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repealed and the following is substituted in lieu thereof (Effective October 2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repealed and the following is substituted in lieu thereof (Effective October 30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