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Indy Explains: What is the status of cannabis rescheduling in Nevada? – The Nevada Independent

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Indy Explains: What is the status of cannabis rescheduling in Nevada? – The Nevada Independent


Officials with the Cannabis Compliance Board (CCB) are preparing to study rescheduling cannabis in Nevada to align with the Biden administration’s recommendation that seeks to lower its federal drug classification from Schedule I to Schedule III — a recommendation that’s part of the president’s stated goal to reform marijuana policy. 

The group has convened three times since the announcement in late August — inviting litigators and policy experts, who have worked for federal regulatory agencies, to shed light on what may come. The advisory subcommittee decided to pursue a state-level examination focused on the potential effects of cannabis becoming a Schedule III drug in Nevada, even though some advocates want to study a more sweeping policy — removing cannabis from the federal drug list altogether. 

Schedule I is the most scrutinized drug classification category and includes heroin, LSD, peyote, methylenedioxy-methamphetamine and ecstasy. Schedule III substances, which have been accepted as medicinal and are deemed less likely to be abused, include ketamine, anabolic steroids, testosterone and products containing less than 90 milligrams of codeine per dosage unit. 

Only one thing is guaranteed to change for the commercial cannabis industry between the two scheduling classifications. Tax benefits.

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According to Layke Martin, the executive director of the Nevada Cannabis Association, cannabis businesses, because they are federally illegal, currently pay an effective tax rate of as much as 74 percent, compared with alcohol businesses, which pay 21 percent or less. The businesses are ineligible for certain federal tax deductions — including advertising, wage and salary and travel write-offs — as long as cannabis is Schedule I.

Those formerly convicted of cannabis charges, patients and industry professionals pushed back against the commission’s priorities, preferring a focus on descheduling. Descheduling means cannabis is removed from the controlled substances list, which Congress created in 1970 to “regulate the manufacturing, distributing, importing/exporting, and use of regulated substances.”

During the public meetings, proponents of descheduling said they feared that the focus on simply downgrading marijuana’s ranking on the controlled substances list rather than taking it off the list altogether could lead to policy recommendations that would walk back the state’s progress in cannabis legalization. 

They also voiced concerns that rescheduling could open the doors to pharmaceutical giants that would uproot cannabis culture, intensify “corporate cannabis” and fail to address harm and racial disparities from decades of the so-called war on drugs.

“I understand the discussion on rescheduling for federal, but Nevada has spent decades working with laws and regulations outside of federal,” said Jason Greninger, a member of the cannabis trade organization Chamber of Cannabis, told a CCB advisory subcommittee on Sept. 15. “So the state has already determined that it is descheduled by constitution.”

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The committee was mandated to study federal and state laws and regulations concerning the removal of cannabis from Schedule I through SB277, which was passed in the 2023 legislative session. They are required to have a report ready for the Legislature by March 2024 that includes their research findings and policy recommendations.

Criminal penalties still exist for unlawful possession of cannabis, with repercussions based on the amount involved and proof of purchase or agent card. Those will remain in some form as long as cannabis remains scheduled by the Controlled Substances Act.

“I know there are some folks who think the state’s discussion [about descheduling] is more important,” said Sen. Dallas Harris (D-Las Vegas), who sponsored SB277. “And then some folks think the federal discussion is more important … but they’re both going to impact the industry in different ways.”

Nevada’s path to cannabis decriminalization 

Medicinal cannabis use was legalized in Nevada in 2000, followed by laws allowing for medical dispensaries in 2013 and a 2016 ballot measure legalizing recreational use.

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The emergence of the legal cannabis industry in Nevada has continued even as the federal prohibitions stayed in place.

Cannabis was descheduled in Nevada last fall after advocates won a lawsuit against the Nevada Board of Pharmacy that required the agency to remove the substance from the felony drug list, but the pharmacy board appealed to the Supreme Court, asking to maintain the status quo.

According to Brett Kandt, general counsel at the Nevada Board of Pharmacy, the governing body “retains the authority to schedule marijuana” because the Nevada Supreme Court issued a stay of the district court’s order while the appeal is pending. Kandt said that means cannabis is Schedule I until a ruling from a judge.

During the 2023 legislative session, lawmakers passed Assembly Joint Resolution No. 8 that urged Congress to deschedule cannabis nationally. If cannabis is descheduled, it would no longer be governed under the Controlled Substances Act, modeling the 2016 ballot measure that voters approved. The initiative called for cannabis to be regulated in a manner similar to alcohol in Nevada.

A private citizen was the sole opposition to the resolution during a hearing, citing federal warnings about marijuana’s health side effects.

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Cannabis plants as seen inside Jordon Herring’s home in Las Vegas on Tuesday, April 11, 2023. (Daniel Clark/The Nevada Independent)

A long route to rescheduling

Shane Pennington, an appellate lawyer who focuses on regulatory litigation, told members of the rescheduling subcommittee that historically it takes at least 9.2 years to reschedule a substance. But according to Pennington, the process for cannabis is off to a speedy start.

“From the time of the initial request to Health and Human Services [from Biden] to a recommendation being transmitted to the DEA, [which] normally takes around two and a half years on average … we are beating that historical record by more than 50 percent,” he said.

Pennington said that from a high level, the next step falls on the DEA conducting its own analysis on the federal scheduling of cannabis. He said it is unlikely that the DEA would move beyond the recommendations of the Department of Health and Human Services (DHHS) and that the DEA would lose jurisdiction over cannabis if it were descheduled completely.

“But what would not change is that the Food and Drug Administration (FDA) … would still have jurisdiction over cannabis because cannabis qualifies as a drug under the Federal Food, Drug and Cosmetic Act,” Pennington said. “Because the FDA would suddenly be sort of without its partner — the DEA — sort of sharing federal jurisdiction over this very controversial nebulous area of law, now would be all by itself.”

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He said if the DEA aligns with DHHS, then drug officials will propose a new rule in the Federal Register to reclassify cannabis as a Schedule III substance. If that happens, Pennington said it would kick off a 60-day public hearing period where people can request to go on record before an administrative law judge.

“They’re like many trials where you present evidence, cross examine witnesses and raise objections to the proposed rule,” he said of the public hearings.

Pennington said once the trials and public hearings conclude, all of the information is recorded and given to the DEA “to resolve any lingering objections or issues that came up.” The agency will weigh in on the findings from trials and public comment and make its final decision regarding cannabis scheduling.

Pennington said once the DEA publishes the ruling to the Federal Register, that a 30-day delay will be in effect before it’s public. He said during that time, “anyone who believes that they were aggrieved by the final rule has 30 days to seek judicial review.”

Effects on state-regulated cannabis businesses

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At a commission meeting on Sept. 29, Howard Sklamberg, the top enforcement official at the FDA, said rescheduling wouldn’t have “a tremendous effect” on how states operate cannabis marketplaces — besides changes in tax burdens and possibly increased access to banking.

Sklamberg said even though cannabis is an illegal substance under FDA statute, that the agency “has not done enforcement in this space and that there’s no reason to think that it will.” 

He said the FDA has not interfered with states overseeing legal cannabis businesses for decades, and that states can choose how to change their programs if scheduling changes.

“Is the FDA going to go in and inspect or enforce things [if cannabis is reclassified]?” Sklamberg said. “I think it will not, just as it is not now.”



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7 Perfect Destinations for a Long Weekend in Nevada

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7 Perfect Destinations for a Long Weekend in Nevada


When people think of this unique state, they often only picture Las Vegas, gambling, and nightlife, but there’s so much more! Nevada is the 7th largest state and is also known for its rocky mountains, mining history, and iconic desserts. It gets its name from “Sierra Nevada,” which translates to “snow-covered mountains” due to there being 314 named mountain ranges. This state was founded in 1864 during The Civil War and is nicknamed “Silver State” as it is considered the second-largest producer of silver. Come spend one of your long weekends in one of these picturesque towns!

Elko

View of the Chilton Centennial Tower in Elko.

With a population of 20,500, this vacation spot gives visitors a chance to experience city living while still having stunning nature views. Whitecap mountains surround the town and give it picturesque scenery. Start your first day off by walking around the elaborate city and visiting the Northeastern Nevada Museum to learn about the local history and wildlife and to see some art exhibits. Spend the next day immersing yourself in nature and hiking part of The Ruby Crest Trail or part of the Ruby Mountains, which is a remote wilderness hiking experience located in the Humboldt-Toiyabe National Forest. This is one of the most popular trails located around Elko and features rocky mountains overlooking lakes. On your way to this trail, stop by the South Fork State Recreation Area to see views that will ingrained in your memory forever.

On the last day, head over to the Western Folklife Center to learn about cowboys, their history, and the American West. Afterward, stop by the Riparian Hot Spring to soothe the muscles and experience naturally warm waters and a peaceful atmosphere. This spot is great for individuals looking to experience ultimate relaxation with being enveloped in the sounds of nature. Stay at the Rodeway Inn Elko Downtown Area for only $50 a night or the Hampton Inn Elko for $103 a night.

Boulder City

Cafe and restaurant center of Boulder City. Editorial credit: Laurens Hoddenbagh / Shutterstock.com
Cafe and restaurant center of Boulder City. Editorial credit: Laurens Hoddenbagh / Shutterstock.com

Only 26 miles from the most popular city in Nevada, known as Las Vegas, this spot is perfect for individuals still wanting to be around the bustling scene but wanting to experience a small-town feel. With only a population of 14,000, this city features rows of historic homes, a historic district, and constant scenery of red rocky mountains. Upon arrival, head over to the north end of the city to visit the overlook points known as the Mountain View and Lake Mead View Point. This shows a breathtaking view of forests, rocky mountains, deserts, lakes, and unique formations.

During your visit, stop by two excellent museums that are offered in the area. The Nevada State Railroad Museum has donated trains from the famous Virginia and Truckee Railroad. You can even take a 45-minute train ride! The Boulder City-Hoover Dam Museum is free to enter and tells the story of the men and women who braved the desert to build Hoover Dam and settle Boulder City. Both of these museums are essential when visiting. For hiking and to see the incredible sandy landscapes, check out the Bootleg Canyon Park Trailhead, River Mountain, or the Historic Railroad Hiking Trail. To relax, Boulder Beach and Goldstrike Hot Spring are essentials! After packed-filled days, head back to the Boulder Dam Hotel for around 100 dollars a night!

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Winnemucca

Winnemucca, Nevada, USA. Editorial credit: Cloud Cap Photography / Shutterstock.com
Winnemucca, Nevada, USA. Editorial credit: Cloud Cap Photography / Shutterstock.com

This town was named after Chief Winnemucca, who was a part of the Northern Paiute Tribe and a war chief and translates to “one moccasin” (since he always had one shoe on) or “The Giver” due to his daughter’s participation in advocating for fair treatment. Most tourists travel to this town to hike Winnemucca Mountain, which has an elevation of 6,760 feet and an out-of-this-world view. Travel only 10 mins outside of the city to visit the Winnemucca Sand dunes or 20 mins to the Water Canyon Recreation Area for hiking. Stop by the free modern brick building known as The Humboldt Museum to see remains from the ice age 13,000 years ago, art, vintage automobiles, and to learn about the history of American Indians and mining. End the day at the Econo Lodge Inn and Suites for only 52 dollars a night!

Baker

Entrance Sign at Great Basin National Park, Nevada.
Entrance Sign at Great Basin National Park, Nevada.

This very small town is close to the Utah border and is the last stop before the “Loneliest Road in America,” which is a 408-mile-long highway of complete isolation. Baker is ideal for individuals looking to go on a nature retreat! Only 5 miles from the entrance of the well-known Great Basin National Park, this town attracts a lot of people looking to explore all parts of this unique park. Hike one of the four mountain peaks with 360 views (or all if you’re up for the challenge) that includes Wheeler Peak (elevation of 13,000), Pyramid Peak (elevation of 12,000 feet), Lincoln Peak (elevation of 11,600) or Granite Peak (elevation of 11,218). Stop at the Lehman Caves and take a guided tour to see more than 300 rare and unique shield formations. While there, check out the Mather Overlook to view white cap mountains from the ground.

Take a drive through the Wheeler Peak Scenic Drive to view the world’s oldest trees, which are nearly 5,000-year-old bristlecone pines. Lastly, take a walk to view the Lexington Arch, which is made of limestone and created by strong weather forces that have been working for centuries. Stay at the Stargazer Inn or End Of The Trail in between the busy days!

Virginia City

Scenic view of Victorian building on historic Main C street in downtown Virginia City. Editorial credit: Michael Vi / Shutterstock.com
Scenic view of Victorian building on historic Main C street in downtown Virginia City. Editorial credit: Michael Vi / Shutterstock.com

Southwest of Reno, Virginia CIty is home to Victorian buildings that were built in the 19th century during a mining boom. There are three museums in the area to focus on keeping the history alive. To learn more about mining and what it was like to live during the heyday, stop by The Way It Was Museum. The Historic Fourth Ward School And Museum is the last four-story school building of its time and has interactive exhibits. This has a preserved classroom from 1876 that allows visitors to sit and experience what it would be like to go to school back then. Lastly, The Comstock Firemen’s Museum teaches about The Great Fire Of 1875 and gives a glimpse of the men who fought it.

The Chollar Mine Tour takes you deep underground to see how the miners of the Gold Rush extracted 17 million in gold and silver, which made this city famous. For hiking, take the trek up Mt. Bullion or Mt Davidson for beautiful scenery. Stay at the Silverland Inn for 81 dollars a night or The Virginia City Bed and Breakfast.

Tonopah

Three historic buildings in Tonopah holding iconic businesses against blue sky. Editorial credit: Claudine Van Massenhove / Shutterstock.com
Three historic buildings in Tonopah holding iconic businesses against blue sky. Editorial credit: Claudine Van Massenhove / Shutterstock.com

Tonopah was nick-named “Queen Of The Silver Camps” due to its success in the mining industry in the 1900’s. It is known for world-class stargazing and vast desert landscapes. To learn about mining, take a step into the Tonopah Historic Mining Park to explore more than 100 acres of history, tunnels, caves, and artifacts. Stop by the Old Tonopah Cemetery to view a well-preserved desert cemetery from 1901. From pioneers, old miners, and politicians, learn about the 300 people who are buried there and the thrilling stories behind each of their lives. For a challenge, spend a day hiking Brougher Mountain for an overlook of the town, rocky formations, and desert. Stay at the infamous Clown Motel or at the Mizpah Hotel for direct access to downtown.

Ely

Route 50, the main street in western town of Ely, Nevada is seen against backdrop of mountain range. Editorial credit: Sandra Foyt / Shutterstock.com
Route 50, the main street in the western town of Ely, Nevada, is seen against the backdrop of the mountain range. Editorial credit: Sandra Foyt / Shutterstock.com

Ely is a four-season mountain town where art and outdoor adventures thrive. Brace yourself to be surrounded by white-capped mountains in this town of nearly 4,000! Named in 1878, it was originally a stagecoach station along The Pony Express and became one of the top 10 producers of U.S. copper for 15 years. To learn more about the impact of mining and its general history, visit White Pine Public Museum. After, walk over to the Nevada Northern Railway Museum to take a train ride through the nearby landscape that you will be sure to remember forever. Drive 25 minutes to Ward Charcoal Ovens State Historic Park to see six beehive-shaped charcoal ovens that used to process silver. This 700-acre park also has astonishing hikes and remarkable views. After each eventful day, come back to either the Magnuson Hotel Ely for only $54 a night or at the Ramada By Wyndham Ely for $78 a night!

Spend Your Next Long Weekend In Nevada

Nevada is the driest state in the nation, with an average of 10 inches of precipitation a year! This will guarantee beautiful weather throughout your stay while you hike one of the challenging or easy mountains, lay out on a beach, take a walk through the forest, or explore the scenic towns. Whether it’s a smaller town like Baker to visit Great Basin National Park, a city like Elko, or a historic town like Virginia City, this state has it all. Plan your next long weekend in one of these beautiful towns!



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LETTER: Nevada House Democrats buck their party

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LETTER: Nevada House Democrats buck their party


As a hard-core conservative, I could never see myself voting for the trio of Nevada Democrats who voted for the Laken Riley Act in the House last week. But stating that, I must give the three politicians high marks for bucking the Democrat trend to favor immigrants over us constituents. That takes courage, and I applaud them for putting principle over politics.



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Nevada volleyball players were pressured with 'legal issues' to play SJSU trans player during feud with school

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Nevada volleyball players were pressured with 'legal issues' to play SJSU trans player during feud with school


EXCLUSIVE: In October, players on the University of Nevada Reno women’s volleyball team were engaged in a highly publicized dispute with its university and athletic department over whether to play a match against San Jose State University. 

San Jose State, at the time, rostered a trans athlete.

The Nevada players approached university administrators privately to express their desire to forfeit the match and join four other programs that refused to play SJSU. But Nevada did not honor that request and instead released a statement insisting it would play the match. Nevada also insisted its players would be allowed to skip the contest without facing discipline. 

The team ultimately forfeited the day before the match was scheduled to be played, due to not having enough players. However, the university has said it had discussions with the players about potential “legal issues” that would emerge if the match were not played. 

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“University administrators met with the Nevada volleyball team and discussed scenarios of what could happen if they chose not to play. One of the scenarios that was discussed revolved around possible legal issues for violating the Nevada Constitution,” read a statement that was provided exclusively to Fox News Digital by the University of Nevada, Reno. 

CLICK HERE FOR MORE SPORTS COVERAGE ON FOXNEWS.COM

The state’s constitution was revised in 2022, when Democrat lawmakers voted to adopt the Equal Rights Amendment, which added gender identity to its list of diversity classifications that are protected under state law. 

The University of Nevada was prohibited by laws and regulations to forfeit for reasons related to gender identity or expression. As a State university, a forfeiture for reasons involving gender identity or expression could constitute per se discrimination and violate the Nevada Constitution,” Nevada’s statement read. 

Nevada’s statement was in response to allegations made by co-founder of the Independent Council on Women’s Sports (ICONS), Marshi Smith. 

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Smith met and spoke with multiple players on the Nevada team during ther dispute, and heads the legal advocacy group that has brought a lawsuit against San Jose State and the Mountain West conference for its handling of the situation involving the trans athlete. 

“At UNR, school administrators warned athletes they could face legal action if they refused to compete against SJSU’s team, which included a male starter,” Smith told Fox News Digital. 

The dispute between the players escalated into a national controversy that even garnered mainstream political attention in the weeks leading up to November’s election. 

Nevada players, including captain Sia Liilii, spoke out publicly against the university multiple times for its refusal to forfeit the match. Trump’s Director of National Intelligence presumptive nominee Tulsi Gabbard and former Nevada U.S. Senate candidate Sam Brown even visited the team for a photo-op and interview. 

SJSU TRANSGENDER VOLLEYBALL SCANDAL: TIMELINE OF ALLEGATIONS, POLITICAL IMPACT AND A RAGING CULTURE MOVEMENT

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The scale of the controversy only heightened as the Oct. 26 match date approached. On Oct. 22, Nevada and San Jose State announced that the match would be moved from Nevada’s campus in Reno to San Jose State’s campus in the Bay Area in California, claiming the location change was “in the best interest of both programs and the well-being of the student-athletes, coaches, athletic staff and spectators.”

But then, the day before the match, Nevada announced that its team would forfeit, citing the fact that it didn’t have enough players who were willing to participate. Nevada took a loss on its record, for the match, then went just 1-7 to finish the season. 

Nevada players previously spoke about pressures they faced from the university to play the match in a press conference at their university. It was held the day of the originally scheduled match on Oct. 26. 

Liilii broke down in tears from the minute she took the podium while she recounted her experience telling school officials she didn’t want to compete against a transgender player.

“We felt unsafe and dismissed,” Liilii said, sobbing. “We met with our school officials to give them our team’s new statement, but they wouldn’t even hear it. We were told that we weren’t educated enough and that we didn’t understand the science. We were told to reconsider our position.” 

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Nevada sophomore Masyn Navarro alleged her teammates had been told to “stay quiet” about the controversy during the press conference. 

“It should not be this difficult to stand up for women. However, we will now take this opportunity to stand up as a team, as some of us have been told to stay quiet,” Navarro said. 

WHO IS BLAIRE FLEMING? SJSU VOLLEYBALL PLAYER DOMINATING FEMALE RIVALS AND ENRAGING WOMEN’S RIGHTS GROUPS

Nevada athletic director Stephanie Rempe previously provided a statement to Fox News Digital addressing the allegations that were made at the press conference. 

“I did not tell, and am unaware of any member of the athletics administrative team telling members of our women’s volleyball team that they ‘weren’t educated enough,’ that they ‘didn’t understand the science,’ that they should reconsider their position or that they should ‘stay quiet’ regarding their participation in an Oct. 26 match that was scheduled against San Jose State University.”

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Rempe said she had offered an apology to the players regarding how they were informed that the university planned to proceed with the game, even after the players had voted to forfeit. 

“On Oct. 14 and Oct. 22, I spoke with the team for less than five minutes each time and those gatherings were operational in nature. At all three meetings, I shared our genuine apology for not sharing the statement released on Oct. 3 in advance of their match against UNLV. As has been stated on multiple occasions, we continue to support the rights of the volleyball players who choose and choose not to participate,” Rempe said.

Article I, Section 24 of the Nevada Constitution provides that “Equality of Rights under the law shall not be denied or abridged by this state or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.”

But Liilii is now one of 11 former or current Mountain West volleyball players engaged in the lawsuit against San Jose State and the Mountain West for its handling of the situation involving the trans athlete. 

San Jose State co-captain Brooke Slusser leads the suit and is engaged in a separate lawsuit against the NCAA citing her experience of having to share a team, bedroom and changing spaces with the trans athlete while knowledge of the player’s birth sex was actively withheld from her for an entire season by the school and conference.

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HOW TRANSGENDERISM IN SPORTS SHIFTED THE 2024 ELECTION AND IGNITED A NATIONAL COUNTERCULTURE

The other players on the plaintiff list are Alyssa Sugai, Elle Patterson, Nicanora Clarke, Kaylie Ray, Macey Boggs, Sierra Grizzle, Jordan Sandy, Katelyn Van Kirk and Kiersten Van Kirk. Former SJSU Assistant volleyball coach Melissa Batie-Smoose, who was suspended by San Jose State after filing a Title IX complaint alleging the university gave favorable treatment toward the trans player, is also a plaintiff. 

Smith told Fox News Digital that some athletes have expressed fear of retaliation by their schools when deciding whether or not to seek their help. 

“The most common first question we hear from NCAA female athletes seeking support is: ‘What can my school or the NCAA do to retaliate against me if I speak out against allowing men in women’s sports?’ They’re often terrified of losing scholarships or being kicked off their teams,” Smith told Fox News Digital. 

“The first reassurance we provide is that these athletes have a Constitutional right to free speech. They can speak out or forfeit in protest against discrimination, Title IX violations, or increased safety risks when competing against a male athlete—without fear of retaliation, regardless of the lies their schools may tell them.”

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Follow Fox News Digital’s sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.





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