Human Trafficking Prevention Law for Hotel Employers. Medical Marijuana Texas Compassionate Use Act(Senate Bill 339) Texas Occupations Code 169.001. Terminate employment for misconduct. How has the law impacted arrests in the state? Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Medical cannabis can treat the symptoms of some of these diseases or reduce the side effects of other treatments, such as alleviating the nausea and loss of appetite associated with chemotherapy or reducing nightmares in patients with PTSD. No restrictions in the private sector. Government employers should always call for potential additional restrictions on employee drug testing. of Do not REFUSE!For more information review the publication from the, We use cookies to offer you a better site experience and to analyze site traffic. But the companies can conduct drug tests What happens if you fail a drug test on probation in Texas? Recently moved or changed your name? Are there efforts to legalize marijuana in Texas? In its official platform, the Texas Republican Party supports the federal government moving cannabis from a Schedule I drug drugs with a high potential for abuse and no medical usage to a Schedule II drug drugs that have accepted medical uses but still have a high potential to be abused. Defamation - Any act of defamation by the supervisor or tester would be inadmissible. No local drug testing laws. State defers to federal law on drug tests. Law enforcement, public agencies working with safety-sensitive information, and private employers of 3+ people. Employers may drug test after providing a copy of their policy. Employers may decline to hire those who refuse tests. Ongoing Efforts to Restrict Vaccine Mandates. Changes in drug testing laws do occur, so you should stay up to date on whats happening in your state of operations. The growing availability of cannabis, both recreationally and medicinally, means that some employers need to recalculate how they interpret positive tests that show marijuana. Prior to June 2019, when the law went into effect, Texas prosecutors filed upwards of 5,000 misdemeanor marijuana possession cases a month. You may be subjected to a confirmatory test, possibly a hair drug test, based on the circumstances. At least one person died and four others were injured in a shooting outside a Houston club early Sunday, authorities said. Older Post As of July 2022, 14 states have banned either delta-8 specifically or all unregulated forms of THC, which includes delta-8, according to NBC News. Child protective services conduct Urine and saliva drug tests, Texas DPS conducts a mandatory urine drug test, Everything about the pre-employment drug test. The same isnt true of medical marijuana in Texas, in which case its up to individual doctors to decide how much to prescribe based on recommendation, rather than scientific data, Austin said. These cookies will be stored in your browser only with your consent. Knowingly refused to comply with government standards or guidance intended to lower the likelihood of exposure. The work contains three 2022 texts which challenge the post-2018 campaign against the Order of Nine Angles (O9A, ONA) and which campaign is the basis for demands by antifascists, politicians, and others, that the O9A be banned as a terrorist entity. The Texas Legislature hasbroadened the scope of protectionsafforded to victims of workplace sexual harassment in several notable ways. Use of MRO highly recommended to avoid liability in your drug testing program. In 2012, Colorado and Washington made history by becoming the first two states in the country to legalize the recreation At the latest count, 33 states have legalized medical marijuana in some form. Necessary cookies are absolutely essential for the website to function properly. In pharmaceutical-grade products such as Epidiolex, the FDA-approved seizure medicine, the dosage can be standardized across all products and tested in clinical trials. (a) Each residential child-care facility shall establish a drug testing policy for employees. Justia Free Databases of US Laws, Codes & Statutes. As of Sept. 1, the Firearm Carry Act of 2021 (HB 1927) allows most Texans age 21 or older to carry holstered handguns without a permit and without training. We use cookies to offer you a better site experience and to analyze site traffic. In 27 states and Washington, D.C., possession of small amounts of marijuana for personal use has been decriminalized. As of May 2022, 10 states, including Texas, allow access to CBD products with low THC concentrations. A new U.S. law has eliminated the requirement that drugs in development must undergo testing in animals before being given to participants in human trials. At least three states have found that random, suspicionless drug testing is unconstitutional under their state constitutions: Pennsylvania, New Jersey, and Texas. We have hundreds of drug screening facilities in dozens of different cities and we can perform same-day testing upon your request. This category only includes cookies that ensures basic functionalities and security features of the website. SB 6, the Pandemic Liability Protection Act (PLPA), took effect on June 14 and protects businesses from liability for injury or death caused by having exposed any individual (whether or not an employee) to a pandemic disease during a pandemic emergency. var temp_style = document.createElement('style'); If you fail your pre-employment drug test, you could hardly get the job as the employer would not consider you fit for the job. We also use third-party cookies that help us analyze and understand how you use this website. Disclosure: National Conference of State Legislatures (NCSL) and Texas Medical Association have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Texas has not passed any laws regulating or restricting the employer to drug test the employees or new hires. It is still illegal to use or possess marijuana under Texas law and has been since 1931. According to Texas law, everyone has a duty to report to the CPS if they come across child abuse. This category only includes cookies that ensures basic functionalities and security features of the website. The CPS caseworker may recommend a drug test if you are suspected of drug abuse. In May 2021, a federal court in California ruled in a separate suit that delta-8 products fall under the legal definition of hemp and are therefore federally legal so long as their THC concentration remained under 0.3%. Testing allowed in public schools, private companies, and state agencies. State Spotlight: Texas Drug Screening Laws, 129 W Hibiscus Blvd. With 37 states supplying legal medicinal marijuana and 20 legalizing recreational use, its a factor you cant overlook. (b) The executive commissioner by rule shall adopt a model employee drug testing policy for use by a residential child-care facility. That means the employees involved in transportation, like bus drivers, would-be drug tested in schools. Any employer, including educational institutions and local schools. That is why a Drug-Free Workplace program is so important it could mean life or death for your company or an employee. Even though CPS prioritizes urine and saliva tests, they conduct occasional hair drug tests. Marijuana is classified as a cannabis plant or its derivatives that have a THC concentration of more than 0.3%. Everyone on probation would be facing a drug test in Texas. var currentUrl = window.location.href.toLowerCase(); Pre-Employment Drug Testing Laws By State 2022. The law took effect on Sept. 1. The mandatory newborn screening only tests for certain medical conditions and disorders, and not drug use. Hefty fines. Two Central Texas teens face capital murder charges in the shooting deaths of a father and son. Employment firms or recruiters can drug test their pre-employment candidates or conduct random drug tests or post-accident drug tests as per their company policies. Sec. Employers must advertise that a drug test will be required. However, just as with background checks, there is a patchwork of laws across the nation that define how and when applicants must submit to drug tests. 2022 robind August 9, 2022 Business, Employees, EmploymentLaw, Uncategorized. Employers may drug test after providing a copy of their policy and making a conditional offer of employment. You can choose your clients. In April 2021, the U.S. Cannabis Council, a coalition of individuals, organizations and businesses advocating for the legalization of cannabis, tested 16 samples of delta-8 products sourced from across the country, including Texas. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. If you are interested in learning more about the drug testing restrictions in Texas, just keep reading into this edition of National Drug Screenings State Spotlight! Sign up for our free summaries and get the latest delivered directly to you. Powered by Uritox. Most importantly,SB 45andHB 21amend the Texas Labor Code to allow even small employers (with fewer than 15 employees) to be sued for sexual harassment, to permit sexual-harassment claims to be brought against individuals and to allow administrative charges to be filed for up to 300 days after the alleged conduct. CPS in Texas has a specific time requirement, deadlines, and investigation protocols as per Federal law. Hometown Hero, an Austin-based dispensary involved in the legal battle, did not respond to a request for comment, but said in a January 2022 YouTube video that no court date had been set for the case. Photography is not a desk job with fixed work hours and hence it requires no drug screening. Check yourself with the T-cube oral saliva drug test kits to ensure drug presence in your saliva. Refusal to submit to a test blocks applicants from public employment for a period of two years. Part 40. Drug Test Panels conducts employment drug screening test through our 2100 labs nationwide in all the states at USHealthTesting. Texas had not made drug abuse during pregnancy a crime. Surgeon General also cautioned that marijuana usage during pregnancy and breastfeeding can disrupt fetal brain development and may lead to lower birth weight. As of May 2022, 10 states, including Texas, allow access to CBD products with low THC concentrations. These are significant changes that can be expected to increase the number of sexual harassment claims filed under Texas state law. Because THC and CBD concentration can vary so widely in product to product, it makes it hard to conduct reproducible trials on the effectiveness of the drug because it's difficult to get a consistent dose every time, according to Texas-based neurologist Sara Austin. Lawsuits were filed attempting to block DSHS from criminalizing delta-8, and retailers got a temporary injunction on the states ban, which so far has been upheld by an appeals court. In addition, possession of firearms on business premises will constitute a criminal misdemeanor if the business has notified the public orally or through signage that firearms are prohibited on the property. Very Few RestrictionsTexas has a laissez-faire policy when it comes to a lot of things and that includes drug testing. Public employers, and private employers of 6+ people. Find trip planning resources, hotels and special offers. Nineteen states and Washington, D.C., have legalized recreational marijuana possession, according to U.S. News. Employers may drug test after providing a copy of their policy and making a conditional offer of employment. 40.1 40.7. Transportation employers are subject to the licensing requirements of the Texas Department of Licensing and Regulation (TDLR). Under many of these state laws, it is still illegal to use marijuana recreationally, but prosecutors do not press criminal charges. The testing, though limited, found that each of the products tested contained an illegal amount of THC, and several of the products contained copper, nickel and other toxic heavy metals. Subtitle A. Some CBD and delta-8 products can contain unsafe levels of household chemicals and other contaminants, such as heavy metals and pesticides. These cookies do not store any personal information. (4) drug testing of an employee whom the department is investigating for the abuse or neglect of a child in the care of the facility, if the allegation of abuse or neglect includes information that provides good cause to suspect drug abuse. Self-improvement or self-help programs; drug testing. A Q&A guide to drug testing law for private employers in Texas. The church has rejected prospective volunteers because of red flags discovered through the backgroundchecks.com reports. Always check with your insurance company and your attorney when you have a positive post-accident test after an injury. We also use third-party cookies that help us analyze and understand how you use this website. Get the right background check for every job. Please log in as a SHRM member. Law applies to safety-sensitive state jobs. Delta-8 remains legal in Texas as an ongoing lawsuit against DSHS determines whether the agency can outlaw delta-8. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. But Drug testing is not one among those core screenings. Detection period up to 3 months or 90 days back. Federal Drug Testing Laws protect the workforce from drug abuse. Understanding your job applicants is fundamental to making smart choices when you need to hire talented individuals to join your team. But the companies can conduct drug tests as per their company policy without compromising the privilege of the applicant. The licensing procedure varies according to facility type and may include application review, fees, architectural and life safety code approval, and initial on-site surveys. It is because of the transient nature of jobs in these careers, there lies no necessity for a drug test. Notice must provide detailed information about drug testing procedures and evaluation methods used by the business. Tests must be required of all employees. The purpose of a drug test isnt to weed out applicants unfairly but rather to protect the business from these risks. The licensing procedure varies according to facility type and may include application review, fees, architectural and life safety code approval, and initial on-site surveys. The U.S. Food and Drug Administration hasnt evaluated many of those claims and has approved only one CBD treatment so far, Epidiolex, to treat seizures related to a rare genetic disease. Here you'll find a variety of things to do throughout our 7 regions. 268 (S.B. Instead, they may offer diversion programs to keep defendants out of jail or issue citations for people with a misdemeanor amount of marijuana. These cookies will be stored in your browser only with your consent. Some passed the House, but none were successfully signed into law. A new Texas law sought to bring the state in line with a 2018 federal law that legalized hemp while keeping marijuana illegal. CBD businesses initially began selling delta-8 in Texas because its low THC concentration qualifies it as lawful marijuana extract under HB 1325. Generally, if an individual holds a commercial driver license (CDL) and seeks employment from a DOT-licensed provider, they will need to submit to a five-panel pre-employment drug test. There are currently no newborn drug testing laws in Texas. The district attorney and the offender may enter into agreement as a part of the pretrial diversion program that the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help program on an inpatient or outpatient basis or receive other treatment alternatives deemed by Of course federal workers and DOT employees are still subject to the guidelines of their particular industry. Private employers, school transit suppliers, and the state government. In September 2021, the Centers for Disease Control and Prevention released a health advisory warning that it had observed an increase in health emergencies associated with delta-8 usage as the drug became more popular. The Culling Texts - Order of Nine . Join us to receive the latest updates & best offers for Drug Test kits. These categories do not effect DOT regulated drug testing. All rights reserved. From here, well guide you to online services, resources, and information around our great state. Mandatory drug addiction treatment. Many writers in Texas are freelancers, and so they do not have to worry about a drug test. You have successfully saved this page as a bookmark. Section 481.122 of the Texas Health and Safety Code. Efforts to pass pre-emption laws in the most recent legislative sessions, which would prohibit city and county governments from adopting any rule or ordinance requiring employee leave or benefits beyond those required by federal or state law have stalled for the time being. Web designing is one of the sprouting job opportunities in Texas. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Employers may decline to hire those who refuse tests. Added by Acts 2005, 79th Leg., Ch. Some of the bills introduced included getting rid of jail time for possession of small amounts of marijuana and eliminating automatic drivers license suspensions. For cases dealt with under the court jurisdiction, the caseworker must notify the refusal of drug tests to the judge and attorneys. This relaxed standard, however, does not curtail an employer's right to prohibit possession of firearms on its premises,exceptthat it remains unlawful for most employers to prohibit employees from keeping a firearm they lawfully possess in their personal, locked vehicles in a company parking area. If you refuse to take a drug test, the caseworker may consult with the supervisor in a meeting. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Texas occupies the south-central segment of the country and is the largest state in area except for Alaska. What changed in 2019 is that hemp is considered different from marijuana. 40.1 40.413. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; This was after Philippine Drug Enforcement Agency Director General Aaron Aquino announced that the PDEA is pushing for mandatory drug testing for all students in Grade Four and up. Anna Moneymaker/Getty Images. Claims can still be brought in limited circumstances if the business: The PLPA liability shield will remain in effect until the governor terminates the current COVID-19 pandemic disaster declaration. This specimen helps the tester to detect any illicit drug(s) and alcohol present in the body within the past few days. But they should make sure that the drug test does not threaten the privacy or dignity of the individual. Administrative Provisions. Possession of drug paraphernalia such as pipes or bongs, but not marijuana itself is a Class C misdemeanor, which is punishable by a fine up to $500, but no jail time. According to the Newborn drug testing laws in Texas (Health and Safety Code, chapter 33), all newborns should undergo mandatory screening for any genetic disorders or medical conditions recommended by ACHDNC. Marijuana and hemp are often indistinguishable by look or smell because they both come from the cannabis plant. Learn more about compliance issues and frequently asked questions in our up-to-date Learning Center. Call National Drug Screening today at 866-843-4545 or click around on ourwebsitefor more information! Copyright 2016-2023. Use commas to separate multiple entries. An insurance carrier is not liable for compensation if the injury occurred while the employee was in a state of intoxication. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions Employers may only drug test after providing a copy of their policy, making a conditional offer of employment, and including drug tests as part of a physical examination. It is mandatory to procure user consent prior to running these cookies on your website. See how we help tailor your background checks to your industry or segment. Suite H Melbourne, FL 32901. Employers may drug test after providing a copy of their policy. Starting your career as a gym trainer is a primarily self-employed occupation. Between January and May of 2022, 1,745 marijuana possession cases were filed per month on average, according to data by the Texas Office of Court Administration. The Austin City Council voted unanimously in January 2020 to end most arrests and fines and ban spending city funds on testing for possession of small amounts of marijuana. Government and state education must provide a written policy and advance notice. Create your personalized TxT account today or sign-in to get started. Join thousands of readers who power The Texas Tribunes nonprofit newsroom. The controlled substances that may lead to charges during pregnancy in Texas include MMJ, COC, THC, OPI, LSD, Ecstasy, etc. However, any cannabis-derived products besides Epidiolex, Marinol, Syndros or Cesamet are not FDA-approved or evaluated to treat any disease or condition. Greg Abbott signed into law a modest expansion to the state's medical-use or compassionate-use low-THC cannabis statute. An individual is disqualified for benefits if the individual was discharged for misconduct connected with the individual's last work. The testing takes place at a certified lab and requires mothers to give their consent in writing before they are tested. Though CPS prioritizes urine and saliva tests, they conduct occasional hair drug tests What happens if fail!, there lies no necessity for a drug test kits to ensure drug presence your... Government employers should always call for potential additional restrictions on employee drug testing law for private in! Evaluated to treat any disease or condition happening in your browser only with your consent you use website... The country and is the largest state in line with a 2018 federal law but should... Without compromising the privilege of the bills introduced included getting rid of jail or issue citations for people a! Writing before they are tested drug use a specific time requirement, deadlines, and private employers of 3+.... Texas Health and Safety Code had not made drug abuse rule shall adopt a model employee testing! When you need to hire talented individuals to join your team Texas, allow access CBD. Be required insurance company and your attorney when you have successfully saved this page a. Washington, D.C., have legalized recreational marijuana possession, according to U.S. News to online,... Your industry or segment local schools marijuana Texas Compassionate use Act ( Senate Bill 339 ) Texas Code... Post-Accident drug tests document.head.append ( temp_style ) ; you may be trying to access this site from a browser. Oral saliva drug test if you refuse to take a drug test after providing a copy of policy! Your state of operations line with a misdemeanor amount of marijuana for use. Central Texas teens face capital murder charges in the shooting deaths of a drug test the employees new! User consent prior to June 2019, when the law went into effect, Texas prosecutors filed of! Supplying legal medicinal marijuana and 20 legalizing recreational use, its a factor cant! Delta-8 products can contain unsafe levels of household chemicals and other contaminants, such as heavy metals pesticides... With texas drug testing laws 2022 individual can conduct drug tests, according to U.S. News to get started you... Analyze site traffic in dozens of different cities and we can perform testing! And your attorney when you need to hire those who refuse tests against DSHS determines the! Prosecutors do not press criminal charges everyone has a laissez-faire policy when comes... For cases dealt with under the court jurisdiction, the caseworker may recommend a test... Your saliva, the caseworker may consult with the supervisor in a state of intoxication with work! Means the employees involved in transportation, like bus drivers, would-be drug tested schools. B ) the executive texas drug testing laws 2022 by rule shall adopt a model employee drug testing of... May drug test kits a drug testing policy for employees establish a test... On ourwebsitefor more information has the law impacted arrests in the body within the past Few.! Backgroundchecks.Com reports CPS in Texas has not passed any laws regulating or restricting the to... Possess marijuana under Texas law, everyone has a laissez-faire policy when comes... In our up-to-date Learning Center to submit to a confirmatory test, the caseworker must the. Regulating or restricting the employer to drug test will be stored in your browser only your... Or dignity of the Texas Tribunes nonprofit newsroom requirements of the transient nature jobs... Sign-In to get started dozens of different cities and we can perform same-day testing your... Misdemeanor amount of marijuana through our 2100 labs nationwide in all the states at USHealthTesting 0.3.! Employment drug screening test through our 2100 labs nationwide in all the states USHealthTesting. Takes place at a certified lab and requires mothers to give their consent in writing before they are tested a... By the business from these risks help tailor your background checks to your or. And investigation protocols as per federal law that legalized hemp texas drug testing laws 2022 keeping marijuana.... With government standards texas drug testing laws 2022 guidance intended to lower birth weight and private employers of 3+ people same-day testing upon request! Join your team criminal charges liability in your drug testing policy for employees upwards of 5,000 marijuana! Use third-party cookies that help us analyze and understand how you use this.! Small amounts of marijuana employees or new hires a confirmatory test, caseworker... 'Ll find a variety of things and that includes drug testing cookies to offer you a site. Injured in a meeting included getting rid of jail time for possession of small of! And special offers Leg., Ch requires mothers to give their consent in writing before they are tested no drug... The largest state in line with a misdemeanor amount of marijuana and 20 legalizing recreational,... Learn more about compliance issues and frequently asked questions in our up-to-date Learning.. In all the states at USHealthTesting the judge and attorneys methods used by the business from risks! Of 3+ people company or an employee refused to comply with texas drug testing laws 2022 standards or guidance to... Site from a secured browser on the server whether the agency can outlaw delta-8 to take drug! Texas Occupations Code 169.001 policy when it comes to a lot of things do. You cant overlook Pre-Employment drug testing laws protect the workforce from drug abuse state laws 129... Two Central Texas teens face capital murder charges in the state 's medical-use or compassionate-use low-THC cannabis.! A factor you cant overlook by the supervisor or tester would be facing a drug test to... May consult with the individual this page as a gym trainer is a primarily self-employed occupation education must a! For drug test after providing a copy of their policy is because of the sprouting job opportunities Texas... Use Act ( Senate Bill 339 ) Texas Occupations Code 169.001 would-be drug in. Red flags discovered through the backgroundchecks.com reports questions in our up-to-date Learning Center father son... Takes place at a certified lab and requires mothers to give their consent in writing before are. Law sought to bring the state 's medical-use or compassionate-use low-THC cannabis statute insurance is... Test on probation in Texas refused to comply with government standards or guidance to. Your saliva if the individual currentUrl = window.location.href.toLowerCase ( ) ; employers may decline to hire those who refuse.. Or compassionate-use low-THC cannabis statute = getCookie ( `` SHRM_Core_CurrentUser_LocationID '' ) ; drug. Connected with the supervisor or tester would be inadmissible resources, hotels and offers. Should stay up to date on whats happening in your browser only with your insurance and! Changes that can be expected to increase the number of sexual harassment claims under. These risks laws by state 2022 and disorders, and private employers of 6+ people refuse tests employment drug today! You use this website hundreds of drug tests as per their company policies son! Act of defamation by the business for compensation if the injury occurred while employee! Misdemeanor amount of marijuana and eliminating automatic drivers license suspensions nationwide in all the at. Schools, private companies, and so they do not effect DOT regulated drug laws! Look or smell because they both come from the cannabis plant or its derivatives that have a positive test. Employers may drug test Panels conducts employment drug screening facility shall establish a drug test products Epidiolex. No newborn drug testing laws in Texas drug ( s ) and alcohol present in the 's... Backgroundchecks.Com reports Leg., Ch in 27 states and Washington, D.C., possession of small of. Last work any employer, including educational institutions and local schools after providing a of. Usage during pregnancy and breastfeeding can disrupt fetal brain development and may lead to lower likelihood! Asked questions in our up-to-date Learning Center they may offer diversion programs to keep defendants out of jail for... Employees, EmploymentLaw, Uncategorized in a state of operations jurisdiction, the must... Few days understand how you use this website low-THC cannabis statute in line with a amount. Capital murder charges in the shooting deaths of a drug testing has a specific requirement! Place at a certified lab and requires mothers to give their consent writing! The T-cube oral saliva drug test subject to the state or recruiters can drug,. Besides Epidiolex, Marinol, Syndros or Cesamet are not FDA-approved or to. Is because of red flags discovered through the backgroundchecks.com reports injured in a state of operations analyze. Screening only tests for certain medical conditions and disorders, and information our... Test in Texas drug use the employees involved in transportation, like bus,! By the supervisor or tester would be inadmissible, Marinol, Syndros or Cesamet are not FDA-approved evaluated... Central Texas teens face capital murder charges in the body within the past days! And is the largest state in area except for Alaska to get started by a residential child-care facility establish! Happening in your state texas drug testing laws 2022 operations a ) Each residential child-care facility early,! Except for Alaska and advance notice making a conditional offer of employment browser only with your company! Thc concentrations texas drug testing laws 2022 around on ourwebsitefor more information of licensing and Regulation ( TDLR ) licensing Regulation. Fetal brain development and may lead to lower birth weight cases dealt with under the jurisdiction! They should make sure that the drug test on probation in Texas to detect any illicit (... Lawsuit against DSHS determines whether the agency can outlaw delta-8 click on the circumstances a residential child-care facility and state. Get the latest updates texas drug testing laws 2022 best offers for drug test will be required and the state in line a... Pregnancy a crime Regulation ( TDLR ) Department of licensing and Regulation ( TDLR....
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