Connecticut 2018 Regular Session

Connecticut Senate Bill SB00487 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 487
2	2	February Session, 2018 LCO No. 2458
3	3	02458_______JUD
4	4	Referred to Committee on JUDICIARY
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 487
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12	12	February Session, 2018
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14	14	LCO No. 2458
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16	16	02458_______JUD
17	17
18	18	Referred to Committee on JUDICIARY
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20	20	Introduced by:
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22	22	(JUD)
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24	24	AN ACT CONCERNING THE LEGALIZATION, TAXATION AND REGULATION OF THE RETAIL SALE AND RECREATIONAL USE OF MARIJUANA AND CONCERNING THE PRODUCTION AND REGULATION OF HEMP.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. (NEW) (Effective from passage) As used in this section, and sections 2 to 24, inclusive, of this act, unless the context otherwise requires:
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30	30	(1) "Approved producer" means a producer licensed pursuant to section 21a-408i of the general statutes, that receives permission pursuant to section 9 of this act to sell and distribute marijuana to approved dispensaries;
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32	32	(2) "Approved dispensary" means a dispensary that receives permission pursuant to section 10 of this act to sell, distribute, and dispense marijuana to consumers who are not qualifying patients or primary caregivers;
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34	34	(3) "Consumer" means an individual twenty-one years of age or older;
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36	36	(4) "Cultivation" means cultivation, as defined in section 21a-408 of the general statutes;
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38	38	(5) "Dispensary" means a person who is licensed as a dispensary pursuant to section 21a-408h of the general statutes;
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40	40	(6) "Laboratory" means a laboratory located in the state that is licensed to provide analysis of controlled substances pursuant to section 21a-246 or 21a-408 of the general statutes or section 14 of this act;
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42	42	(7) "Laboratory employee" means a person who is (A) licensed as a laboratory employee pursuant to section 21a-408r of the general statutes or section 14 of this act, or (B) holds a temporary license issued pursuant to section 21a-408r of the general statutes or section 14 of this act;
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44	44	(8) "Marijuana" means marijuana, as defined in section 21a-240 of the general statutes;
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46	46	(9) "Marijuana concentrate" includes tinctures and extracts;
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48	48	(10) "Marijuana cultivation facility" means a person licensed to cultivate, prepare and package marijuana and sell marijuana to dispensaries, marijuana lounges, marijuana product manufacturing facilities, marijuana retailers and other marijuana cultivation facilities. "Marijuana cultivation facility" does not include the residence or dwelling of a person who engages in home cultivation for personal use pursuant to section 8 of this act;
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50	50	(11) "Marijuana establishment" means a marijuana cultivation facility, marijuana lounge, marijuana product manufacturing facility or marijuana retailer;
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52	52	(12) "Marijuana lounge" means a person licensed to sell marijuana or marijuana products to consumers for on-site consumption by means other than smoking;
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54	54	(13) "Marijuana product" means a product that is comprised of marijuana or marijuana concentrates and other ingredients and is intended for use or consumption, including, but not limited to, edible products and ointments;
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56	56	(14) "Marijuana product manufacturing facility" means a person licensed to purchase marijuana, manufacture, prepare and package marijuana products, and sell marijuana and marijuana products to marijuana product manufacturing facilities, marijuana lounges and retail marijuana stores;
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58	58	(15) "Marijuana retailer" means a person licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities in order to sell marijuana and marijuana products to consumers;
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60	60	(16) "Paraphernalia" means drug paraphernalia, as defined in section 21a-240 of the general statutes;
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62	62	(17) "Person" means a person, as defined in section 21a-240 of the general statutes;
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64	64	(18) "Possession limit" means the possession limit, as set forth in section 2 of this act;
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66	66	(19) "Primary caregiver" means primary caregiver, as defined in section 21a-408h of the general statutes; and
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68	68	(20) "Qualifying patient" means qualifying patient, as defined in section 21a-408h of the general statutes.
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70	70	Sec. 2. (NEW) (Effective from passage) (a) (1) A consumer may purchase or possess usable marijuana or marijuana products, provided no such consumer possesses (A) any such usable marijuana or marijuana product in a manner that is not secure from unauthorized access, including access by any person under twenty-one years of age, or (B) any such usable marijuana or marijuana product in an amount that exceeds such consumer's possession limit pursuant to subdivision (2) of this subsection.
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72	72	(2) (A) On and after the effective date of this section and until January 1, 2020, a consumer pursuant to subdivision (1) of this subsection may possess one ounce of usable marijuana, except that such consumer may not possess marijuana concentrates or marijuana products.
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74	74	(B) On and after January 1, 2020, a consumer pursuant to subdivision (1) of this subsection may possess one ounce of usable marijuana, not including marijuana concentrates; five grams of marijuana concentrates; marijuana products containing no more than five hundred milligrams of delta-9-tetrahydrocannabinol; six marijuana plants and any additional marijuana produced by the person's marijuana plants; provided any amount of marijuana in excess of one ounce in plant form and five grams of concentrated marijuana may only be possessed at the same residential location where the plants were cultivated pursuant to section 8 of this act.
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76	76	(b) Except as provided in chapter 420b or 420f of the general statutes, no person may purchase marijuana or marijuana products, except from an approved dispensary, a marijuana lounge or marijuana retailer.
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78	78	(c) No approved dispensary, marijuana lounge or marijuana retailer may sell any marijuana or marijuana product to any individual under twenty-one years of age. Each approved dispensary, marijuana retailer and marijuana lounge shall ensure that any sale pursuant to this section is conducted in accordance with section 30-86 of the general statutes, as amended by this act.
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80	80	(d) Any sales transaction made pursuant to this section shall be subject to the tax under chapter 219 of the general statutes.
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82	82	Sec. 3. (NEW) (Effective January 1, 2020) Notwithstanding any provision of the general statutes, no operator of a marijuana establishment, employee of any such establishment or consumer may be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege for the acquisition, distribution, possession, use or transportation of marijuana, marijuana products or paraphernalia related to marijuana in accordance with the provisions of sections 2 to 24, inclusive, of this act.
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84	84	Sec. 4. (NEW) (Effective from passage) Any marijuana, marijuana products or paraphernalia relating to marijuana or other property seized by law enforcement officials from a consumer or marijuana establishment in connection with the claimed use of marijuana under sections 2 to 24, inclusive, of this act, shall be returned to the consumer or marijuana establishment immediately upon the determination by a court that the consumer or marijuana establishment is in compliance with the provisions of sections 2 to 24, inclusive, of this act, as evidenced by a decision not to prosecute, a dismissal of charges or an acquittal. The provisions of this section do not apply to any person that fails to comply with the provisions of sections 2 to 24, inclusive, of this act.
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86	86	Sec. 5. (NEW) (Effective from passage) (a) Except as provided in chapter 420b or 420f of the general statutes and subsection (b) of this section, no person, other than an approved dispensary, may distribute, sell or dispense marijuana to a consumer.
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88	88	(b) Any consumer may offer to give or give no more than fifteen grams of usable marijuana, none of which may be marijuana concentrate or marijuana products, to another consumer.
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90	90	Sec. 6. (NEW) (Effective January 1, 2020) (a) Except as provided in chapter 420b or 420f of the general statutes and subsection (b) of this section, no person, other than a marijuana lounge or marijuana retailer, as provided in section 11 of this act, may sell usable marijuana or marijuana products to a consumer.
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92	92	(b) Any consumer may offer to give or give no more than an ounce of usable marijuana to another consumer, no more than five grams of which may be concentrate.
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94	94	(c) Any consumer may offer to give or give usable marijuana products containing no more than five hundred milligrams of delta-9-tetrahydrocannabinol to another consumer.
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96	96	Sec. 7. (NEW) (Effective from passage) Notwithstanding any provision of chapter 420b of the general statutes, a consumer may manufacture, possess or purchase paraphernalia related to marijuana or distribute or sell paraphernalia related to marijuana to another consumer.
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98	98	Sec. 8. (NEW) (Effective January 1, 2020) (a) No individual not licensed pursuant to section 10 of this act may cultivate more than six marijuana plants at any one time.
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100	100	(b) No such individual may cultivate marijuana plants, unless:
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102	102	(1) Such individual is twenty-one years of age or older;
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104	104	(2) Such individual takes reasonable precautions to ensure that the plants are secure from unauthorized access or access by any individual under twenty-one years of age; and
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106	106	(3) Any such cultivation is in a location where the plants are not subject to public view, including to view from another property, without the use of binoculars, aircraft or other optical aids.
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108	108	(c) No such individual may cultivate a marijuana plant on any property not lawfully in the person's possession. No more than twelve marijuana plants may be cultivated at any one time at a single residence.
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110	110	(d) Any individual who violates any provision of this section shall be subject to a civil penalty of not more than seven hundred fifty dollars.
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112	112	Sec. 9. (NEW) (Effective from passage) (a) Not later than thirty days after the effective date of this section, the Department of Consumer Protection shall accept applications from licensed producers, as defined in section 21a-408 of the general statutes, to become approved producers for the purposes of distributing marijuana to approved dispensaries for sale to consumers who are not qualifying patients or primary caregivers. Each application to be an approved producer shall be accompanied by a fee of fifteen thousand dollars.
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114	114	(b) The Department of Consumer Protection shall grant a producer's application to produce and distribute marijuana to approved dispensaries not later than thirty business days after receiving the completed application, unless:
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116	116	(1) The producer's license under section 21a-408i of the general statutes has been suspended or revoked;
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118	118	(2) The applicant failed to pay the application fee; or
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120	120	(3) The municipality in which the producer is located prohibited producers from operating as approved producers, pursuant to section 17 of this act.
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122	122	(c) The Liquor and Marijuana Control Commission, established under section 30-2 of the general statutes, as amended by this act, may suspend or terminate a producer's approval to sell marijuana to approved dispensaries for consumers if any of the following occur:
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124	124	(1) The approved producer fails to maintain an adequate supply of cannabis to serve the state's qualifying patients;
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126	126	(2) The approved producer raises its prices for cannabis for medical cannabis by more than the equivalent of inflation, based on the consumer price index for urban consumers; or
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128	128	(3) The approved producer violates any regulation adopted by the Department of Consumer Protection.
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130	130	(d) On or after one year from the effective date of this section, no approved producer may sell marijuana to a dispensary unless the approved producer has been granted a marijuana cultivator facility license under section 12 of this act, or a marijuana product manufacturing facility license under section 13 of this act.
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132	132	(e) The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54 of the general statutes, to provide for standards for approved producers.
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134	134	Sec. 10. (NEW) (Effective from passage) (a) Not later than sixty days after the effective date of this section, the Department of Consumer Protection shall accept applications from dispensaries to distribute marijuana to consumers who are not qualifying patients or primary caregivers. Each application to be an approved dispensary shall be accompanied by a fee of fifteen thousand dollars.
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136	136	(b) The department shall grant a dispensary's application to distribute marijuana to consumers not later than thirty business days after receiving a completed application, unless:
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138	138	(1) The dispensary's license under section 21a-408h of the general statutes has been suspended or revoked;
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140	140	(2) The applicant failed to pay the application fee; or
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142	142	(3) The municipality in which the dispensary is located prohibited dispensaries from operating as approved dispensaries, pursuant to section 17 of this act.
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144	144	(c) The Liquor and Marijuana Control Commission, established under section 30-2 of the general statutes, as amended by this act, may suspend or terminate a dispensary's approval to sell to marijuana to consumers if any of the following occur:
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146	146	(1) The approved dispensary fails to maintain an adequate supply of cannabis to serve the dispensary's qualifying patients;
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148	148	(2) The approved dispensary raises its prices for medical cannabis for qualifying patients by more than the equivalent of inflation, based on the consumer price index for urban consumers;
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150	150	(3) The approved dispensary fails to collect the surcharge as required by section 27 of this act;
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152	152	(4) The approved dispensary sells marijuana products or marijuana concentrate to consumers who are not qualifying patients or primary caregivers; or
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154	154	(5) The approved dispensary violates regulations adopted by the department.
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156	156	(d) On or after one year from the effective date of this section, no approved dispensary may sell to consumers who are not qualifying patients or primary caregivers, unless the dispensary has been granted a marijuana retailer license under section 11 of this act, or a marijuana lounge license under section 11 of this act.
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158	158	(e) The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54 of the general statutes, to provide for standards for approved dispensaries.
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160	160	Sec. 11. (NEW) (Effective from passage) (a) Not later than January 1, 2020, the Department of Consumer Protection shall begin issuing and renewing licenses for persons applying to be a marijuana lounge or marijuana retailer. No person may act as a marijuana lounge or marijuana retailer or represent that such person is a licensed retailer or lounge, unless such person has obtained a license from the department pursuant to this section.
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162	162	(b) The Commissioner of Consumer Protection shall determine the number of marijuana lounges and marijuana retailers appropriate to meet the needs of consumers and shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure and standards for marijuana lounges and marijuana retailers. On and after the effective date of such regulations, the commissioner may license any person that applies for a license in accordance with such regulations, provided the commissioner deems such applicant qualified to acquire, possess, distribute and dispense marijuana pursuant to sections 2 to 24, inclusive, of this act and the number of licenses issued does not exceed the number of marijuana lounges and marijuana retailers appropriate to meet the needs of consumers, as determined by the commissioner pursuant to this subsection. At a minimum, such regulations shall:
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164	164	(1) Indicate the maximum number of marijuana lounges and marijuana retailers that may be licensed in this state;
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166	166	(2) Provide that no marijuana or marijuana product may be dispensed from, obtained from or transferred to a location outside of this state;
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168	168	(3) Establish a nonrefundable application fee of not more than five thousand dollars for each application;
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170	170	(4) Establish a licensing fee and renewal fee for each licensed marijuana lounge or marijuana retailer, provided the aggregate amount of such fees and application fee shall be in an amount that is reasonably necessary to cover the direct and indirect cost of licensing and regulating marijuana retailers and marijuana lounges pursuant to sections 2 to 24, inclusive, of this act;
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172	172	(5) Provide for renewal of such marijuana lounge or marijuana retailer licenses at least every two years;
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174	174	(6) Describe any area in this state where licensed marijuana lounges or marijuana retailers may not be located, after considering the criteria for the location of retail liquor permit premises set forth in subsection (a) of section 30-46 of the general statutes;
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176	176	(7) Establish health, safety and security requirements for licensed marijuana lounge and marijuana retailers, which may include, but need not be limited to: (A) The ability to maintain adequate control against the diversion, theft and loss of marijuana acquired or possessed by the licensed marijuana lounge or marijuana retailer, and (B) the ability to maintain the knowledge, understanding, judgment, procedures, security controls and ethical standards to ensure optimal safety and accuracy in the distributing, dispensing and use of marijuana;
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178	178	(8) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of marijuana lounge or marijuana retailer licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes; and
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180	180	(9) Establish other licensing, renewal and operational standards deemed necessary by the commission.
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182	182	(c) Any fees collected by the commission under this section shall be paid to the State Treasurer and credited to the General Fund.
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184	184	Sec. 12. (NEW) (Effective from passage) (a) Not later than July 1, 2019, the Department of Consumer Protection shall begin issuing and renewing licenses for persons applying to be a marijuana cultivation facility. No person may act as a marijuana cultivation facility or represent that such person is a licensed marijuana cultivation facility unless such person has obtained a license from the commission pursuant to this section.
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186	186	(b) Not later than January 1, 2019, the Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure, standards and locations for marijuana cultivation facilities and specify the maximum number of such facilities that may be licensed in this state at any time. On and after the effective date of such regulations, the commissioner may license any person who applies for a license in accordance with such regulations, provided (1) such applicant is organized for the purpose of cultivating marijuana in this state, and (2) the commissioner finds that such applicant has appropriate expertise in agriculture and that such applicant is qualified to cultivate marijuana and sell, deliver, transport or distribute marijuana solely within this state pursuant to sections 2 to 24, inclusive, of this act. At a minimum, such regulations shall:
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188	188	(A) Create at least three tiers of cultivation facilities based on the size of the facility or the number of plants cultivated, provided applicants for outdoor cultivation shall be allowed to cultivate at least three times as large a canopy as indoor cultivators of the same tier;
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190	190	(B) Indicate the maximum number of marijuana cultivation facilities in the largest of the tiers that may be licensed at any time;
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192	192	(C) Provide that no marijuana may be sold, delivered, transported or distributed by a marijuana cultivation facility from or to a location outside of this state or directly to any consumer in this state;
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194	194	(D) Establish a nonrefundable application fee of not more than five thousand dollars for each application submitted for a marijuana cultivation facility license, provided the fee is not more than one thousand dollars for the smallest tier;
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196	196	(E) Establish a license fee and renewal fee for each licensed marijuana cultivation facility, provided the aggregate amount of application, licensing and renewal fees shall be less than an amount that is reasonably necessary to cover the direct and indirect cost of licensing and regulating marijuana cultivation facilities pursuant to sections 2 to 24, inclusive, of this act;
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198	198	(F) Provide for renewal of such marijuana cultivation facility licenses at least every two years;
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200	200	(G) Provide that no marijuana cultivation facility may cultivate marijuana for use outside of this state and designate permissible locations for licensed marijuana cultivation facilities in this state;
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202	202	(H) Establish financial requirements for the largest tier of marijuana cultivation facilities, under which each applicant demonstrates the financial capacity to build and operate a marijuana cultivation facility;
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204	204	(I) Establish health, safety and security requirements for licensed marijuana cultivation facilities, which shall include, but need not be limited to, a requirement that each applicant or licensed marijuana cultivation facility demonstrate: (i) The ability to maintain adequate control against the diversion, theft and loss of marijuana cultivated by the marijuana cultivation facility, and (ii) the ability to cultivate such marijuana in a secure manner;
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206	206	(J) Establish standards for revocation, suspension, summary suspension and nonrenewal of indoor and outdoor marijuana cultivation facility licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182; and
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208	208	(K) Establish other licensing, renewal and operational standards deemed necessary by the commission.
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210	210	(c) Any fees collected by the commission under this section shall be paid to the State Treasurer and credited to the General Fund.
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212	212	Sec. 13. (NEW) (Effective from passage) (a) Not later than October 1, 2019, the Department of Consumer Protection shall begin issuing and renewing marijuana product manufacturing licenses to persons applying for such licenses pursuant to this section. No person may act as a marijuana product manufacturing facility or represent that such person is a licensed marijuana product manufacturing facility unless such person has obtained a license from the commission pursuant to this section.
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214	214	(b) Not later than March 1, 2019, the Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure, standards and locations for marijuana product manufacturing facilities. On and after the effective date of such regulations, the commissioner may license any person who applies for a license in accordance with such regulations, provided (1) such person is organized for the purpose of manufacturing marijuana products in this state, and (2) the commissioner finds that such applicant is qualified to manufacture marijuana products and sell, deliver, transport or distribute such products solely within this state pursuant to sections 2 to 24, inclusive, of this act. At a minimum, such regulations shall:
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216	216	(A) Provide that no marijuana products may be sold, delivered, transported or distributed by a marijuana product manufacturing facility from or to a location outside of this state or directly to any consumer in this state;
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218	218	(B) Establish a nonrefundable application fee for each application submitted for a marijuana product manufacturing facility license, in an amount no greater than five thousand dollars;
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220	220	(C) Establish a license fee and renewal fee for each licensed marijuana product manufacturing facility, provided the aggregate amount of application, licensing and renewal fees shall be an amount that is reasonably necessary to cover the direct and indirect cost of licensing and regulating marijuana product manufacturing facilities pursuant to sections 2 to 24, inclusive, of this act;
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222	222	(D) Provide for renewal of marijuana product manufacturing facility licenses at least every two years;
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224	224	(E) Provide that no marijuana product manufacturing facility may manufacture products for distribution outside of this state and designate permissible locations for a licensed marijuana product manufacturing facility in this state;
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226	226	(F) Establish financial requirements for a marijuana product manufacturing facility, under which each applicant demonstrates the financial capacity to build and operate a marijuana product manufacturing facility;
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228	228	(G) Establish health and safety standards for the manufacture of marijuana products; and
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230	230	(H) Establish requirements for marijuana products' labels and packaging requirements, including, but not limited to, the following:
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232	232	(i) A disclosure concerning length of time it typically takes for the marijuana product to affect an individual;
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234	234	(ii) A list of ingredients and possible allergens;
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236	236	(iii) A nutritional fact panel, if such marijuana product is edible;
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238	238	(iv) An opaque, child-resistant packaging, which is designed or constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly as defined by 16 CFR 1700.20, as amended from time to time;
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240	240	(v) Identification of edible marijuana products, when practicable, with a standard symbol indicating that it contains marijuana;
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242	242	(vi) The license number of the marijuana cultivation facility;
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244	244	(vii) The license number of the marijuana product manufacturer;
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246	246	(viii) The batch number of the marijuana or marijuana product;
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248	248	(ix) A net weight statement;
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250	250	(x) Warning labels;
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252	252	(xi) A disclosure of any solvent used in the extraction process, if applicable; and
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254	254	(xii) A recommended use by or expiration date for marijuana or marijuana products.
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256	256	(I) Establish a definition of the amount of delta-9-tetrahydrocannabinol that constitutes a single serving in a marijuana product;
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258	258	(J) Establish standards for the safe manufacture of marijuana concentrates; and
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260	260	(K) Establish other licensing, renewal and operational standards deemed necessary by the commission.
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262	262	(c) Any fees collected by the commissioner under this section shall be paid to the State Treasurer and credited to the General Fund.
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264	264	Sec. 14. (NEW) (Effective from passage) (a) Except as provided in subsection (b) of this section, no person may act as a laboratory or a laboratory employee or represent that such person is a licensed laboratory or laboratory employee unless such person has obtained a license from the Commissioner of Consumer Protection pursuant to this section or section 21a-408r or 21a-246 of the general statutes.
265	265
266	266	(b) Prior to the effective date of regulations adopted under this section, the Commissioner of Consumer Protection may issue a temporary license to a laboratory or a laboratory employee. The commissioner shall prescribe the standards, procedures and fees for obtaining a temporary license as a laboratory or a laboratory employee.
267	267
268	268	(c) Not later than January 1, 2019, the Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to:
269	269
270	270	(1) Establish standards for the operation of laboratories, including requirements for equipment and qualifications for personnel;
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272	272	(2) Provide for the licensure of laboratories and laboratory employees;
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274	274	(3) Establish standards and procedures for the revocation, suspension, summary suspension, and nonrenewal of laboratory and laboratory employee licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes;
275	275
276	276	(4) Establish a license and renewal fee for each licensed laboratory and licensed laboratory employee, provided the aggregate amount of such application, license, and renewal fee shall be an amount reasonably necessary to cover the direct and indirect costs of licensing and regulating laboratories and laboratory employees in accordance with the provisions of this chapter, and establish other licensing, renewal and operational standards deemed necessary by the commissioner;
277	277
278	278	(5) Establish protocol for random sample testing and requirements for reporting results; testing shall include testing for residual solvents, poisons, toxins, harmful chemicals, dangerous molds or mildew, filth, harmful microbials such as E. Coli or salmonella and pesticides; and
279	279
280	280	(6) Establish other licensing, renewal and operational standards deemed necessary by the commissioner.
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282	282	(d) Not later than July 1, 2019, the Department of Consumer Protection shall begin licensing laboratories and laboratory employees in accordance with the provisions of this section.
283	283
284	284	(e) Any fees collected by the Department of Consumer Protection under this section shall be paid to the State Treasurer and credited to the General Fund.
285	285
286	286	Sec. 15. (NEW) (Effective from passage) (a) No laboratory employee may obtain or transport marijuana outside of this state in violation of state or federal law.
287	287
288	288	(b) Laboratory employees shall test samples of marijuana and marijuana products obtained from marijuana establishments for contaminants and potency. The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to establish testing protocol and requirements for reporting results.
289	289
290	290	Sec. 16. (NEW) (Effective from passage) The Department of Consumer Protection may, in its discretion, suspend, revoke or refuse to grant or renew any license under sections 11 to 24, inclusive, of this act, for the same reasons and using the same procedures as the department may use to suspend, revoke or refuse to grant a permit for the sale of alcoholic liquor pursuant to section 30-47 of the general statutes.
291	291
292	292	Sec. 17. (NEW) (Effective from passage) (a) Any town may, by town meeting or ordinance, prohibit or restrict in any manner the operation of a marijuana establishment within the limits of such town.
293	293
294	294	(b) Any town may, by town meeting or ordinance, allow for the operation of one or more marijuana lounges within the limits of such town.
295	295
296	296	(c) The Department of Consumer Protection shall refuse licenses to marijuana establishment, approved dispensaries and approved producers, (1) for locations in towns that have opted not to host such an establishment pursuant to subsection (a) of this section, or (2) where prohibited by the zoning ordinance of any town.
297	297
298	298	(d) The Department of Consumer Protection shall refuse a license to a marijuana lounge, unless such marijuana lounge will operate in a town that, pursuant to subsection (b) of this section, allows for such operation.
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300	300	Sec. 18. (NEW) (Effective from passage) (a) Notwithstanding any provision of the general statutes, the following acts, when performed by a marijuana lounge or marijuana retailer or an individual twenty-one years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana lounge or marijuana retailer, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:
301	301
302	302	(1) Possessing, displaying, storing or transporting marijuana or marijuana products;
303	303
304	304	(2) Purchasing marijuana from a marijuana cultivation facility;
305	305
306	306	(3) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility;
307	307
308	308	(4) Delivering or transferring marijuana or marijuana products to a laboratory; and
309	309
310	310	(5) Delivering, distributing or selling marijuana or marijuana products to consumers, marijuana lounges or marijuana retailers.
311	311
312	312	(b) Notwithstanding any provision of the general statutes, the following acts, when performed by an approved dispensary or an individual who is acting in his or her capacity as an owner, employee, or agent of such a dispensary, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:
313	313
314	314	(1) Purchasing marijuana from a marijuana cultivation facility or an approved producer;
315	315
316	316	(2) Delivering or transferring marijuana or marijuana products to a laboratory; and
317	317
318	318	(3) Delivering, distributing or selling marijuana to consumers, provided (A) no more than fifteen grams of marijuana may be delivered to a consumer other than a qualifying patient or primary caregiver in a single transaction, and (B) a dispensary may not knowingly dispense an amount that causes a consumer other than a qualifying patient or primary caregiver to possess more than fifteen grams of marijuana.
319	319
320	320	(c) Notwithstanding any provision of the general statutes, the following acts, when performed by a marijuana cultivation facility or an individual twenty-one years of age or older who is acting in his or her capacity as an owner, employee or agent of a marijuana cultivation facility, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:
321	321
322	322	(1) Cultivating, harvesting, processing, packaging, transporting, displaying, storing or possessing marijuana;
323	323
324	324	(2) Delivering or transferring marijuana to a laboratory;
325	325
326	326	(3) Delivering, distributing or selling marijuana to a marijuana cultivation facility, marijuana product manufacturing facility, a marijuana lounge, a marijuana retailer, a dispensary or an approved dispensary;
327	327
328	328	(4) Receiving or purchasing marijuana from a marijuana cultivation facility; and
329	329
330	330	(5) Receiving marijuana seeds or immature marijuana plants from an individual twenty-one years of age or older or an approved producer.
331	331
332	332	(d) Notwithstanding any provision of the general statutes, the following acts, when performed by an approved producer or an individual twenty-one years of age or older who is acting in his or her capacity as an owner, employee, or agent of an approved producer, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:
333	333
334	334	(1) Cultivating, harvesting, processing, packaging, transporting, displaying, storing or possessing marijuana;
335	335
336	336	(2) Delivering or transferring marijuana to a laboratory;
337	337
338	338	(3) Delivering, distributing or selling marijuana to an approved dispensary; and
339	339
340	340	(4) Receiving marijuana seeds or immature marijuana plants from an individual twenty-one years of age or older or an approved producer.
341	341
342	342	(e) Notwithstanding any other provision of law, the following acts, when performed by a marijuana product manufacturing facility or an individual twenty-one years of age or older who is acting in his or her capacity as an owner, employee, or agent of a marijuana product manufacturing facility, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:
343	343
344	344	(1) Packaging, processing, transporting, manufacturing, displaying or possessing marijuana or marijuana products;
345	345
346	346	(2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility;
347	347
348	348	(3) Delivering or selling marijuana or marijuana products to a marijuana lounge, marijuana retailer or marijuana product manufacturing facility;
349	349
350	350	(4) Purchasing marijuana from a marijuana cultivation facility; and
351	351
352	352	(5) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility.
353	353
354	354	(f) Notwithstanding any other provision of law, the following acts, when performed by a laboratory or an individual twenty-one years of age or older who is acting in his or her capacity as an owner, employee or agent of a laboratory, are not unlawful and shall not be an offense or a basis for seizure or forfeiture of assets:
355	355
356	356	(1) Possessing, cultivating, processing, repackaging, storing, transporting or displaying marijuana or marijuana products;
357	357
358	358	(2) Receiving marijuana or marijuana products from a marijuana establishment, a dispensary or an individual twenty-one years of age or older; and
359	359
360	360	(3) Returning marijuana or marijuana products to a marijuana establishment or an individual twenty-one years of age or older.
361	361
362	362	(g) No provision of this section prevents the imposition of penalties for violating sections 2 to 24, inclusive, of this act or regulations adopted to carry out the provisions of sections 2 to 24, inclusive, of this act.
363	363
364	364	Sec. 19. (NEW) (Effective from passage) (a) Not later than January 1, 2019, the Department of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of sections 2 to 24, inclusive, of this act. At a minimum, such regulations shall include:
365	365
366	366	(1) Requirements for fingerprint-based criminal history records checks for all owners, officers, managers, contractors, employees and other support staff of marijuana establishments, provided misdemeanor and infraction-level drug offenses shall not disqualify an individual from serving as an owner, officer, manager, contractor, employee or support staff of marijuana establishments;
367	367
368	368	(2) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment;
369	369
370	370	(3) Procedures and policies to promote and encourage full participation in the regulated marijuana industry by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement and to positively impact those communities;
371	371
372	372	(4) Security requirements including lighting, physical security, video and alarm requirements, which (A) may differ based on the tier of the marijuana cultivation facility or marijuana product manufacturing facility, and (B) shall include the ability to maintain (i) adequate control against the diversion, theft and loss of marijuana acquired or possessed by the licensed marijuana retailer or marijuana lounge, and (ii) the knowledge, understanding, judgment, procedures, security controls and ethics to ensure optimal safety and accuracy in the distributing, dispensing and use of marijuana;
373	373
374	374	(5) Requirements for the transportation and storage of marijuana and marijuana products by marijuana establishments;
375	375
376	376	(6) Employment and training requirements, including a requirement that each marijuana establishment create an identification badge for each employee or agent;
377	377
378	378	(7) Requirements designed to prevent the sale or diversion of marijuana and marijuana products to persons under twenty-one years of age;
379	379
380	380	(8) Requirements for marijuana labels and packaging requirements;
381	381
382	382	(9) Restrictions on advertising, marketing and signage, including, but not limited to, a prohibition on mass-market campaigns that have a high likelihood of reaching children;
383	383
384	384	(10) Restrictions on the display of marijuana and marijuana products to ensure that marijuana and marijuana products may not be displayed in a manner that is visible to the general public from a public right-of-way;
385	385
386	386	(11) Restrictions or prohibitions on additives to marijuana and marijuana products, including, but not limited to, those that are toxic, designed to make the product more addictive, designed to make the product more appealing to children or misleading to consumers. The prohibition may not extend to common baking and cooking items;
387	387
388	388	(12) Protocols governing visits to marijuana cultivation facilities and marijuana product manufacturing facilities, including requiring the marijuana establishment to maintain a log of visitors;
389	389
390	390	(13) Requirements that educational materials be disseminated to consumers who purchase marijuana or marijuana products; and
391	391
392	392	(14) Civil penalties for the failure to comply with regulations made pursuant to sections 2 to 24, inclusive, of this act.
393	393
394	394	(b) No regulation enacted pursuant to sections 2 to 24, inclusive, of this act shall require a consumer to provide a marijuana lounge or marijuana retailer with personal information other than government issued identification to determine the consumer's age or a marijuana lounge or marijuana retailer to acquire and record personal information about consumers.
395	395
396	396	Sec. 20. (NEW) (Effective from passage) (a) Except as provided in this section, the provisions of sections 2 to 24, inclusive, of this act, do not require any person that occupies, owns or controls a property to allow the consumption, cultivation, display, sale or transfer of marijuana on or in that property.
397	397
398	398	(b) No landlord may prohibit a tenant from possessing marijuana pursuant to section 2 of this act in any dwelling unit or on the premises of such dwelling unit that such landlord rents to the tenant. A landlord may, in accordance with section 47a-9 of the general statutes, prohibit smoking or open display or cultivation of marijuana in any dwelling or the premises of such dwelling.
399	399
400	400	(c) For the purposes of this section, "dwelling unit", "landlord" and "tenant" have the same meanings as provided in section 47a-1 of the general statutes.
401	401
402	402	Sec. 21. (NEW) (Effective from passage) (a) No person may smoke or otherwise consume marijuana or marijuana products in any place where such person is prohibited from smoking pursuant to section 19a-342 of the general statutes or on any public street or highway or any other public place.
403	403
404	404	(b) Any person found guilty of smoking or otherwise consuming marijuana or marijuana products in violation of this section shall have committed an infraction.
405	405
406	406	Sec. 22. (NEW) (Effective July 1, 2019) (a) No employer is required to make accommodations for an employee or allow an employee to (1) perform his or her duties while under the influence of marijuana, or (2) possess marijuana while performing such duties.
407	407
408	408	(b) For the purposes of this section, "employer" means a person engaged in business who has one or more employees, including the state and any political subdivision of the state.
409	409
410	410	Sec. 23. (NEW) (Effective from passage) (a) A holder of any professional or occupational license may not be subject to arrest, prosecution or professional discipline for providing advice or services related to marijuana establishments or applications to operate marijuana establishments on the basis that marijuana is illegal under federal law.
411	411
412	412	(b) An applicant for any professional or occupational license may not be denied a license based on previous employment related to marijuana establishments operating in accordance with state law.
413	413
414	414	Sec. 24. (NEW) (Effective from passage) All contracts related to the operation of a marijuana establishment licensed under sections 9 to 18, inclusive, of this act, should be enforceable. No contract entered into by a licensed marijuana establishment or its employees or agents as permitted pursuant to a valid license, or by those who allow property to be used by an establishment, its employees, or its agents as permitted pursuant to a valid license, shall be unenforceable on the basis that cultivating, obtaining, manufacturing, distributing, dispensing, transporting, selling, possessing or using marijuana is prohibited by federal law.
415	415
416	416	Sec. 25. Subdivision (120) of section 12-412 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
417	417
418	418	(120) On and after April 1, 2015, sales of the following nonprescription drugs or medicines available for purchase for use in or on the body: Vitamin or mineral concentrates; dietary supplements; natural or herbal drugs or medicines, including marijuana sold under the provisions of chapter 420f; products intended to be taken for coughs, cold, asthma or allergies, or antihistamines; laxatives; antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral and antifungal medicines; antiseptics; astringents; anesthetics; steroidal medicines; anthelmintics; emetics and antiemetics; antacids; and any medication prepared to be used in the eyes, ears or nose. Nonprescription drugs or medicines shall not include cosmetics, dentrifrices, mouthwash, shaving and hair care products, soaps or deodorants.
419	419
420	420	Sec. 26. (NEW) (Effective from passage) (a) As used in this section:
421	421
422	422	(1) "Approved dispensary" means an approved dispensary, as defined in section 1 of this act;
423	423
424	424	(2) "Consumer" means consumer, as defined in section 1 of this act;
425	425
426	426	(3) "Primary caregiver" means primary caregiver who is registered under section 21a-408d, of the general statutes; and
427	427
428	428	(4) "Qualifying patient" means qualifying patient who is registered under section 21a-408d of the general statutes.
429	429
430	430	(b) (1) Commencing with the effective date of this section and ending January 1, 2020, except as provided in this section, there shall be paid to the Commissioner of Revenue Services by each approved dispensary a surcharge of twenty-five hundredths of its gross receipts for all sales to consumers. The surcharge shall not apply to sales to qualifying patients or their primary caregivers for purchases in the amounts allowed by the Department of Consumer Protection under chapter 420f of the general statutes.
431	431
432	432	(2) Each approved dispensary shall register with the Commissioner of Revenue Services on forms prescribed by the commissioner. No approved dispensary may sell marijuana to consumers who are not primary caregivers or qualifying patients unless it is registered with the commissioner in accordance with the provisions of this subsection.
433	433
434	434	(3) Any approved dispensary that fails to register with the commissioner in accordance with the provisions of this subsection shall pay a penalty of one thousand dollars, which penalty shall not be subject to waiver.
435	435
436	436	(4) Each approved dispensary shall submit a return quarterly to the Commissioner of Revenue Services, applicable with respect to the calendar quarter beginning after the dispensary receives approval to sell to consumers, and each calendar quarter thereafter, on or before the last day of the month immediately following the end of each such calendar quarter, on a form prescribed by the commissioner, together with payment of the quarterly surcharge determined and payable in accordance with the provisions of this section. Whenever such surcharge is not paid when due, a penalty of ten per cent of the amount due or fifty dollars, whichever is greater, shall be imposed, and such surcharge shall bear interest at the rate of one per cent per month or fraction thereof until the same is paid. The Commissioner of Revenue Services shall cause copies of a form prescribed for submitting returns as required under this section to be distributed to persons subject to the surcharge. Failure to receive such form shall not be construed to relieve anyone subject to the surcharge under this section from the obligations of submitting a return, together with payment of such surcharge, within the time required. The provisions of sections 12-548 to 12-554, inclusive, of the general statutes, and sections 12-555a and 12-555b of the general statutes, shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of sections 12-548 to 12-554, inclusive, of the general statutes and sections 12-555a and 12-555b of the general statutes had been incorporated in full into this section and had expressly referred to the surcharge imposed under this section, except to the extent that any such provision is inconsistent with a provision of this section and except that the term "tax" shall be read as "marijuana and marijuana products surcharge".
437	437
438	438	(c) Any moneys received by the state pursuant to this section shall be deposited into the General Fund.
439	439
440	440	Sec. 27. (NEW) (Effective from passage) (a) As used in this section: (1) "Marijuana lounge" means marijuana lounge, as defined in section 1 of this act, (2) "marijuana retailer" means marijuana retailer, as defined in section 1 of this act, (3) "marijuana" means marijuana, as defined in section 21a-240 of the general statutes, and (4) "marijuana product manufacturer" means marijuana product manufacturer, as defined in section 1 of this act.
441	441
442	442	(b) (1) Commencing one year after the effective date of this section, there shall be paid to the Commissioner of Revenue Services by each marijuana lounge, marijuana retailer or marijuana product manufacturer, a surcharge of fifty dollars per ounce of marijuana flowers purchased from a marijuana cultivator and fifteen dollars per ounce for all other marijuana purchased from a marijuana cultivator. Each marijuana lounge, marijuana retailer or marijuana product manufacturer, shall register with the Commissioner of Revenue Services on forms prescribed by the commissioner. Each marijuana lounge, marijuana retailer or marijuana product manufacturer that is registered with the commissioner shall renew its registration with the commissioner on October first of each year in such manner as the commissioner may prescribe. The commissioner shall send a nonrenewal notice by first class mail to each marijuana lounge, marijuana retailer or marijuana product manufacturer that fails to renew its registration in accordance with the provisions of this subsection. No marijuana lounge, marijuana retailer or marijuana product manufacturer, may engage in or transact business as a marijuana lounge or marijuana retailer unless it is registered with the commissioner in accordance with the provisions of this subsection.
443	443
444	444	(2) (A) Any marijuana lounge, marijuana retailer or marijuana product manufacturer that fails to register with the commissioner in accordance with the provisions of this subsection shall pay a penalty of one thousand dollars, which penalty shall not be subject to waiver.
445	445
446	446	(B) Any marijuana lounge, marijuana retailer or marijuana product manufacturer that fails to renew its registration within forty-five days after a nonrenewal notice was sent pursuant to subdivision (1) of this subsection shall pay a penalty of two hundred dollars, which the commissioner may waive in the manner set forth in section 12-3a of the general statutes, when it is proven to the commissioner's satisfaction that the failure to register was due to reasonable cause and was not intentional or due to neglect. No penalty may be assessed under this subparagraph more than once during any registration period.
447	447
448	448	(3) Each marijuana lounge, marijuana retailer or marijuana product manufacturer shall submit a return quarterly to the Commissioner of Revenue Services, applicable with respect to the calendar quarter beginning January 1, 2019, and each calendar quarter thereafter, on or before the last day of the month immediately following the end of each such calendar quarter, on a form prescribed by the commissioner, together with payment of the quarterly surcharge determined and payable in accordance with the provisions of this section. Whenever such surcharge is not paid when due, a penalty of ten per cent of the amount due or fifty dollars, whichever is greater, shall be imposed, and such surcharge shall bear interest at the rate of one per cent per month or fraction thereof until the same is paid. The Commissioner of Revenue Services shall cause copies of a form prescribed for submitting returns as required under this section to be distributed to persons subject to the surcharge. Failure to receive such form shall not be construed to relieve anyone subject to the surcharge under this section from the obligations of submitting a return, together with payment of such surcharge within the time required. The provisions of sections 12-548 to 12-554, inclusive, of the general statutes, and sections 12-555a and 12-555b of the general statutes, shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of sections 12-548 to 12-554, inclusive, of the general statutes and sections 12-555a and 12-555b of the general statutes had been incorporated in full into this section and had expressly referred to the surcharge imposed under this section, except to the extent that any such provision is inconsistent with a provision of this section and except that the term "tax" shall be read as "marijuana and marijuana products surcharge."
449	449
450	450	(c) Any moneys received by the state pursuant to this section shall be deposited into the General Fund.
451	451
452	452	Sec. 28. Section 53a-213 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
453	453
454	454	(a) A person is guilty of drinking alcoholic liquor or smoking or otherwise consuming marijuana or marijuana products while operating a motor vehicle when [he] such person drinks any alcoholic liquor or smokes or otherwise consumes marijuana or marijuana products while operating a motor vehicle upon a public highway of this state or upon any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more, or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property. As used in this section, "alcoholic liquor" has the same meaning as provided in section 30-1, as amended by this act, and "marijuana" has the same meaning as provided in section 21a-240 and "marijuana products" has the same meaning as provided in section 1 of this act.
455	455
456	456	(b) Drinking alcoholic liquor or smoking or otherwise consuming marijuana or marijuana products while operating a motor vehicle is a class C misdemeanor.
457	457
458	458	Sec. 29. Subsection (b) of section 21a-277 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):
459	459
460	460	(b) (1) No person may manufacture, distribute, sell, prescribe, dispense, compound, transport with the intent to sell or dispense, possess with the intent to sell or dispense, offer, give or administer to another person, except as authorized in this chapter, [or] chapter 420f or sections 2 to 19, inclusive, of this act, any controlled substance other than a (A) narcotic substance, or (B) hallucinogenic substance.
461	461
462	462	(2) Any person who violates subdivision (1) of this subsection (A) for a first offense, may be fined not more than twenty-five thousand dollars or imprisoned not more than seven years, or be both fined and imprisoned, and (B) for any subsequent offense, may be fined not more than one hundred thousand dollars or imprisoned not more than fifteen years, or be both fined and imprisoned.
463	463
464	464	Sec. 30. Subsection (b) of section 21a-278 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):
465	465
466	466	(b) (1) No person may manufacture, distribute, sell, prescribe, dispense, compound, transport with the intent to sell or dispense, possess with the intent to sell or dispense, offer, give or administer to another person, except as authorized in this chapter, [or] chapter 420f or sections 2 to 19, inclusive, of this act, (A) a narcotic substance, (B) a hallucinogenic substance, (C) an amphetamine-type substance, or (D) one kilogram or more of a cannabis-type substance. The provisions of this subdivision shall not apply to a person who is, at the time of the commission of the offense, a drug-dependent person.
467	467
468	468	(2) Any person who violates subdivision (1) of this subsection (A) for a first offense, shall be imprisoned not less than five years or more than twenty years, and (B) for any subsequent offense, shall be imprisoned not less than ten years or more than twenty-five years. The execution of the mandatory minimum sentence imposed by the provisions of this subdivision shall not be suspended, except that the court may suspend the execution of such mandatory minimum sentence if, at the time of the commission of the offense, such person was under the age of eighteen years or such person's mental capacity was significantly impaired, but not so impaired as to constitute a defense to prosecution.
469	469
470	470	Sec. 31. Subsection (a) of section 21a-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
471	471
472	472	(a) (1) Any person who possesses or has under such person's control any quantity of any controlled substance, except less than one-half ounce of a cannabis-type substance and except as authorized in this chapter or chapter 420f or sections 2 to 24, inclusive, of this act, shall be guilty of a class A misdemeanor.
473	473
474	474	(2) For a second offense of subdivision (1) of this subsection, the court shall evaluate such person and, if the court determines such person is a drug-dependent person, the court may suspend prosecution of such person and order such person to undergo a substance abuse treatment program.
475	475
476	476	(3) For any subsequent offense of subdivision (1) of this subsection, the court may find such person to be a persistent offender for possession of a controlled substance in accordance with section 53a-40.
477	477
478	478	Sec. 32. Subsection (a) of section 21a-279a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
479	479
480	480	(a) Any person who possesses or has under his or her control less than one-half ounce of a cannabis-type substance, as defined in section 21a-240, except as authorized in this chapter, chapter 420f and sections 2 to 24, inclusive, of this act, shall (1) for a first offense, be fined one hundred fifty dollars, and (2) for a subsequent offense, be fined not less than two hundred dollars or more than five hundred dollars.
481	481
482	482	Sec. 33. Section 30-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
483	483
484	484	(a) As used in this section:
485	485
486	486	(1) "Cardholder" means any person who presents a driver's license or an identity card to a permittee or permittee's agent or employee, to purchase or receive alcoholic liquor from such permittee or permittee's agent or employee;
487	487
488	488	(2) "Identity card" means an identification card issued in accordance with the provisions of section 1-1h, as amended by this act;
489	489
490	490	(3) "Transaction scan" means the process by which a permittee or permittee's agent or employee checks, by means of a transaction scan device, the validity of a driver's license or an identity card; [and]
491	491
492	492	(4) "Transaction scan device" means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's license or an identity card;
493	493
494	494	(5) "Licensee" means a marijuana lounge, marijuana retailer or approved dispensary, as defined in section 1 of this act;
495	495
496	496	(6) "Approved dispensary" means approved dispensary, as defined in section 1 of this act;
497	497
498	498	(7) "Marijuana" means marijuana, as defined in section 21a-240; and
499	499
500	500	(8) "Marijuana product" means marijuana product, as defined in section 1 of this act.
501	501
502	502	(b) (1) Any permittee or licensee or any servant or agent of a permittee or licensee who sells or delivers alcoholic liquor, marijuana or a marijuana product to any minor or any intoxicated person, or to any habitual drunkard, knowing the person to be such an habitual drunkard, shall be subject to the penalties of section 30-113.
503	503
504	504	(2) Any person who sells, ships, delivers or gives alcoholic liquor, marijuana or a marijuana product to a minor, by any means, including, but not limited to, the Internet or any other on-line computer network, except on the order of a practicing physician, shall be fined not more than three thousand five hundred dollars or imprisoned not more than eighteen months, or both.
505	505
506	506	(3) The provisions of this subsection shall not apply (A) to a sale, shipment or delivery made to a person over age eighteen who is an employee or permit holder under section 30-90a and where such sale, shipment or delivery is made in the course of such person's employment or business, (B) to a sale, shipment or delivery made in good faith to a minor who practices any deceit in the procurement of an identity card issued in accordance with the provisions of section 1-1h, as amended by this act, who uses or exhibits any such identity card belonging to any other person or who uses or exhibits any such identity card that has been altered or tampered with in any way, or (C) to a shipment or delivery made to a minor by a parent, guardian or spouse of the minor, provided such parent, guardian or spouse has attained the age of twenty-one and provided such minor possesses such alcoholic liquor while accompanied by such parent, guardian or spouse.
507	507
508	508	(4) Nothing in this subsection shall be construed to burden a person's exercise of religion under section 3 of article first of the Constitution of the state in violation of subsection (a) of section 52-571b.
509	509
510	510	(c) (1) A permittee or licensee or permittee's or licensee's agent or employee may perform a transaction scan to check the validity of a driver's license or identity card presented by a cardholder as a condition for selling, giving away or otherwise distributing alcoholic liquor, marijuana or a marijuana product to the cardholder.
511	511
512	512	(2) If the information deciphered by the transaction scan performed under subdivision (1) of this subsection fails to match the information printed on the driver's license or identity card presented by the cardholder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the permittee or licensee nor any permittee's or licensee's agent or employee shall sell, give away or otherwise distribute any alcoholic liquor, marijuana or marijuana product to the cardholder.
513	513
514	514	(3) Subdivision (1) of this subsection does not preclude a permittee or licensee or permittee's or licensee's agent or employee from using a transaction scan device to check the validity of a document presented as identification other than a driver's license or an identity card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing alcoholic liquor, marijuana or a marijuana product to the person presenting the document.
515	515
516	516	(d) (1) No permittee or permittee's agent or employee shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following: (A) The name and date of birth of the person listed on the driver's license or identity card presented by a cardholder; (B) the expiration date and identification number of the driver's license or identity card presented by a cardholder.
517	517
518	518	(2) No licensee or licensee's agent or employee shall (A) electronically or mechanically record or maintain any information derived from a transaction scan or otherwise obtained from the driver's license or identity card presented by a cardholder, or (B) use a transaction scan device for a purpose other than the purposes specified in subsection (c) of this section.
519	519
520	520	[(2)] (3) No permittee or permittee's agent or employee shall use a transaction scan device for a purpose other than the purposes specified in subsection (c) of this section, subsection (d) of section 53-344 or subsection (e) of section 53-344b.
521	521
522	522	[(3)] (4) No permittee or licensee or permittee's or licensee's agent or employee shall sell or otherwise disseminate the information derived from a transaction scan to any third party for any purpose, including, but not limited to, any marketing, advertising or promotional activities, except that a permittee or permittee's agent or employee may release that information pursuant to a court order.
523	523
524	524	[(4)] (5) Nothing in subsection (c) of this section or this subsection relieves a permittee or licensee or permittee's or licensee's agent or employee of any responsibility to comply with any other applicable state or federal laws or rules governing the sale, giving away or other distribution of alcoholic liquor, marijuana or marijuana products.
525	525
526	526	[(5)] (6) Any person who violates this subsection shall be subject to a civil penalty of not more than one thousand dollars.
527	527
528	528	(e) (1) In any prosecution of a permittee or licensee or permittee's or licensee's agent or employee for selling alcoholic liquor, marijuana or a marijuana product to a minor in violation of subsection (b) of this section, it shall be an affirmative defense that all of the following occurred: (A) A cardholder attempting to purchase or receive alcoholic liquor, marijuana or a marijuana product presented a driver's license or an identity card; (B) a transaction scan of the driver's license or identity card that the cardholder presented indicated that the license or card was valid; and (C) the alcoholic liquor, marijuana or marijuana product was sold, given away or otherwise distributed to the cardholder in reasonable reliance upon the identification presented and the completed transaction scan.
529	529
530	530	(2) In determining whether a permittee or licensee or permittee's or licensee's agent or employee has proven the affirmative defense provided by subdivision (1) of this subsection, the trier of fact in such prosecution shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a permittee or licensee or permittee's or licensee's agent or employee to exercise reasonable diligence and that the use of a transaction scan device does not excuse a permittee or licensee or permittee's or licensee's agent or employee from exercising such reasonable diligence to determine the following: (A) Whether a person to whom the permittee or licensee or permittee's or licensee's agent or employee sells, gives away or otherwise distributes alcoholic liquor, marijuana or marijuana product is twenty-one years of age or older; and (B) whether the description and picture appearing on the driver's license or identity card presented by a cardholder are those of the cardholder.
531	531
532	532	Sec. 34. Section 30-88a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
533	533
534	534	Each person who attains the age of twenty-one years and has a motor vehicle operator's license, containing a full-face photograph of such person, may use, and each permittee or licensee may accept, such license as legal proof of the age of the licensee for the purposes of this chapter and section 5 or 6 of this act. Any person who, for the purpose of procuring alcoholic liquor or marijuana or marijuana products, misrepresents his or her age or uses or exhibits an operator's license belonging to any other person shall be fined not less than two hundred dollars or more than five hundred dollars or imprisoned not more than thirty days, or both. For the purposes of this section, "licensee", "marijuana" and "marijuana product" have the same meanings as provided in section 30-86, as amended by this act.
535	535
536	536	Sec. 35. Subsection (d) of section 1-1h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
537	537
538	538	(d) The Commissioner of Motor Vehicles, in consultation with the Liquor and Marijuana Control Commission, shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section and section 30-86, as amended by this act.
539	539
540	540	Sec. 36. Section 21a-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
541	541
542	542	The following boards shall be within the Department of Consumer Protection:
543	543
544	544	(1) The Architectural Licensing Board established under chapter 390;
545	545
546	546	(2) Repealed by P.A. 93-151, S. 3, 4;
547	547
548	548	(3) The examining boards for electrical work; plumbing and piping work; heating, piping, cooling and sheet metal work; elevator installation, repair and maintenance work; fire protection sprinkler systems work and automotive glass work and flat glass work, established under chapter 393;
549	549
550	550	(4) Repealed by P.A. 99-73, S. 10;
551	551
552	552	(5) The Commission of Pharmacy established under chapter 400j;
553	553
554	554	(6) The State Board of Landscape Architects established under chapter 396;
555	555
556	556	(7) Deleted by P.A. 98-229;
557	557
558	558	(8) The State Board of Examiners for Professional Engineers and Land Surveyors established under chapter 391;
559	559
560	560	(9) Repealed by P.A. 80-484, S. 175, 176;
561	561
562	562	(10) The Connecticut Real Estate Commission established under chapter 392;
563	563
564	564	(11) The Connecticut Real Estate Appraisal Commission established under chapter 400g;
565	565
566	566	(12) The State Board of Examiners of Shorthand Reporters established under chapter 400l;
567	567
568	568	(13) The Liquor and Marijuana Control Commission established under chapter 545;
569	569
570	570	(14) Repealed by P.A. 06-187, S. 99;
571	571
572	572	(15) The Home Inspection Licensing Board established under section 20-490a; and
573	573
574	574	(16) The State Board of Accountancy established under section 20-280.
575	575
576	576	Sec. 37. Subdivision (10) of section 30-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
577	577
578	578	(10) "Commission" means the Liquor and Marijuana Control Commission and "department" means the Department of Consumer Protection.
579	579
580	580	Sec. 38. Section 30-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
581	581
582	582	There shall be a Liquor and Marijuana Control Commission composed of three commissioners, one of whom shall be the Commissioner of Consumer Protection, appointed by the Governor in accordance with section 4-9a. The Commissioner of Consumer Protection shall be the chairman of the commission. The Governor shall fill any vacancy for the unexpired portion of the term. Not more than two commissioners shall be of the same political party. Each commissioner shall take the oath prescribed for executive officers. The Governor may remove any commissioner as provided in section 4-12.
583	583
584	584	Sec. 39. Section 30-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
585	585
586	586	No commissioner of the Liquor and Marijuana Control Commission and no employee of the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, as amended by this act, and the regulations enacted thereunder may, directly or indirectly, individually or as a member of a partnership or as a shareholder of a corporation, have any interest whatsoever in dealing in or in the manufacture of alcoholic liquor, nor receive any commission or profit whatsoever from nor have any interest whatsoever in the purchases or sales made by the persons authorized by this chapter to purchase or sell alcoholic liquor. No provision of this section shall prevent any such commissioner or employee from purchasing and keeping in his possession, for the personal use of himself or members of his family or guests, any alcoholic liquor which may be purchased or kept by any person by virtue of this chapter.
587	587
588	588	Sec. 40. Section 30-35b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
589	589
590	590	A ninety-day provisional permit shall allow the retail sale or manufacture of alcoholic liquor by any applicant and his backer, if any, who has made application for a liquor permit pursuant to section 30-39 and may be issued at the discretion of the Liquor and Marijuana Control Commission. If said applicant or his backer, if any, causes any delay in the investigation conducted by the Department of Consumer Protection pursuant to said section, the ninety-day provisional permit shall cease immediately. Only one such permit shall be issued to any applicant and his backer, if any, for each location of the club or place of business which is to be operated under such permit and such permit shall be nonrenewable but may be extended due to delays not caused by the applicant. The fee for such ninety-day permit shall be five hundred dollars.
591	591
592	592	Sec. 41. (NEW) (Effective from passage) In the case of an operator of a motor vehicle or vessel suspected of operating a motor vehicle or vessel under the influence of an intoxicating drug under section 14-227a, 14-227b, 14-227m, 14-227n or 15-133 of the general statutes, an analysis of such operator's blood that reveals such blood contains five nanograms or more of delta-9-tetrahydrocannabinol per milliliter in whole blood, shall give rise to a permissible inference that the operator was under the influence of an intoxicating drug while operating a motor vehicle or vessel under section 14-227a, 14-227b, 14-227m, 14-227n or 15-133 of the general statutes.
593	593
594	594	Sec. 42. (NEW) (Effective from passage) As used in this section and sections 43 to 46, inclusive, of this act:
595	595
596	596	(1) "Department" means the Department of Agriculture;
597	597
598	598	(2) "Hemp" means the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed three-tenths per cent on a dry weight basis of any part of the plant cannabis, or per volume or weight of marijuana product, or the combined per cent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of moisture content; and
599	599
600	600	(3) "Hemp products" means all products made from hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, construction materials, plastics, seed, seed meal, seed oil and certified seed for cultivation.
601	601
602	602	Sec. 43. (NEW) (Effective from passage) Hemp grown as a crop, produced, possessed and commercially traded in this state pursuant to the provisions of this section and sections 44 to 46, inclusive, of this act, shall be an agricultural product of this state.
603	603
604	604	Sec. 44. (NEW) (Effective from passage) (a) Except as provided in this section, an individual who intends to grow hemp shall register with the department and submit on a form provided by the department the following:
605	605
606	606	(1) The name and address of the individual;
607	607
608	608	(2) A statement that the seeds obtained for planting are of a type and variety that do not exceed the maximum concentration of delta-9-tetrahydrocannabinol set forth in this section; and
609	609
610	610	(3) The location and acreage of all parcels sown and other field reference information as may be required by the state.
611	611
612	612	(b) An individual registered with the department pursuant to this section shall allow hemp crops, throughout sowing, growing season, harvest, storage and processing, to be inspected and tested by and at the discretion of the department.
613	613
614	614	(c) The department may assess an annual registration fee of one hundred dollars for the performance of its duties under this section.
615	615
616	616	Sec. 45. (NEW) (Effective from passage) (a) The department may adopt regulations in accordance with the provisions of chapter 54 of the general statutes to carry out the provisions of section 44 of this act. Such regulations may include may require hemp to be tested during growth for tetrahydrocannabinol levels and inspection and supervision of hemp during sowing, growing season, harvest, storage and processing.
617	617
618	618	(b) The department shall adopt regulations in accordance with the provisions of chapter 54 of the general statutes that ensure hemp is grown a sufficient distance from marijuana cultivation facilities to avoid cross-pollination.
619	619
620	620	(c) The department shall not adopt any regulation that would prohibit a person to grow hemp based on the legal status of hemp under federal law.
621	621
622	622	Sec. 46. (NEW) (Effective from passage) (a) It is not a violation of state or local law for an individual to plant, grow, harvest, possess, process, sell and buy hemp if such individual does so in compliance with section 44 of this act and any regulation adopted pursuant to section 45 of this act.
623	623
624	624	(b) It is not a violation of state or local law for an individual to purchase and possess industrial hemp or hemp products.
625	625
626	626
627	627
628	628
629	629	This act shall take effect as follows and shall amend the following sections:
630	630	Section 1 from passage New section
631	631	Sec. 2 from passage New section
632	632	Sec. 3 January 1, 2020 New section
633	633	Sec. 4 from passage New section
634	634	Sec. 5 from passage New section
635	635	Sec. 6 January 1, 2020 New section
636	636	Sec. 7 from passage New section
637	637	Sec. 8 January 1, 2020 New section
638	638	Sec. 9 from passage New section
639	639	Sec. 10 from passage New section
640	640	Sec. 11 from passage New section
641	641	Sec. 12 from passage New section
642	642	Sec. 13 from passage New section
643	643	Sec. 14 from passage New section
644	644	Sec. 15 from passage New section
645	645	Sec. 16 from passage New section
646	646	Sec. 17 from passage New section
647	647	Sec. 18 from passage New section
648	648	Sec. 19 from passage New section
649	649	Sec. 20 from passage New section
650	650	Sec. 21 from passage New section
651	651	Sec. 22 July 1, 2019 New section
652	652	Sec. 23 from passage New section
653	653	Sec. 24 from passage New section
654	654	Sec. 25 from passage 12-412(120)
655	655	Sec. 26 from passage New section
656	656	Sec. 27 from passage New section
657	657	Sec. 28 October 1, 2018 53a-213
658	658	Sec. 29 July 1, 2019 21a-277(b)
659	659	Sec. 30 July 1, 2019 21a-278(b)
660	660	Sec. 31 from passage 21a-279(a)
661	661	Sec. 32 from passage 21a-279a(a)
662	662	Sec. 33 from passage 30-86
663	663	Sec. 34 from passage 30-88a
664	664	Sec. 35 from passage 1-1h(d)
665	665	Sec. 36 from passage 21a-6
666	666	Sec. 37 from passage 30-1(10)
667	667	Sec. 38 from passage 30-2
668	668	Sec. 39 from passage 30-4
669	669	Sec. 40 from passage 30-35b
670	670	Sec. 41 from passage New section
671	671	Sec. 42 from passage New section
672	672	Sec. 43 from passage New section
673	673	Sec. 44 from passage New section
674	674	Sec. 45 from passage New section
675	675	Sec. 46 from passage New section
676	676
677	677	This act shall take effect as follows and shall amend the following sections:
678	678
679	679	Section 1
680	680
681	681	from passage
682	682
683	683	New section
684	684
685	685	Sec. 2
686	686
687	687	from passage
688	688
689	689	New section
690	690
691	691	Sec. 3
692	692
693	693	January 1, 2020
694	694
695	695	New section
696	696
697	697	Sec. 4
698	698
699	699	from passage
700	700
701	701	New section
702	702
703	703	Sec. 5
704	704
705	705	from passage
706	706
707	707	New section
708	708
709	709	Sec. 6
710	710
711	711	January 1, 2020
712	712
713	713	New section
714	714
715	715	Sec. 7
716	716
717	717	from passage
718	718
719	719	New section
720	720
721	721	Sec. 8
722	722
723	723	January 1, 2020
724	724
725	725	New section
726	726
727	727	Sec. 9
728	728
729	729	from passage
730	730
731	731	New section
732	732
733	733	Sec. 10
734	734
735	735	from passage
736	736
737	737	New section
738	738
739	739	Sec. 11
740	740
741	741	from passage
742	742
743	743	New section
744	744
745	745	Sec. 12
746	746
747	747	from passage
748	748
749	749	New section
750	750
751	751	Sec. 13
752	752
753	753	from passage
754	754
755	755	New section
756	756
757	757	Sec. 14
758	758
759	759	from passage
760	760
761	761	New section
762	762
763	763	Sec. 15
764	764
765	765	from passage
766	766
767	767	New section
768	768
769	769	Sec. 16
770	770
771	771	from passage
772	772
773	773	New section
774	774
775	775	Sec. 17
776	776
777	777	from passage
778	778
779	779	New section
780	780
781	781	Sec. 18
782	782
783	783	from passage
784	784
785	785	New section
786	786
787	787	Sec. 19
788	788
789	789	from passage
790	790
791	791	New section
792	792
793	793	Sec. 20
794	794
795	795	from passage
796	796
797	797	New section
798	798
799	799	Sec. 21
800	800
801	801	from passage
802	802
803	803	New section
804	804
805	805	Sec. 22
806	806
807	807	July 1, 2019
808	808
809	809	New section
810	810
811	811	Sec. 23
812	812
813	813	from passage
814	814
815	815	New section
816	816
817	817	Sec. 24
818	818
819	819	from passage
820	820
821	821	New section
822	822
823	823	Sec. 25
824	824
825	825	from passage
826	826
827	827	12-412(120)
828	828
829	829	Sec. 26
830	830
831	831	from passage
832	832
833	833	New section
834	834
835	835	Sec. 27
836	836
837	837	from passage
838	838
839	839	New section
840	840
841	841	Sec. 28
842	842
843	843	October 1, 2018
844	844
845	845	53a-213
846	846
847	847	Sec. 29
848	848
849	849	July 1, 2019
850	850
851	851	21a-277(b)
852	852
853	853	Sec. 30
854	854
855	855	July 1, 2019
856	856
857	857	21a-278(b)
858	858
859	859	Sec. 31
860	860
861	861	from passage
862	862
863	863	21a-279(a)
864	864
865	865	Sec. 32
866	866
867	867	from passage
868	868
869	869	21a-279a(a)
870	870
871	871	Sec. 33
872	872
873	873	from passage
874	874
875	875	30-86
876	876
877	877	Sec. 34
878	878
879	879	from passage
880	880
881	881	30-88a
882	882
883	883	Sec. 35
884	884
885	885	from passage
886	886
887	887	1-1h(d)
888	888
889	889	Sec. 36
890	890
891	891	from passage
892	892
893	893	21a-6
894	894
895	895	Sec. 37
896	896
897	897	from passage
898	898
899	899	30-1(10)
900	900
901	901	Sec. 38
902	902
903	903	from passage
904	904
905	905	30-2
906	906
907	907	Sec. 39
908	908
909	909	from passage
910	910
911	911	30-4
912	912
913	913	Sec. 40
914	914
915	915	from passage
916	916
917	917	30-35b
918	918
919	919	Sec. 41
920	920
921	921	from passage
922	922
923	923	New section
924	924
925	925	Sec. 42
926	926
927	927	from passage
928	928
929	929	New section
930	930
931	931	Sec. 43
932	932
933	933	from passage
934	934
935	935	New section
936	936
937	937	Sec. 44
938	938
939	939	from passage
940	940
941	941	New section
942	942
943	943	Sec. 45
944	944
945	945	from passage
946	946
947	947	New section
948	948
949	949	Sec. 46
950	950
951	951	from passage
952	952
953	953	New section
954	954
955	955	Statement of Purpose:
956	956
957	957	To legalize, tax and regulate the retail sale, personal growth and recreational use of marijuana by individuals twenty-one years of age or older and to allow for and regulate the production of hemp as an agricultural product.
958	958
959	959	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]