General Assembly Raised Bill No. 487
February Session, 2018 LCO No. 2458
*02458_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 487
February Session, 2018
LCO No. 2458
*02458_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
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.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
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:
(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;
(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;
(3) "Consumer" means an individual twenty-one years of age or older;
(4) "Cultivation" means cultivation, as defined in section 21a-408 of the general statutes;
(5) "Dispensary" means a person who is licensed as a dispensary pursuant to section 21a-408h of the general statutes;
(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;
(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;
(8) "Marijuana" means marijuana, as defined in section 21a-240 of the general statutes;
(9) "Marijuana concentrate" includes tinctures and extracts;
(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;
(11) "Marijuana establishment" means a marijuana cultivation facility, marijuana lounge, marijuana product manufacturing facility or marijuana retailer;
(12) "Marijuana lounge" means a person licensed to sell marijuana or marijuana products to consumers for on-site consumption by means other than smoking;
(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;
(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;
(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;
(16) "Paraphernalia" means drug paraphernalia, as defined in section 21a-240 of the general statutes;
(17) "Person" means a person, as defined in section 21a-240 of the general statutes;
(18) "Possession limit" means the possession limit, as set forth in section 2 of this act;
(19) "Primary caregiver" means primary caregiver, as defined in section 21a-408h of the general statutes; and
(20) "Qualifying patient" means qualifying patient, as defined in section 21a-408h of the general statutes.
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.
(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.
(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.
(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.
(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.
(d) Any sales transaction made pursuant to this section shall be subject to the tax under chapter 219 of the general statutes.
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.
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.
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.
(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.
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.
(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.
(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.
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.
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.
(b) No such individual may cultivate marijuana plants, unless:
(1) Such individual is twenty-one years of age or older;
(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
(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.
(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.
(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.
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.
(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:
(1) The producer's license under section 21a-408i of the general statutes has been suspended or revoked;
(2) The applicant failed to pay the application fee; or
(3) The municipality in which the producer is located prohibited producers from operating as approved producers, pursuant to section 17 of this act.
(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:
(1) The approved producer fails to maintain an adequate supply of cannabis to serve the state's qualifying patients;
(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
(3) The approved producer violates any regulation adopted by the Department of Consumer Protection.
(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.
(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.
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.
(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:
(1) The dispensary's license under section 21a-408h of the general statutes has been suspended or revoked;
(2) The applicant failed to pay the application fee; or
(3) The municipality in which the dispensary is located prohibited dispensaries from operating as approved dispensaries, pursuant to section 17 of this act.
(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:
(1) The approved dispensary fails to maintain an adequate supply of cannabis to serve the dispensary's qualifying patients;
(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;
(3) The approved dispensary fails to collect the surcharge as required by section 27 of this act;
(4) The approved dispensary sells marijuana products or marijuana concentrate to consumers who are not qualifying patients or primary caregivers; or
(5) The approved dispensary violates regulations adopted by the department.
(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.
(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.
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.
(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:
(1) Indicate the maximum number of marijuana lounges and marijuana retailers that may be licensed in this state;
(2) Provide that no marijuana or marijuana product may be dispensed from, obtained from or transferred to a location outside of this state;
(3) Establish a nonrefundable application fee of not more than five thousand dollars for each application;
(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;
(5) Provide for renewal of such marijuana lounge or marijuana retailer licenses at least every two years;
(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;
(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;
(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
(9) Establish other licensing, renewal and operational standards deemed necessary by the commission.
(c) Any fees collected by the commission under this section shall be paid to the State Treasurer and credited to the General Fund.
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.
(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:
(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;
(B) Indicate the maximum number of marijuana cultivation facilities in the largest of the tiers that may be licensed at any time;
(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;
(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;
(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;
(F) Provide for renewal of such marijuana cultivation facility licenses at least every two years;
(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;
(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;
(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;
(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
(K) Establish other licensing, renewal and operational standards deemed necessary by the commission.
(c) Any fees collected by the commission under this section shall be paid to the State Treasurer and credited to the General Fund.
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.
(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:
(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;
(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;
(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;
(D) Provide for renewal of marijuana product manufacturing facility licenses at least every two years;
(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;
(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;
(G) Establish health and safety standards for the manufacture of marijuana products; and
(H) Establish requirements for marijuana products' labels and packaging requirements, including, but not limited to, the following:
(i) A disclosure concerning length of time it typically takes for the marijuana product to affect an individual;
(ii) A list of ingredients and possible allergens;
(iii) A nutritional fact panel, if such marijuana product is edible;
(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;
(v) Identification of edible marijuana products, when practicable, with a standard symbol indicating that it contains marijuana;
(vi) The license number of the marijuana cultivation facility;
(vii) The license number of the marijuana product manufacturer;
(viii) The batch number of the marijuana or marijuana product;
(ix) A net weight statement;
(x) Warning labels;
(xi) A disclosure of any solvent used in the extraction process, if applicable; and
(xii) A recommended use by or expiration date for marijuana or marijuana products.
(I) Establish a definition of the amount of delta-9-tetrahydrocannabinol that constitutes a single serving in a marijuana product;
(J) Establish standards for the safe manufacture of marijuana concentrates; and
(K) Establish other licensing, renewal and operational standards deemed necessary by the commission.
(c) Any fees collected by the commissioner under this section shall be paid to the State Treasurer and credited to the General Fund.
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.
(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.
(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:
(1) Establish standards for the operation of laboratories, including requirements for equipment and qualifications for personnel;
(2) Provide for the licensure of laboratories and laboratory employees;
(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;
(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;
(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
(6) Establish other licensing, renewal and operational standards deemed necessary by the commissioner.
(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.
(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.
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.
(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.
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.
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.
(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.
(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.
(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.
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:
(1) Possessing, displaying, storing or transporting marijuana or marijuana products;
(2) Purchasing marijuana from a marijuana cultivation facility;
(3) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility;
(4) Delivering or transferring marijuana or marijuana products to a laboratory; and
(5) Delivering, distributing or selling marijuana or marijuana products to consumers, marijuana lounges or marijuana retailers.
(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:
(1) Purchasing marijuana from a marijuana cultivation facility or an approved producer;
(2) Delivering or transferring marijuana or marijuana products to a laboratory; and
(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.
(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:
(1) Cultivating, harvesting, processing, packaging, transporting, displaying, storing or possessing marijuana;
(2) Delivering or transferring marijuana to a laboratory;
(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;
(4) Receiving or purchasing marijuana from a marijuana cultivation facility; and
(5) Receiving marijuana seeds or immature marijuana plants from an individual twenty-one years of age or older or an approved producer.
(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:
(1) Cultivating, harvesting, processing, packaging, transporting, displaying, storing or possessing marijuana;
(2) Delivering or transferring marijuana to a laboratory;
(3) Delivering, distributing or selling marijuana to an approved dispensary; and
(4) Receiving marijuana seeds or immature marijuana plants from an individual twenty-one years of age or older or an approved producer.
(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:
(1) Packaging, processing, transporting, manufacturing, displaying or possessing marijuana or marijuana products;
(2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility;
(3) Delivering or selling marijuana or marijuana products to a marijuana lounge, marijuana retailer or marijuana product manufacturing facility;
(4) Purchasing marijuana from a marijuana cultivation facility; and
(5) Purchasing marijuana or marijuana products from a marijuana product manufacturing facility.
(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:
(1) Possessing, cultivating, processing, repackaging, storing, transporting or displaying marijuana or marijuana products;
(2) Receiving marijuana or marijuana products from a marijuana establishment, a dispensary or an individual twenty-one years of age or older; and
(3) Returning marijuana or marijuana products to a marijuana establishment or an individual twenty-one years of age or older.
(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.
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:
(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;
(2) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment;
(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;
(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;
(5) Requirements for the transportation and storage of marijuana and marijuana products by marijuana establishments;
(6) Employment and training requirements, including a requirement that each marijuana establishment create an identification badge for each employee or agent;
(7) Requirements designed to prevent the sale or diversion of marijuana and marijuana products to persons under twenty-one years of age;
(8) Requirements for marijuana labels and packaging requirements;
(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;
(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;
(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;
(12) Protocols governing visits to marijuana cultivation facilities and marijuana product manufacturing facilities, including requiring the marijuana establishment to maintain a log of visitors;
(13) Requirements that educational materials be disseminated to consumers who purchase marijuana or marijuana products; and
(14) Civil penalties for the failure to comply with regulations made pursuant to sections 2 to 24, inclusive, of this act.
(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.
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.
(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.
(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.
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.
(b) Any person found guilty of smoking or otherwise consuming marijuana or marijuana products in violation of this section shall have committed an infraction.
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.
(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.
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.
(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.
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.
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):
(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.
Sec. 26. (NEW) (Effective from passage) (a) As used in this section:
(1) "Approved dispensary" means an approved dispensary, as defined in section 1 of this act;
(2) "Consumer" means consumer, as defined in section 1 of this act;
(3) "Primary caregiver" means primary caregiver who is registered under section 21a-408d, of the general statutes; and
(4) "Qualifying patient" means qualifying patient who is registered under section 21a-408d of the general statutes.
(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.
(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.
(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.
(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".
(c) Any moneys received by the state pursuant to this section shall be deposited into the General Fund.
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.
(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.
(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.
(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.
(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."
(c) Any moneys received by the state pursuant to this section shall be deposited into the General Fund.
Sec. 28. Section 53a-213 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(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.
(b) Drinking alcoholic liquor or smoking or otherwise consuming marijuana or marijuana products while operating a motor vehicle is a class C misdemeanor.
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):
(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.
(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.
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):
(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.
(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.
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):
(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.
(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.
(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.
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):
(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.
Sec. 33. Section 30-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) As used in this section:
(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;
(2) "Identity card" means an identification card issued in accordance with the provisions of section 1-1h, as amended by this act;
(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]
(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;
(5) "Licensee" means a marijuana lounge, marijuana retailer or approved dispensary, as defined in section 1 of this act;
(6) "Approved dispensary" means approved dispensary, as defined in section 1 of this act;
(7) "Marijuana" means marijuana, as defined in section 21a-240; and
(8) "Marijuana product" means marijuana product, as defined in section 1 of this act.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
[(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.
[(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.
[(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.
[(5)] (6) Any person who violates this subsection shall be subject to a civil penalty of not more than one thousand dollars.
(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.
(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.
Sec. 34. Section 30-88a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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.
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):
(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.
Sec. 36. Section 21a-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The following boards shall be within the Department of Consumer Protection:
(1) The Architectural Licensing Board established under chapter 390;
(2) Repealed by P.A. 93-151, S. 3, 4;
(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;
(4) Repealed by P.A. 99-73, S. 10;
(5) The Commission of Pharmacy established under chapter 400j;
(6) The State Board of Landscape Architects established under chapter 396;
(7) Deleted by P.A. 98-229;
(8) The State Board of Examiners for Professional Engineers and Land Surveyors established under chapter 391;
(9) Repealed by P.A. 80-484, S. 175, 176;
(10) The Connecticut Real Estate Commission established under chapter 392;
(11) The Connecticut Real Estate Appraisal Commission established under chapter 400g;
(12) The State Board of Examiners of Shorthand Reporters established under chapter 400l;
(13) The Liquor and Marijuana Control Commission established under chapter 545;
(14) Repealed by P.A. 06-187, S. 99;
(15) The Home Inspection Licensing Board established under section 20-490a; and
(16) The State Board of Accountancy established under section 20-280.
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):
(10) "Commission" means the Liquor and Marijuana Control Commission and "department" means the Department of Consumer Protection.
Sec. 38. Section 30-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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.
Sec. 39. Section 30-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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.
Sec. 40. Section 30-35b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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.
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.
Sec. 42. (NEW) (Effective from passage) As used in this section and sections 43 to 46, inclusive, of this act:
(1) "Department" means the Department of Agriculture;
(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
(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.
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.
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:
(1) The name and address of the individual;
(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
(3) The location and acreage of all parcels sown and other field reference information as may be required by the state.
(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.
(c) The department may assess an annual registration fee of one hundred dollars for the performance of its duties under this section.
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.
(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.
(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.
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.
(b) It is not a violation of state or local law for an individual to purchase and possess industrial hemp or hemp products.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 January 1, 2020 New section
Sec. 4 from passage New section
Sec. 5 from passage New section
Sec. 6 January 1, 2020 New section
Sec. 7 from passage New section
Sec. 8 January 1, 2020 New section
Sec. 9 from passage New section
Sec. 10 from passage New section
Sec. 11 from passage New section
Sec. 12 from passage New section
Sec. 13 from passage New section
Sec. 14 from passage New section
Sec. 15 from passage New section
Sec. 16 from passage New section
Sec. 17 from passage New section
Sec. 18 from passage New section
Sec. 19 from passage New section
Sec. 20 from passage New section
Sec. 21 from passage New section
Sec. 22 July 1, 2019 New section
Sec. 23 from passage New section
Sec. 24 from passage New section
Sec. 25 from passage 12-412(120)
Sec. 26 from passage New section
Sec. 27 from passage New section
Sec. 28 October 1, 2018 53a-213
Sec. 29 July 1, 2019 21a-277(b)
Sec. 30 July 1, 2019 21a-278(b)
Sec. 31 from passage 21a-279(a)
Sec. 32 from passage 21a-279a(a)
Sec. 33 from passage 30-86
Sec. 34 from passage 30-88a
Sec. 35 from passage 1-1h(d)
Sec. 36 from passage 21a-6
Sec. 37 from passage 30-1(10)
Sec. 38 from passage 30-2
Sec. 39 from passage 30-4
Sec. 40 from passage 30-35b
Sec. 41 from passage New section
Sec. 42 from passage New section
Sec. 43 from passage New section
Sec. 44 from passage New section
Sec. 45 from passage New section
Sec. 46 from passage New section
This act shall take effect as follows and shall amend the following sections:
Section 1
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Sec. 2
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Sec. 3
January 1, 2020
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Sec. 4
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Sec. 5
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Sec. 6
January 1, 2020
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Sec. 7
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Sec. 8
January 1, 2020
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Sec. 9
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Sec. 10
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Sec. 11
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Sec. 12
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Sec. 13
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Sec. 14
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Sec. 15
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Sec. 16
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Sec. 17
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Sec. 18
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Sec. 19
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Sec. 20
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Sec. 21
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Sec. 22
July 1, 2019
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Sec. 23
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Sec. 24
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Sec. 25
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12-412(120)
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Sec. 27
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Sec. 28
October 1, 2018
53a-213
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July 1, 2019
21a-277(b)
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July 1, 2019
21a-278(b)
Sec. 31
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21a-279(a)
Sec. 32
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21a-279a(a)
Sec. 33
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30-86
Sec. 34
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30-88a
Sec. 35
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1-1h(d)
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21a-6
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30-1(10)
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30-2
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30-4
Sec. 40
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30-35b
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Sec. 42
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Sec. 43
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Sec. 44
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Sec. 45
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Sec. 46
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Statement of Purpose:
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.
[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.]