Drug Policy Watch · State Brief 2026

Louisiana

Snapshot (structured)

Adult-use cannabis: Illegal. Possession of up to 14 grams is decriminalized (civil fine up to $100 for a first offense), but commercial adult-use sales remain prohibited as of 2026. NORML MPP
Medical cannabis: Legal. Operating "Therapeutic Marijuana Program" with smokable flower, edibles, tinctures, topicals, and inhalers permitted. LDH MPP overview
Home grow: Not permitted, for either medical or adult use. MPP
Intoxicating hemp / hemp THC: Heavily restricted. Inhalable and smokable hemp products (including THCA flower) banned at retail since January 1, 2025; non-inhalable products capped at 5 mg total THC per serving and 40 mg per package, sold only at ATC-licensed retailers, 21+. Crescent Canna Cannabis Regulations AI
Psychedelics: Not decriminalized. A therapeutic-research pilot (psilocybin, ibogaine, MDMA) passed the legislature in 2026 (SB 43) and became law without the governor's signature, effective August 1, 2026. Marijuana Moment LegiScan SB43
Broad decriminalization: Limited. Small-amount cannabis decriminalized (2021); fentanyl test strips decriminalized (2022). No broad drug decriminalization. MPP WWL
Harm reduction: State-run Overdose Prevention and Response Hub distributes naloxone and fentanyl test strips; test strips legal. Statewide syringe services authorization is limited/unconfirmed at the statute level. LA Health Hub
Governor (party): Jeff Landry (Republican). Ballotpedia
Legislature control: Republican trifecta. Senate roughly 28-11 R, House roughly 73-32 R (two-thirds supermajorities in both chambers). Ballotpedia 2026 session
Citizen ballot initiatives allowed: No. Louisiana does not allow citizen-initiated statutes or constitutional amendments; amendments are referred by the legislature. Ballotpedia
Enclosure pressure score: 4/5

Cannabis

Adult-use cannabis is illegal in Louisiana as of 2026. Possession of up to 14 grams was decriminalized in 2021, reducing the first-offense penalty to a civil fine of up to $100, but there is no legal commercial adult-use market. NORML MPP

Medical cannabis (the Therapeutic Marijuana Program) is legal and comparatively mature. The program now allows smokable and raw plant forms in addition to edibles, tinctures, topicals, and metered-dose inhalers. LA Marijuana Card MPP overview

Home grow is not permitted under either medical or adult-use rules. MPP

Market structure is unusually concentrated and state-tethered. Production was historically assigned by statute to Louisiana State University and Southern University agricultural centers, which contracted out to two licensed manufacturers: Advanced Biomedics LLC (doing business as Ilera Holistic Healthcare) and Good Day Farm Louisiana LLC. There are roughly 22 to 28 licensed retailers (formerly "pharmacies," renamed "dispensaries"), with a statutory ceiling commonly cited at 30; one source projects growth to 30 by the end of 2026. LDH Quick Med Cards Pharmacy Board permits

Key 2026 actions: SB 270 passed and became law without the governor's signature on June 1, 2026, allowing terminally ill patients (or their caregivers) to administer and possess medical cannabis in healthcare facilities. Two adult-use vehicles failed: HB 373 (a three-year adult-use pilot, sponsor Rep. Candace Newell, D) was voluntarily deferred, and HCR 111 (a study task force) was involuntarily deferred in committee. Cannabis Business Times KQKI LegiScan HB373

Hemp

Louisiana sharply restricted the consumable hemp market under Act 752 of 2024 (HB 952), effective January 1, 2025. The act banned the retail sale of inhalable and smokable hemp products, including THCA flower, pre-rolls, and vapes. Remaining non-inhalable products (edibles, tinctures) are capped at 5 mg total THC per serving and 40 mg per package (down from a prior 8 mg serving cap), must meet child-resistant packaging and labeling rules, and may be sold only at ATC-licensed retailers to buyers 21 and older; sales at gas stations, convenience stores, and many alcohol-serving venues are prohibited. Crescent Canna Fox8 Cannabis Regulations AI Justia RS 3:1482

Exposure to the federal hemp change is high. H.R. 5371 Section 781, signed November 12, 2025, takes effect November 12, 2026. It rewrites the federal hemp definition using a post-decarboxylation total THC test capped at 0.4 mg per container and excludes synthetic and chemically converted cannabinoids. Most commercial delta-8 and similar intoxicating hemp products would lose federal Farm Bill protection on that date, layering federal prohibition on top of Louisiana's already strict 2025 regime. Cannabis Regulations AI The Haze Connect

Recent state action: In the 2026 session, HB 539 ("relative to consumable hemp products") proposed to repeal R.S. 3:1484(B)(5), which would loosen some location-based sale prohibitions; its final disposition is unconfirmed and should be verified on the tracker. LegiScan Louisiana Louisiana Legislature doc

Psychedelics

Psychedelics are not decriminalized in Louisiana. Possession of psilocybin, MDMA, and ibogaine remains illegal for general use.

On the therapeutic-research front, SB 43 (sponsor Sen. Patrick "Pat" McMath, R-Mandeville) would establish a Psychedelic-Assisted Therapy Initiative within the Louisiana Department of Health's Office of Behavioral Health, funding clinical studies on psilocybin, ibogaine, MDMA, and related substances for opioid use disorder, co-occurring substance use disorders, and treatment-resistant mental health conditions, with opioid-settlement dollars. It passed the Senate 37-0 and the House 97-0, was enrolled and sent to Governor Landry on June 1, 2026, and became law without his signature in June 2026, taking effect August 1, 2026. Marijuana Moment WAFB LA Illuminator LegiScan SB43

Broader drug policy

Decriminalization: Cannabis under 14 grams was decriminalized in 2021 (civil fine up to $100, first offense). There is no broad decriminalization of other controlled substances. NORML MPP

Harm reduction: Fentanyl test strips were removed from the paraphernalia list and effectively legalized in 2022. The Louisiana Department of Health runs a statewide Overdose Prevention and Response Hub, a centralized platform where approved institutions can request and distribute naloxone (Narcan nasal spray, 4 mg) and fentanyl test strips. Statewide statutory authorization for syringe services programs is limited and the precise current scope is unconfirmed. WWL LA Health Hub Overdose Prevention Strategies

Sentencing and expungement: Louisiana law allows expungement, vacating, or sealing of past marijuana convictions for conduct since decriminalized, and former Gov. John Bel Edwards (D) signed a measure streamlining expungements for first-time marijuana possession. Note the broader trend reversal: in a 2025 special session, the legislature rolled back much of the prior several years' criminal-justice reform, though cannabis reform was not part of that rollback. MPP Marijuana Moment

Overdose and treatment policy: Overdose response is coordinated through the LDH hub described above; the 2026 psychedelic-therapy initiative (SB 43) would channel opioid-settlement funds toward substance use disorder research. LA Health Hub Marijuana Moment

Political landscape

Governor: Jeff Landry (Republican), in office since January 2024. Ballotpedia

Party control: Republican trifecta. The Senate is roughly 28-11 Republican and the House roughly 73-32 Republican, giving the GOP two-thirds supermajorities in both chambers. Ballotpedia 2026 session

Key committees: Cannabis and hemp measures typically route through the House and Senate Health and Welfare committees and, for criminal provisions, the Administration of Criminal Justice committee. Specific 2026 committee chairs are unconfirmed and should be verified on the legislature site. Louisiana Legislature

Named reform champions: Sen. Patrick "Pat" McMath (R), lead sponsor of the psychedelic-therapy initiative (SB 43); Rep. Candace Newell (D), sponsor of the adult-use cannabis pilot (HB 373). Marijuana Moment LegiScan HB373

Named opponents: Gov. Landry has taken a restrictive posture on cannabis, reportedly prioritizing re-criminalizing cannabis consumption in drug-free school zones in 2026 and presiding over a Republican administration that has not advanced adult-use legalization. The specific identity of legislative floor opponents who blocked HB 373 and HCR 111 is unconfirmed. All About Lawyer MPP

Ballot initiatives

Louisiana does not allow citizen-initiated ballot measures. There is no process for citizens to place statutes or constitutional amendments on the ballot; proposed constitutional amendments must be referred by a two-thirds vote of the legislature. Consequently there are no pending citizen-initiated cannabis, psychedelic, or drug-policy ballot measures for 2026, and reform must move through the legislature. Ballotpedia: Laws governing ballot measures in Louisiana

Equity and expungement

Louisiana's medical cannabis statute does not feature a robust social-equity licensing tier comparable to adult-use states; the production framework was historically tied to two university agricultural centers and a small number of licensed manufacturers and retailers, which limits new-entrant and equity-applicant access. LDH MPP overview

On records relief, the state provides petition-based expungement, vacating, or sealing of past marijuana convictions for conduct that has since been decriminalized or legalized, and an earlier measure streamlined expungements for first-time possession convictions. These are petition-based rather than automatic, which means the benefit accrues mainly to those who navigate the process; people without legal help or awareness are effectively excluded. MPP Marijuana Moment

Market and barriers

Cannabis taxes and license fees: A specific statewide medical cannabis excise tax rate and the exact dispensary/manufacturer license fees were not confirmed in this research and are unconfirmed; verify with LDH and the Department of Revenue. LDH

License caps and licensees (medical program): - Manufacturers/producers: 2 (Advanced Biomedics dba Ilera Holistic Healthcare; Good Day Farm Louisiana LLC), historically tied to LSU and Southern University agricultural centers. Quick Med Cards - Retailers/dispensaries: roughly 22 to 28 operating, with a ceiling commonly cited at 30 (one source projects 30 by end of 2026). LDH Pharmacy Board

Hemp (consumable): Sold only by ATC-licensed retailers; products capped at 5 mg total THC per serving and 40 mg per package; 21+ purchase age; gas station and convenience store sales prohibited. Specific hemp license fees are unconfirmed. Crescent Canna Cannabis Regulations AI

Capital or residency requirements for cannabis licensure: Unconfirmed.

Enclosure read

Louisiana is heavily fenced. The medical cannabis supply chain was built on a state-granted duopoly: two licensed manufacturers operating under contracts tied to two public universities, with a hard retailer cap around 30. There is no home grow, no adult-use market, and no citizen-initiative path to force change from outside the legislature. The 2025 hemp crackdown (Act 752) eliminated the open, low-barrier intoxicating-hemp retail channel that had functioned as the de facto "little guy" cannabis market, banning inhalable products and squeezing the rest into ATC-licensed, low-dose, 21-plus retail. The coming November 12, 2026 federal hemp redefinition will further close the synthetic and converted-cannabinoid lane. Who consolidates: the incumbent medical manufacturers, the capped retailer roster, and the university-linked production structure. Who is fenced out: home growers, hemp entrepreneurs, gas station and convenience retailers, new license applicants, and equity applicants who have no dedicated tier. The only loosening pulses are narrow and clinical (SB 43 research, SB 270 facility access). Justification for 4/5: a tightly capped, state-tethered medical duopoly plus an aggressive hemp clampdown and no citizen ballot escape valve, short of a full 5 only because medical access exists, decriminalization persists, and harm-reduction distribution is active. MPP Crescent Canna

What to watch next

SB 43 (psychedelic-therapy initiative) became law without the governor's signature in June 2026 and takes effect August 1, 2026; watch LDH implementation of the research initiative. LegiScan SB43
SB 270 already in effect (June 1, 2026): watch LDH implementation of in-facility medical cannabis access for terminally ill patients. Cannabis Business Times
November 12, 2026 federal hemp deadline: total-THC 0.4 mg-per-container cap and exclusion of synthetic/converted cannabinoids takes effect, with major impact on Louisiana's already-restricted hemp market. Cannabis Regulations AI
Adult-use revival: the deferred HB 373 pilot points toward a possible 2027 effort; watch for re-filing in the next session. Cannabis Business Times
Legislative calendar: The 2026 Regular Session convened March 9, 2026 and adjourned sine die June 1, 2026. The next regular session (2027) is expected in spring 2027; exact dates unconfirmed. Louisiana Legislature session info Ballotpedia 2026 session

Regulators

Louisiana Department of Health (LDH), Cannabis Program: regulates medical marijuana dispensaries (since January 1, 2025) and houses the Office of Behavioral Health that would administer the SB 43 psychedelic-therapy initiative. LDH
Louisiana Department of Agriculture and Forestry (LDAF): industrial hemp cultivation and licensing. LDAF hemp
Louisiana Office of Alcohol and Tobacco Control (ATC): regulates retail sale of consumable hemp/CBD products. ATC
Louisiana Board of Pharmacy: formerly regulated therapeutic marijuana pharmacies; that function transferred to LDH effective January 1, 2025. Pharmacy Board

Federal exposure (2026)

Louisiana sits at the receiving end of nearly every 2026 federal drug-policy lever, and because the state has built a tightly fenced, medical-only, university-tethered market, the federal moves mostly reinforce incumbents and squeeze the small actors who are already squeezed.

Rescheduling and 280E. By default, cannabis remains Schedule I federally. The DOJ/DEA order signed April 22, 2026 and effective April 28, 2026 (91 FR 22714) moved only FDA-approved cannabis drugs and state-licensed medical cannabis to Schedule III; recreational cannabis stays Schedule I. The practical Louisiana effect is narrow and regressive: because Louisiana is medical-only, with no adult-use market, the end of Internal Revenue Code Section 280E for the medical category flows directly to the state's two licensed manufacturers (Advanced Biomedics dba Ilera Holistic Healthcare and Good Day Farm Louisiana) and the capped retailer roster. Those incumbents get to deduct ordinary business expenses for the first time, improving their margins, while no new entrant gets a foothold because the state caps and the university-tethered production structure remain in place. Schedule III does not legalize cannabis, does not authorize interstate commerce, and does not cover state-licensed businesses as a federal-protection matter; it is a tax and research reclassification, not a market opening. The broader DEA rescheduling hearing opened June 29, 2026 and may slip into 2027, so even this narrow relief is not yet final. DOJ/DEA April 2026 order Marijuana Moment rescheduling coverage

The November 12, 2026 hemp cliff. The FY2026 agriculture appropriations law (H.R. 5371, Section 781, championed by Rep. Andy Harris, R-MD) narrows the federal hemp definition to a total-THC standard of roughly 0.4 mg THC per container, recriminalizing an estimated 90 to 95 percent of intoxicating hemp products effective November 12, 2026. The H.R. 7010 delay was not enacted, and the 2026 Farm Bill vehicle (H.R. 7567, unconfirmed status, verify on tracker) keeps the ban. LegiScan H.R.7567 Practical Louisiana effect: the state already gutted intoxicating-hemp retail under Act 752 of 2024, banning inhalable and smokable hemp (including THCA flower) at retail since January 1, 2025 and capping the remaining edibles and tinctures at 5 mg total THC per serving and 40 mg per package at ATC-licensed, 21-plus retail only. The federal cliff layers a national prohibition on top of an already strict state regime, so the surviving low-dose Louisiana products that may still clear the state cap could nonetheless fall outside the new federal hemp definition, removing the Farm Bill legality shield that producers and shippers have relied on. The few remaining hemp operators face a double lock: state law already shut the high-THC channel, and federal law now closes the synthetic and converted-cannabinoid lane nationwide. Interstate THCA-flower shipping into Louisiana, already legally fraught, loses its federal cover entirely. Cannabis Regulations AI The Haze Connect

Banking. SAFER Banking has stalled in Congress, so Louisiana's cannabis operators, including the two manufacturers and the capped dispensary roster, continue to face restricted access to federally regulated banking, card processing, and ordinary lending. The Schedule III move for medical cannabis does not itself fix banking access. This raises the effective cost of capital and entrenches the well-capitalized incumbents who can absorb cash-handling and compliance overhead, further fencing out under-capitalized would-be entrants and any future equity applicants. Marijuana Moment SAFER Banking coverage

Psychedelics. Federally, psilocybin, MDMA, and ibogaine all remain Schedule I. An April 18, 2026 executive order, Accelerating Medical Treatments for Serious Mental Illness [https://www.whitehouse.gov/presidential-actions/2026/04/accelerating-medical-treatments-for-serious-mental-illness/] plus FDA priority vouchers fast-track FDA review of psychedelic therapies, but no approval has been granted. Louisiana's SB 43 (sponsor Sen. Patrick "Pat" McMath, R-Mandeville), which would create a Psychedelic-Assisted Therapy Initiative funding clinical research on psilocybin, ibogaine, and MDMA with opioid-settlement dollars, is a research-and-study pathway that is compatible with, and arguably dependent on, the federal review track; the measure became law without the governor's signature (effective August 1, 2026). Because both the state and federal pathways are clinical and institutional, the beneficiaries are universities, hospitals, and licensed researchers, not decriminalized individual access. LegiScan SB43 Marijuana Moment psychedelics coverage

Harm reduction. SAMHSA guidance issued April 24, 2026 bars federal funds from being used for fentanyl test strips, clean syringes, and sterile water; naloxone remains federally supported. Louisiana's exposure is direct: the state runs an Overdose Prevention and Response Hub that distributes both naloxone and fentanyl test strips, and the test-strip distribution is exactly the category the new federal guidance defunds. Louisiana legalized test strips in 2022, so they remain legal to possess and distribute under state law, but federal dollars can no longer underwrite them, shifting the cost onto the state budget or onto the opioid-settlement and philanthropic funds the state can still control. Naloxone distribution is unaffected by the federal cut. Statewide syringe-services statutory authorization in Louisiana is limited and unconfirmed, so the federal syringe defunding compounds an already thin state framework. SAMHSA guidance LA Health Hub

Fentanyl. The HALT Fentanyl Act, signed July 17, 2025, permanently places fentanyl-related substances in Schedule I, aligning with and reinforcing Louisiana's existing hard-line stance on fentanyl and its 2025 special-session rollback of broader criminal-justice reform. This raises penalties and forecloses any near-term state experimentation with a softer fentanyl posture. HALT Fentanyl Act

Patient access and rights

This section covers what Louisiana law does and does not protect for a medical cannabis patient: use inside a hospital, and the broader rights that follow a patient into work, housing, parenting, an organ transplant list, and school. It is information, not legal advice, and it reflects the law as of July 2026. Each point links to the primary statute.

Hospital access (Ryan's Law): Louisiana enacted a Ryan's Law protection in 2026. Senate Bill 270, which became Act 602 without the governor's signature, allows patient use in health care facilities and takes effect August 1, 2026. Seven states have now enacted a Ryan's Law protection (California in 2021, and Colorado, Delaware, Louisiana, Oregon, Virginia, and Washington in 2026), with Pennsylvania's bill pending.

Broader protections: Louisiana's are narrow. It protects employment, but only for state employees, under Louisiana Revised Statutes Section 49:1016; no private-sector employment protection is verified. A review of the medical marijuana law found no provision protecting housing, a custody or visitation dispute, placement on an organ transplant list, school enrollment, or general medical care. Most Louisiana patients, those not employed by the state, have no enforceable shield in these situations.

Out-of-state patients: Louisiana does not honor out-of-state cards in practice, so a visiting patient cannot rely on one here.

The federal picture: the April 2026 federal move of state-licensed medical cannabis to Schedule III did not change any of this. Schedule III does not make dispensary cannabis a lawful prescription medicine, and it creates no hospital-use right or employment, housing, custody, transplant, or school protection; the protections and limits above are creatures of Louisiana law, not federal law.

Sources: Louisiana's Ryan's Law, Senate Bill 270 (Act 602, 2026); the state-employee protection, Revised Statutes Section 49:1016; the medical marijuana law, Revised Statutes Section 40:1046.

Analysis: the enclosure read in depth

Who is fenced out. Louisiana is one of the most thoroughly enclosed drug-policy environments in the country, and the 2026 federal moves tighten rather than loosen the fence for everyone outside a narrow incumbent class. Fenced out: home growers (no home grow for medical or adult use), hemp entrepreneurs and the gas-station and convenience-store channel that the 2025 Act 752 already cut off, interstate THCA shippers who lose federal cover on November 12, 2026, new license applicants facing hard caps, equity applicants who have no dedicated tier, and individual users who get no decriminalized psychedelic or broader-drug relief. Patients gain only at the margins (SB 270 in-facility access for the terminally ill), and harm-reduction clients lose federally funded test strips.

Who consolidates. The winners are few and clearly identifiable: the two state-licensed manufacturers (Advanced Biomedics dba Ilera Holistic Healthcare and Good Day Farm Louisiana), the capped retailer roster of roughly 22 to 28 dispensaries against a ceiling near 30, and the LSU and Southern University agricultural centers that anchor the production structure. The 280E repeal for medical cannabis hands these incumbents a margin improvement with no offsetting new competition, and the stalled SAFER Banking keeps the cost of entry high enough that only the already-capitalized can play. On psychedelics, the consolidating actors are research institutions and the Office of Behavioral Health, not the public.

State-plus-federal interaction. The defining feature of Louisiana is that state enclosure and federal enclosure point the same direction, so they compound rather than offset. The state built a duopoly; the federal Schedule III move enriches that duopoly. The state banned intoxicating hemp retail; the federal hemp cliff finishes the job nationwide. The state runs test-strip distribution; the federal SAMHSA cut defunds it. The state keeps a hard fentanyl line; the HALT Act federalizes it permanently. There is almost no axis on which a federal move opens a door that the state has closed, which is what makes the read so one-directional.

What to watch. Watch how narrowly LDH scopes the SB 43 research initiative, which became law without the governor's signature in June 2026 and takes effect August 1, 2026. Watch whether any 2027 re-filing of an adult-use pilot (the deferred HB 373 points that way) gains traction, since adult use is the only path that would let the 280E and eventual rescheduling benefits reach beyond the medical duopoly. Watch how Louisiana funds test strips after the federal cut, and whether the opioid-settlement dollars get redirected. Watch the November 12, 2026 hemp cliff for enforcement posture and for any litigation over the total-THC standard. Watch the DEA rescheduling hearing that opened June 29, 2026 for slippage into 2027.

Absence of commons counter-moves. There is no meaningful counter-pressure toward a commons or low-barrier model. Louisiana allows no citizen-initiated ballot measures, so reform cannot be forced from outside the legislature; there is no home-grow carve-out that would let individuals opt out of the licensed market; there is no social-equity tier; and the Republican trifecta under Gov. Landry, with two-thirds supermajorities in both chambers and a 2025 record of rolling back criminal-justice reform, is not advancing adult-use legalization. The only loosening pulses are clinical and incumbent-friendly (SB 43 research, SB 270 facility access, 280E relief for the duopoly), none of which broadens participation.

Enclosure score justification: 4/5. A tightly capped, state-tethered medical duopoly, no home grow, no adult-use market, no citizen-initiative escape valve, an aggressive 2025 hemp clampdown now reinforced by the November 2026 federal cliff, stalled banking that entrenches incumbents, and a federal harm-reduction defunding that the state must absorb. The score stops short of a full 5 only because a functioning medical-access program exists, small-amount cannabis decriminalization persists, naloxone and (state-funded) test-strip distribution continue, and the 280E and rescheduling shifts at least relieve the existing medical operators rather than tightening on them. The 2026 federal moves are net enclosure-reinforcing for Louisiana, pushing the state to the upper edge of the 4 band. MPP Crescent Canna Ballotpedia: Laws governing ballot measures in Louisiana

Active legislation (2026)

This list is not exhaustive. For the full long tail and live status, see the trackers linked below.

Bill	Title/Topic	Chamber	Status	Sponsor(s)
SB 43	Psychedelic-Assisted Therapy Initiative (psilocybin, ibogaine, MDMA research)	Senate (originated)	Passed both chambers (37-0 / 97-0); enrolled June 1, 2026. Update, July 18, 2026: SB 43 became law without Governor Landry’s signature (reported June 26, 2026), effective August 1, 2026. (source)	Sen. Patrick "Pat" McMath (R)
SB 270	Medical cannabis administration/possession in healthcare facilities for terminally ill patients	Senate (originated)	Became law without governor's signature, effective June 1, 2026	Unconfirmed (verify on tracker)
HB 373	Adult-Use Cannabis Pilot Program (3-year)	House	Voluntarily deferred by sponsor	Rep. Candace Newell (D)
HCR 111	Task force to study recreational cannabis	House (concurrent resolution)	Involuntarily deferred in committee	Unconfirmed (verify on tracker)
HB 539	Consumable hemp products; repeal of certain location-based sale prohibitions (R.S. 3:1484(B)(5))	House	Disposition unconfirmed (verify on tracker)	Unconfirmed (verify on tracker)

Trackers: LegiScan Louisiana 2026 | Louisiana Legislature daily actions | Marijuana Moment Louisiana coverage

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A planning snapshot for 2026, not legal advice. Policy moves quickly; confirm any single detail against the cited sources before acting on it. Sponsor names are given where confirmable and marked unconfirmed otherwise.

About the author. Jessica Mantonya is the founder of Drug Policy Watch and Hold in Common. She also advises operators, advocates, and funders on regulatory strategy and anti-enclosure positioning. Work with her →