Connecticut 2020 Regular Session

Connecticut House Bill HB05295 Compare Versions

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55 General Assembly Raised Bill No. 5295
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1010 Referred to Committee on GENERAL LAW
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1919 AN ACT CONCERNING RE VISIONS TO MEDICAL MARIJUANA
2020 STATUTES.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Subsection (b) of section 21a-408d of the general statutes is 1
2525 repealed and the following is substituted in lieu thereof (Effective October 2
2626 1, 2020): 3
2727 (b) (1) The qualifying patient, or, if the qualifying patient is under 4
2828 eighteen years of age and not an emancipated minor, the custodial 5
2929 parent, guardian or other person having legal custody of the qualifying 6
3030 patient, shall select a licensed, in-state dispensary to obtain the palliative 7
3131 marijuana products at the time of registration. Upon the issuance of the 8
3232 certificate of registration by the department, the qualifying patient, or 9
3333 the qualifying patient's custodial parent, guardian or other person 10
3434 having legal custody of the qualifying patient, shall purchase such 11
3535 palliative marijuana products from such dispensary, except that the 12
3636 qualifying patient, or the qualifying patient's custodial parent, guardian 13
3737 or other person having legal custody of the qualifying patient, may 14
3838 change such dispensary in accordance with regulations adopted by the 15
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4545 department. Any person with a valid registration certificate who is 16
4646 found to be in possession of marijuana that did not originate from the 17
4747 selected dispensary may be subject to hearing before the commissioner 18
4848 for possible enforcement action concerning the registration certificate 19
4949 issued by the department. 20
5050 (2) The provisions of subdivision (1) of this subsection shall not apply 21
5151 if the qualifying patient, or the qualifying patient's custodial parent, 22
5252 guardian or other person having legal custody of the qualifying patient 23
5353 chooses to purchase such palliative marijuana from a dispensary that 24
5454 has more than one location, provided the dispensary at which the 25
5555 purchase is made has real-time integration with the electronic 26
5656 prescription drug monitoring program established pursuant to section 27
5757 21a-254. 28
5858 Sec. 2. Subsection (a) of section 21a-408d of the general statutes is 29
5959 repealed and the following is substituted in lieu thereof (Effective October 30
6060 1, 2020): 31
6161 (a) Each qualifying patient who is issued a written certification for the 32
6262 palliative use of marijuana under subdivision (1) of subsection (a) of 33
6363 section 21a-408a, and the primary caregiver of such qualifying patient, 34
6464 shall register with the Department of Consumer Protection. Such 35
6565 registration shall be effective from the date the Department of 36
6666 Consumer Protection issues a certificate of registration until the 37
6767 expiration of the written certification issued by the physician or 38
6868 advanced practice registered nurse. The qualifying patient and the 39
6969 primary caregiver shall provide sufficient identifying information, as 40
7070 determined by the department, to establish the personal identity of the 41
7171 qualifying patient and the primary caregiver. If the qualifying patient is 42
7272 under eighteen years of age and not an emancipated minor, the 43
7373 custodial parent, guardian or other person having legal custody of the 44
7474 qualifying patient shall also provide a letter from both the qualifying 45
7575 patient's primary care provider and a physician who is board certified 46
7676 in an area of medicine involved in the treatment of the debilitating 47
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8383 condition for which the qualifying patient was certified that confirms 48
8484 that the palliative use of marijuana is in the best interest of the qualifying 49
8585 patient. A physician may issue a written certification for the palliative 50
8686 use of marijuana by a qualifying patient who is under eighteen years of 51
8787 age, provided such written certification shall not be for marijuana in a 52
8888 dosage form that requires that the marijuana be smoked, inhaled or 53
8989 vaporized. The qualifying patient or the primary caregiver shall report 54
9090 any change in the identifying information to the department not later 55
9191 than five business days after such change. The department shall issue a 56
9292 registration certificate to the qualifying patient and to the primary 57
9393 caregiver [and may charge a reasonable fee, not to exceed twenty-five 58
9494 dollars,] for each registration certificate issued under this subsection at 59
9595 no charge. [Any registration fees collected by the department under this 60
9696 subsection shall be paid to the State Treasurer and credited to the 61
9797 General Fund.] 62
9898 Sec. 3. (NEW) (Effective from passage) The Commissioner of Consumer 63
9999 Protection shall cease charging the nonrefundable fee for administrative 64
100100 costs for each qualifying patient and the nonrefundable application fee 65
101101 for each qualifying patient and caregiver under chapter 420f of the 66
102102 general statutes. The commissioner shall also cease charging the 67
103103 renewal fee for each qualifying patient under chapter 420f of the general 68
104104 statutes. The commissioner shall amend existing regulations to 69
105105 eliminate such fees in accordance with the provisions of this section. 70
106106 Sec. 4. Section 21a-408m of the general statutes is repealed and the 71
107107 following is substituted in lieu thereof (Effective October 1, 2020): 72
108108 (a) The Commissioner of Consumer Protection may adopt 73
109109 regulations, in accordance with chapter 54, to establish (1) a standard 74
110110 form for written certifications for the palliative use of marijuana issued 75
111111 by physicians and advanced practice registered nurses under 76
112112 subdivision (1) of subsection (a) of section 21a-408a, and (2) procedures 77
113113 for registrations under section 21a-408d, as amended by this act. Such 78
114114 regulations, if any, shall be adopted after consultation with the Board of 79
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121121 Physicians established in section 21a-408l. 80
122122 [(b) The Commissioner of Consumer Protection shall adopt 81
123123 regulations, in accordance with chapter 54, to establish a reasonable fee 82
124124 to be collected from each qualifying patient to whom a written 83
125125 certification for the palliative use of marijuana is issued under 84
126126 subdivision (1) of subsection (a) of section 21a-408a, for the purpose of 85
127127 offsetting the direct and indirect costs of administering the provisions 86
128128 of sections 21a-408 to 21a-408n, inclusive. The commissioner shall collect 87
129129 such fee at the time the qualifying patient registers with the Department 88
130130 of Consumer Protection under subsection (a) of section 21a-408d. Such 89
131131 fee shall be in addition to any registration fee that may be charged under 90
132132 said subsection. The fees required to be collected by the commissioner 91
133133 from qualifying patients under this subsection shall be paid to the State 92
134134 Treasurer and credited to the General Fund.] 93
135135 [(c)] (b) The Commissioner of Consumer Protection shall adopt 94
136136 regulations, in accordance with chapter 54, to implement the provisions 95
137137 of sections 21a-408 to 21a-408g, inclusive, as amended by this act, and 96
138138 section 21a-408l. At a minimum, such regulations shall: 97
139139 (1) Govern the manner in which the department considers 98
140140 applications for the issuance and renewal of registration certificates for 99
141141 qualifying patients and primary caregivers, and establish any additional 100
142142 information to be contained in such registration certificates; 101
143143 (2) Define the protocols for determining the amount of usable 102
144144 marijuana that is necessary to constitute an adequate supply to ensure 103
145145 uninterrupted availability for a period of one month, including amounts 104
146146 for topical treatments; 105
147147 (3) Establish criteria for adding medical conditions, medical 106
148148 treatments or diseases to the list of debilitating medical conditions that 107
149149 qualify for the palliative use of marijuana; 108
150150 (4) Establish a petition process under which members of the public 109
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157157 may submit petitions, in such manner and in such form as prescribed in 110
158158 the regulations, regarding the addition of medical conditions, medical 111
159159 treatments or diseases to the list of debilitating medical conditions; 112
160160 (5) Establish a process for public comment and public hearings before 113
161161 the board regarding the addition of medical conditions, medical 114
162162 treatments or diseases to the list of debilitating medical conditions, 115
163163 medical treatments or diseases; 116
164164 (6) Add additional medical conditions, medical treatments or 117
165165 diseases to the list of debilitating medical conditions that qualify for the 118
166166 palliative use of marijuana as recommended by the board; and 119
167167 (7) Develop a distribution system for marijuana for palliative use that 120
168168 provides for: 121
169169 (A) Marijuana production facilities within this state that are housed 122
170170 on secured grounds and operated by licensed producers; and 123
171171 (B) Distribution of marijuana for palliative use to qualifying patients 124
172172 or their primary caregivers by licensed dispensaries. 125
173173 [(d) The commissioner shall submit regulations pursuant to 126
174174 subsections (b) and (c) of this section to the standing legislative 127
175175 regulation review committee not later than July 1, 2013.] 128
176176 Sec. 5. Section 21a-408 of the general statutes is repealed and the 129
177177 following is substituted in lieu thereof (Effective October 1, 2020): 130
178178 As used in this section, sections 21a-408a to 21a-408o, inclusive, and 131
179179 sections 21a-408r to 21a-408v, inclusive, unless the context otherwise 132
180180 requires: 133
181181 (1) "Advanced practice registered nurse" means an advanced practice 134
182182 registered nurse licensed pursuant to chapter 378; 135
183183 (2) "Cultivation" includes planting, propagating, cultivating, growing 136
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191191 (3) "Debilitating medical condition" means (A) cancer, glaucoma, 138
192192 positive status for human immunodeficiency virus or acquired immune 139
193193 deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 140
194194 the nervous tissue of the spinal cord with objective neurological 141
195195 indication of intractable spasticity, epilepsy or uncontrolled intractable 142
196196 seizure disorder, cachexia, wasting syndrome, Crohn's disease, 143
197197 posttraumatic stress disorder, irreversible spinal cord injury with 144
198198 objective neurological indication of intractable spasticity, cerebral palsy, 145
199199 cystic fibrosis, [or] terminal illness requiring end-of-life care, chronic 146
200200 pain of at least six months duration associated with a specified 147
201201 underlying chronic condition refractory to other treatment intervention, 148
202202 and Ehlers-Danlos syndrome associated with chronic pain, except, if the 149
203203 qualifying patient is under eighteen years of age, "debilitating medical 150
204204 condition" means terminal illness requiring end-of-life care, irreversible 151
205205 spinal cord injury with objective neurological indication of intractable 152
206206 spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 153
207207 intractable seizure disorder, or (B) any medical condition, medical 154
208208 treatment or disease approved for qualifying patients by the 155
209209 Department of Consumer Protection pursuant to regulations adopted 156
210210 under section 21a-408m, as amended by this act; 157
211211 (4) "Institutional animal care and use committee" means a committee 158
212212 that oversees an organization's animal program, facilities and 159
213213 procedures to ensure compliance with federal policies, guidelines and 160
214214 principles related to the care and use of animals in research; 161
215215 (5) "Institutional review board" means a specifically constituted 162
216216 review body established or designated by an organization to protect the 163
217217 rights and welfare of persons recruited to participate in biomedical, 164
218218 behavioral or social science research; 165
219219 (6) "Laboratory" means a laboratory located in the state that is 166
220220 licensed to provide analysis of controlled substances pursuant to section 167
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227227 21a-246 and section 21a-408r; 168
228228 (7) "Laboratory employee" means a person who is (A) licensed as a 169
229229 laboratory employee pursuant to section 21a-408r, or (B) holds a 170
230230 temporary certificate of registration issued pursuant to section 21a-408r; 171
231231 (8) "Licensed dispensary" or "dispensary" means a person who is 172
232232 licensed as a dispensary pursuant to section 21a-408h; 173
233233 (9) "Licensed producer" or "producer" means a person who is licensed 174
234234 as a producer pursuant to section 21a-408i; 175
235235 (10) "Marijuana" means marijuana, as defined in section 21a-240; 176
236236 (11) "Nurse" means a person who is licensed as a nurse under chapter 177
237237 378; 178
238238 (12) "Palliative use" means the acquisition, distribution, transfer, 179
239239 possession, use or transportation of marijuana or paraphernalia relating 180
240240 to marijuana, including the transfer of marijuana and paraphernalia 181
241241 relating to marijuana from the patient's primary caregiver to the 182
242242 qualifying patient, to alleviate a qualifying patient's symptoms of a 183
243243 debilitating medical condition or the effects of such symptoms, but does 184
244244 not include any such use of marijuana by any person other than the 185
245245 qualifying patient; 186
246246 (13) "Paraphernalia" means drug paraphernalia, as defined in section 187
247247 21a-240; 188
248248 (14) "Physician" means a person who is licensed as a physician under 189
249249 chapter 370, but does not include a physician assistant, as defined in 190
250250 section 20-12a; 191
251251 (15) "Primary caregiver" means a person, other than the qualifying 192
252252 patient and the qualifying patient's physician or advanced practice 193
253253 registered nurse, who is eighteen years of age or older and has agreed 194
254254 to undertake responsibility for managing the well-being of the 195
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261261 qualifying patient with respect to the palliative use of marijuana, 196
262262 provided (A) in the case of a qualifying patient (i) under eighteen years 197
263263 of age and not an emancipated minor, or (ii) otherwise lacking legal 198
264264 capacity, such person shall be a parent, guardian or person having legal 199
265265 custody of such qualifying patient, and (B) in the case of a qualifying 200
266266 patient eighteen years of age or older or an emancipated minor, the need 201
267267 for such person shall be evaluated by the qualifying patient's physician 202
268268 or advanced practice registered nurse and such need shall be 203
269269 documented in the written certification; 204
270270 (16) "Qualifying patient" means a person who: (A) Is a resident of 205
271271 Connecticut, (B) has been diagnosed by a physician or an advanced 206
272272 practice registered nurse as having a debilitating medical condition, and 207
273273 (C) (i) is eighteen years of age or older, (ii) is an emancipated minor, or 208
274274 (iii) has written consent from a custodial parent, guardian or other 209
275275 person having legal custody of such person that indicates that such 210
276276 person has permission from such parent, guardian or other person for 211
277277 the palliative use of marijuana for a debilitating medical condition and 212
278278 that such parent, guardian or other person will (I) serve as a primary 213
279279 caregiver for the qualifying patient, and (II) control the acquisition and 214
280280 possession of marijuana and any related paraphernalia for palliative use 215
281281 on behalf of such person. "Qualifying patient" does not include an 216
282282 inmate confined in a correctional institution or facility under the 217
283283 supervision of the Department of Correction; 218
284284 (17) "Research program" means a study approved by the Department 219
285285 of Consumer Protection in accordance with this chapter and undertaken 220
286286 to increase information or knowledge regarding the growth, processing, 221
287287 medical attributes, dosage forms, administration or use of marijuana to 222
288288 treat or alleviate symptoms of any medical conditions or the effects of 223
289289 such symptoms; 224
290290 (18) "Research program employee" means a person who (A) is 225
291291 licensed as a research program employee under section 21a-408t, or (B) 226
292292 holds a temporary certificate of registration issued pursuant to section 227
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300300 (19) "Research program subject" means a person registered as a 229
301301 research program subject pursuant to section 21a-408v; 230
302302 (20) "Usable marijuana" means the dried leaves and flowers of the 231
303303 marijuana plant, and any mixtures or preparations of such leaves and 232
304304 flowers, that are appropriate for the palliative use of marijuana, but does 233
305305 not include the seeds, stalks and roots of the marijuana plant; and 234
306306 (21) "Written certification" means a written certification issued by a 235
307307 physician or an advanced practice registered nurse pursuant to section 236
308308 21a-408c. 237
309309 Sec. 6. (NEW) (Effective October 1, 2020) No producer licensed 238
310310 pursuant to section 21a-408i of the general statutes, or any agent of such 239
311311 producer, shall offer or give to a dispensary licensed pursuant to section 240
312312 21a-408h of the general statutes, or any employee of such dispensary, 241
313313 anything of value, including, but not limited to, a gift or reward, unless 242
314314 authorized by law. 243
315315 This act shall take effect as follows and shall amend the following
316316 sections:
317317
318318 Section 1 October 1, 2020 21a-408d(b)
319319 Sec. 2 October 1, 2020 21a-408d(a)
320320 Sec. 3 from passage New section
321321 Sec. 4 October 1, 2020 21a-408m
322322 Sec. 5 October 1, 2020 21a-408
323323 Sec. 6 October 1, 2020 New section
324324
325325 Statement of Purpose:
326326 To make various revisions to the medical marijuana program.
327327
328328 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
329329 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
330330 underlined.]
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