| 20 | | - | (b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, gives or administers to another person any controlled substance, except a narcotic substance, or a hallucinogenic substance other than marijuana, including but not limited to, any such substance prescribed to a person other than the purchaser or recipient or intended purchaser or recipient of such prescription drug, except as authorized in this chapter, may, for the first offense, be fined not more than twenty-five thousand dollars or be imprisoned not more than seven years or be both fined and imprisoned; and, for each subsequent offense, may be fined not more than one hundred thousand dollars or be imprisoned not more than fifteen years, or be both fined and imprisoned. |
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| 32 | + | (b) The Commissioner of Consumer Protection may, so far as may be consistent with sections 21a-244 to 21a-282, inclusive, adopt the regulations existing under the federal Controlled Substances Act and pertinent regulations existing under the federal food and drug laws and conform regulations adopted hereunder with those existing under the federal Controlled Substances Act and federal food and drug laws. |
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| 33 | + | |
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| 34 | + | (c) The Commissioner of Consumer Protection, acting upon the advice of the Commission of Pharmacy, may by regulation designate, after investigation, as a controlled substance, a substance or chemical composition containing any quantity of a substance which has been found to have a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and having a tendency to promote abuse or physiological or psychological dependence or both. Such substances are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant substances, and specifically exclude alcohol, caffeine and nicotine. Substances which are designated as controlled substances shall be classified in schedules I to V by regulations adopted pursuant to subsection (a) of this section. |
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| 35 | + | |
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| 36 | + | (d) (1) The Commissioner of Consumer Protection may by regulation change the schedule in which a substance classified as a controlled substance in schedules I to V of the controlled substance scheduling regulations is placed. On or before December 15, 1986, and annually thereafter, and as provided in subdivision (2) of this subsection, the commissioner shall submit a list of all such schedule changes to the chairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public health. |
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| 37 | + | |
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| 38 | + | (2) The commissioner shall monthly examine in-state drug overdose trends, including overdoses caused by prescription drugs, and immediately initiate the process to change the schedule pursuant to subdivision (1) of this subsection, to add or redesignate on a higher schedule any such substance resulting in such overdoses. |
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| 39 | + | |
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| 40 | + | (e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, not later than January 1, 2013, the Commissioner of Consumer Protection shall submit amendments to sections 21a-243-7 and 21a-243-8 of the regulations of Connecticut state agencies to the standing legislative regulation review committee to reclassify marijuana as a controlled substance in schedule II under the Connecticut controlled substance scheduling regulations. |
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| 41 | + | |
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| 42 | + | (f) A new or amended regulation under this chapter shall be adopted in accordance with the provisions of chapter 54. |
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| 43 | + | |
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| 44 | + | (g) In the event of any inconsistency between the contents of schedules I, II, III, IV and V of the controlled substance scheduling regulations and schedules I, II, III, IV and V of the federal Controlled Substances Act, as amended, the provisions of the federal act shall prevail, except (1) when the provisions of the Connecticut controlled substance scheduling regulations place a controlled substance in a schedule with a higher numerical designation, schedule I being the highest designation, or (2) as provided in subsection (e) of this section. |
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| 45 | + | |
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| 46 | + | (h) When a drug that is not a controlled substance in schedule I, II, III, IV or V, as designated in the Connecticut controlled substance scheduling regulations, is designated to be a controlled substance under the federal Controlled Substances Act, or any federal temporary order, such drug shall be considered to be controlled at the state level in the same numerical schedule for a period of two hundred forty days from the effective date of the federal classification. |
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| 47 | + | |
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| 48 | + | (i) The Commissioner of Consumer Protection shall, by regulation adopted pursuant to this section, designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances and classify each such substance in the appropriate schedule: |
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| 49 | + | |
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| 50 | + | (1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018); |
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| 51 | + | |
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| 52 | + | (2) 1-butyl-3-(1-naphthoyl)indole (JWH-073); |
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| 53 | + | |
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| 54 | + | (3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); |
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| 55 | + | |
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| 56 | + | (4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); |
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| 57 | + | |
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| 58 | + | (5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol; CP-47,497 C8 homologue); |
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| 59 | + | |
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| 60 | + | (6) Salvia divinorum; and |
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| 61 | + | |
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| 62 | + | (7) Salvinorum A. |
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| 63 | + | |
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| 64 | + | (j) Notwithstanding the provisions of subsection (c) of this section, the Commissioner of Consumer Protection shall designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances in schedule I of the controlled substances scheduling regulations: |
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| 65 | + | |
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| 66 | + | (1) Mephedrone (4-methylmethcathinone); and |
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| 67 | + | |
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| 68 | + | (2) MDPV (3,4-methyenedioxypyrovalerone). |
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| 69 | + | |
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| 70 | + | Sec. 2. Subdivision (30) of section 21a-240 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
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| 71 | + | |
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| 72 | + | (30) "Narcotic substance" means any of the following, whether produced directly or indirectly by extraction from [substances] a substance of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Morphine-type: (i) Opium [and] or opiate, [and] or any salt, compound, derivative, or preparation of opium or opiate which [are] is similar [thereto] to any such substance in chemical structure or which [are] is similar [thereto] to any such substance in physiological effect and which [show] shows a like potential for abuse, which [are] is a controlled [substances] substance under this chapter unless modified; (ii) any salt, compound, isomer, derivative, or preparation [thereof] of any such substance which is chemically equivalent or identical [with] to any [of the substances] substance referred to in clause (i) of this subdivision, but not including the isoquinoline alkaloids of opium; (iii) opium poppy [and] or poppy straw; or (iv) (I) fentanyl or any salt, compound, derivative or preparation of fentanyl which is similar to any such substance in chemical structure or which is similar to any such substance in physiological effect and which shows a like potential for abuse, which is a controlled substance under this chapter unless modified, or (II) any salt, compound, isomer, derivative or preparation of any such substance which is chemically equivalent or identical to any substance referred to in subclause (I) of this clause; or (B) cocaine-type: [, coca] Coca leaves [and] or any salt, compound, derivative or preparation of coca leaves, [and] or any salt, compound, isomer, [derivatives] derivative or preparation [thereof] of any such substance which is chemically equivalent or identical [with] to any [of these substances] such substance or which [are] is similar [thereto] to any such substance in physiological effect and which [show] shows a like potential for abuse, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine; |
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| 73 | + | |
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| 74 | + | Sec. 3. Subsections (a) and (b) of section 21a-277 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
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| 75 | + | |
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| 76 | + | (a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any controlled substance which is a hallucinogenic substance other than marijuana, or a narcotic substance, including, but not limited to, any such substance prescribed to a person other than the purchaser or recipient or intended purchaser or recipient of such prescription drug pursuant to this subsection, except as authorized in this chapter, for a first offense, shall be imprisoned not more than fifteen years and may be fined not more than fifty thousand dollars or be both fined and imprisoned; and for a second offense shall be imprisoned not more than thirty years and may be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for each subsequent offense, shall be imprisoned not more than thirty years and may be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned. |
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| 77 | + | |
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| 78 | + | (b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, gives or administers to another person any controlled substance, except a narcotic substance, or a hallucinogenic substance other than marijuana, including but not limited to, any such substance prescribed to a person other than the purchaser or recipient or intended purchaser or recipient of such prescription drug pursuant to this subsection, except as authorized in this chapter, may, for the first offense, be fined not more than twenty-five thousand dollars or be imprisoned not more than seven years or be both fined and imprisoned; and, for each subsequent offense, may be fined not more than one hundred thousand dollars or be imprisoned not more than fifteen years, or be both fined and imprisoned. |
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| 79 | + | |
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| 80 | + | Sec. 4. (NEW) (Effective October 1, 2017) (a) As used in section: |
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| 81 | + | |
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| 82 | + | (1) "Illegal drug" means a drug the distribution of which is a violation of state law. |
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| 83 | + | |
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| 84 | + | (2) "Illegal drug market" means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user. |
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| 85 | + | |
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| 86 | + | (3) "Individual drug user" means an individual whose illegal drug use is the basis of an action brought under this section. |
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| 87 | + | |
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| 88 | + | (4) "Participate in the illegal drug market" means to distribute, possess with an intent to distribute or commit an act intended to facilitate the marketing or distribution of an illegal drug, or to agree to distribute, possess with an intent to distribute or commit an act intended to facilitate the marketing and distribution of an illegal drug, but does not include the purchase or receipt of an illegal drug for personal use only. |
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| 89 | + | |
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| 90 | + | (5) "Person" means an individual, a governmental entity or a corporation, limited liability company, firm, trust, partnership or incorporated or unincorporated association organized under or authorized by the laws of this state, another state or a foreign country. |
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| 91 | + | |
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| 92 | + | (6) "Period of illegal drug use" means, in relation to an individual drug user, the time from the individual drug user's first use of an illegal drug to the accrual of the right of action. |
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| 93 | + | |
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| 94 | + | (7) "Place of illegal drug activity" means, in relation to an individual drug user, each assembly district in which the individual drug user possesses or uses an illegal drug or in which the individual drug user resides, attends school or is employed during the period of the individual drug user's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. |
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| 95 | + | |
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| 96 | + | (b) A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this section. A person may recover damages under this section, for injury resulting from an individual drug user's use of an illegal drug. |
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| 97 | + | |
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| 98 | + | (c) A law enforcement officer or agency, the state or a person acting at the direction of a law enforcement officer or agency or the state is not liable for participating in the illegal drug market if the participation is in furtherance of an official investigation. |
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| 99 | + | |
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| 100 | + | (d) One or more of the following persons may bring an action for damages caused by an individual drug user's use of an illegal drug: |
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| 101 | + | |
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| 102 | + | (1) A parent, legal guardian, child, spouse or sibling of the individual drug user; |
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| 103 | + | |
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| 104 | + | (2) An individual who was exposed to an illegal drug in utero; |
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| 105 | + | |
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| 106 | + | (3) An employer of the individual drug user; |
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| 107 | + | |
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| 108 | + | (4) A medical facility, insurer, governmental entity, employer or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user; and |
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| 109 | + | |
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| 110 | + | (5) A person injured as a result of the wilful, reckless or negligent actions of an individual drug user. |
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| 111 | + | |
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| 112 | + | (d) A person entitled to bring an action under this section may seek damages from one or more of the following: |
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| 113 | + | |
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| 114 | + | (1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; and |
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| 115 | + | |
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| 116 | + | (2) A person who knowingly participated in the illegal drug market if (A) the place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant, (B) the defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user, and (C) the defendant participated in the illegal drug market at any time during the individual drug user's period of illegal drug use. |
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| 117 | + | |
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| 118 | + | (e) A person entitled to bring an action under this section may recover all of the following: |
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| 119 | + | |
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| 120 | + | (1) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury and any other pecuniary loss proximately caused by an individual drug user's illegal drug use; |
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| 121 | + | |
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| 122 | + | (2) Noneconomic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium and other nonpecuniary loss proximately caused by an individual drug user's illegal drug use; |
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| 123 | + | |
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| 124 | + | (3) Punitive damages; |
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| 125 | + | |
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| 126 | + | (4) Reasonable attorney's fees; and |
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| 127 | + | |
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| 128 | + | (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony. |
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