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General Assembly Raised Bill No. 1085
January Session, 2019
LCO No. 6083
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TH E LEGALIZATION OF THE RETAIL SALE
AND POSSESSION OF CA NNABIS AND CONCERNIN G ERASURE OF
CRIMINAL RECORDS IN THE CASE OF CONVICTIONS BASED ON
THE POSSESSION OF A SMALL AMOUNT OF CANN ABIS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019) As used in this section, and 1
sections 2 to 7, inclusive, of this act, unless the context otherwise 2
requires: 3
(1) "Cannabis" means cannabis-type substances, as defined in 4
section 21a-240 of the general statutes; 5
(2) "Consumer" means an individual twenty-one years of age or 6
older; 7
(3) "Cultivation" means cultivation, as defined in section 21a-408 of 8
the general statutes; 9
(4) "Dispense" means dispense, as defined in section 21a-240 of the 10
general statutes; 11 Raised Bill No. 1085
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(5) "Distribute" means distribute, as defined in section 21a-240 of the 12
general statutes; 13
(6) "Cannabis concentrate" means any form of concentration, 14
including, but not limited to, extracts, oils, tinctures and waxes, that is 15
extracted from cannabis and that contains cannabinoids; 16
(7) "Cannabis cultivation facility" means a person licensed to 17
cultivate, prepare and package cannabis and sell cannabis to cannabis 18
product manufacturing facilities, cannabis retailers and other cannabis 19
cultivation facilities; 20
(8) "Cannabis establishment" means a cannabis cultivation facility, 21
cannabis product manufacturing facility or cannabis retailer; 22
(9) "Cannabis product" means a product that is comprised of 23
cannabis or cannabis concentrates and other ingredients and are 24
intended for use or consumption, including, but not limited to, edible 25
products and ointments; 26
(10) "Cannabis product manufacturing facility" means a person 27
licensed to purchase cannabis, manufacture, prepare and package 28
cannabis products and sell cannabis and cannabis products to cannabis 29
product manufacturing facilities and retail cannabis stores; 30
(11) "Cannabis retailer" means a person twenty-one years of age or 31
older who is licensed to purchase cannabis from cannabis cultivation 32
facilities and cannabis and cannabis products from cannabis product 33
manufacturing facilities and to sell cannabis and cannabis products to 34
consumers. "Cannabis retailer" includes any agent or employee of the 35
cannabis retailer who is twenty-one years of age or older and engaged 36
in the business of the cannabis retailer; 37
(12) "Paraphernalia" means drug paraphernalia, as defined in 38
section 21a-240 of the general statutes; and 39
(13) "Possession limit" means the amount of cannabis that may be 40
possessed at any one time by a consumer, as provided in section 2 of 41 Raised Bill No. 1085
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this act. 42
Sec. 2. (NEW) (Effective July 1, 2019) (a) A consumer may possess, 43
use and otherwise consume cannabis and cannabis products, provided 44
(1) no such consumer possesses any such cannabis or cannabis product 45
in a manner that is not secure from unauthorized access or access by 46
any person under twenty-one years of age, (2) such cannabis or 47
cannabis product was purchased from a cannabis retailer, and (3) the 48
amount of all such cannabis, including that contained in any cannabis 49
product, does not exceed such consumer's possession limit of one and 50
one-half ounces of cannabis, of which no more than five grams may be 51
in the form of a cannabis concentrate. 52
(b) Any consumer who possesses cannabis in accordance with 53
subdivisions (1) and (2) of subsection (a) of this section, but in excess of 54
the amount of cannabis permitted in accordance with the possession 55
limit in subdivision (3) of subsection (a) of this section, shall be guilty 56
of a violation of (1) section 21a-279a of the general statutes, as 57
amended by this act, if such excess amount is less than one-half ounce, 58
or (2) section 21a-279 of the general statutes, as amended by this act, if 59
such excess amount is one-half ounce, or more. 60
(c) Any consumer who possesses cannabis in accordance with 61
subsection (a) of this section, except that such person possesses more 62
than 5 grams of cannabis concentrate, but does not exceed the 63
possession limit for all cannabis under subdivision (3) of subsection (a) 64
of this section, shall be guilty of an infraction. 65
Sec. 3. (NEW) (Effective July 1, 2019) (a) A cannabis retailer may sell 66
cannabis and cannabis products to a consumer in an amount for any 67
single transaction that does not exceed the possession limit. Each such 68
cannabis retailer shall ensure that any purchase pursuant to this 69
section is conducted in accordance with section 30-86 of the general 70
statutes, as amended by this act. 71
(b) No cannabis retailer may sell any cannabis or cannabis product 72
to any individual under twenty-one years of age. 73 Raised Bill No. 1085
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(c) Any person who violates any provision of subsection (a) or (b) of 74
this section shall be guilty of a class A misdemeanor. 75
(d) (1) In any prosecution of a cannabis retailer for selling cannabis 76
or any cannabis product to an individual under twenty-one years of 77
age in violation of subsection (b) of this section, it shall be an 78
affirmative defense that all of the following occurred: (A) An 79
individual attempting to purchase cannabis or any cannabis product 80
presented a driver's license or an identity card; (B) a transaction scan in 81
accordance with section 30-86 of the general statutes, as amended by 82
this act, of the driver's license or identity card that the individual 83
presented indicated that the license or card was valid; and (C) the 84
cannabis or cannabis product was sold to the individual in reasonable 85
reliance upon the identification presented and the completed 86
transaction scan. 87
(2) In determining whether a cannabis retailer has proven the 88
affirmative defense provided by subdivision (1) of this subsection, the 89
trier of fact in such prosecution shall consider that reasonable reliance 90
upon the identification presented and the completed transaction scan 91
may require a cannabis retailer to exercise reasonable diligence and 92
that the use of a transaction scan device does not excuse a cannabis 93
retailer from exercising such reasonable diligence to determine the 94
following: (A) Whether an individual to whom the cannabis retailer 95
sells is twenty-one years of age or older; and (B) whether the 96
description and picture appearing on the driver's license or identity 97
card presented by an individual are those of the individual. 98
Sec. 4. (NEW) (Effective July 1, 2019) Notwithstanding any provision 99
of the general statutes, no cannabis retailer or consumer may be subject 100
to arrest or prosecution, penalized in any manner, including, but not 101
limited to, being subject to any civil penalty, or denied any right or 102
privilege for the acquisition, distribution, possession, use or 103
transportation of cannabis or paraphernalia related to cannabis in 104
accordance with the provisions of sections 2 to 7, inclusive, of this act. 105 Raised Bill No. 1085
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Sec. 5. (NEW) (Effective July 1, 2019) Any cannabis, paraphernalia 106
relating to cannabis or other property seized by law enforcement 107
officials from a consumer or cannabis establishment in connection with 108
the claimed use of cannabis under sections 2 to 7, inclusive, of this act, 109
shall be returned to the consumer or cannabis establishment 110
immediately upon the determination by a court that the consumer or 111
cannabis establishment is in compliance with the provisions of sections 112
2 to 7, inclusive, of this act, as evidenced by a decision not to prosecute, 113
a dismissal of charges or an acquittal. The provisions of this section do 114
not apply to any person who fails to comply with the provisions of 115
sections 2 to 7, inclusive, of this act. 116
Sec. 6. (NEW) (Effective July 1, 2019) (a) Except as provided in 117
chapter 420b or 420f of the general statutes and subsection (b) of this 118
section, no person, other than a cannabis retailer, as provided in 119
section 3 of this act, may distribute, sell, dispense, offer or give 120
cannabis or cannabis products to a consumer. 121
(b) Any consumer who purchases cannabis or cannabis products 122
from a cannabis retailer may offer or give cannabis or cannabis 123
products to another consumer, provided such other consumer may 124
possess such cannabis or cannabis products without exceeding the 125
possession limit. 126
Sec. 7. (NEW) (Effective July 1, 2019) Notwithstanding any provision 127
of chapter 420b of the general statutes, a consumer may manufacture, 128
possess or purchase paraphernalia related to cannabis or distribute or 129
sell paraphernalia related to cannabis to another consumer. 130
Sec. 8. Subsections (a) and (b) of section 19a-342 of the general 131
statutes are repealed and the following is substituted in lieu thereof 132
(Effective July 1, 2019): 133
(a) As used in this section, "smoke" or "smoking" means the lighting 134
or carrying of a lighted cigarette, cigar, pipe or similar device, whether 135
containing wholly or in part tobacco, or cannabis-type substances, as 136
defined in section 21a-240. 137 Raised Bill No. 1085
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(b) (1) Notwithstanding the provisions of section 31-40q, no person 138
shall smoke: (A) In any building or portion of a building, partially 139
enclosed shelter on a rail platform or bus shelter owned and operated 140
or leased and operated by the state or any political subdivision thereof; 141
(B) in any area of a health care institution; (C) in any area of a retail 142
food store; (D) in any restaurant; (E) in any area of an establishment 143
with a permit issued for the sale of alcoholic liquor pursuant to section 144
30-20a, 30-21, 30-21b, 30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-145
35a, 30-37a, 30-37e or 30-37f, in any area of an establishment with a 146
permit for the sale of alcoholic liquor pursuant to section 30-23 issued 147
after May 1, 2003, and, on and after April 1, 2004, in any area of an 148
establishment with a permit issued for the sale of alcoholic liquor 149
pursuant to section 30-22a or 30-26 or the bar area of a bowling 150
establishment holding a permit pursuant to subsection (a) of section 151
30-37c; (F) within a school building while school is in session or 152
student activities are being conducted; (G) in any passenger elevator, 153
provided no person shall be arrested for violating this subsection 154
unless there is posted in such elevator a sign which indicates that 155
smoking is prohibited by state law; (H) in any dormitory in any public 156
or private institution of higher education; or (I) on and after April 1, 157
2004, in any area of a dog race track or a facility equipped with screens 158
for the simulcasting of off-track betting race programs or jai alai 159
games. For purposes of this subsection, "restaurant" means space, in a 160
suitable and permanent building, kept, used, maintained, advertised 161
and held out to the public to be a place where meals are regularly 162
served to the public. 163
(2) This section shall not apply to (A) correctional facilities; (B) 164
designated smoking areas in psychiatric facilities; (C) public housing 165
projects, as defined in subsection (b) of section 21a-278a; (D) any 166
classroom where demonstration smoking is taking place as part of a 167
medical or scientific experiment or lesson; (E) smoking rooms 168
provided by employers for employees, pursuant to section 31-40q; (F) 169
notwithstanding the provisions of subparagraph (E) of subdivision (1) 170
of this subsection, the outdoor portion of the premises of any permittee 171 Raised Bill No. 1085
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listed in subparagraph (E) of subdivision (1) of this subsection, 172
provided, in the case of any seating area maintained for the service of 173
food, at least seventy-five per cent of the outdoor seating capacity is an 174
area in which smoking is prohibited and which is clearly designated 175
with written signage as a nonsmoking area, except that any temporary 176
seating area established for special events and not used on a regular 177
basis shall not be subject to the smoking prohibition or signage 178
requirements of this subparagraph; (G) any medical research site 179
where smoking is integral to the research being conducted; or (H) any 180
tobacco bar, provided no tobacco bar shall expand in size or change its 181
location from its size or location as of December 31, 2002. For purposes 182
of this subdivision, "outdoor" means an area which has no roof or 183
other ceiling enclosure, "tobacco bar" means an establishment with a 184
permit for the sale of alcoholic liquor to consumers issued pursuant to 185
chapter 545 that, in the calendar year ending December 31, 2002, 186
generated ten per cent or more of its total annual gross income from 187
the on-site sale of tobacco products and the rental of on-site humidors, 188
and "tobacco product" means any substance that contains tobacco, but 189
does not contain cannabis-type substances, including, but not limited 190
to, cigarettes, cigars, pipe tobacco or chewing tobacco. 191
Sec. 9. Subsection (b) of section 21a-277 of the general statutes is 192
repealed and the following is substituted in lieu thereof (Effective July 193
1, 2019): 194
(b) (1) No person may manufacture, distribute, sell, prescribe, 195
dispense, compound, transport with the intent to sell or dispense, 196
possess with the intent to sell or dispense, offer, give or administer to 197
another person, except as authorized in this chapter, [or] chapter 420f 198
or sections 2 to 7, inclusive, of this act, any controlled substance other 199
than a (A) narcotic substance, or (B) hallucinogenic substance. 200
(2) Any person who violates subdivision (1) of this subsection (A) 201
for a first offense, may be fined not more than twenty-five thousand 202
dollars or imprisoned not more than seven years, or be both fined and 203
imprisoned, and (B) for any subsequent offense, may be fined not more 204 Raised Bill No. 1085
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than one hundred thousand dollars or imprisoned not more than 205
fifteen years, or be both fined and imprisoned. 206
Sec. 10. Subsection (b) of section 21a-278 of the general statutes is 207
repealed and the following is substituted in lieu thereof (Effective July 208
1, 2019): 209
(b) (1) No person may manufacture, distribute, sell, prescribe, 210
dispense, compound, transport with the intent to sell or dispense, 211
possess with the intent to sell or dispense, offer, give or administer to 212
another person, except as authorized in this chapter, [or] chapter 420f 213
or sections 2 to 7, inclusive, of this act, (A) a narcotic substance, (B) a 214
hallucinogenic substance, (C) an amphetamine-type substance, or (D) 215
one kilogram or more of a cannabis-type substance. The provisions of 216
this subdivision shall not apply to a person who is, at the time of the 217
commission of the offense, a drug-dependent person. 218
(2) Any person who violates subdivision (1) of this subsection (A) 219
for a first offense, shall be imprisoned not less than five years or more 220
than twenty years, and (B) for any subsequent offense, shall be 221
imprisoned not less than ten years or more than twenty-five years. The 222
execution of the mandatory minimum sentence impose d by the 223
provisions of this subdivision shall not be suspended, except that the 224
court may suspend the execution of such mandatory minimum 225
sentence if, at the time of the commission of the offense, such person 226
was under the age of eighteen years or such person's mental capacity 227
was significantly impaired, but not so impaired as to constitute a 228
defense to prosecution. 229
Sec. 11. Subsection (a) of section 21a-279 of the general statutes is 230
repealed and the following is substituted in lieu thereof (Effective July 231
1, 2019): 232
(a) (1) Any person who possesses or has under such person's control 233
any quantity of any controlled substance, except less than one-half 234
ounce of a cannabis-type substance and except as authorized in this 235
chapter, chapter 420f or sections 2 to 7, inclusive, of this act, shall be 236 Raised Bill No. 1085
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guilty of a class A misdemeanor. 237
(2) For a second offense of subdivision (1) of this subsection, the 238
court shall evaluate such person and, if the court determines such 239
person is a drug-dependent person, the court may suspend 240
prosecution of such person and order such person to undergo a 241
substance abuse treatment program. 242
(3) For any subsequent offense of subdivision (1) of this subsection, 243
the court may find such person to be a persistent offender for 244
possession of a controlled substance in accordance with section 53a-40. 245
Sec. 12. Subsection (a) of section 21a-279a of the general statutes is 246
repealed and the following is substituted in lieu thereof (Effective July 247
1, 2019): 248
(a) Any person who possesses or has under his control less than 249
one-half ounce of a cannabis-type substance, [as defined in section 21a-250
240,] except as authorized in this chapter, chapter 420f or sections 2 to 251
7, inclusive, of this act, shall (1) for a first offense, be fined one 252
hundred fifty dollars, and (2) for a subsequent offense, be fined not 253
less than two hundred dollars or more than five hundred dollars. 254
Sec. 13. Section 30-86 of the general statutes is repealed and the 255
following is substituted in lieu thereof (Effective July 1, 2019): 256
(a) As used in this section: 257
(1) "Cardholder" means any person who presents a driver's license 258
or an identity card to a permittee or permittee's agent or employee, to 259
purchase or receive alcoholic liquor from such permittee or permittee's 260
agent or employee; 261
(2) "Identity card" means an identification card issued in accordance 262
with the provisions of section 1-1h; 263
(3) "Transaction scan" means the process by which a permittee or 264
permittee's agent or employee checks, by means of a transaction scan 265 Raised Bill No. 1085
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device, the validity of a driver's license or an identity card; [and] 266
(4) "Transaction scan device" means any commercial device or 267
combination of devices used at a point of sale that is capable of 268
deciphering in an electronically readable format the information 269
encoded on the magnetic strip or bar code of a driver's license or an 270
identity card; 271
(5) "Cannabis" means cannabis-type substances, as defined in 272
section 21a-240; 273
(6) "Cannabis product" means cannabis product, as defined in 274
section 1 of this act; and 275
(7) "Cannabis retailer" means a cannabis retailer, as defined in 276
section 1 of this act. 277
(b) (1) Any permittee or any servant or agent of a permittee who 278
sells or delivers alcoholic liquor to any minor or any intoxicated 279
person, or to any habitual drunkard, knowing the person to be such an 280
habitual drunkard, shall be subject to the penalties of section 30-113. 281
(2) Any person who sells, ships, delivers or gives alcoholic liquor to 282
a minor, by any means, including, but not limited to, the Internet or 283
any other on-line computer network, except on the order of a 284
practicing physician, shall be fined not more than three thousand five 285
hundred dollars or imprisoned not more than eighteen months, or 286
both. 287
(3) The provisions of this subsection shall not apply (A) to a sale, 288
shipment or delivery made to a person over age eighteen who is an 289
employee or permit holder under section 30-90a and where such sale, 290
shipment or delivery is made in the course of such person's 291
employment or business, (B) to a sale, shipment or delivery made in 292
good faith to a minor who practices any deceit in the procurement of 293
an identity card issued in accordance with the provisions of section 1-294
1h, who uses or exhibits any such identity card belonging to any other 295 Raised Bill No. 1085
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person or who uses or exhibits any such identity card that has been 296
altered or tampered with in any way, or (C) to a shipment or delivery 297
made to a minor by a parent, guardian or spouse of the minor, 298
provided such parent, guardian or spouse has attained the age of 299
twenty-one and provided such minor possesses such alcoholic liquor 300
while accompanied by such parent, guardian or spouse. 301
(4) Nothing in this subsection shall be construed to burden a 302
person's exercise of religion under section 3 of article first of the 303
Constitution of the state in violation of subsection (a) of section 52-304
571b. 305
(c) (1) (A) A permittee or permittee's agent or employee may 306
perform a transaction scan to check the validity of a driver's license or 307
identity card presented by a cardholder as a condition for selling, 308
giving away or otherwise distributing alcoholic liquor to the 309
cardholder. 310
(B) A cannabis retailer shall perform a transaction scan to check the 311
validity of a driver's license or identity card presented by a cardholder 312
as a condition for selling cannabis or a cannabis product to the 313
cardholder. 314
(2) (A) If the information deciphered by the transaction scan 315
performed under subdivision (1) of this subsection fails to match the 316
information printed on the driver's license or identity card presented 317
by the cardholder, or if the transaction scan indicates that the 318
information so printed is false or fraudulent, neither the permittee nor 319
any permittee's agent or employee shall sell, give away or otherwise 320
distribute any alcoholic liquor to the cardholder. 321
(B) If the information deciphered by the transaction scan performed 322
under subdivision (1) of this subsection fails to match the information 323
printed on the driver's license or identity card presented by the 324
cardholder, or if the transaction scan indicates that the information so 325
printed is false or fraudulent, the cannabis retailer shall not sell any 326
cannabis or cannabis product to the cardholder. 327 Raised Bill No. 1085
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(3) (A) Subdivision (1) of this subsection does not preclude a 328
permittee or permittee's agent or employee from using a transaction 329
scan device to check the validity of a document presented as 330
identification other than a driver's license or an identity card, if the 331
document includes a bar code or magnetic strip that may be scanned 332
by the device, as a condition for selling, giving away or otherwise 333
distributing alcoholic liquor to the person presenting the document. 334
(B) Subdivision (1) of this subsection does not preclude a cannabis 335
retailer from using a transaction scan device to check the validity of a 336
document presented as identification other than a driver's license or an 337
identity card, if the document includes a bar code or magnetic strip 338
that may be scanned by the device, as a condition for selling cannabis 339
or a cannabis product to the person presenting the document. 340
(d) (1) No permittee or permittee's agent or employee shall 341
electronically or mechanically record or maintain any information 342
derived from a transaction scan, except the following: (A) The name 343
and date of birth of the person listed on the driver's license or identity 344
card presented by a cardholder; (B) the expiration date and 345
identification number of the driver's license or identity card presented 346
by a cardholder. 347
(2) No cannabis retailer shall (A) electronically or mechanically 348
record or maintain any information derived from a transaction scan or 349
otherwise obtained from the driver's license or identity card presented 350
by a cardholder, or (B) use a transaction scan device for a purpose 351
other than the purposes specified in subsection (c) of this section. 352
[(2)] (3) No permittee or permittee's agent or employee shall use a 353
transaction scan device for a purpose other than the purposes specified 354
in subsection (c) of this section, subsection (d) of section 53-344 or 355
subsection (e) of section 53-344b. 356
[(3)] (4) No permittee or permittee's agent or employee or cannabis 357
retailer shall sell or otherwise disseminate the information derived 358
from a transaction scan to any third party for any purpose, including, 359 Raised Bill No. 1085
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but not limited to, any marketing, advertising or promotional 360
activities, except that a permittee or permittee's agent or employee may 361
release that information pursuant to a court order. 362
[(4)] (5) Nothing in subsection (c) of this section or this subsection 363
relieves a permittee or permittee's agent or employee of any 364
responsibility to comply with any other applicable state or federal laws 365
or rules governing the sale, giving away or other distribution of 366
alcoholic liquor. 367
[(5)] (6) Any person who violates this subsection shall be subject to a 368
civil penalty of not more than one thousand dollars. 369
(e) (1) In any prosecution of a permittee or permittee's agent or 370
employee for selling alcoholic liquor to a minor in violation of 371
subsection (b) of this section, it shall be an affirmative defense that all 372
of the following occurred: (A) A cardholder attempting to purchase or 373
receive alcoholic liquor presented a driver's license or an identity card; 374
(B) a transaction scan of the driver's license or identity card that the 375
cardholder presented indicated that the license or card was valid; and 376
(C) the alcoholic liquor was sold, given away or otherwise distributed 377
to the cardholder in reasonable reliance upon the identification 378
presented and the completed transaction scan. 379
(2) In determining whether a permittee or permittee's agent or 380
employee has proven the affirmative defense provided by subdivision 381
(1) of this subsection, the trier of fact in such prosecution shall consider 382
that reasonable reliance upon the identification presented and the 383
completed transaction scan may require a permittee or permittee's 384
agent or employee to exercise reasonable diligence and that the use of 385
a transaction scan device does not excuse a permittee or permittee's 386
agent or employee from exercising such reasonable diligence to 387
determine the following: (A) Whether a person to whom the permittee 388
or permittee's agent or employee sells, gives away or otherwise 389
distributes alcoholic liquor is twenty-one years of age or older; and (B) 390 Raised Bill No. 1085
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whether the description and picture appearing on the driver's license 391
or identity card presented by a cardholder are those of the cardholder. 392
Sec. 14. Section 30-88a of the general statutes is repealed and the 393
following is substituted in lieu thereof (Effective July 1, 2019): 394
Each person who attains the age of twenty-one years and has a 395
motor vehicle operator's license, containing a full-face photograph of 396
such person, may use, and each permittee or cannabis retailer may 397
accept, such license as legal proof of the age of the licensee for the 398
purposes of this chapter and section 3 of this act. Any person who, for 399
the purpose of procuring alcoholic liquor or cannabis or a cannabis 400
product, misrepresents his or her age or uses or exhibits an operator's 401
license belonging to any other person shall be fined not less than two 402
hundred dollars or more than five hundred dollars or imprisoned not 403
more than thirty days, or both. For purposes of this section, "cannabis", 404
"cannabis product" and "cannabis retailer" have the same meaning as 405
provided in section 30-86, as amended by this act. 406
Sec. 15. Subsection (a) of section 30-89 of the general statutes is 407
repealed and the following is substituted in lieu thereof (Effective July 408
1, 2019): 409
(a) Any person to whom the sale of alcoholic liquor, cannabis or a 410
cannabis product is by law forbidden who purchases or attempts to 411
purchase such liquor, cannabis or cannabis product or who makes any 412
false statement for the purpose of procuring such liquor, cannabis or 413
cannabis product shall be fined not less than two hundred or more 414
than five hundred dollars. For purposes of this subsection, "cannabis" 415
and "cannabis product" have the same meaning as provided in section 416
30-86, as amended by this act. 417
Sec. 16. Section 30-89a of the general statutes is repealed and the 418
following is substituted in lieu thereof (Effective July 1, 2019): 419
(a) No person having possession of, or exercising dominion and 420
control over, any dwelling unit or private property shall (1) 421 Raised Bill No. 1085
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knowingly, recklessly or with criminal negligence permit any minor to 422
possess alcoholic liquor in violation of subsection (b) of section 30-89 423
or cannabis or a cannabis product in such dwelling unit or on such 424
private property, or (2) knowing that any minor possesses alcoholic 425
liquor in violation of subsection (b) of section 30-89 or cannabis or a 426
cannabis product in such dwelling unit or on such private property, 427
fail to make reasonable efforts to halt such possession. For the 428
purposes of this subsection, "minor" means a person under twenty-one 429
years of age. 430
(b) For purposes of this section, "cannabis" and "cannabis product" 431
have the same meaning as provided in section 30-86, as amended by 432
this act. 433
[(b)] (c) Any person who violates the provisions of subsection (a) of 434
this section shall be guilty of a class A misdemeanor. 435
Sec. 17. Section 54-142d of the general statutes is repealed and the 436
following is substituted in lieu thereof (Effective July 1, 2019): 437
(a) Whenever any person has been convicted of an offense in any 438
court in this state and such offense has been decriminalized 439
subsequent to the date of such conviction, such person may file a 440
petition with the superior court at the location in which such 441
conviction was effected, or with the superior court at the location 442
having custody of the records of such conviction or with the records 443
center of the Judicial Department if such conviction was in the Court of 444
Common Pleas, Circuit Court, municipal court or by a trial justice, for 445
an order of erasure, and the Superior Court or records center of the 446
Judicial Department shall direct all police and court records and 447
records of the state's or prosecuting attorney pertaining to such case to 448
be physically destroyed. 449
(b) Any person who has been convicted in any court in this state of a 450
violation of section 21a-279, as amended by this act, for possession of a 451
cannabis-type substance and the amount possessed was equal to or 452
less than one and one-half ounces of such substance, may file a petition 453 Raised Bill No. 1085
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with the superior court at the location in which such conviction was 454
effected, or with the superior court at the location having custody of 455
the records of such conviction or with the records center of the Judicial 456
Department if such conviction was in the Court of Common Pleas, 457
Circuit Court, municipal court or by a trial justice, for an order of 458
erasure. As part of such petition, such person shall include a copy of 459
the arrest record or an affidavit supporting such person's petition that 460
such person possessed one and one-half ounces or less of a cannabis-461
type substance for which such person was convicted. If such petition is 462
in order, the Superior Court or records center of the Judicial 463
Department shall direct all police and court records and records of the 464
state's or prosecuting attorney pertaining to such case to be physically 465
destroyed. No fee may be charged in any court with respect to any 466
petition under this subsection. 467
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 New section
Sec. 2 July 1, 2019 New section
Sec. 3 July 1, 2019 New section
Sec. 4 July 1, 2019 New section
Sec. 5 July 1, 2019 New section
Sec. 6 July 1, 2019 New section
Sec. 7 July 1, 2019 New section
Sec. 8 July 1, 2019 19a-342(a) and (b)
Sec. 9 July 1, 2019 21a-277(b)
Sec. 10 July 1, 2019 21a-278(b)
Sec. 11 July 1, 2019 21a-279(a)
Sec. 12 July 1, 2019 21a-279a(a)
Sec. 13 July 1, 2019 30-86
Sec. 14 July 1, 2019 30-88a
Sec. 15 July 1, 2019 30-89(a)
Sec. 16 July 1, 2019 30-89a
Sec. 17 July 1, 2019 54-142d
Raised Bill No. 1085
LCO No. 6083 17 of 17
Statement of Purpose:
To legalize and regulate the recreational use of cannabis and to allow
for erasure of criminal records for convictions based on the possession
of small amounts of cannabis.
[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.]