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3 | 3 | | LCO No. 2145 1 of 9 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 5295 |
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6 | 6 | | February Session, 2020 |
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7 | 7 | | LCO No. 2145 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on GENERAL LAW |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (GL) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING RE VISIONS TO MEDICAL MARIJUANA |
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20 | 20 | | STATUTES. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. Subsection (b) of section 21a-408d of the general statutes is 1 |
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25 | 25 | | repealed and the following is substituted in lieu thereof (Effective October 2 |
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26 | 26 | | 1, 2020): 3 |
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27 | 27 | | (b) (1) The qualifying patient, or, if the qualifying patient is under 4 |
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28 | 28 | | eighteen years of age and not an emancipated minor, the custodial 5 |
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29 | 29 | | parent, guardian or other person having legal custody of the qualifying 6 |
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30 | 30 | | patient, shall select a licensed, in-state dispensary to obtain the palliative 7 |
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31 | 31 | | marijuana products at the time of registration. Upon the issuance of the 8 |
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32 | 32 | | certificate of registration by the department, the qualifying patient, or 9 |
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33 | 33 | | the qualifying patient's custodial parent, guardian or other person 10 |
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34 | 34 | | having legal custody of the qualifying patient, shall purchase such 11 |
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35 | 35 | | palliative marijuana products from such dispensary, except that the 12 |
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36 | 36 | | qualifying patient, or the qualifying patient's custodial parent, guardian 13 |
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37 | 37 | | or other person having legal custody of the qualifying patient, may 14 |
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38 | 38 | | change such dispensary in accordance with regulations adopted by the 15 |
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39 | 39 | | Raised Bill No. 5295 |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LCO No. 2145 2 of 9 |
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44 | 44 | | |
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45 | 45 | | department. Any person with a valid registration certificate who is 16 |
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46 | 46 | | found to be in possession of marijuana that did not originate from the 17 |
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47 | 47 | | selected dispensary may be subject to hearing before the commissioner 18 |
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48 | 48 | | for possible enforcement action concerning the registration certificate 19 |
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49 | 49 | | issued by the department. 20 |
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50 | 50 | | (2) The provisions of subdivision (1) of this subsection shall not apply 21 |
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51 | 51 | | if the qualifying patient, or the qualifying patient's custodial parent, 22 |
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52 | 52 | | guardian or other person having legal custody of the qualifying patient 23 |
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53 | 53 | | chooses to purchase such palliative marijuana from a dispensary that 24 |
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54 | 54 | | has more than one location, provided the dispensary at which the 25 |
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55 | 55 | | purchase is made has real-time integration with the electronic 26 |
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56 | 56 | | prescription drug monitoring program established pursuant to section 27 |
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57 | 57 | | 21a-254. 28 |
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58 | 58 | | Sec. 2. Subsection (a) of section 21a-408d of the general statutes is 29 |
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59 | 59 | | repealed and the following is substituted in lieu thereof (Effective October 30 |
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60 | 60 | | 1, 2020): 31 |
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61 | 61 | | (a) Each qualifying patient who is issued a written certification for the 32 |
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62 | 62 | | palliative use of marijuana under subdivision (1) of subsection (a) of 33 |
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63 | 63 | | section 21a-408a, and the primary caregiver of such qualifying patient, 34 |
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64 | 64 | | shall register with the Department of Consumer Protection. Such 35 |
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65 | 65 | | registration shall be effective from the date the Department of 36 |
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66 | 66 | | Consumer Protection issues a certificate of registration until the 37 |
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67 | 67 | | expiration of the written certification issued by the physician or 38 |
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68 | 68 | | advanced practice registered nurse. The qualifying patient and the 39 |
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69 | 69 | | primary caregiver shall provide sufficient identifying information, as 40 |
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70 | 70 | | determined by the department, to establish the personal identity of the 41 |
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71 | 71 | | qualifying patient and the primary caregiver. If the qualifying patient is 42 |
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72 | 72 | | under eighteen years of age and not an emancipated minor, the 43 |
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73 | 73 | | custodial parent, guardian or other person having legal custody of the 44 |
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74 | 74 | | qualifying patient shall also provide a letter from both the qualifying 45 |
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75 | 75 | | patient's primary care provider and a physician who is board certified 46 |
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76 | 76 | | in an area of medicine involved in the treatment of the debilitating 47 |
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77 | 77 | | Raised Bill No. 5295 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LCO No. 2145 3 of 9 |
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82 | 82 | | |
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83 | 83 | | condition for which the qualifying patient was certified that confirms 48 |
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84 | 84 | | that the palliative use of marijuana is in the best interest of the qualifying 49 |
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85 | 85 | | patient. A physician may issue a written certification for the palliative 50 |
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86 | 86 | | use of marijuana by a qualifying patient who is under eighteen years of 51 |
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87 | 87 | | age, provided such written certification shall not be for marijuana in a 52 |
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88 | 88 | | dosage form that requires that the marijuana be smoked, inhaled or 53 |
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89 | 89 | | vaporized. The qualifying patient or the primary caregiver shall report 54 |
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90 | 90 | | any change in the identifying information to the department not later 55 |
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91 | 91 | | than five business days after such change. The department shall issue a 56 |
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92 | 92 | | registration certificate to the qualifying patient and to the primary 57 |
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93 | 93 | | caregiver [and may charge a reasonable fee, not to exceed twenty-five 58 |
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94 | 94 | | dollars,] for each registration certificate issued under this subsection at 59 |
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95 | 95 | | no charge. [Any registration fees collected by the department under this 60 |
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96 | 96 | | subsection shall be paid to the State Treasurer and credited to the 61 |
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97 | 97 | | General Fund.] 62 |
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98 | 98 | | Sec. 3. (NEW) (Effective from passage) The Commissioner of Consumer 63 |
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99 | 99 | | Protection shall cease charging the nonrefundable fee for administrative 64 |
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100 | 100 | | costs for each qualifying patient and the nonrefundable application fee 65 |
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101 | 101 | | for each qualifying patient and caregiver under chapter 420f of the 66 |
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102 | 102 | | general statutes. The commissioner shall also cease charging the 67 |
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103 | 103 | | renewal fee for each qualifying patient under chapter 420f of the general 68 |
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104 | 104 | | statutes. The commissioner shall amend existing regulations to 69 |
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105 | 105 | | eliminate such fees in accordance with the provisions of this section. 70 |
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106 | 106 | | Sec. 4. Section 21a-408m of the general statutes is repealed and the 71 |
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107 | 107 | | following is substituted in lieu thereof (Effective October 1, 2020): 72 |
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108 | 108 | | (a) The Commissioner of Consumer Protection may adopt 73 |
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109 | 109 | | regulations, in accordance with chapter 54, to establish (1) a standard 74 |
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110 | 110 | | form for written certifications for the palliative use of marijuana issued 75 |
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111 | 111 | | by physicians and advanced practice registered nurses under 76 |
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112 | 112 | | subdivision (1) of subsection (a) of section 21a-408a, and (2) procedures 77 |
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113 | 113 | | for registrations under section 21a-408d, as amended by this act. Such 78 |
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114 | 114 | | regulations, if any, shall be adopted after consultation with the Board of 79 |
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115 | 115 | | Raised Bill No. 5295 |
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117 | 117 | | |
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118 | 118 | | |
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119 | 119 | | LCO No. 2145 4 of 9 |
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120 | 120 | | |
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121 | 121 | | Physicians established in section 21a-408l. 80 |
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122 | 122 | | [(b) The Commissioner of Consumer Protection shall adopt 81 |
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123 | 123 | | regulations, in accordance with chapter 54, to establish a reasonable fee 82 |
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124 | 124 | | to be collected from each qualifying patient to whom a written 83 |
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125 | 125 | | certification for the palliative use of marijuana is issued under 84 |
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126 | 126 | | subdivision (1) of subsection (a) of section 21a-408a, for the purpose of 85 |
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127 | 127 | | offsetting the direct and indirect costs of administering the provisions 86 |
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128 | 128 | | of sections 21a-408 to 21a-408n, inclusive. The commissioner shall collect 87 |
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129 | 129 | | such fee at the time the qualifying patient registers with the Department 88 |
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130 | 130 | | of Consumer Protection under subsection (a) of section 21a-408d. Such 89 |
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131 | 131 | | fee shall be in addition to any registration fee that may be charged under 90 |
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132 | 132 | | said subsection. The fees required to be collected by the commissioner 91 |
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133 | 133 | | from qualifying patients under this subsection shall be paid to the State 92 |
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134 | 134 | | Treasurer and credited to the General Fund.] 93 |
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135 | 135 | | [(c)] (b) The Commissioner of Consumer Protection shall adopt 94 |
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136 | 136 | | regulations, in accordance with chapter 54, to implement the provisions 95 |
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137 | 137 | | of sections 21a-408 to 21a-408g, inclusive, as amended by this act, and 96 |
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138 | 138 | | section 21a-408l. At a minimum, such regulations shall: 97 |
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139 | 139 | | (1) Govern the manner in which the department considers 98 |
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140 | 140 | | applications for the issuance and renewal of registration certificates for 99 |
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141 | 141 | | qualifying patients and primary caregivers, and establish any additional 100 |
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142 | 142 | | information to be contained in such registration certificates; 101 |
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143 | 143 | | (2) Define the protocols for determining the amount of usable 102 |
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144 | 144 | | marijuana that is necessary to constitute an adequate supply to ensure 103 |
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145 | 145 | | uninterrupted availability for a period of one month, including amounts 104 |
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146 | 146 | | for topical treatments; 105 |
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147 | 147 | | (3) Establish criteria for adding medical conditions, medical 106 |
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148 | 148 | | treatments or diseases to the list of debilitating medical conditions that 107 |
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149 | 149 | | qualify for the palliative use of marijuana; 108 |
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150 | 150 | | (4) Establish a petition process under which members of the public 109 |
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151 | 151 | | Raised Bill No. 5295 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LCO No. 2145 5 of 9 |
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156 | 156 | | |
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157 | 157 | | may submit petitions, in such manner and in such form as prescribed in 110 |
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158 | 158 | | the regulations, regarding the addition of medical conditions, medical 111 |
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159 | 159 | | treatments or diseases to the list of debilitating medical conditions; 112 |
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160 | 160 | | (5) Establish a process for public comment and public hearings before 113 |
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161 | 161 | | the board regarding the addition of medical conditions, medical 114 |
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162 | 162 | | treatments or diseases to the list of debilitating medical conditions, 115 |
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163 | 163 | | medical treatments or diseases; 116 |
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164 | 164 | | (6) Add additional medical conditions, medical treatments or 117 |
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165 | 165 | | diseases to the list of debilitating medical conditions that qualify for the 118 |
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166 | 166 | | palliative use of marijuana as recommended by the board; and 119 |
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167 | 167 | | (7) Develop a distribution system for marijuana for palliative use that 120 |
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168 | 168 | | provides for: 121 |
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169 | 169 | | (A) Marijuana production facilities within this state that are housed 122 |
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170 | 170 | | on secured grounds and operated by licensed producers; and 123 |
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171 | 171 | | (B) Distribution of marijuana for palliative use to qualifying patients 124 |
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172 | 172 | | or their primary caregivers by licensed dispensaries. 125 |
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173 | 173 | | [(d) The commissioner shall submit regulations pursuant to 126 |
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174 | 174 | | subsections (b) and (c) of this section to the standing legislative 127 |
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175 | 175 | | regulation review committee not later than July 1, 2013.] 128 |
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176 | 176 | | Sec. 5. Section 21a-408 of the general statutes is repealed and the 129 |
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177 | 177 | | following is substituted in lieu thereof (Effective October 1, 2020): 130 |
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178 | 178 | | As used in this section, sections 21a-408a to 21a-408o, inclusive, and 131 |
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179 | 179 | | sections 21a-408r to 21a-408v, inclusive, unless the context otherwise 132 |
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180 | 180 | | requires: 133 |
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181 | 181 | | (1) "Advanced practice registered nurse" means an advanced practice 134 |
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182 | 182 | | registered nurse licensed pursuant to chapter 378; 135 |
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183 | 183 | | (2) "Cultivation" includes planting, propagating, cultivating, growing 136 |
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184 | 184 | | Raised Bill No. 5295 |
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186 | 186 | | |
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187 | 187 | | |
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188 | 188 | | LCO No. 2145 6 of 9 |
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189 | 189 | | |
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190 | 190 | | and harvesting; 137 |
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191 | 191 | | (3) "Debilitating medical condition" means (A) cancer, glaucoma, 138 |
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192 | 192 | | positive status for human immunodeficiency virus or acquired immune 139 |
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193 | 193 | | deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 140 |
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194 | 194 | | the nervous tissue of the spinal cord with objective neurological 141 |
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195 | 195 | | indication of intractable spasticity, epilepsy or uncontrolled intractable 142 |
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196 | 196 | | seizure disorder, cachexia, wasting syndrome, Crohn's disease, 143 |
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197 | 197 | | posttraumatic stress disorder, irreversible spinal cord injury with 144 |
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198 | 198 | | objective neurological indication of intractable spasticity, cerebral palsy, 145 |
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199 | 199 | | cystic fibrosis, [or] terminal illness requiring end-of-life care, chronic 146 |
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200 | 200 | | pain of at least six months duration associated with a specified 147 |
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201 | 201 | | underlying chronic condition refractory to other treatment intervention, 148 |
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202 | 202 | | and Ehlers-Danlos syndrome associated with chronic pain, except, if the 149 |
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203 | 203 | | qualifying patient is under eighteen years of age, "debilitating medical 150 |
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204 | 204 | | condition" means terminal illness requiring end-of-life care, irreversible 151 |
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205 | 205 | | spinal cord injury with objective neurological indication of intractable 152 |
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206 | 206 | | spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 153 |
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207 | 207 | | intractable seizure disorder, or (B) any medical condition, medical 154 |
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208 | 208 | | treatment or disease approved for qualifying patients by the 155 |
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209 | 209 | | Department of Consumer Protection pursuant to regulations adopted 156 |
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210 | 210 | | under section 21a-408m, as amended by this act; 157 |
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211 | 211 | | (4) "Institutional animal care and use committee" means a committee 158 |
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212 | 212 | | that oversees an organization's animal program, facilities and 159 |
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213 | 213 | | procedures to ensure compliance with federal policies, guidelines and 160 |
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214 | 214 | | principles related to the care and use of animals in research; 161 |
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215 | 215 | | (5) "Institutional review board" means a specifically constituted 162 |
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216 | 216 | | review body established or designated by an organization to protect the 163 |
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217 | 217 | | rights and welfare of persons recruited to participate in biomedical, 164 |
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218 | 218 | | behavioral or social science research; 165 |
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219 | 219 | | (6) "Laboratory" means a laboratory located in the state that is 166 |
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220 | 220 | | licensed to provide analysis of controlled substances pursuant to section 167 |
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221 | 221 | | Raised Bill No. 5295 |
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223 | 223 | | |
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224 | 224 | | |
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225 | 225 | | LCO No. 2145 7 of 9 |
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226 | 226 | | |
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227 | 227 | | 21a-246 and section 21a-408r; 168 |
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228 | 228 | | (7) "Laboratory employee" means a person who is (A) licensed as a 169 |
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229 | 229 | | laboratory employee pursuant to section 21a-408r, or (B) holds a 170 |
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230 | 230 | | temporary certificate of registration issued pursuant to section 21a-408r; 171 |
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231 | 231 | | (8) "Licensed dispensary" or "dispensary" means a person who is 172 |
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232 | 232 | | licensed as a dispensary pursuant to section 21a-408h; 173 |
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233 | 233 | | (9) "Licensed producer" or "producer" means a person who is licensed 174 |
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234 | 234 | | as a producer pursuant to section 21a-408i; 175 |
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235 | 235 | | (10) "Marijuana" means marijuana, as defined in section 21a-240; 176 |
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236 | 236 | | (11) "Nurse" means a person who is licensed as a nurse under chapter 177 |
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237 | 237 | | 378; 178 |
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238 | 238 | | (12) "Palliative use" means the acquisition, distribution, transfer, 179 |
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239 | 239 | | possession, use or transportation of marijuana or paraphernalia relating 180 |
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240 | 240 | | to marijuana, including the transfer of marijuana and paraphernalia 181 |
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241 | 241 | | relating to marijuana from the patient's primary caregiver to the 182 |
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242 | 242 | | qualifying patient, to alleviate a qualifying patient's symptoms of a 183 |
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243 | 243 | | debilitating medical condition or the effects of such symptoms, but does 184 |
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244 | 244 | | not include any such use of marijuana by any person other than the 185 |
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245 | 245 | | qualifying patient; 186 |
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246 | 246 | | (13) "Paraphernalia" means drug paraphernalia, as defined in section 187 |
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247 | 247 | | 21a-240; 188 |
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248 | 248 | | (14) "Physician" means a person who is licensed as a physician under 189 |
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249 | 249 | | chapter 370, but does not include a physician assistant, as defined in 190 |
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250 | 250 | | section 20-12a; 191 |
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251 | 251 | | (15) "Primary caregiver" means a person, other than the qualifying 192 |
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252 | 252 | | patient and the qualifying patient's physician or advanced practice 193 |
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253 | 253 | | registered nurse, who is eighteen years of age or older and has agreed 194 |
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254 | 254 | | to undertake responsibility for managing the well-being of the 195 |
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255 | 255 | | Raised Bill No. 5295 |
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256 | 256 | | |
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257 | 257 | | |
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258 | 258 | | |
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259 | 259 | | LCO No. 2145 8 of 9 |
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260 | 260 | | |
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261 | 261 | | qualifying patient with respect to the palliative use of marijuana, 196 |
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262 | 262 | | provided (A) in the case of a qualifying patient (i) under eighteen years 197 |
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263 | 263 | | of age and not an emancipated minor, or (ii) otherwise lacking legal 198 |
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264 | 264 | | capacity, such person shall be a parent, guardian or person having legal 199 |
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265 | 265 | | custody of such qualifying patient, and (B) in the case of a qualifying 200 |
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266 | 266 | | patient eighteen years of age or older or an emancipated minor, the need 201 |
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267 | 267 | | for such person shall be evaluated by the qualifying patient's physician 202 |
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268 | 268 | | or advanced practice registered nurse and such need shall be 203 |
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269 | 269 | | documented in the written certification; 204 |
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270 | 270 | | (16) "Qualifying patient" means a person who: (A) Is a resident of 205 |
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271 | 271 | | Connecticut, (B) has been diagnosed by a physician or an advanced 206 |
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272 | 272 | | practice registered nurse as having a debilitating medical condition, and 207 |
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273 | 273 | | (C) (i) is eighteen years of age or older, (ii) is an emancipated minor, or 208 |
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274 | 274 | | (iii) has written consent from a custodial parent, guardian or other 209 |
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275 | 275 | | person having legal custody of such person that indicates that such 210 |
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276 | 276 | | person has permission from such parent, guardian or other person for 211 |
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277 | 277 | | the palliative use of marijuana for a debilitating medical condition and 212 |
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278 | 278 | | that such parent, guardian or other person will (I) serve as a primary 213 |
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279 | 279 | | caregiver for the qualifying patient, and (II) control the acquisition and 214 |
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280 | 280 | | possession of marijuana and any related paraphernalia for palliative use 215 |
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281 | 281 | | on behalf of such person. "Qualifying patient" does not include an 216 |
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282 | 282 | | inmate confined in a correctional institution or facility under the 217 |
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283 | 283 | | supervision of the Department of Correction; 218 |
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284 | 284 | | (17) "Research program" means a study approved by the Department 219 |
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285 | 285 | | of Consumer Protection in accordance with this chapter and undertaken 220 |
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286 | 286 | | to increase information or knowledge regarding the growth, processing, 221 |
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287 | 287 | | medical attributes, dosage forms, administration or use of marijuana to 222 |
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288 | 288 | | treat or alleviate symptoms of any medical conditions or the effects of 223 |
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289 | 289 | | such symptoms; 224 |
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290 | 290 | | (18) "Research program employee" means a person who (A) is 225 |
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291 | 291 | | licensed as a research program employee under section 21a-408t, or (B) 226 |
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292 | 292 | | holds a temporary certificate of registration issued pursuant to section 227 |
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293 | 293 | | Raised Bill No. 5295 |
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294 | 294 | | |
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295 | 295 | | |
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296 | 296 | | |
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297 | 297 | | LCO No. 2145 9 of 9 |
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298 | 298 | | |
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299 | 299 | | 21a-408t; 228 |
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300 | 300 | | (19) "Research program subject" means a person registered as a 229 |
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301 | 301 | | research program subject pursuant to section 21a-408v; 230 |
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302 | 302 | | (20) "Usable marijuana" means the dried leaves and flowers of the 231 |
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303 | 303 | | marijuana plant, and any mixtures or preparations of such leaves and 232 |
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304 | 304 | | flowers, that are appropriate for the palliative use of marijuana, but does 233 |
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305 | 305 | | not include the seeds, stalks and roots of the marijuana plant; and 234 |
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306 | 306 | | (21) "Written certification" means a written certification issued by a 235 |
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307 | 307 | | physician or an advanced practice registered nurse pursuant to section 236 |
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308 | 308 | | 21a-408c. 237 |
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309 | 309 | | Sec. 6. (NEW) (Effective October 1, 2020) No producer licensed 238 |
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310 | 310 | | pursuant to section 21a-408i of the general statutes, or any agent of such 239 |
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311 | 311 | | producer, shall offer or give to a dispensary licensed pursuant to section 240 |
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312 | 312 | | 21a-408h of the general statutes, or any employee of such dispensary, 241 |
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313 | 313 | | anything of value, including, but not limited to, a gift or reward, unless 242 |
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314 | 314 | | authorized by law. 243 |
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315 | 315 | | This act shall take effect as follows and shall amend the following |
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316 | 316 | | sections: |
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317 | 317 | | |
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318 | 318 | | Section 1 October 1, 2020 21a-408d(b) |
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319 | 319 | | Sec. 2 October 1, 2020 21a-408d(a) |
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320 | 320 | | Sec. 3 from passage New section |
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321 | 321 | | Sec. 4 October 1, 2020 21a-408m |
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322 | 322 | | Sec. 5 October 1, 2020 21a-408 |
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323 | 323 | | Sec. 6 October 1, 2020 New section |
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324 | 324 | | |
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325 | 325 | | Statement of Purpose: |
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326 | 326 | | To make various revisions to the medical marijuana program. |
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327 | 327 | | |
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328 | 328 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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329 | 329 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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330 | 330 | | underlined.] |
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331 | 331 | | |
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