Substitute Senate Bill No. 893
Public Act No. 19-3
AN ACT CONCERNING A PILOT PROGRAM FOR HE MP
PRODUCTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) For the purpose of this
section and section 2 of this act:
(1) "Cannabidiol" or "CBD" means the nonpsychotropic compound
by the same name and with a delta -a tetrahydrocannabinol
concentration of not more than 0.3 per cent on a dry weight basis
derived from hemp, as defined in the federal act;
(2) "Certificate of analysis" means a certificate from a laboratory
describing the results of the laboratory's testing of a sample;
(3) "Certified seed" means hemp seed for which a certificate or any
other instrument has been issued by an agency authorized under the
laws of a state, territory or possession of the United States to officially
certify hemp seed and that has standards and procedures approved by
the United States Secretary of Agriculture to assure the genetic purity
and identity of the hemp seed certified;
(4) "Commissioner" means the Commissioner of Agriculture, or the
commissioner's designated agent; Substitute Senate Bill No. 893
Public Act No. 19-3 2 of 20
(5) "Consumable" means hemp products intended for human
ingestion, inhalation, absorption or other internal consumption, that
contains a THC concentration of not more than 0.3 per cent on a dry
weight basis;
(6) "Cultivate" means planting, growing and harvesting a plant or
crop for commercial or research purposes;
(7) "Federal act" means the United States Agricultural Marketing Act
of 1946, 7 USC 1621 et seq., as amended from time to time;
(8) "Department" means the Department of Agriculture;
(9) "Grower" means a person in the state licensed by the
commissioner to cultivate, grow, harvest, handle, store and market
hemp pursuant to the federal act, the provisions of this section and the
regulations adopted pursuant to this section;
(10) "Handle" means possessing or storing hemp for any period of
time on premises owned, operated or controlled by a person licensed
to cultivate or process hemp, and includes possessing or transporting
hemp;
(11) "Hemp" has the same meaning as provided in the federal act;
(12) "Hemp products" means products with a delta -a
tetrahydrocannabinol concentration of not more than 0.3 per cent on a
dry weight basis derived from, or made by, the processing of hemp
plants or hemp plant parts;
(13) "Independent testing laboratory" means a facility:
(A) For which no person who has any direct or indirect financial or
managerial interest in the laboratory and also has any direct or indirect
interest in a facility that: Substitute Senate Bill No. 893
Public Act No. 19-3 3 of 20
(i) Processes, cultivates, distributes, manufactures or sells hemp or
hemp products, or marijuana in any state or territory of the United
States; or
(ii) Cultivates, processes, distributes, dispenses or sells marijuana;
and
(B) That is accredited as a laboratory in compliance with section 21a-
408-59 of the Regulations of Connecticut State Agencies;
(14) "Laboratory" means a laboratory located in the state that is
licensed by the Department of Consumer Protection to provide
analysis of controlled substances pursuant to section 21a-246 of the
general statutes, The University of Connecticut, the Connecticut
Agricultural Experiment Station, the Department of Public Health, the
United States Food and Drug Administration, the United States
Department of Agriculture or a facility that meets the following
additional criteria that is accredited as a testing laboratory to
International Organization for Standardization (ISO) 17025 by a third-
party accrediting body such as the American Association for
Laboratory Accreditation or the Assured Calibration and Laboratory
Accreditation Select Services;
(15) "Law enforcement agency" means the Connecticut State Police,
United States Drug Enforcement Administration, Department of
Consumer Protection Drug Control Division or other federal, state or
local law enforcement agency or drug suppression unit;
(16) "Licensee" means a person who possesses a license to cultivate,
process or manufacture hemp or hemp products in this state;
(17) "Manufacture" means the conversion of hemp for the purpose
of creating a consumable;
(18) "Manufacturer" means a person in the state licensed by the Substitute Senate Bill No. 893
Public Act No. 19-3 4 of 20
Commissioner of Consumer Protection to manufacture, handle, store
and market hemp pursuant to the federal act, the provisions of section
2 of this act and any regulation adopted pursuant to section 2 of this
act;
(19) "Marijuana" has the same meaning as provided in section 21a-
240 of the Connecticut general statutes;
(20) "Market" or "marketing" means promoting, distributing or
selling a product within the state, in another state or outside of the
United States and includes efforts to advertise and gather information
about the needs or preferences of potential consumers or suppliers;
(21) "On-site manager" means the individual designated by the
licensee responsible for on-site management and operations of a
licensed grower or licensed processor;
(22) "Pesticide" has the same meaning as "pesticide chemical" as
provided in section 21a-92 of the general statutes;
(23) "Plot" means a contiguous area in a field, greenhouse or indoor
growing structure containing the same variety or strain of hemp
throughout the area;
(24) "Post-harvest sample" means a representative sample of the
form of hemp taken from the harvested hemp from a particular plot's
harvest that is collected in accordance with the procedures established
by the commissioner;
(25) "Pre-harvest sample" means a composite, representative portion
from plants in a hemp plot, that is collected in accordance with the
procedures established by the commissioner;
(26) "Process" means using or converting hemp for the purpose of
creating a form of the commodity, that is not a consumable, for Substitute Senate Bill No. 893
Public Act No. 19-3 5 of 20
commercial or research purposes;
(27) "Processor" means a person in the state licensed by the
commissioner to process, handle, store and market hemp pursuant to
the federal act, the provisions of this section and any regulation
adopted pursuant to this section;
(28) "State plan" means a state plan, as described in the federal act
and as authorized pursuant to this section;
(29) "Signing authority" means an officer or agent of the applicant
with written authorization of such applicant to commit the applicant to
a binding agreement;
(30) "THC" means delta-9-tetrahydrocannabinol;
(31) "Homogenize" means to blend hemp into a mixture that has a
uniform quality and content throughout such mixture; and
(32) "Business entity" means any corporation, limited liability
company, association or partnership.
(b) The Commissioner of Agriculture shall establish and operate an
agricultural pilot program, as defined in 7 USC 5940, as amended from
time to time, for hemp research to enable the department, and its
licensees, to study methods of cultivating, processing and marketing
hemp. All grower and processor licensees licensed pursuant to this
section shall be participants in the state agricultural pilot program for
hemp research. Until such time as said commissioner a dopts
regulations, in accordance with the provisions of chapter 54 of the
general statutes, the Department of Agriculture shall utilize
procedures and guidance policies that the commissioner deems to be
consistent with the provisions of 7 USC 5940, as amended from time to
time, provided such procedures and guidance policies shall, at a
minimum, require: (1) The commissioner to certify and register any Substitute Senate Bill No. 893
Public Act No. 19-3 6 of 20
site used to grow hemp, (2) any person who grows hemp to produce
plants that meet the definition of hemp and verify such, (3) the
maintenance of records by any person who grows hemp and the
availability of inspection of such records by the commissioner, and (4)
verification of compliance with the definition of hemp by a laboratory,
at the expense of any licensee. The provisions of this section shall take
precedence over any such procedure or guidance policy. Participants
in the state agricultural pilot program for hemp research shall be
licensed in accordance with the provisions of this section. Such pilot
program shall operate until the earlier of the date of a fully approved
state plan under the federal act, as described in this section, or the date
of repeal of the federal law permitting the state's agricultural pilot
program for hemp research.
(c) The commissioner shall prepare a state plan in accordance with
the federal act, for approval by the Governor and Attorney General, in
consultation with the office of the Chief State's Attorney. The state
plan, once approved by the Governor and the Attorney General, shall
be submitted by the commissioner to the United States Secretary of
Agriculture for his or her approval. The commissioner shall have the
authority to amend the state plan, in consultation with the Governor
and the Attorney General in consultation with the office of the Chief
State's Attorney, as necessary to comply with the federal act.
(d) The commissioner shall have the authority to enforce the federal
act, as amended from time to time, the state plan, this section and any
regulations adopted in accordance with the federal act and chapter 54
of the general statutes for hemp cultivation in the state. The
commissioner shall have the authority to enforce the applicable
processing standard for hemp products that are not consumables. The
commissioner may consult, collaborate and enter into cooperative
agreements with any federal or state agency, municipality or political
subdivision of the state concerning application of the provisions of the Substitute Senate Bill No. 893
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federal act and the regulations adopted pursuant to the federal act, as
may be necessary to carry out the provisions of this section.
(e) Any person who cultivates or processes hemp shall: (1) Be
licensed by the commissioner; (2) only acquire certified seeds; and (3)
transport hemp and hemp samples in a manner and with such
documentation as required by the commissioner.
(f) Any person who sells hemp products shall not be required to be
licensed provided such person only engages in: (1) The retail or
wholesale sale of hemp or hemp products in which no further
processing or manufacturing of the hemp products occurs and the
hemp products are acquired from a person authorized under the laws
of this state or another state, territory or possession of the United
States or another sovereign entity; (2) the acquisition of hemp or hemp
products for the sole purpose of product distribution for resale; or (3)
the retail sale of hemp products that are otherwise authorized under
federal or state law.
(g) Any applicant for a license pursuant to this section shall meet
each of the following requirements, as applicable:
(1) Each applicant shall submit an application for a license that
consists, at a minimum, of the following: (A) The name and address of
the applicant; (B) the name and address of the plot for the hemp
cultivation or processing location; (C) the global positioning system
coordinates and legal description of the plot used for the hemp
cultivation; (D) the acreage size of the plot where the hemp will be
cultivated; (E) written consent allowing the commissioner to conduct
both scheduled and random inspections of and around the premises
on which the hemp is to be cultivated, harvested, stored and
processed; and (F) any other information as may be required by the
commissioner; Substitute Senate Bill No. 893
Public Act No. 19-3 8 of 20
(2) The applicant, on-site manager and signing authority for a
grower license shall submit to state and national fingerprint-based
criminal history records checks conducted in accordance with section
29-17a of the general statutes, at his or her own expense, and provide
the results to the commissioner for review;
(3) No person who has been convicted of any felony, as prescribed
in the federal act, shall be eligible to obtain a grower license; and
(4) Each applicant who obtains a grower or processor license shall
pay for all costs of testing and resampling any hemp samples at a
laboratory for the purpose of determining the THC concentration level.
(h) Any grower or processor license issued by the commissioner
shall expire on the second following December thirty-first and may be
renewed during the preceding month of October. Such licenses shall
not be transferable.
(i) The following fees shall apply for each grower and processor
license and inspection:
(1) A nonrefundable license application fee of fifty dollars, provided
any constituent unit of higher education, state agency or department
shall be exempt from such application fee if such cultivation or
processing is for research purposes;
(2) A nonrefundable biennial grower license fee of fifty dollars per
acre of planned hemp plantings, provided any constituent unit of
higher education, state agency or department shall be exempt from
such license fee if such cultivation is for research purposes;
(3) A nonrefundable processor licensing fee of two hundred fifty
dollars for a license to process hemp provided any constituent unit of
higher education, state agency or department shall be exempt from
such license fee if such processing is for research purposes; and Substitute Senate Bill No. 893
Public Act No. 19-3 9 of 20
(4) In the event that resampling by the commissioner is required due
to a test result that shows a violation of any provision of this section or
any regulation adopted pursuant to this section, the licensee shall pay
an inspection fee of fifty dollars. Such fee shall be paid prior to the
inspection and collection of the sample to be used for resampling.
(j) After receipt and review of an application for grower or
processor licensure, the commissioner may grant a biennial license
upon a finding that the applicant meets the applicable requirements.
While the pilot program is in effect, the commissioner may grant a
conditional approval of a grower license, pending receipt of the
criminal history records check required by this section.
(k) Whenever an inspection or investigation conducted by the
commissioner pursuant to title 22 of the general statutes reveals any
violation of this section or any regulation adopted thereunder, the
grower, processor, license applicant or respondent, as applicable, shall
be notified, in writing, of such violation and any corrective action to be
taken and the time period within which such corrective action shall be
taken. Any such grower, processor, license applicant or respondent
may request a hearing, conducted in accordance with chapter 54 of the
general statutes, on any such notification.
(l) Nothing in this section shall be construed to limit the
commissioner's authority to issue a cease and desist order pursuant to
section 22-4d of the general statutes, or an emergency order, in order to
respond to a condition that may present a public health hazard, or
issue orders necessary to effectuate the purposes of this section,
including, but not limited to, orders for the embargo, destruction and
release of hemp or hemp products. Any cease and desist order or an
emergency order shall become effective upon service of such order by
the commissioner. Following service of any such order, subsequent
proceedings shall proceed in accordance with the provisions of section
22-4d of the general statutes and the rules of practice for such agency. Substitute Senate Bill No. 893
Public Act No. 19-3 10 of 20
(m) Following a hearing conducted in accordance with chapter 54 of
the general statutes, the commissioner may impose an administrative
civil penalty, not to exceed two thousand five hundred dollars per
violation, and suspend, revoke or place conditions upon any grower or
processor licensee who violates the provisions of this section or any
regulation adopted pursuant to this section.
(n) (1) Any individual who cultivates or processes hemp in this state
without obtaining a license pursuant to this section, or who cultivates
or processes hemp in this state after having a license suspended or
revoked may be fined two hundred fifty dollars in accordance with the
provisions of section 51-164n of the general statutes.
(2) Any business entity that cultivates or processes hemp in this
state without obtaining a license pursuant to this section, or cultivates
or processes hemp in this state after having a license suspended or
revoked shall be fined not more than two thousand five hundred
dollars per violation, after a hearing conducted in accordance with
chapter 54 of the general statutes.
(o) Any negligent violation, as described in the federal act, of this
section or the state plan shall be subject to enforcement in accordance
with the federal act.
(p) Any person aggrieved by an order issued pursuant to this
section may appeal to the commissioner in accordance with the
provisions of chapter 54 of the general statutes. Such appeal shall be
made in writing to the commissioner and received not later than
fifteen days after the date of the order. If no appeal is made pursuant
to this subsection the order shall be final.
(q) All documents included in an application for a grower or
processor license submitted under this section shall be subject to
disclosure in accordance with chapter 14 of the general statutes, except Substitute Senate Bill No. 893
Public Act No. 19-3 11 of 20
any document describing, depicting or otherwise outlining a licensee's
security schematics and the results of any criminal history records
check.
(r) The commissioner may inspect and shall have access to the
buildings, equipment, supplies, vehicles, records, real property and
other information that the commissioner deems necessary to carry out
the commissioner's duties pursuant to this section from any person
participating in the planting, cultivating, harvesting, processing,
marketing or researching of hemp.
(s) The commissioner shall establish an inspection and testing
program to determine THC levels and ensure compliance with the
limits on THC concentration in all hemp grown in the state by a
grower licensee. The grower shall collect a pre-harvest sample no more
than fifteen days before the intended harvest date, in accordance with
the commissioner's pre-harvest hemp sampling protocol adopted in
accordance with chapter 54 of the general statutes and published on
the Internet web site of the Department of Agriculture. The grower
and processor licensees shall be responsible for all costs of disposal of
hemp samples and any hemp produced by a licensee that violates the
provisions of this section or any regulation adopted pursuant to this
section. A hemp sample fails THC testing if the test report indicates
that the sample contains an average THC concentration greater than
0.3 per cent on a dry weight basis. The commissioner may order and
conduct post-harvest sample THC testing of a plot if the results of an
initial THC test on the pre-harvest sample provided and collected by
the licensee indicate a THC concentration in the pre-harvest sample in
excess of such permitted levels, unless the licensee elects to destroy the
crop prior to post-harvest sample THC testing.
(t) Nothing in this section shall be construed to apply to any licensee
of palliative marijuana authorized pursuant to chapter 420f of the
general statutes. Substitute Senate Bill No. 893
Public Act No. 19-3 12 of 20
(u) All licensees pursuant to this section shall maintain records
required by the federal act, this section and any regulation adopted
pursuant to this section. Each licensee shall make such records
available to the department immediately upon request of the
commissioner and in electronic format, if available.
(v) The commissioner shall adopt regulations, in accordance with
the provisions of chapter 54 of the general statutes, to implement the
provisions of this section including, but not limited to, establishing
sampling and testing procedures to ensure compliance with the federal
act and to prescribe disposal procedures for plants grown in violation
of the federal act.
(w) Notwithstanding any provision of the general statutes: (1)
Marijuana does not include hemp or hemp products; (2) THC that does
not exceed 0.3 per cent by dry weight and that is found in hemp shall
not be considered to be THC that constitutes a controlled substance; (3)
hemp-derived cannabidiols, including CBD, shall not constitute
controlled substances or adulterants solely on the basis of containing
CBD; and (4) hemp products that contain one or more hemp-derived
cannabidiols, such as CBD, intended for ingestion shall be considered
foods, not controlled substances or adulterated products solely on the
basis of the containing hemp-derived cannabidiols.
(x) Whenever the commissioner believes or has reasonable cause to
believe that the actions of a licensee or any employee of a grower or
processor licensee will violate any state law concerning the growing,
cultivation, handling, transporting or possession of marijuana, the
commissioner shall notify the Department of Emergency Services and
Public Protection and the State Police.
(y) The Commissioner of Agriculture may enter an agreement with
any state or federally recognized Indian tribe to assist such tribe in the
development of a pilot program under the federal act or to have Substitute Senate Bill No. 893
Public Act No. 19-3 13 of 20
applicants from such tribe participate in the pilot program established
pursuant to subsection (b) of this section.
Sec. 2. (NEW) (Effective from passage) (a) No person shall
manufacture in the state without a license to manufacture issued by
the Commissioner of Consumer Protection.
(b) Each applicant for a manufacturer license shall submit an
application on a form and in a manner prescribed by the
Commissioner of Consumer Protection.
(c) The following fees shall apply for a license to manufacture:
(1) A nonrefundable license application fee of fifty dollars; and
(2) A nonrefundable licensing fee of two hundred fifty dollars for a
license to manufacture hemp.
(d) A license to manufacture hemp or hemp products issued by the
Commissioner of Consumer Protection pursuant to this section shall
expire biennially on June thirtieth. Such licenses shall not be
transferable.
(e) In accordance with a hearing held pursuant to chapter 54 of the
general statutes, the Commissioner of Consumer Protection may deny,
suspend or revoke a manufacturer license, issue fines of not more than
two thousand five hundred dollars per violation and place conditions
upon a manufacturer licensee who violates the provisions of this
section and any regulation adopted pursuant to this section.
(f) (1) Any individual who manufactures in this state without
obtaining a license pursuant to this section or who manufactures in
this state after such entity's license is suspended or revoked shall be
fined two hundred fifty dollars in accordance with the provisions of
section 51-164n of the general statutes. Substitute Senate Bill No. 893
Public Act No. 19-3 14 of 20
(2) Any business entity who manufactures in this state without
obtaining a license pursuant to this section, or who manufactures in
this state after having a license suspended, shall be fined not more
than two thousand five hundred dollars per violation after a hearing
conducted in accordance with the provisions of chapter 54 of the
general statutes.
(g) Nothing in this section shall be construed to apply to any
licensee of palliative marijuana authorized pursuant to chapter 420f of
the general statutes.
(h) The Commissioner of Consumer Protection may inspect and
shall have access to the buildings, equipment, supplies, vehicles,
records, real property and other information of any manufacturer
applicant or licensee that the commissioner deems necessary to carry
out the commissioner's duties pursuant to this section.
(i) (1) Each manufacturer shall follow the protocol in this subsection
for disposing of hemp or hemp products in the event that any hemp or
hemp product is deemed to contain a THC concentration of more than
0.3 per cent on a dry weight basis, as determined by the Commissioner
of Consumer Protection, or a manufacturer licensee in possession of
hemp or hemp products who desires to dispose of obsolete,
misbranded, excess or otherwise undesired product. Each
manufacturer licensee shall be responsible for all costs of disposal of
hemp samples and any hemp produced by such licensee that violates
the provisions of this section or any regulation adopted pursuant to
this section. Any hemp or hemp product containing a THC
concentration of more than 0.3 per cent on a dry weight basis shall be
immediately embargoed by such manufacturer and clearly labeled as
adulterated by such licensee and such licensee shall immediately
notify both the Department of Consumer Protection and the
Department of Agriculture, in writing, of such adulterated product.
Such adulterated product shall be destroyed and disposed of by the Substitute Senate Bill No. 893
Public Act No. 19-3 15 of 20
following method, as determined by the Commissioner of Consumer
Protection:
(A) Surrender, without compensation, of such hemp or hemp
product to the Commissioner of Consumer Protection who shall be
responsible for the destruction and disposal of such adulterated
product; or
(B) By disposal in the presence of an authorized representative of
the Commissioner of Consumer Protection in such a manner as to
render the hemp or hemp product nonrecoverable.
(2) Notwithstanding the provisions of subdivision (1) of this
subsection, upon written request of a manufacturer, the Commissioner
of Consumer Protection may permit such manufacturer to combine
different batches to achieve a THC concentration of 0.3 per cent on a
dry weight basis, in lieu of embargo or destruction.
(j) The person disposing of the hemp or hemp products shall
maintain and make available to the Commissioner of Consumer
Protection a record of each such disposal or destruction of product
indicating:
(1) The date, time and location of disposal or destruction;
(2) The manner of disposal or destruction;
(3) The batch or lot information and quantity of hemp or hemp
product disposed of or destroyed; and
(4) The signatures of the persons disposing of the hemp or hemp
products, the authorized representative of the Commissioner of
Consumer Protection and any other persons present during the
disposal.
(k) Any hemp intended to be manufactured as a consumable shall Substitute Senate Bill No. 893
Public Act No. 19-3 16 of 20
be tested by an independent testing laboratory or any other such
laboratory that is accredited as a testing laboratory to International
Organization for Standardization (ISO) 17025 by a third-party
accrediting body. A manufacturer licensee shall make available
samples, in an amount and type determined by the Commissioner of
Consumer Protection, of hemp or hemp product for an independent
testing laboratory employee to select random samples. The
independent testing laboratory or other such laboratory shall test each
sample for microbiological contaminants, mycotoxins, heavy metals
and pesticide chemical residue, and for purposes of conducting an
active ingredient analysis, if applicable, as determined by the
Commissioner of Consumer Protection.
(l) Once a batch of hemp or hemp product, intended to be sold as a
consumable, has been homogenized for sample testing and eventual
packaging and sale, until the independent testing laboratory or other
such laboratory provides the results from its tests and analysis, the
manufacturer licensee shall segregate and withhold from use the entire
batch of hemp that is intended for consumable use, except the samples
that have been removed by the independent testing laboratory for
testing. During this period of segregation, the manufacturer licensee
shall maintain the hemp or hemp product batch in a secure, cool and
dry location, as prescribed by the Commissioner of Consumer
Protection, so as to prevent the hemp or hemp product from becoming
adulterated. Such manufacturer shall not manufacture or sell a
consumable prior to the time that the independent testing laboratory
or other such laboratory completes testing and analysis and provides
such results, in writing, to the manufacturer licensee who initiated
such testing.
(m) An independent testing laboratory or other such laboratory
shall immediately return or dispose of any hemp or hemp product
upon the completion of any testing, use or research. If an independent Substitute Senate Bill No. 893
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testing laboratory or other such laboratory disposes of hemp, the
laboratory shall dispose of such hemp in the following manner, as
determined by the Commissioner of Consumer Protection:
(1) By surrender, without compensation, of such hemp or hemp
product to the Commissioner of Consumer Protection who shall be
responsible for the destruction and disposal of such hemp or hemp
product; or
(2) By disposal in the presence of an authorized representative of the
Commissioner of Consumer Protection in such a manner as to render
the hemp or hemp product nonrecoverable.
(n) If a sample does not pass the microbiological, mycotoxin, heavy
metal or pesticide chemical residue test, based on the standards
prescribed by the Commissioner of Consumer Protection in
regulations adopted in accordance with chapter 54 of the general
statutes and published on the Internet web site of the Department of
Consumer Protection, the manufacturer licensee who sent such batch
for testing shall dispose of the entire batch from which the sample was
taken in accordance with procedures established by the Commissioner
of Consumer Protection by regulations adopted in accordance with
chapter 54 of the general statutes.
(o) If a sample passes the microbiological, mycotoxin, heavy metal
and pesticide chemical residue test, the independent testing laboratory
or other such laboratory shall release the entire batch for
manufacturing, processing or sale.
(p) The independent testing laboratory or other such laboratory
shall file with the Department of Consumer Protection an electronic
copy of each laboratory test result for any batch that does not pass the
microbiological, mycotoxin, heavy metal or pesticide chemical residue
test, at the same time that it transmits such results to the manufacturer Substitute Senate Bill No. 893
Public Act No. 19-3 18 of 20
licensee who requested such testing. Each independent testing
laboratory or other such laboratory shall maintain the test results of
each tested batch for a period of three years and shall make such
results available to the Department of Consumer Protection upon
request.
(q) Manufacturer licensees shall maintain records required by the
federal act, this section and any regulation adopted pursuant to this
section. Each manufacturer licensee shall make such records available
to the Department of Consumer Protection immediately upon request
and in electronic format, if available.
(r) The Commissioner of Consumer Protection may adopt
regulations, in accordance with the provisions of chapter 54 of the
general statutes, to implement the provisions of this section including,
but not limited to, establishing sampling and testing procedures to
ensure compliance with the federal act, to prescribe disposal
procedures for plants grown in violation of the federal act and to
establish advertising and labeling requirements for consumables.
(s) Any claim of health impacts, medical effects or physical or
mental benefits shall be prohibited on any advertising for, labeling of
or marketing of consumables. Any violation of this subsection shall be
deemed an unfair or deceptive trade practice under chapter 735a of the
general statutes.
(t) Not later than February 1, 2020, the Commissioners of
Agriculture and Consumer Protection shall submit a report, in
accordance with section 11-4a of the general statutes, to the joint
standing committee of the general assembly having cognizance of
matters relating to the environment on the status of the pilot program,
the development of the state plan and any regulations for such pilot
program or state plan. Additionally such report shall include any
legislative recommendations, including, but not limited to, any Substitute Senate Bill No. 893
Public Act No. 19-3 19 of 20
recommendations for requiring the registration of any consumable
offered for sale in this state.
Sec. 3. Subdivision (7) of section 21a-240 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(7) "Cannabis-type substances" include all parts of any plant, or
species of the genus cannabis or any infra specific taxon thereof
whether growing or not; the seeds thereof; the resin extracted from any
part of such a plant; and every compound, manufacture, salt,
derivative, mixture or preparation of such plant, its seeds or resin; but
shall not include the mature stalks of such plant, fiber produced from
such stalks, oil or cake made from the seeds of such plant, any other
compound, manufacture, salt, derivative, mixture or preparation of
such mature stalks, except the resin extracted therefrom, fiber, oil or
cake, the sterilized seed of such plant which is incapable of
germination, or [industrial] hemp, as defined in 7 USC [5940] 1639o, as
amended from time to time. Included are cannabinon, cannabinol,
cannabidiol and chemical compounds which are similar to
cannabinon, cannabinol or cannabidiol in chemical structure or which
are similar thereto in physiological effect, and which show a like
potential for abuse, which are controlled substances under this chapter
unless modified;
Sec. 4. Subdivision (29) of section 21a-240 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(29) "Marijuana" means all parts of any plant, or species of the genus
cannabis or any infra specific taxon thereof, whether growing or not;
the seeds thereof; the resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds or resin. Marijuana does not Substitute Senate Bill No. 893
Public Act No. 19-3 20 of 20
include the mature stalks of such plant, fiber produced from such
stalks, oil or cake made from the seeds of such plant, any other
compound, manufacture, salt, derivative, mixture or preparation of
such mature stalks, except the resin extracted therefrom, fiber, oil, or
cake, the sterilized seed of such plant which is incapable of
germination, or [industrial] hemp, as defined in 7 USC [5940] 1639o, as
amended from time to time. Included are cannabinon, cannabinol or
cannabidiol and chemical compounds which are similar to
cannabinon, cannabinol or cannabidiol in chemical structure or which
are similar thereto in physiological effect, and which show a like
potential for abuse, which are controlled substances under this chapter
unless modified;
Approved: May 9, 2019