advantage to win the fight against Gomi, which is complete and utter nonsense. So, I don't blame Nick one bit for getting a lawyer and trying to argue with the commission on this one. I'm not sure it's gonna work, but you can't blame him for trying.

I get what you are saying though about not allowing any exemptions, and on paper it seems nice but I don't think it's totally realistic, especially from the commissions side. Now, organizations like the UFC have the power to implement their own set of standards along with the commissions (similar to the WWE's wellness policy) and I believe I read not too long ago that the UFC is working on doing just that, but only time will tell.
I think it's BS they can't get some concrete rules down regarding all this stuff, including medical exemptions, lay it out, clear and concise, and what the consequences will be if a fighter breaks the rules or doesn't follow the protocol for a medical exemption.

It does tick me off that these guys are able to use a loophole with the testosterone especially if they were using steroids. I feel like they created their own situation so they should have to lump it and not be allowed to fight as long as any trace is in their system.

As for Nick, I get the feeling with him too that he's taking advantage of this "medical marijuana" rule California allows. I also get the feeling that he doesn't give a rat's @$$ about the rules and to hell with any consequences...until they come back to bite him. I don't fault him for trying to fight it, but at the same time, he makes it hard to feel for him.

I think as long as they allow medical exemptions, they open the door for people to work or game the system.
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Old 03-18-2012, 05:06 PM
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I think it's BS they can't get some concrete rules down regarding all this stuff, including medical exemptions, lay it out, clear and concise, and what the consequences will be if a fighter breaks the rules or doesn't follow the protocol for a medical exemption.
They do lay it out pretty clearly, but guys are given a chance to present their argument in front of the commission. We wouldn't just throw somebody in prison for a year without giving them their day in court, it's no different here and I don't have a problem with that part of it.

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It does tick me off that these guys are able to use a loophole with the testosterone especially if they were using steroids. I feel like they created their own situation so they should have to lump it and not be allowed to fight as long as any trace is in their system.
Not every guy that uses TRT abused steroids, but it's a definite loophole. I'm not totally against guys using it if they need it, but it's a grey area. First off, it's hard to monitor so these guys can abuse it during training allowing them to train harder and recover quicker. The second part of it comes down to older men using it to try and compete with younger competition, and again that is a grey area, but I personally don't agree with guys using it just for that reason. If you are old, retire.

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As for Nick, I get the feeling with him too that he's taking advantage of this "medical marijuana" rule California allows. I also get the feeling that he doesn't give a rat's @$$ about the rules and to hell with any consequences...until they come back to bite him. I don't fault him for trying to fight it, but at the same time, he makes it hard to feel for him.
Yeah, he probably is, but then again so is about 99% of the people using "medical marijuana". Personally, I have no problem with that because marijuana laws are draconian and the politicians who support them are asshats. Take Arizona for instance, getting caught with even the smallest amount of pot is actually a felony unless you have a medical card. A FELONY, are you serious? However, if I get drunk and smash my car into a cactus that's simply a fine and loss of my driver's license (in fact, you would probably be in more trouble for smashing the cactus than the DUI since they are protected by environmentalists). How is it fair to make somebody a convicted felon for a little bit of pot when drunk drivers get off with a fine and essentially a slap on the wrist? I wonder if the alcohol companies have any lobbyists in Washington? It's funny because conservatives love to preach about smaller government and states rights, but as soon as the state disagrees with what they think they get butthurt. The state of Arizona voted to legalize medical marijuana, and Jan Brewer got her old panties in such a bunch that she took it all the way to the supreme court (and lost). However, when the whole country was blasting Arizona for SB-1070, Brewer would reply "the people of Arizona have spoken".

I wouldn't say Nick "doesn't care" about following the rules, because he's clearly passed his tests many times, he just made a mistake. We are talking about trace amounts of weed in his system, it's not like he came walking out to the cage smoking a bong. When he failed the first time, he took his punishment and moved on. This time he is fighting back and rightfully so in my opinion. Why should he stand by and let Kizer and the commission continue to poison people's opinions by suggesting that trace amounts of marijuana in a fighters system is either a performance enhancer or a safety concern. Sure, he'll probably lose the appeal because the commissions are a joke, but at least it sheds some light on the ignorance surrounding this topic.

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I think as long as they allow medical exemptions, they open the door for people to work or game the system.
You have a point to a large degree, but ultimately people are gonna work the system no matter what. There are new drugs and methods being designed and hitting the market all the time that stay one step ahead of the people trying to catch them. One way to cut a lot down in my opinion would be to implement a true WADA style form of testing that is year round, completely random, and involves blood. However, if we were to remove ALL types of medical exemptions you would probably see the pool of available fighters at any given time decrease to some degree.

Last edited by J.B.; 03-18-2012 at 05:18 PM.
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Old 03-18-2012, 09:40 PM
Bonnie Bonnie is offline
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They do lay it out pretty clearly, but guys are given a chance to present their argument in front of the commission. We wouldn't just throw somebody in prison for a year without giving them their day in court, it's no different here and I don't have a problem with that part of it.



Not every guy that uses TRT abused steroids, but it's a definite loophole. I'm not totally against guys using it if they need it, but it's a grey area. First off, it's hard to monitor so these guys can abuse it during training allowing them to train harder and recover quicker. The second part of it comes down to older men using it to try and compete with younger competition, and again that is a grey area, but I personally don't agree with guys using it just for that reason. If you are old, retire.



Yeah, he probably is, but then again so is about 99% of the people using "medical marijuana". Personally, I have no problem with that because marijuana laws are draconian and the politicians who support them are asshats. Take Arizona for instance, getting caught with even the smallest amount of pot is actually a felony unless you have a medical card. A FELONY, are you serious? However, if I get drunk and smash my car into a cactus that's simply a fine and loss of my driver's license (in fact, you would probably be in more trouble for smashing the cactus than the DUI since they are protected by environmentalists). How is it fair to make somebody a convicted felon for a little bit of pot when drunk drivers get off with a fine and essentially a slap on the wrist? I wonder if the alcohol companies have any lobbyists in Washington? It's funny because conservatives love to preach about smaller government and states rights, but as soon as the state disagrees with what they think they get butthurt. The state of Arizona voted to legalize medical marijuana, and Jan Brewer got her old panties in such a bunch that she took it all the way to the supreme court (and lost). However, when the whole country was blasting Arizona for SB-1070, Brewer would reply "the people of Arizona have spoken".

I wouldn't say Nick "doesn't care" about following the rules, because he's clearly passed his tests many times, he just made a mistake. We are talking about trace amounts of weed in his system, it's not like he came walking out to the cage smoking a bong. When he failed the first time, he took his punishment and moved on. This time he is fighting back and rightfully so in my opinion. Why should he stand by and let Kizer and the commission continue to poison people's opinions by suggesting that trace amounts of marijuana in a fighters system is either a performance enhancer or a safety concern. Sure, he'll probably lose the appeal because the commissions are a joke, but at least it sheds some light on the ignorance surrounding this topic.



You have a point to a large degree, but ultimately people are gonna work the system no matter what. There are new drugs and methods being designed and hitting the market all the time that stay one step ahead of the people trying to catch them. One way to cut a lot down in my opinion would be to implement a true WADA style form of testing that is year round, completely random, and involves blood. However, if we were to remove ALL types of medical exemptions you would probably see the pool of available fighters at any given time decrease to some degree.

I don't get why guys want to take such chances with their health/lives using steroids in the first place. I didn't mean to come across as such a hard case; I do realize there are guys who legitimately need testosterone replacement. I'm just not so sure about some of these guys!

And, I'm all for being fair, for people being able to fight an unfair charge against them. It would be nice to know that the fighter is on the up and up and has a legitimate claim.

The commission sometimes reminds me of our government and politicians, useless and a lot of hot air.
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Old 03-19-2012, 12:59 AM
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I don't get why guys want to take such chances with their health/lives using steroids in the first place. I didn't mean to come across as such a hard case; I do realize there are guys who legitimately need testosterone replacement. I'm just not so sure about some of these guys!

And, I'm all for being fair, for people being able to fight an unfair charge against them. It would be nice to know that the fighter is on the up and up and has a legitimate claim.

The commission sometimes reminds me of our government and politicians, useless and a lot of hot air.
I don't think you came across hard at all. It's a very legitimate gripe, and it's no secret that people are taking advantage of the system in numerous ways. Like I said, there is just a lot of grey areas when it comes to this stuff and people have a lot of varying opinions. It really is a giant can of worms.
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Old 03-19-2012, 03:44 AM
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I don't think you came across hard at all. It's a very legitimate gripe, and it's no secret that people are taking advantage of the system in numerous ways. Like I said, there is just a lot of grey areas when it comes to this stuff and people have a lot of varying opinions. It really is a giant can of worms.
You're right!

Humans = lot of grey areas = GIANT can of worms!
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Old 03-19-2012, 02:21 PM
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Rule 467.850 of the NSAC's administrative code bars the use of illicit substances such as performance-enhancing drugs and drugs of abuse, including marijuana. The commission also recognizes a list of substances prohibited in and out of competition by the World Anti-Doping Agency, or WADA.

sounds like the NSAC covers both wada list and their own list and name drugs of abuse ... since nick didn't mention it on the form and tested positive, he shot himself in the foot ...

but this plays right into nicks "i don't care" attitude ... he's created this nice "under-achiever" status which he plays up to nicely .. condit beats him and he cries and retires .. LOL ...
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Old 03-19-2012, 03:22 PM
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Rule 467.850 of the NSAC's administrative code bars the use of illicit substances such as performance-enhancing drugs and drugs of abuse, including marijuana. The commission also recognizes a list of substances prohibited in and out of competition by the World Anti-Doping Agency, or WADA.

sounds like the NSAC covers both wada list and their own list and name drugs of abuse ... since nick didn't mention it on the form and tested positive, he shot himself in the foot ...

but this plays right into nicks "i don't care" attitude ... he's created this nice "under-achiever" status which he plays up to nicely .. condit beats him and he cries and retires .. LOL ...
Correct me if I am wrong, but I believe the NSAC also changed it's rules to coincide with Nevada state law in regards to "medical marijuana" by omitting marijuana metabolites for legal users.

I have to ask, no matter what you think of the semantics or Diaz in general, do you think that a fighter smoking pot a week before the fight enhances their performance or endangers the safety of the fighters?
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Old 03-19-2012, 04:43 PM
rearnakedchoke rearnakedchoke is offline
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Correct me if I am wrong, but I believe the NSAC also changed it's rules to coincide with Nevada state law in regards to "medical marijuana" by omitting marijuana metabolites for legal users.

I have to ask, no matter what you think of the semantics or Diaz in general, do you think that a fighter smoking pot a week before the fight enhances their performance or endangers the safety of the fighters?
i don't think smoking weed a week in advance of a fight poses a threat ... but i don't know what the 50 nanogram rating is based on? in your system? per what? i know some states have determined that 5 nanograms/mL of thc in your blood is enough to prove you were impaired .. so i'd like to know what diaz' rating was ...
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