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Connecticut House Bill HB07003

Connecticut 2020 Regular Session

Connecticut House Bill HB07003 Compare Versions

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1+
2+
3+LCO No. 4342 1 of 26
4+
5+General Assembly Bill No. 7003
6+September Special Session, 2020
7+LCO No. 4342
8+
9+
10+Referred to Committee on No Committee
11+
12+
13+Introduced by:
14+REP. ARESIMOWICZ, 30
15+th
16+ Dist.
17+SEN. LOONEY, 11
18+th
19+ Dist.
20+SEN. DUFF, 25
21+th
22+ Dist.
23+REP. RITTER M., 1
24+st
25+ Dist.
126
227
328
4-House Bill No. 7003
5-
6-September Special Session, Public Act No. 20-2
729
830
9-AN ACT REVISING THE STATE HEMP PROGRAM I N
10-ACCORDANCE WITH FEDE RAL REQUIREMENTS.
31+
32+AN ACT REVISING THE STATE HEMP PROGRAM I N ACCORDANCE
33+WITH FEDERAL REQUIRE MENTS.
1134 Be it enacted by the Senate and House of Representatives in General
1235 Assembly convened:
1336
14-Section 1. Section 22-61l of the 2020 supplement to the general statutes
15-is repealed and the following is substituted in lieu thereof (Effective
16-October 31, 2020):
17-(a) For the purpose of this section and section 22-61m, the following
18-terms have the same meaning as provided in 7 CFR 990.1, as amended
19-from time to time: "Acceptable hemp THC level", "Agricultural
20-marketing service", "Cannabis", "Conviction", "Corrective action plan",
21-"Culpable mental state greater than negligence", "Decarboxylated",
22-"Decarboxylation", "Dry weight basis", "Gas chromatography",
23-"Geospatial location", "Handle", "High -performance liquid
24-chromatography", "Information sharing system", "Measurement of
25-uncertainty", "Negligence", "Phytocannabinoid", "Postdecarboxylation"
26-and "Reverse distributor". In addition, for the purpose of this section
27-and section 22-61m:
28-(1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by
29-the same name; [and with a delta-9 tetrahydrocannabinol concentration
30-of not more than 0.3 per cent on a dry weight basis derived from hemp, House Bill No. 7003
37+Section 1. Section 22-61l of the 2020 supplement to the general statutes 1
38+is repealed and the following is substituted in lieu thereof (Effective 2
39+October 31, 2020): 3
40+(a) For the purpose of this section and section 22-61m, the following 4
41+terms have the same meaning as provided in 7 CFR 990.1, as amended 5
42+from time to time: "Acceptable hemp THC level", "Agricultural 6
43+marketing service", "Cannabis", "Conviction", "Corrective action plan", 7
44+"Culpable mental state greater than negligence", "Decarboxylated", 8
45+"Decarboxylation", "Dry weight basis", "Gas chromatography", 9
46+"Geospatial location", "Handle", "High -performance liquid 10
47+chromatography", "Information sharing system", "Measurement of 11
48+uncertainty", "Negligence", "Phytocannabinoid", "Postdecarboxylation" 12
49+Bill No.
3150
32-Sept. Sp. Sess., Public Act No. 20-2 2 of 27
3351
34-as defined in the federal act;]
35-(2) "Certificate of analysis" means a certificate from a laboratory
36-describing the results of the laboratory's testing of a sample;
37-[(3) "Certified seed" means hemp seed for which a certificate or any
38-other instrument has been issued by an agency authorized under the
39-laws of a state, territory or possession of the United States to officially
40-certify hemp seed and that has standards and procedures approved by
41-the United States Secretary of Agriculture to assure the genetic purity
42-and identity of the hemp seed certified;]
43-[(4)] (3) "Commissioner" means the Commissioner of Agriculture, or
44-the commissioner's designated agent;
45-[(5) "Consumable" means hemp products intended for human
46-ingestion, inhalation, absorption or other internal consumption, that
47-contains a THC concentration of not more than 0.3 per cent on a dry
48-weight basis;]
49-[(6)] (4) "Cultivate" means [planting, growing and harvesting a plant
50-or] to plant, grow, harvest, handle and store a plant or crop; [for
51-commercial or research purposes;]
52-[(7)] (5) "Federal act" means the United States Agricultural Marketing
53-Act of 1946, 7 USC [1621] 1639o et seq., as amended from time to time;
54-[(8)] (6) "Department" means the Department of Agriculture;
55-[(9) "Grower" means a person in the state licensed by the
56-commissioner to cultivate, grow, harvest, handle, store and market
57-hemp pursuant to the federal act, the provisions of this section and the
58-regulations adopted pursuant to this section;
59-(10) "Handle" means possessing or storing hemp for any period of
60-time on premises owned, operated or controlled by a person licensed to House Bill No. 7003
6152
62-Sept. Sp. Sess., Public Act No. 20-2 3 of 27
53+LCO No. 4342 2 of 26
6354
64-cultivate or process hemp, and includes possessing or transporting
65-hemp;]
66-[(11)] (7) "Hemp" has the same meaning as provided in the federal
67-act;
68-[(12)] (8) "Hemp products" means [products with a delta-9
69-tetrahydrocannabinol concentration of not more than 0.3 per cent on a
70-dry weight basis derived from, or made by, the processing of hemp
71-plants or hemp plant parts] all manufacturer hemp products and
72-producer hemp products;
73-[(13)] (9) "Independent testing laboratory" means a facility:
74-(A) For which no person who has any direct or indirect financial or
75-managerial interest in the laboratory and also has any direct or indirect
76-interest in a facility that:
77-(i) [Processes, cultivates] Produces, distributes, manufactures or sells
78-hemp or hemp products, or marijuana in any state or territory of the
79-United States; or
80-(ii) Cultivates, processes, distributes, dispenses or sells marijuana;
81-and
82-(B) That is accredited as a laboratory in compliance with section 21a-
83-408-59 of the regulations of Connecticut state agencies;
84-[(14)] (10) "Laboratory" means a laboratory [located in the state that
85-is licensed by the Department of Consumer Protection to provide
86-analysis of controlled substances pursuant to section 21a-246, The
87-University of Connecticut, the Connecticut Agricultural Experiment
88-Station, the Department of Public Health, the United States Food and
89-Drug Administration, the United States Department of Agriculture or a
90-facility] that meets the [following additional criteria] requirements of 7 House Bill No. 7003
55+and "Reverse distributor". In addition, for the purpose of this section 13
56+and section 22-61m: 14
57+(1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by 15
58+the same name; [and with a delta-9 tetrahydrocannabinol concentration 16
59+of not more than 0.3 per cent on a dry weight basis derived from hemp, 17
60+as defined in the federal act;] 18
61+(2) "Certificate of analysis" means a certificate from a laboratory 19
62+describing the results of the laboratory's testing of a sample; 20
63+[(3) "Certified seed" means hemp seed for which a certificate or any 21
64+other instrument has been issued by an agency authorized under the 22
65+laws of a state, territory or possession of the United States to officially 23
66+certify hemp seed and that has standards and procedures approved by 24
67+the United States Secretary of Agriculture to assure the genetic purity 25
68+and identity of the hemp seed certified;] 26
69+[(4)] (3) "Commissioner" means the Commissioner of Agriculture, or 27
70+the commissioner's designated agent; 28
71+[(5) "Consumable" means hemp products intended for human 29
72+ingestion, inhalation, absorption or other internal consumption, that 30
73+contains a THC concentration of not more than 0.3 per cent on a dry 31
74+weight basis;] 32
75+[(6)] (4) "Cultivate" means [planting, growing and harvesting a plant 33
76+or] to plant, grow, harvest, handle and store a plant or crop; [for 34
77+commercial or research purposes;] 35
78+[(7)] (5) "Federal act" means the United States Agricultural Marketing 36
79+Act of 1946, 7 USC [1621] 1639o et seq., as amended from time to time; 37
80+[(8)] (6) "Department" means the Department of Agriculture; 38
81+[(9) "Grower" means a person in the state licensed by the 39
82+commissioner to cultivate, grow, harvest, handle, store and market 40
83+Bill No.
9184
92-Sept. Sp. Sess., Public Act No. 20-2 4 of 27
9385
94-CFR 990.3 and that is accredited as a testing laboratory to International
95-Organization for Standardization (ISO) 17025 by a third-party
96-accrediting body such as the American Association for Laboratory
97-Accreditation or the Assured Calibration and Laboratory Accreditation
98-Select Services;
99-[(15)] (11) "Law enforcement agency" means the Connecticut State
100-Police, the United States Drug Enforcement Administration, the
101-Department of Agriculture, the Department of Consumer Protection
102-Drug Control Division or any other federal, state or local law
103-enforcement agency or drug suppression unit;
104-[(16)] (12) "Licensee" means [a person who] an individual or entity
105-that possesses a license to [cultivate, process] produce or manufacture
106-hemp or hemp products in this state;
107-[(17)] (13) "Manufacture" means the conversion of [hemp for the
108-purpose of creating a consumable] the hemp plant into a by-product by
109-means of adding heat, solvents or any method of extraction that
110-modifies the original composition of the plant for the purpose of
111-creating a manufacturer hemp product for commercial or research
112-purposes;
113-[(18)] (14) "Manufacturer" means a person in the state licensed by the
114-Commissioner of Consumer Protection to manufacture, handle, store
115-and market manufacturer hemp products pursuant to [the federal act,]
116-the provisions of section 22-61m and any regulation adopted pursuant
117-to section 22-61m;
118-[(19)] (15) "Marijuana" has the same meaning as provided in section
119-21a-240;
120-[(20)] (16) "Market" or "marketing" means promoting, distributing or
121-selling a hemp product within the state, in another state or outside of
122-the United States and includes efforts to advertise and gather House Bill No. 7003
12386
124-Sept. Sp. Sess., Public Act No. 20-2 5 of 27
87+LCO No. 4342 3 of 26
12588
126-information about the needs or preferences of potential consumers or
127-suppliers;
128-[(21)] (17) "On-site manager" means the individual designated by the
129-[licensee] producer license applicant or producer responsible for on-site
130-management and operations of a licensed [grower or licensed processor]
131-producer;
132-[(22)] (18) "Pesticide" has the same meaning as "pesticide chemical" as
133-provided in section 21a-92;
134-[(23) "Plot"] (19) "Lot" means a contiguous area in a field, greenhouse
135-or indoor growing structure containing the same variety or strain of
136-hemp throughout the area;
137-[(24)] (20) "Post-harvest sample" means a representative sample of the
138-form of hemp taken from the harvested hemp from a particular [plot's]
139-lot's harvest that is collected in accordance with the procedures
140-established by the commissioner;
141-[(25)] (21) "Pre-harvest sample" means a composite, representative
142-portion from plants in a hemp [plot] lot, that is collected in accordance
143-with the procedures established by the commissioner;
144-[(26) "Process"] (22) "Produce" means [using or converting hemp for
145-the purpose of creating a form of the commodity, that is not a
146-consumable, for commercial or research purposes] to cultivate hemp or
147-create any producer hemp product;
148-[(27) "Processor" means a person in the state licensed by the
149-commissioner to process, handle, store and market hemp pursuant to
150-the federal act, the provisions of this section and any regulation adopted
151-pursuant to this section;]
152-[(28)] (23) "State plan" means a state plan, as described in the federal House Bill No. 7003
89+hemp pursuant to the federal act, the provisions of this section and the 41
90+regulations adopted pursuant to this section; 42
91+(10) "Handle" means possessing or storing hemp for any period of 43
92+time on premises owned, operated or controlled by a person licensed to 44
93+cultivate or process hemp, and includes possessing or transporting 45
94+hemp;] 46
95+[(11)] (7) "Hemp" has the same meaning as provided in the federal 47
96+act; 48
97+[(12)] (8) "Hemp products" means [products with a delta-9 49
98+tetrahydrocannabinol concentration of not more than 0.3 per cent on a 50
99+dry weight basis derived from, or made by, the processing of hemp 51
100+plants or hemp plant parts] all manufacturer hemp products and 52
101+producer hemp products; 53
102+[(13)] (9) "Independent testing laboratory" means a facility: 54
103+(A) For which no person who has any direct or indirect financial or 55
104+managerial interest in the laboratory and also has any direct or indirect 56
105+interest in a facility that: 57
106+(i) [Processes, cultivates] Produces, distributes, manufactures or sells 58
107+hemp or hemp products, or marijuana in any state or territory of the 59
108+United States; or 60
109+(ii) Cultivates, processes, distributes, dispenses or sells marijuana; 61
110+and 62
111+(B) That is accredited as a laboratory in compliance with section 21a-63
112+408-59 of the regulations of Connecticut state agencies; 64
113+[(14)] (10) "Laboratory" means a laboratory [located in the state that 65
114+is licensed by the Department of Consumer Protection to provide 66
115+analysis of controlled substances pursuant to section 21a-246, The 67
116+University of Connecticut, the Connecticut Agricultural Experiment 68
117+Bill No.
153118
154-Sept. Sp. Sess., Public Act No. 20-2 6 of 27
155119
156-act and as authorized pursuant to this section;
157-[(29) "Signing authority" means an officer or agent of the applicant
158-with written authorization of such applicant to commit the applicant to
159-a binding agreement;]
160-[(30)] (24) "THC" means delta-9-tetrahydrocannabinol;
161-[(31) "Homogenize" means to blend hemp into a mixture that has a
162-uniform quality and content throughout such mixture; and
163-(32) "Business entity" means any corporation, limited liability
164-company, association or partnership.]
165-(25) "Controlled Substances Act" or "CSA" means the Controlled
166-Substances Act as codified in 21 USC 801 et seq.;
167-(26) "Criminal history report" means the Federal Bureau of
168-Investigation's Identity History Summary;
169-(27) "Drug Enforcement Administration" or "DEA" means the United
170-States Drug Enforcement Administration;
171-(28) "Farm service agency" or "FSA" means an agency of the United
172-States Department of Agriculture;
173-(29) "Key participant" means a sole proprietor, a partner in
174-partnership or a person with executive managerial control in an entity,
175-including persons such as a chief executive officer, chief operating
176-officer and chief financial officer;
177-(30) "Manufacturer hemp product" means a commodity
178-manufactured from the hemp plant, for commercial or research
179-purposes, that is intended for human ingestion, inhalation, absorption
180-or other internal consumption, that contains a THC concentration of not
181-more than 0.3 per cent on a dry weight basis or per volume or weight of House Bill No. 7003
182120
183-Sept. Sp. Sess., Public Act No. 20-2 7 of 27
121+LCO No. 4342 4 of 26
184122
185-such manufacturer hemp product;
186-(31) "Producer" means an individual or entity licensed by the
187-commissioner to produce and market producer hemp products
188-pursuant to the federal act, the state plan, the provisions of this section
189-and the regulations adopted pursuant to this section;
190-(32) "Producer hemp product" means any of the following produced
191-in this state: Raw hemp product, fiber-based hemp product or animal
192-hemp food product, and each of which contains a THC concentration of
193-not more than 0.3 per cent on a dry weight basis or per volume or weight
194-of such producer hemp product;
195-(33) "USDA" means the United States Department of Agriculture;
196-(34) "Entity" means a corporation, joint stock company, association,
197-limited partnership, limited liability partnership, limited liability
198-company, irrevocable trust, estate, charitable organization or other
199-similar organization, including any such organization participating in
200-the hemp production as a partner in a general partnership, a participant
201-in a joint venture or a participant in a similar organization; and
202-(35) "Homogenize" means to blend hemp into a mixture that has a
203-uniform quality and content throughout such mixture.
204-(b) The Commissioner of Agriculture shall establish and operate an
205-agricultural pilot program, as defined in 7 USC 5940, as amended from
206-time to time, for hemp research to enable the department, and its
207-licensees, to study methods of [cultivating, processing] producing and
208-marketing hemp. All [grower and processor] producer licensees
209-licensed pursuant to this section shall be participants in the state
210-agricultural pilot program for hemp research. Until such time as said
211-commissioner adopts regulations, in accordance with the provisions of
212-chapter 54, the Department of Agriculture shall utilize procedures and
213-guidance policies that the commissioner deems to be consistent with the House Bill No. 7003
123+Station, the Department of Public Health, the United States Food and 69
124+Drug Administration, the United States Department of Agriculture or a 70
125+facility] that meets the [following additional criteria] requirements of 7 71
126+CFR 990.3 and that is accredited as a testing laboratory to International 72
127+Organization for Standardization (ISO) 17025 by a third-party 73
128+accrediting body such as the American Association for Laboratory 74
129+Accreditation or the Assured Calibration and Laboratory Accreditation 75
130+Select Services; 76
131+[(15)] (11) "Law enforcement agency" means the Connecticut State 77
132+Police, the United States Drug Enforcement Administration, the 78
133+Department of Agriculture, the Department of Consumer Protection 79
134+Drug Control Division or any other federal, state or local law 80
135+enforcement agency or drug suppression unit; 81
136+[(16)] (12) "Licensee" means [a person who] an individual or entity 82
137+that possesses a license to [cultivate, process] produce or manufacture 83
138+hemp or hemp products in this state; 84
139+[(17)] (13) "Manufacture" means the conversion of [hemp for the 85
140+purpose of creating a consumable] the hemp plant into a by-product by 86
141+means of adding heat, solvents or any method of extraction that 87
142+modifies the original composition of the plant for the purpose of 88
143+creating a manufacturer hemp product for commercial or research 89
144+purposes; 90
145+[(18)] (14) "Manufacturer" means a person in the state licensed by the 91
146+Commissioner of Consumer Protection to manufacture, handle, store 92
147+and market manufacturer hemp products pursuant to [the federal act,] 93
148+the provisions of section 22-61m and any regulation adopted pursuant 94
149+to section 22-61m; 95
150+[(19)] (15) "Marijuana" has the same meaning as provided in section 96
151+21a-240; 97
152+[(20)] (16) "Market" or "marketing" means promoting, distributing or 98
153+Bill No.
214154
215-Sept. Sp. Sess., Public Act No. 20-2 8 of 27
216155
217-provisions of 7 USC 5940, as amended from time to time, provided such
218-procedures and guidance policies shall, at a minimum, require: (1) The
219-commissioner to certify and register any site used to grow hemp, (2) any
220-person who [grows] produces hemp to produce plants that meet the
221-definition of hemp and verify such, (3) the maintenance of records by
222-any person who grows hemp and the availability of inspection of such
223-records by the commissioner, and (4) verification of compliance with the
224-definition of hemp by a laboratory, at the expense of any licensee. The
225-provisions of this section shall take precedence over any such procedure
226-or guidance policy. Participants in the state agricultural pilot program
227-for hemp research shall be licensed in accordance with the provisions of
228-this section. Such pilot program shall operate until the earlier of the date
229-of a fully approved state plan under the federal act, as described in this
230-section, or the date of repeal of the federal law permitting the state's
231-agricultural pilot program for hemp research.
232-(c) (1) The commissioner shall prepare a state plan in accordance with
233-the federal act and 7 CFR 990.3, for approval by the Governor, [and
234-Attorney General,] in consultation with the office of the Chief State's
235-Attorney and the Attorney General. The state plan, once approved by
236-the Governor and the Attorney General, shall be submitted by the
237-commissioner to the United States Secretary of Agriculture for his or her
238-approval. The commissioner shall have the authority to amend the state
239-plan, in consultation with the Governor, [and] the Attorney General [in
240-consultation with] and the office of the Chief State's Attorney, as
241-necessary to comply with the federal act.
242-(2) The commissioner shall operate the state plan, which shall
243-include, at a minimum, the following requirements:
244-(A) The sampling of hemp shall comply, at a minimum, with 7 CFR
245-990.3(a)(2) and be performed by the commissioner, the commissioner's
246-designated agents, or an authorized sampling agent; House Bill No. 7003
247156
248-Sept. Sp. Sess., Public Act No. 20-2 9 of 27
157+LCO No. 4342 5 of 26
249158
250-(B) The testing of hemp shall comply, at a minimum, with 7 CFR
251-990.3(a)(3);
252-(C) The control and disposal of noncompliant cannabis plants shall
253-comply with 7 CFR 990.27;
254-(D) The department shall comply with all recordkeeping and
255-reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR
256-990.71, inclusive;
257-(E) The department shall comply with enforcement procedures in 7
258-CFR 990.6;
259-(F) The department shall conduct annual inspections of, at a
260-minimum, a random sample of producers to verify that hemp is not
261-produced in violation of the federal act, the state plan and the provisions
262-of this section, and shall enforce any violation as provided for in the
263-federal act and as defined in 7 CFR 990.6;
264-(G) Producers shall report their required license, lot and hemp crop
265-acreage information to FSA, in accordance with the requirements in 7
266-CFR 990.7; and
267-(H) Producers shall report to the commissioner the total acreage of
268-hemp planted, harvested and, if applicable, disposed of, and such other
269-information as the commissioner may require.
270-(3) All sampling and testing of hemp shall be done using protocols
271-that are at least as statistically valid as the USDA's published protocols
272-for sampling and testing of hemp, which protocols shall be posted on
273-the department's Internet web site. During a scheduled sample
274-collection, the producer, or an authorized representative of the
275-producer, shall be present at the lot. A producer shall not harvest the
276-cannabis crop prior to the taking of samples. Samples of hemp plant
277-material from one lot shall not be commingled with hemp plant material House Bill No. 7003
159+selling a hemp product within the state, in another state or outside of 99
160+the United States and includes efforts to advertise and gather 100
161+information about the needs or preferences of potential consumers or 101
162+suppliers; 102
163+[(21)] (17) "On-site manager" means the individual designated by the 103
164+[licensee] producer license applicant or producer responsible for on-site 104
165+management and operations of a licensed [grower or licensed processor] 105
166+producer; 106
167+[(22)] (18) "Pesticide" has the same meaning as "pesticide chemical" as 107
168+provided in section 21a-92; 108
169+[(23) "Plot"] (19) "Lot" means a contiguous area in a field, greenhouse 109
170+or indoor growing structure containing the same variety or strain of 110
171+hemp throughout the area; 111
172+[(24)] (20) "Post-harvest sample" means a representative sample of the 112
173+form of hemp taken from the harvested hemp from a particular [plot's] 113
174+lot's harvest that is collected in accordance with the procedures 114
175+established by the commissioner; 115
176+[(25)] (21) "Pre-harvest sample" means a composite, representative 116
177+portion from plants in a hemp [plot] lot, that is collected in accordance 117
178+with the procedures established by the commissioner; 118
179+[(26) "Process"] (22) "Produce" means [using or converting hemp for 119
180+the purpose of creating a form of the commodity, that is not a 120
181+consumable, for commercial or research purposes] to cultivate hemp or 121
182+create any producer hemp product; 122
183+[(27) "Processor" means a person in the state licensed by the 123
184+commissioner to process, handle, store and market hemp pursuant to 124
185+the federal act, the provisions of this section and any regulation adopted 125
186+pursuant to this section;] 126
187+[(28)] (23) "State plan" means a state plan, as described in the federal 127
188+Bill No.
278189
279-Sept. Sp. Sess., Public Act No. 20-2 10 of 27
280190
281-from other lots. Lots tested and not certified by a laboratory at or below
282-the acceptable hemp THC level shall be handled and disposed of in
283-accordance with the federal act, the provisions of this section and the
284-state plan, as applicable.
285-(4) The commissioner shall collect, maintain and provide to the
286-USDA, on a timely basis, and not less than once per month, license status
287-of each hemp producer, contact information for each hemp producer
288-licensed in the state, including lot legal descriptions and locations, and
289-any changes to such information. The commissioner shall also report to
290-the USDA, on a timely basis, and not less than once per month, all
291-required hemp test results and disposal information for all
292-nonconforming hemp plants and plant material. Such information shall
293-not include state and federal fingerprint-based records pursuant to
294-section 29-17a.
295-(d) The commissioner shall have the authority to enforce the federal
296-act, as amended from time to time, the state plan, this section and any
297-regulations adopted in accordance with the federal act and chapter 54
298-for hemp [cultivation] production in the state. The commissioner shall
299-have the authority to enforce the applicable [processing standard]
300-standards for producer hemp products. [that are not consumables.] The
301-commissioner may consult, collaborate and enter into cooperative
302-agreements with any federal or state agency, municipality or political
303-subdivision of the state concerning application of the provisions of the
304-federal act and the regulations adopted pursuant to the federal act, as
305-may be necessary to carry out the provisions of this section.
306-(e) Any person who [cultivates or processes] produces hemp shall: (1)
307-Be licensed by the commissioner; (2) [only acquire certified seeds]
308-comply with the federal act, the state plan, the provisions of this section
309-and any regulation adopted pursuant to this section; and (3) transport
310-hemp and hemp samples in a manner and with such documentation as
311-required by the commissioner. House Bill No. 7003
312191
313-Sept. Sp. Sess., Public Act No. 20-2 11 of 27
192+LCO No. 4342 6 of 26
314193
315-(f) Any person who sells hemp products shall not be required to be
316-licensed provided such person only engages in: (1) The retail or
317-wholesale sale of hemp or hemp products in which no further
318-[processing] producing or manufacturing of the hemp products occurs
319-and the hemp products are acquired from a person authorized under
320-the laws of this state or another state, territory or possession of the
321-United States or another sovereign entity to possess and sell such hemp
322-products; (2) the acquisition of hemp or hemp products for the sole
323-purpose of product distribution for resale; or (3) the retail sale of hemp
324-products that are otherwise authorized under federal or state law.
325-(g) Any applicant for a license pursuant to this section shall meet each
326-of the following requirements, as applicable:
327-(1) Each applicant, whether an individual or an entity, shall submit
328-an application for a license that consists, at a minimum, of the following:
329-(A) The name, telephone number, electronic mail address, business
330-address and address of any individual who is the applicant, the full
331-name of any entity that is the applicant, including any applicable
332-principal business location and the full name, title and electronic mail
333-address of each key participant; (B) the name and address of [the plot]
334-each lot for the hemp cultivation or [processing] producing location; (C)
335-the geospatial location of each lot by means of global positioning system
336-coordinates and legal description of [the plot] each lot used for the hemp
337-cultivation; (D) the acreage size of [the plot] each lot where the hemp
338-will be cultivated; (E) written consent allowing the commissioner to
339-conduct both scheduled and random inspections of and around the
340-premises on which the hemp is to be cultivated, harvested, stored and
341-[processed] produced; and (F) any other information as may be required
342-by the commissioner;
343-(2) [The] Each individual who is an applicant [, on-site manager and
344-signing authority] and each key participant of any entity applying for a
345-[grower] producer license, or renewal thereof, shall submit to state and House Bill No. 7003
194+act and as authorized pursuant to this section; 128
195+[(29) "Signing authority" means an officer or agent of the applicant 129
196+with written authorization of such applicant to commit the applicant to 130
197+a binding agreement;] 131
198+[(30)] (24) "THC" means delta-9-tetrahydrocannabinol; 132
199+[(31) "Homogenize" means to blend hemp into a mixture that has a 133
200+uniform quality and content throughout such mixture; and 134
201+(32) "Business entity" means any corporation, limited liability 135
202+company, association or partnership.] 136
203+(25) "Controlled Substances Act" or "CSA" means the Controlled 137
204+Substances Act as codified in 21 USC 801 et seq.; 138
205+(26) "Criminal history report" means the Federal Bureau of 139
206+Investigation's Identity History Summary; 140
207+(27) "Drug Enforcement Administration" or "DEA" means the United 141
208+States Drug Enforcement Administration; 142
209+(28) "Farm service agency" or "FSA" means an agency of the United 143
210+States Department of Agriculture; 144
211+(29) "Key participant" means a sole proprietor, a partner in 145
212+partnership or a person with executive managerial control in an entity, 146
213+including persons such as a chief executive officer, chief operating 147
214+officer and chief financial officer; 148
215+(30) "Manufacturer hemp product" means a commodity 149
216+manufactured from the hemp plant, for commercial or research 150
217+purposes, that is intended for human ingestion, inhalation, absorption 151
218+or other internal consumption, that contains a THC concentration of not 152
219+more than 0.3 per cent on a dry weight basis or per volume or weight of 153
220+such manufacturer hemp product; 154
221+Bill No.
346222
347-Sept. Sp. Sess., Public Act No. 20-2 12 of 27
348223
349-national fingerprint-based criminal history records checks conducted in
350-accordance with section 29-17a, at his or her own expense. [, and provide
351-the results to the commissioner for review] For the period commencing
352-on the effective date of this section and ending on December 31, 2021,
353-the results of any such criminal history records checks shall be provided
354-by such applicants and key participants to the commissioner for review;
355-(3) No [person] individual, including any key participant of any
356-entity, who has been convicted of any felony, as prescribed in the federal
357-act, shall be eligible to obtain or hold a [grower] producer license,
358-provided such restriction shall not apply to any individual who lawfully
359-grew hemp with a license, registration or authorization under any state
360-pilot program authorized by section 7606 of the Agricultural Act of 2014
361-before December 20, 2018. Any individual or entity that materially
362-falsifies any information in an application pursuant to this section shall
363-be ineligible to obtain a producer license; and
364-(4) Each [applicant] individual or entity who [obtains a grower or
365-processor] is required by this section to obtain a producer license shall
366-pay for all costs of sampling, testing, retesting and resampling any
367-[hemp] samples at a laboratory for the purpose of determining the THC
368-concentration level of any cannabis under their control, or in their
369-possession. Each individual or entity who is required by this section to
370-obtain a producer license shall pay for all costs of disposal of all
371-noncompliant cannabis plants under their control, or in their possession.
372-(h) Any [grower or processor] producer license issued by the
373-commissioner shall expire on the [second] third following December
374-thirty-first and may be renewed during the preceding month of October.
375-Such licenses shall not be transferable.
376-(i) The following fees shall apply for each [grower and processor]
377-producer license and inspection: House Bill No. 7003
378224
379-Sept. Sp. Sess., Public Act No. 20-2 13 of 27
225+LCO No. 4342 7 of 26
380226
381-(1) A nonrefundable license application fee of fifty dollars, provided
382-any constituent unit of higher education, state agency or department
383-shall be exempt from such application fee if such [cultivation or
384-processing] production is for research purposes;
385-(2) A nonrefundable [biennial grower] triennial producer license fee
386-of four hundred fifty dollars [per acre of planned hemp plantings] for
387-up to one acre of planned hemp plantings and thirty dollars per each
388-additional acre of planned hemp plantings rounded to the nearest acre,
389-except no license fee charged shall exceed three thousand dollars,
390-provided any constituent unit of higher education, state agency or
391-department shall be exempt from such license fee if such [cultivation]
392-production is for research purposes; and
393-[(3) A nonrefundable processor licensing fee of two hundred fifty
394-dollars for a license to process hemp provided any constituent unit of
395-higher education, state agency or department shall be exempt from such
396-license fee if such processing is for research purposes; and]
397-[(4)] (3) In the event that resampling by the commissioner is required
398-due to a test result that shows a violation of any provision of this section
399-or any regulation adopted pursuant to this section, the licensee shall pay
400-an inspection fee of fifty dollars. Such fee shall be paid prior to the
401-inspection and collection of the sample to be used for resampling.
402-(j) After receipt and review of an application for [grower or processor]
403-producer licensure, the commissioner may grant a [biennial] triennial
404-license upon a finding that the applicant meets the applicable
405-requirements. Each producer licensee shall notify the commissioner of
406-any changes to their application information, not later than fifteen days
407-after such change. While the pilot program is in effect, the commissioner
408-may grant a conditional approval of a [grower] producer license,
409-pending receipt of the criminal history records check required by this
410-section. The commissioner shall assign each producer with a license or House Bill No. 7003
227+(31) "Producer" means an individual or entity licensed by the 155
228+commissioner to produce and market producer hemp products 156
229+pursuant to the federal act, the state plan, the provisions of this section 157
230+and the regulations adopted pursuant to this section; 158
231+(32) "Producer hemp product" means any of the following produced 159
232+in this state: Raw hemp product, fiber-based hemp product or animal 160
233+hemp food product, and each of which contains a THC concentration of 161
234+not more than 0.3 per cent on a dry weight basis or per volume or weight 162
235+of such producer hemp product; 163
236+(33) "USDA" means the United States Department of Agriculture; 164
237+(34) "Entity" means a corporation, joint stock company, association, 165
238+limited partnership, limited liability partnership, limited liability 166
239+company, irrevocable trust, estate, charitable organization or other 167
240+similar organization, including any such organization participating in 168
241+the hemp production as a partner in a general partnership, a participant 169
242+in a joint venture or a participant in a similar organization; and 170
243+(35) "Homogenize" means to blend hemp into a mixture that has a 171
244+uniform quality and content throughout such mixture. 172
245+(b) The Commissioner of Agriculture shall establish and operate an 173
246+agricultural pilot program, as defined in 7 USC 5940, as amended from 174
247+time to time, for hemp research to enable the department, and its 175
248+licensees, to study methods of [cultivating, processing] producing and 176
249+marketing hemp. All [grower and processor] producer licensees 177
250+licensed pursuant to this section shall be participants in the state 178
251+agricultural pilot program for hemp research. Until such time as said 179
252+commissioner adopts regulations, in accordance with the provisions of 180
253+chapter 54, the Department of Agriculture shall utilize procedures and 181
254+guidance policies that the commissioner deems to be consistent with the 182
255+provisions of 7 USC 5940, as amended from time to time, provided such 183
256+procedures and guidance policies shall, at a minimum, require: (1) The 184
257+commissioner to certify and register any site used to grow hemp, (2) any 185
258+Bill No.
411259
412-Sept. Sp. Sess., Public Act No. 20-2 14 of 27
413260
414-authorization identifier in a format consistent with 7 CFR 990.3(a)(9).
415-(k) Whenever an inspection or investigation conducted by the
416-commissioner pursuant to this title reveals any violation of the state
417-plan, this section or any regulation adopted thereunder, the [grower,
418-processor,] producer license applicant or respondent, as applicable,
419-shall be notified, in writing, of such violation and any corrective action
420-to be taken and the time period within which such corrective action shall
421-be taken. Any such [grower, processor,] producer license applicant or
422-respondent may request a hearing, conducted in accordance with
423-chapter 54, on any such notification. Any notification issued pursuant
424-to this section shall be made by certified mail, return receipt requested
425-to the producer license applicant or respondent's last known address,
426-by in-hand service by the commissioner or designated agent of the
427-commissioner, electronic mail service with the consent of the recipient,
428-or by service in accordance with chapter 896. The commissioner shall
429-report all producer violations made with a culpable mental state greater
430-than negligence to the United States Attorney General and the State's
431-Attorney for the judicial district in which the producer violation
432-occurred.
433-(l) Nothing in this section shall be construed to limit the
434-commissioner's authority to issue a cease and desist order pursuant to
435-section 22-4d, or an emergency order, in order to respond to a condition
436-that may present a public health hazard, or issue orders necessary to
437-effectuate the purposes of this section, including, but not limited to,
438-orders for the embargo, partial destruction, destruction and release of
439-hemp or hemp products. Any cease and desist order or an emergency
440-order shall become effective upon service of such order by the
441-commissioner. Following service of any such order, subsequent
442-proceedings shall proceed in accordance with the provisions of section
443-22-4d and the rules of practice for such agency. Any embargo, partial
444-destruction, destruction or release order issued pursuant to this section House Bill No. 7003
445261
446-Sept. Sp. Sess., Public Act No. 20-2 15 of 27
262+LCO No. 4342 8 of 26
447263
448-shall be served by certified mail, return receipt requested to the
449-respondent's last known address, by in-hand service by the
450-commissioner or designated agent of the commissioner, or by service in
451-accordance with chapter 896.
452-(m) Following a hearing conducted in accordance with chapter 54,
453-the commissioner may impose an administrative civil penalty, not to
454-exceed two thousand five hundred dollars per violation, and suspend,
455-revoke or place conditions upon any [grower or processor] producer
456-licensee who violates the provisions of this section or any regulation
457-adopted pursuant to this section.
458-(n) (1) Any individual who [cultivates or processes] produces hemp
459-in this state without obtaining a license pursuant to this section, or who
460-[cultivates or processes] produces hemp in this state after having a
461-license suspended or revoked [may be fined two hundred fifty dollars
462-in accordance with the provisions of section 51-164n] shall have
463-committed an infraction.
464-(2) Any [business] entity that [cultivates or processes] produces hemp
465-in this state without obtaining a license pursuant to this section,
466-produces hemp in violation of this section or [cultivates or processes]
467-produces hemp in this state after having a license suspended or revoked
468-[shall] may be fined not more than two thousand five hundred dollars
469-per violation, after a hearing conducted in accordance with chapter 54.
470-(o) (1) Any negligent violation, as described in the federal act, of this
471-section or the state plan shall be subject to enforcement in accordance
472-with the federal act, and the state plan for negligent violations.
473-(2) For any negligent violation, a producer shall be required to correct
474-such negligent violation, by means of a corrective action plan approved
475-by the commissioner. Each corrective action plan shall include, at a
476-minimum, a reasonable completion deadline for correction of the House Bill No. 7003
264+person who [grows] produces hemp to produce plants that meet the 186
265+definition of hemp and verify such, (3) the maintenance of records by 187
266+any person who grows hemp and the availability of inspection of such 188
267+records by the commissioner, and (4) verification of compliance with the 189
268+definition of hemp by a laboratory, at the expense of any licensee. The 190
269+provisions of this section shall take precedence over any such procedure 191
270+or guidance policy. Participants in the state agricultural pilot program 192
271+for hemp research shall be licensed in accordance with the provisions of 193
272+this section. Such pilot program shall operate until the earlier of the date 194
273+of a fully approved state plan under the federal act, as described in this 195
274+section, or the date of repeal of the federal law permitting the state's 196
275+agricultural pilot program for hemp research. 197
276+(c) (1) The commissioner shall prepare a state plan in accordance with 198
277+the federal act and 7 CFR 990.3, for approval by the Governor, [and 199
278+Attorney General,] in consultation with the office of the Chief State's 200
279+Attorney and the Attorney General. The state plan, once approved by 201
280+the Governor and the Attorney General, shall be submitted by the 202
281+commissioner to the United States Secretary of Agriculture for his or her 203
282+approval. The commissioner shall have the authority to amend the state 204
283+plan, in consultation with the Governor, [and] the Attorney General [in 205
284+consultation with] and the office of the Chief State's Attorney, as 206
285+necessary to comply with the federal act. 207
286+(2) The commissioner shall operate the state plan, which shall 208
287+include, at a minimum, the following requirements: 209
288+(A) The sampling of hemp shall comply, at a minimum, with 7 CFR 210
289+990.3(a)(2) and be performed by the commissioner, the commissioner's 211
290+designated agents, or an authorized sampling agent; 212
291+(B) The testing of hemp shall comply, at a minimum, with 7 CFR 213
292+990.3(a)(3); 214
293+(C) The control and disposal of noncompliant cannabis plants shall 215
294+comply with 7 CFR 990.27; 216
295+Bill No.
477296
478-Sept. Sp. Sess., Public Act No. 20-2 16 of 27
479297
480-negligent violation, periodic reporting to the commissioner for at least
481-two years and compliance with the state plan.
482-(3) Any producer that negligently violates the state plan shall not, as
483-a result of such negligent violation, be referred by the commissioner for
484-any criminal enforcement action by the federal, state or local
485-government.
486-(4) Any producer that negligently violates the state plan three times
487-during any five-year period shall be ineligible to produce hemp for a
488-period of five years beginning on the date of the third violation.
489-(5) The commissioner shall conduct an inspection to determine if the
490-corrective action plan for a producer who commits any such negligent
491-violation was properly implemented.
492-(p) Any person aggrieved by an order issued pursuant to this section
493-may appeal to the commissioner in accordance with the provisions of
494-chapter 54. Such appeal shall be made in writing to the commissioner
495-and received not later than fifteen days after the date of the order. If no
496-appeal is made pursuant to this subsection the order shall be final.
497-(q) (1) All documents [included in an application for a grower or
498-processor license] submitted under this section shall be subject to
499-disclosure in accordance with chapter 14, except: [any document
500-describing, depicting or otherwise outlining a licensee's security
501-schematics and the results of any criminal history records check] (A)
502-Information depicting or describing (i) the test results of any producer,
503-(ii) the location of any hemp growing, harvesting, processing or storage
504-location, or (iii) hemp producer location security schematics; and (B) the
505-results of any criminal history records check.
506-(2) Notwithstanding the provisions of subdivision (1) of this
507-subsection, all documents and records submitted or maintained
508-pursuant to this section shall be disclosed to any law enforcement House Bill No. 7003
509298
510-Sept. Sp. Sess., Public Act No. 20-2 17 of 27
299+LCO No. 4342 9 of 26
511300
512-agency upon request of such law enforcement agency.
513-(r) The commissioner may inspect and shall have access to the
514-buildings, equipment, supplies, vehicles, records, real property and
515-other information that the commissioner deems necessary to carry out
516-the commissioner's duties pursuant to this section from any person
517-participating in [the planting, cultivating, harvesting, processing,]
518-producing, handling, storing marketing or researching [of] hemp.
519-[(s) The commissioner shall establish an inspection and testing
520-program to determine THC levels and ensure compliance with the limits
521-on THC concentration in all hemp grown in the state by a grower
522-licensee. The grower shall collect a pre-harvest sample no more than
523-fifteen days before the intended harvest date, in accordance with the
524-commissioner's pre-harvest hemp sampling protocol adopted in
525-accordance with chapter 54 and published on the Internet web site of
526-the Department of Agriculture. The grower and processor licensees
527-shall be responsible for all costs of disposal of hemp samples and any
528-hemp produced by a licensee that violates the provisions of this section
529-or any regulation adopted pursuant to this section. A hemp sample fails
530-THC testing if the test report indicates that the sample contains an
531-average THC concentration greater than 0.3 per cent on a dry weight
532-basis. The commissioner may order and conduct post-harvest sample
533-THC testing of a plot if the results of an initial THC test on the pre-
534-harvest sample provided and collected by the licensee indicate a THC
535-concentration in the pre-harvest sample in excess of such permitted
536-levels, unless the licensee elects to destroy the crop prior to post-harvest
537-sample THC testing.]
538-[(t)] (s) Nothing in this section shall be construed to apply to any
539-licensee of palliative marijuana authorized pursuant to chapter 420f.
540-[(u)] (t) All licensees pursuant to this section shall maintain records
541-required by the federal act, the state plan, this section and any regulation House Bill No. 7003
301+(D) The department shall comply with all recordkeeping and 217
302+reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 218
303+990.71, inclusive; 219
304+(E) The department shall comply with enforcement procedures in 7 220
305+CFR 990.6; 221
306+(F) The department shall conduct annual inspections of, at a 222
307+minimum, a random sample of producers to verify that hemp is not 223
308+produced in violation of the federal act, the state plan and the provisions 224
309+of this section, and shall enforce any violation as provided for in the 225
310+federal act and as defined in 7 CFR 990.6; 226
311+(G) Producers shall report their required license, lot and hemp crop 227
312+acreage information to FSA, in accordance with the requirements in 7 228
313+CFR 990.7; and 229
314+(H) Producers shall report to the commissioner the total acreage of 230
315+hemp planted, harvested and, if applicable, disposed of, and such other 231
316+information as the commissioner may require. 232
317+(3) All sampling and testing of hemp shall be done using protocols 233
318+that are at least as statistically valid as the USDA's published protocols 234
319+for sampling and testing of hemp, which protocols shall be posted on 235
320+the department's Internet web site. During a scheduled sample 236
321+collection, the producer, or an authorized representative of the 237
322+producer, shall be present at the lot. A producer shall not harvest the 238
323+cannabis crop prior to the taking of samples. Samples of hemp plant 239
324+material from one lot shall not be commingled with hemp plant material 240
325+from other lots. Lots tested and not certified by a laboratory at or below 241
326+the acceptable hemp THC level shall be handled and disposed of in 242
327+accordance with the federal act, the provisions of this section and the 243
328+state plan, as applicable. 244
329+(4) The commissioner shall collect, maintain and provide to the 245
330+USDA, on a timely basis, and not less than once per month, license status 246
331+Bill No.
542332
543-Sept. Sp. Sess., Public Act No. 20-2 18 of 27
544333
545-adopted pursuant to this section. Each licensee shall make such records
546-available to the department immediately upon request of the
547-commissioner and in electronic format, if available.
548-[(v)] (u) The commissioner [shall] may adopt regulations, in
549-accordance with the provisions of chapter 54, to implement the
550-provisions of this section including, but not limited to, [establishing
551-sampling and testing procedures to ensure compliance with the federal
552-act and to prescribe disposal procedures for plants grown in violation
553-of the federal act] the labeling of producer hemp products.
554-[(w)] (v) Notwithstanding any provision of the general statutes: (1)
555-Marijuana does not include hemp or hemp products; (2) THC that does
556-not exceed 0.3 per cent by dry weight and that is found in hemp shall
557-not be considered to be THC that constitutes a controlled substance; (3)
558-hemp-derived cannabidiols, including CBD, shall not constitute
559-controlled substances or adulterants solely on the basis of containing
560-CBD; and (4) hemp products that contain one or more hemp-derived
561-cannabidiols, such as CBD, intended for ingestion shall be considered
562-foods, not controlled substances or adulterated products solely on the
563-basis of the containing hemp-derived cannabidiols.
564-[(x)] (w) Whenever the commissioner believes or has reasonable
565-cause to believe that the actions of a licensee or any employee of a
566-[grower or processor] producer licensee [will violate] are in violation of
567-the federal act, the state plan, or any state law concerning the growing,
568-cultivation, handling, transporting or possession of marijuana, the
569-commissioner shall notify the Department of Emergency Services and
570-Public Protection and the State Police.
571-[(y) The Commissioner of Agriculture may enter an agreement with
572-any state or federally recognized Indian tribe to assist such tribe in the
573-development of a pilot program under the federal act or to have
574-applicants from such tribe participate in the pilot program established House Bill No. 7003
575334
576-Sept. Sp. Sess., Public Act No. 20-2 19 of 27
335+LCO No. 4342 10 of 26
577336
578-pursuant to subsection (b) of this section.]
579-Sec. 2. Section 22-61m of the 2020 supplement to the general statutes
580-is repealed and the following is substituted in lieu thereof (Effective
581-October 31, 2020):
582-(a) No person shall manufacture in the state without a license to
583-manufacture issued by the Commissioner of Consumer Protection.
584-(b) Each applicant for a manufacturer license shall submit an
585-application on a form and in a manner prescribed by the Commissioner
586-of Consumer Protection.
587-(c) The following fees shall apply for a license to manufacture:
588-(1) A nonrefundable license application fee of [fifty] seventy-five
589-dollars; and
590-(2) A nonrefundable licensing fee of [two hundred fifty] three
591-hundred seventy-five dollars for a license to manufacture hemp.
592-(d) A license to manufacture [hemp or hemp products] issued by the
593-Commissioner of Consumer Protection pursuant to this section shall
594-expire [biennially] triennially on June thirtieth. Such licenses shall not
595-be transferable.
596-(e) In accordance with a hearing held pursuant to chapter 54, the
597-Commissioner of Consumer Protection may deny, suspend or revoke a
598-manufacturer license, issue fines of not more than two thousand five
599-hundred dollars per violation and place conditions upon a
600-manufacturer licensee who violates the provisions of this section and
601-any regulation adopted pursuant to this section.
602-(f) (1) Any individual who manufactures in this state without
603-obtaining a license pursuant to this section or who manufactures in this
604-state after such entity's license is suspended or revoked shall be fined House Bill No. 7003
337+of each hemp producer, contact information for each hemp producer 247
338+licensed in the state, including lot legal descriptions and locations, and 248
339+any changes to such information. The commissioner shall also report to 249
340+the USDA, on a timely basis, and not less than once per month, all 250
341+required hemp test results and disposal information for all 251
342+nonconforming hemp plants and plant material. Such information shall 252
343+not include state and federal fingerprint-based records pursuant to 253
344+section 29-17a. 254
345+(d) The commissioner shall have the authority to enforce the federal 255
346+act, as amended from time to time, the state plan, this section and any 256
347+regulations adopted in accordance with the federal act and chapter 54 257
348+for hemp [cultivation] production in the state. The commissioner shall 258
349+have the authority to enforce the applicable [processing standard] 259
350+standards for producer hemp products. [that are not consumables.] The 260
351+commissioner may consult, collaborate and enter into cooperative 261
352+agreements with any federal or state agency, municipality or political 262
353+subdivision of the state concerning application of the provisions of the 263
354+federal act and the regulations adopted pursuant to the federal act, as 264
355+may be necessary to carry out the provisions of this section. 265
356+(e) Any person who [cultivates or processes] produces hemp shall: (1) 266
357+Be licensed by the commissioner; (2) [only acquire certified seeds] 267
358+comply with the federal act, the state plan, the provisions of this section 268
359+and any regulation adopted pursuant to this section; and (3) transport 269
360+hemp and hemp samples in a manner and with such documentation as 270
361+required by the commissioner. 271
362+(f) Any person who sells hemp products shall not be required to be 272
363+licensed provided such person only engages in: (1) The retail or 273
364+wholesale sale of hemp or hemp products in which no further 274
365+[processing] producing or manufacturing of the hemp products occurs 275
366+and the hemp products are acquired from a person authorized under 276
367+the laws of this state or another state, territory or possession of the 277
368+United States or another sovereign entity to possess and sell such hemp 278
369+Bill No.
605370
606-Sept. Sp. Sess., Public Act No. 20-2 20 of 27
607371
608-two hundred fifty dollars in accordance with the provisions of section
609-51-164n.
610-(2) Any [business] entity who manufactures in this state without
611-obtaining a license pursuant to this section, or who manufactures in this
612-state after having a license suspended, shall be fined not more than two
613-thousand five hundred dollars per violation after a hearing conducted
614-in accordance with the provisions of chapter 54.
615-(g) Nothing in this section shall be construed to apply to any licensee
616-of palliative marijuana authorized pursuant to chapter 420f.
617-(h) The Commissioner of Consumer Protection may inspect and shall
618-have access to the buildings, equipment, supplies, vehicles, records, real
619-property and other information of any manufacturer applicant or
620-licensee that the commissioner deems necessary to carry out the
621-commissioner's duties pursuant to this section.
622-(i) (1) Each manufacturer shall follow the protocol in this subsection
623-for disposing of [hemp or hemp products] cannabis in the event that any
624-hemp or hemp product is deemed to [contain a] exceed the prescribed
625-THC concentration, [of more than 0.3 per cent on a dry weight basis,] as
626-determined by the Commissioner of Consumer Protection, or a
627-manufacturer licensee in possession of hemp or hemp products who
628-desires to dispose of obsolete, misbranded, excess or otherwise
629-undesired product. Each manufacturer licensee shall be responsible for
630-all costs of disposal of hemp samples and any hemp produced by such
631-licensee that violates the provisions of this section or any regulation
632-adopted pursuant to this section. Any [hemp or hemp product
633-containing a] cannabis that exceeds the prescribed THC concentration
634-[of more than 0.3 per cent on a dry weight basis] allowable in hemp or
635-hemp products shall be immediately embargoed by such manufacturer
636-and clearly labeled as adulterated by such licensee and such licensee
637-shall immediately notify both the Department of Consumer Protection House Bill No. 7003
638372
639-Sept. Sp. Sess., Public Act No. 20-2 21 of 27
373+LCO No. 4342 11 of 26
640374
641-and the Department of Agriculture, in writing, of such adulterated
642-product. Such adulterated product shall be destroyed and disposed of
643-by the following method, as determined by the Commissioner of
644-Consumer Protection:
645-(A) Surrender, without compensation, of such hemp or hemp product
646-to the Commissioner of Consumer Protection who shall be responsible
647-for the destruction and disposal of such adulterated product; or
648-(B) By disposal in [the presence of an authorized representative of] a
649-manner prescribed by the Commissioner of Consumer Protection. [in
650-such a manner as to render the hemp or hemp product nonrecoverable.]
651-(2) Notwithstanding the provisions of subdivision (1) of this
652-subsection, upon written request of a manufacturer, the Commissioner
653-of Consumer Protection may permit such manufacturer to combine
654-different batches of raw hemp plant material to achieve a THC
655-concentration of 0.3 per cent on a dry weight basis, in lieu of embargo
656-or destruction.
657-(j) The [person] manufacturer or manufacturer's authorized designee
658-disposing of the hemp or hemp products shall maintain and make
659-available to the Commissioner of Consumer Protection a record of each
660-such disposal or destruction of product indicating:
661-(1) The date, time and location of disposal or destruction;
662-(2) The manner of disposal or destruction;
663-(3) The batch or lot information and quantity of hemp or hemp
664-product disposed of or destroyed; and
665-(4) The signatures of the persons disposing of the hemp or hemp
666-products, the authorized representative of the Commissioner of
667-Consumer Protection and any other persons present during the House Bill No. 7003
375+products; (2) the acquisition of hemp or hemp products for the sole 279
376+purpose of product distribution for resale; or (3) the retail sale of hemp 280
377+products that are otherwise authorized under federal or state law. 281
378+(g) Any applicant for a license pursuant to this section shall meet each 282
379+of the following requirements, as applicable: 283
380+(1) Each applicant, whether an individual or an entity, shall submit 284
381+an application for a license that consists, at a minimum, of the following: 285
382+(A) The name, telephone number, electronic mail address, business 286
383+address and address of any individual who is the applicant, the full 287
384+name of any entity that is the applicant, including any applicable 288
385+principal business location and the full name, title and electronic mail 289
386+address of each key participant; (B) the name and address of [the plot] 290
387+each lot for the hemp cultivation or [processing] producing location; (C) 291
388+the geospatial location of each lot by means of global positioning system 292
389+coordinates and legal description of [the plot] each lot used for the hemp 293
390+cultivation; (D) the acreage size of [the plot] each lot where the hemp 294
391+will be cultivated; (E) written consent allowing the commissioner to 295
392+conduct both scheduled and random inspections of and around the 296
393+premises on which the hemp is to be cultivated, harvested, stored and 297
394+[processed] produced; and (F) any other information as may be required 298
395+by the commissioner; 299
396+(2) [The] Each individual who is an applicant [, on-site manager and 300
397+signing authority] and each key participant of any entity applying for a 301
398+[grower] producer license, or renewal thereof, shall submit to state and 302
399+national fingerprint-based criminal history records checks conducted in 303
400+accordance with section 29-17a, at his or her own expense; [, and provide 304
401+the results to the commissioner for review;] For the period commencing 305
402+on the effective date of this section and ending on December 31, 2021, 306
403+the results of any such criminal history records checks shall be provided 307
404+by such applicants and key participants to the commissioner for review. 308
405+(3) No [person] individual, including any key participant of any 309
406+Bill No.
668407
669-Sept. Sp. Sess., Public Act No. 20-2 22 of 27
670408
671-disposal.
672-(k) Any hemp intended to be manufactured [as a consumable] into a
673-manufacturer hemp product shall be tested by an independent testing
674-laboratory. [or any other such laboratory that is accredited as a testing
675-laboratory to International Organization for Standardization (ISO)
676-17025 by a third-party accrediting body.] A manufacturer licensee shall
677-make available samples, in an amount and type determined by the
678-Commissioner of Consumer Protection, of hemp [or hemp product] for
679-an independent testing laboratory employee to select random samples.
680-The independent testing laboratory [or other such laboratory] shall test
681-each sample for microbiological contaminants, mycotoxins, heavy
682-metals and pesticide chemical residue, and for purposes of conducting
683-an active ingredient analysis, if applicable, as determined by the
684-Commissioner of Consumer Protection.
685-(l) Once a batch of hemp, [or hemp product,] intended to be sold as a
686-[consumable] manufacturer hemp product, has been homogenized for
687-sample testing and eventual packaging and sale, until the independent
688-testing laboratory [or other such laboratory] provides the results from
689-its tests and analysis, the manufacturer licensee shall segregate and
690-withhold from use the entire batch of hemp that is intended for
691-[consumable] use as a manufacturer hemp product, except the samples
692-that have been removed by the independent testing laboratory for
693-testing. During this period of segregation, the manufacturer licensee
694-shall maintain the hemp [or hemp product] batch in a secure, cool and
695-dry location, as prescribed by the Commissioner of Consumer
696-Protection, so as to prevent the hemp [or hemp product] from becoming
697-adulterated. Such manufacturer shall not manufacture or sell a
698-[consumable] manufacturer hemp product prior to the time that the
699-independent testing laboratory [or other such laboratory] completes
700-testing and analysis and provides such results, in writing, to the
701-manufacturer licensee who initiated such testing. House Bill No. 7003
702409
703-Sept. Sp. Sess., Public Act No. 20-2 23 of 27
410+LCO No. 4342 12 of 26
704411
705-(m) An independent testing laboratory [or other such laboratory]
706-shall immediately return or dispose of any hemp or manufacturer hemp
707-product upon the completion of any testing, use or research. If an
708-independent testing laboratory [or other such laboratory] disposes of
709-hemp or manufacturer hemp products, the laboratory shall dispose of
710-such hemp in the following manner, as determined by the
711-Commissioner of Consumer Protection:
712-(1) By surrender, without compensation, of such hemp or
713-manufacturer hemp product to the Commissioner of Consumer
714-Protection who shall be responsible for the destruction and disposal of
715-such hemp or hemp product; or
716-(2) By disposal in [the presence of an authorized representative of] a
717-manner prescribed by the Commissioner of Consumer Protection. [in
718-such a manner as to render the hemp or hemp product nonrecoverable.]
719-(n) If a sample does not pass the microbiological, mycotoxin, heavy
720-metal or pesticide chemical residue test, based on the standards
721-prescribed by the Commissioner of Consumer Protection and published
722-on the Internet web site of the Department of Consumer Protection, the
723-manufacturer licensee who sent such batch for testing shall dispose of
724-the entire batch from which the sample was taken in accordance with
725-procedures established by the Commissioner of Consumer Protection
726-pursuant to subdivision (1) of subsection (i) of this section.
727-(o) If a sample passes the microbiological, mycotoxin, heavy metal
728-and pesticide chemical residue test, the independent testing laboratory
729-[or other such laboratory] shall release the entire batch for
730-manufacturing, processing or sale.
731-(p) The independent testing laboratory [or other such laboratory]
732-shall file with the Department of Consumer Protection an electronic
733-copy of each laboratory test result for any batch that does not pass the House Bill No. 7003
412+entity, who has been convicted of any felony, as prescribed in the federal 310
413+act, shall be eligible to obtain or hold a [grower] producer license, 311
414+provided such restriction shall not apply to any individual who lawfully 312
415+grew hemp with a license, registration or authorization under any state 313
416+pilot program authorized by section 7606 of the Agricultural Act of 2014 314
417+before December 20, 2018. Any individual or entity that materially 315
418+falsifies any information in an application pursuant to this section shall 316
419+be ineligible to obtain a producer license; and 317
420+(4) Each [applicant] individual or entity who [obtains a grower or 318
421+processor] is required by this section to obtain a producer license shall 319
422+pay for all costs of sampling, testing, retesting and resampling any 320
423+[hemp] samples at a laboratory for the purpose of determining the THC 321
424+concentration level of any cannabis under their control, or in their 322
425+possession. Each individual or entity who is required by this section to 323
426+obtain a producer license shall pay for all costs of disposal of all 324
427+noncompliant cannabis plants under their control, or in their possession. 325
428+(h) Any [grower or processor] producer license issued by the 326
429+commissioner shall expire on the [second] third following December 327
430+thirty-first and may be renewed during the preceding month of October. 328
431+Such licenses shall not be transferable. 329
432+(i) The following fees shall apply for each [grower and processor] 330
433+producer license and inspection: 331
434+(1) A nonrefundable license application fee of fifty dollars, provided 332
435+any constituent unit of higher education, state agency or department 333
436+shall be exempt from such application fee if such [cultivation or 334
437+processing] production is for research purposes; 335
438+(2) A nonrefundable [biennial grower] triennial producer license fee 336
439+of four hundred fifty dollars [per acre of planned hemp plantings] for 337
440+up to one acre of planned hemp plantings and thirty dollars per each 338
441+additional acre of planned hemp plantings rounded to the nearest acre, 339
442+except no license fee charged shall exceed three thousand dollars, 340
443+Bill No.
734444
735-Sept. Sp. Sess., Public Act No. 20-2 24 of 27
736445
737-microbiological, mycotoxin, heavy metal or pesticide chemical residue
738-test, at the same time that it transmits such results to the manufacturer
739-licensee who requested such testing. Each independent testing
740-laboratory [or other such laboratory] shall maintain the test results of
741-each tested batch for a period of three years and shall make such results
742-available to the Department of Consumer Protection upon request.
743-(q) Manufacturer licensees shall maintain records required by the
744-federal act, this section and any regulation adopted pursuant to this
745-section. Each manufacturer licensee shall make such records available
746-to the Department of Consumer Protection immediately upon request
747-and in electronic format, if available.
748-(r) The Commissioner of Consumer Protection may adopt
749-regulations, in accordance with the provisions of chapter 54, to
750-implement the provisions of this section including, but not limited to,
751-establishing sampling and testing procedures to ensure compliance
752-with [the federal act, to prescribe] this section, prescribing storage and
753-disposal procedures for [plants grown in violation of the federal act]
754-hemp, marijuana and manufacturer hemp products that fail to pass
755-Department of Consumer Protection prescribed independent testing
756-laboratory testing standards and [to establish] establishing advertising
757-and labeling requirements for [consumables] manufacturer hemp
758-products.
759-(s) Any claim of health impacts, medical effects or physical or mental
760-benefits shall be prohibited on any advertising for, labeling of or
761-marketing of [consumables] manufacturer hemp products. Any
762-violation of this subsection shall be deemed an unfair or deceptive trade
763-practice under chapter 735a.
764-(t) Not later than February 1, 2020, the Commissioners of Agriculture
765-and Consumer Protection shall submit a report, in accordance with
766-section 11-4a, to the joint standing committee of the general assembly House Bill No. 7003
767446
768-Sept. Sp. Sess., Public Act No. 20-2 25 of 27
447+LCO No. 4342 13 of 26
769448
770-having cognizance of matters relating to the environment on the status
771-of the pilot program, the development of the state plan and any
772-regulations for such pilot program or state plan. Additionally such
773-report shall include any legislative recommendations, including, but not
774-limited to, any recommendations for requiring the registration of any
775-[consumable] manufacturer hemp product offered for sale in this state.
776-(u) Any person who sells manufacturer hemp products shall not be
777-required to be licensed, provided such person only engages in: (1) The
778-retail or wholesale sale of manufacturer hemp products in which no
779-further manufacturing of hemp occurs, provided such manufacturer
780-hemp products are acquired from a person authorized to manufacture
781-the manufacturer hemp products under the laws of this state or another
782-state, territory or possession of the United States or another sovereign
783-entity; (2) the acquisition of manufacturer hemp products for the sole
784-purpose of product distribution for resale; or (3) the retail sale of
785-manufacturer hemp products that is otherwise authorized under federal
786-or state law.
787-(v) Notwithstanding any provision of the general statutes: (1)
788-Marijuana does not include manufacturer hemp products; (2) CBD that
789-is found in manufacturer hemp products shall not be considered a
790-controlled substance, as defined in section 21a-240, or legend drug, as
791-defined in section 20-571; and (3) cannabinoids derived from hemp and
792-contained in manufacturer hemp products shall not be considered
793-controlled substances or adulterants.
794-Sec. 3. Subdivision (7) of section 21a-240 of the 2020 supplement to
795-the general statutes is repealed and the following is substituted in lieu
796-thereof (Effective from passage):
797-(7) "Cannabis-type substances" include all parts of any plant, or
798-species of the genus cannabis or any infra specific taxon thereof whether
799-growing or not; the seeds thereof; the resin extracted from any part of House Bill No. 7003
449+provided any constituent unit of higher education, state agency or 341
450+department shall be exempt from such license fee if such [cultivation] 342
451+production is for research purposes; and 343
452+[(3) A nonrefundable processor licensing fee of two hundred fifty 344
453+dollars for a license to process hemp provided any constituent unit of 345
454+higher education, state agency or department shall be exempt from such 346
455+license fee if such processing is for research purposes; and] 347
456+[(4)] (3) In the event that resampling by the commissioner is required 348
457+due to a test result that shows a violation of any provision of this section 349
458+or any regulation adopted pursuant to this section, the licensee shall pay 350
459+an inspection fee of fifty dollars. Such fee shall be paid prior to the 351
460+inspection and collection of the sample to be used for resampling. 352
461+(j) After receipt and review of an application for [grower or processor] 353
462+producer licensure, the commissioner may grant a [biennial] triennial 354
463+license upon a finding that the applicant meets the applicable 355
464+requirements. Each producer licensee shall notify the commissioner of 356
465+any changes to their application information, not later than fifteen days 357
466+after such change. While the pilot program is in effect, the commissioner 358
467+may grant a conditional approval of a [grower] producer license, 359
468+pending receipt of the criminal history records check required by this 360
469+section. The commissioner shall assign each producer with a license or 361
470+authorization identifier in a format consistent with 7 CFR 990.3(a)(9). 362
471+(k) Whenever an inspection or investigation conducted by the 363
472+commissioner pursuant to this title reveals any violation of the state 364
473+plan, this section or any regulation adopted thereunder, the [grower, 365
474+processor,] producer license applicant or respondent, as applicable, 366
475+shall be notified, in writing, of such violation and any corrective action 367
476+to be taken and the time period within which such corrective action shall 368
477+be taken. Any such [grower, processor,] producer license applicant or 369
478+respondent may request a hearing, conducted in accordance with 370
479+chapter 54, on any such notification. Any notification issued pursuant 371
480+Bill No.
800481
801-Sept. Sp. Sess., Public Act No. 20-2 26 of 27
802482
803-such a plant; and every compound, manufacture, salt, derivative,
804-mixture or preparation of such plant, its seeds or resin; but shall not
805-include the mature stalks of such plant, fiber produced from such stalks,
806-oil or cake made from the seeds of such plant, any other compound,
807-manufacture, salt, derivative, mixture or preparation of such mature
808-stalks, except the resin extracted therefrom, fiber, oil or cake, the
809-sterilized seed of such plant which is incapable of germination, or hemp,
810-as defined in 7 USC 1639o, as amended from time to time. Included are
811-cannabinon, cannabinol, cannabidiol and chemical compounds which
812-are similar to cannabinon, cannabinol or cannabidiol in chemical
813-structure or which are similar thereto in physiological effect, and which
814-show a like potential for abuse, which are controlled substances under
815-this chapter unless [modified] derived from hemp, as defined in section
816-22-61l;
817-Sec. 4. Subdivision (29) of section 21a-240 of the 2020 supplement to
818-the general statutes is repealed and the following is substituted in lieu
819-thereof (Effective from passage):
820-(29) "Marijuana" means all parts of any plant, or species of the genus
821-cannabis or any infra specific taxon thereof, whether growing or not; the
822-seeds thereof; the resin extracted from any part of the plant; and every
823-compound, manufacture, salt, derivative, mixture, or preparation of
824-such plant, its seeds or resin. Marijuana does not include the mature
825-stalks of such plant, fiber produced from such stalks, oil or cake made
826-from the seeds of such plant, any other compound, manufacture, salt,
827-derivative, mixture or preparation of such mature stalks, except the
828-resin extracted therefrom, fiber, oil, or cake, the sterilized seed of such
829-plant which is incapable of germination, or hemp, as defined in 7 USC
830-1639o, as amended from time to time. Included are cannabinon,
831-cannabinol or cannabidiol and chemical compounds which are similar
832-to cannabinon, cannabinol or cannabidiol in chemical structure or which
833-are similar thereto in physiological effect, and which show a like House Bill No. 7003
834483
835-Sept. Sp. Sess., Public Act No. 20-2 27 of 27
484+LCO No. 4342 14 of 26
836485
837-potential for abuse, which are controlled substances under this chapter
838-unless [modified] derived from hemp, as defined in section 22-61l;
839-Approved October 2, 2020
486+to this section shall be made by certified mail, return receipt requested 372
487+to the producer license applicant or respondent's last known address, 373
488+by in-hand service by the commissioner or designated agent of the 374
489+commissioner, electronic mail service with the consent of the recipient, 375
490+or by service in accordance with chapter 896. The commissioner shall 376
491+report all producer violations made with a culpable mental state greater 377
492+than negligence to the United States Attorney General and the State's 378
493+Attorney for the judicial district in which the producer violation 379
494+occurred. 380
495+(l) Nothing in this section shall be construed to limit the 381
496+commissioner's authority to issue a cease and desist order pursuant to 382
497+section 22-4d, or an emergency order, in order to respond to a condition 383
498+that may present a public health hazard, or issue orders necessary to 384
499+effectuate the purposes of this section, including, but not limited to, 385
500+orders for the embargo, partial destruction, destruction and release of 386
501+hemp or hemp products. Any cease and desist order or an emergency 387
502+order shall become effective upon service of such order by the 388
503+commissioner. Following service of any such order, subsequent 389
504+proceedings shall proceed in accordance with the provisions of section 390
505+22-4d and the rules of practice for such agency. Any embargo, partial 391
506+destruction, destruction or release order issued pursuant to this section 392
507+shall be served by certified mail, return receipt requested to the 393
508+respondent's last known address, by in-hand service by the 394
509+commissioner or designated agent of the commissioner, or by service in 395
510+accordance with chapter 896. 396
511+(m) Following a hearing conducted in accordance with chapter 54, 397
512+the commissioner may impose an administrative civil penalty, not to 398
513+exceed two thousand five hundred dollars per violation, and suspend, 399
514+revoke or place conditions upon any [grower or processor] producer 400
515+licensee who violates the provisions of this section or any regulation 401
516+adopted pursuant to this section. 402
517+(n) (1) Any individual who [cultivates or processes] produces hemp 403
518+Bill No.
519+
520+
521+
522+LCO No. 4342 15 of 26
523+
524+in this state without obtaining a license pursuant to this section, or who 404
525+[cultivates or processes] produces hemp in this state after having a 405
526+license suspended or revoked [may be fined two hundred fifty dollars 406
527+in accordance with the provisions of section 51-164n] shall have 407
528+committed an infraction. 408
529+(2) Any [business] entity that [cultivates or processes] produces hemp 409
530+in this state without obtaining a license pursuant to this section, 410
531+produces hemp in violation of this section or [cultivates or processes] 411
532+produces hemp in this state after having a license suspended or revoked 412
533+[shall] may be fined not more than two thousand five hundred dollars 413
534+per violation, after a hearing conducted in accordance with chapter 54. 414
535+(o) (1) Any negligent violation, as described in the federal act, of this 415
536+section or the state plan shall be subject to enforcement in accordance 416
537+with the federal act, and the state plan for negligent violations. 417
538+(2) For any negligent violation, a producer shall be required to correct 418
539+such negligent violation, by means of a corrective action plan approved 419
540+by the commissioner. Each corrective action plan shall include, at a 420
541+minimum, a reasonable completion deadline for correction of the 421
542+negligent violation, periodic reporting to the commissioner for at least 422
543+two years and compliance with the state plan. 423
544+(3) Any producer that negligently violates the state plan shall not, as 424
545+a result of such negligent violation, be referred by the commissioner for 425
546+any criminal enforcement action by the federal, state or local 426
547+government. 427
548+(4) Any producer that negligently violates the state plan three times 428
549+during any five-year period shall be ineligible to produce hemp for a 429
550+period of five years beginning on the date of the third violation. 430
551+(5) The commissioner shall conduct an inspection to determine if the 431
552+corrective action plan for a producer who commits any such negligent 432
553+violation was properly implemented. 433
554+Bill No.
555+
556+
557+
558+LCO No. 4342 16 of 26
559+
560+(p) Any person aggrieved by an order issued pursuant to this section 434
561+may appeal to the commissioner in accordance with the provisions of 435
562+chapter 54. Such appeal shall be made in writing to the commissioner 436
563+and received not later than fifteen days after the date of the order. If no 437
564+appeal is made pursuant to this subsection the order shall be final. 438
565+(q) (1) All documents [included in an application for a grower or 439
566+processor license] submitted under this section shall be subject to 440
567+disclosure in accordance with chapter 14, except: [any document 441
568+describing, depicting or otherwise outlining a licensee's security 442
569+schematics and the results of any criminal history records check] (A) 443
570+Information depicting or describing (i) the test results of any producer, 444
571+(ii) the location of any hemp growing, harvesting, processing or storage 445
572+location, or (iii) hemp producer location security schematics; and (B) the 446
573+results of any criminal history records check. 447
574+(2) Notwithstanding the provisions of subdivision (1) of this 448
575+subsection, all documents and records submitted or maintained 449
576+pursuant to this section shall be disclosed to any law enforcement 450
577+agency upon request of such law enforcement agency. 451
578+(r) The commissioner may inspect and shall have access to the 452
579+buildings, equipment, supplies, vehicles, records, real property and 453
580+other information that the commissioner deems necessary to carry out 454
581+the commissioner's duties pursuant to this section from any person 455
582+participating in [the planting, cultivating, harvesting, processing,] 456
583+producing, handling, storing marketing or researching [of] hemp. 457
584+[(s) The commissioner shall establish an inspection and testing 458
585+program to determine THC levels and ensure compliance with the limits 459
586+on THC concentration in all hemp grown in the state by a grower 460
587+licensee. The grower shall collect a pre-harvest sample no more than 461
588+fifteen days before the intended harvest date, in accordance with the 462
589+commissioner's pre-harvest hemp sampling protocol adopted in 463
590+accordance with chapter 54 and published on the Internet web site of 464
591+Bill No.
592+
593+
594+
595+LCO No. 4342 17 of 26
596+
597+the Department of Agriculture. The grower and processor licensees 465
598+shall be responsible for all costs of disposal of hemp samples and any 466
599+hemp produced by a licensee that violates the provisions of this section 467
600+or any regulation adopted pursuant to this section. A hemp sample fails 468
601+THC testing if the test report indicates that the sample contains an 469
602+average THC concentration greater than 0.3 per cent on a dry weight 470
603+basis. The commissioner may order and conduct post-harvest sample 471
604+THC testing of a plot if the results of an initial THC test on the pre-472
605+harvest sample provided and collected by the licensee indicate a THC 473
606+concentration in the pre-harvest sample in excess of such permitted 474
607+levels, unless the licensee elects to destroy the crop prior to post-harvest 475
608+sample THC testing.] 476
609+[(t)] (s) Nothing in this section shall be construed to apply to any 477
610+licensee of palliative marijuana authorized pursuant to chapter 420f. 478
611+[(u)] (t) All licensees pursuant to this section shall maintain records 479
612+required by the federal act, the state plan, this section and any regulation 480
613+adopted pursuant to this section. Each licensee shall make such records 481
614+available to the department immediately upon request of the 482
615+commissioner and in electronic format, if available. 483
616+[(v)] (u) The commissioner [shall] may adopt regulations, in 484
617+accordance with the provisions of chapter 54, to implement the 485
618+provisions of this section including, but not limited to, [establishing 486
619+sampling and testing procedures to ensure compliance with the federal 487
620+act and to prescribe disposal procedures for plants grown in violation 488
621+of the federal act] the labeling of producer hemp products. 489
622+[(w)] (v) Notwithstanding any provision of the general statutes: (1) 490
623+Marijuana does not include hemp or hemp products; (2) THC that does 491
624+not exceed 0.3 per cent by dry weight and that is found in hemp shall 492
625+not be considered to be THC that constitutes a controlled substance; (3) 493
626+hemp-derived cannabidiols, including CBD, shall not constitute 494
627+controlled substances or adulterants solely on the basis of containing 495
628+Bill No.
629+
630+
631+
632+LCO No. 4342 18 of 26
633+
634+CBD; and (4) hemp products that contain one or more hemp-derived 496
635+cannabidiols, such as CBD, intended for ingestion shall be considered 497
636+foods, not controlled substances or adulterated products solely on the 498
637+basis of the containing hemp-derived cannabidiols. 499
638+[(x)] (w) Whenever the commissioner believes or has reasonable 500
639+cause to believe that the actions of a licensee or any employee of a 501
640+[grower or processor] producer licensee [will violate] are in violation of 502
641+the federal act, the state plan, or any state law concerning the growing, 503
642+cultivation, handling, transporting or possession of marijuana, the 504
643+commissioner shall notify the Department of Emergency Services and 505
644+Public Protection and the State Police. 506
645+[(y) The Commissioner of Agriculture may enter an agreement with 507
646+any state or federally recognized Indian tribe to assist such tribe in the 508
647+development of a pilot program under the federal act or to have 509
648+applicants from such tribe participate in the pilot program established 510
649+pursuant to subsection (b) of this section.] 511
650+Sec. 2. Section 22-61m of the 2020 supplement to the general statutes 512
651+is repealed and the following is substituted in lieu thereof (Effective 513
652+October 31, 2020): 514
653+(a) No person shall manufacture in the state without a license to 515
654+manufacture issued by the Commissioner of Consumer Protection. 516
655+(b) Each applicant for a manufacturer license shall submit an 517
656+application on a form and in a manner prescribed by the Commissioner 518
657+of Consumer Protection. 519
658+(c) The following fees shall apply for a license to manufacture: 520
659+(1) A nonrefundable license application fee of [fifty] seventy-five 521
660+dollars; and 522
661+(2) A nonrefundable licensing fee of [two hundred fifty] three 523
662+hundred seventy-five dollars for a license to manufacture hemp. 524
663+Bill No.
664+
665+
666+
667+LCO No. 4342 19 of 26
668+
669+(d) A license to manufacture [hemp or hemp products] issued by the 525
670+Commissioner of Consumer Protection pursuant to this section shall 526
671+expire [biennially] triennially on June thirtieth. Such licenses shall not 527
672+be transferable. 528
673+(e) In accordance with a hearing held pursuant to chapter 54, the 529
674+Commissioner of Consumer Protection may deny, suspend or revoke a 530
675+manufacturer license, issue fines of not more than two thousand five 531
676+hundred dollars per violation and place c onditions upon a 532
677+manufacturer licensee who violates the provisions of this section and 533
678+any regulation adopted pursuant to this section. 534
679+(f) (1) Any individual who manufactures in this state without 535
680+obtaining a license pursuant to this section or who manufactures in this 536
681+state after such entity's license is suspended or revoked shall be fined 537
682+two hundred fifty dollars in accordance with the provisions of section 538
683+51-164n. 539
684+(2) Any [business] entity who manufactures in this state without 540
685+obtaining a license pursuant to this section, or who manufactures in this 541
686+state after having a license suspended, shall be fined not more than two 542
687+thousand five hundred dollars per violation after a hearing conducted 543
688+in accordance with the provisions of chapter 54. 544
689+(g) Nothing in this section shall be construed to apply to any licensee 545
690+of palliative marijuana authorized pursuant to chapter 420f. 546
691+(h) The Commissioner of Consumer Protection may inspect and shall 547
692+have access to the buildings, equipment, supplies, vehicles, records, real 548
693+property and other information of any manufacturer applicant or 549
694+licensee that the commissioner deems necessary to carry out the 550
695+commissioner's duties pursuant to this section. 551
696+(i) (1) Each manufacturer shall follow the protocol in this subsection 552
697+for disposing of [hemp or hemp products] cannabis in the event that any 553
698+hemp or hemp product is deemed to [contain a] exceed the prescribed 554
699+Bill No.
700+
701+
702+
703+LCO No. 4342 20 of 26
704+
705+THC concentration, [of more than 0.3 per cent on a dry weight basis,] as 555
706+determined by the Commissioner of Consumer Prot ection, or a 556
707+manufacturer licensee in possession of hemp or hemp products who 557
708+desires to dispose of obsolete, misbranded, excess or otherwise 558
709+undesired product. Each manufacturer licensee shall be responsible for 559
710+all costs of disposal of hemp samples and any hemp produced by such 560
711+licensee that violates the provisions of this section or any regulation 561
712+adopted pursuant to this section. Any [hemp or hemp product 562
713+containing a] cannabis that exceeds the prescribed THC concentration 563
714+[of more than 0.3 per cent on a dry weight basis] allowable in hemp or 564
715+hemp products shall be immediately embargoed by such manufacturer 565
716+and clearly labeled as adulterated by such licensee and such licensee 566
717+shall immediately notify both the Department of Consumer Protection 567
718+and the Department of Agriculture, in writing, of such adulterated 568
719+product. Such adulterated product shall be destroyed and disposed of 569
720+by the following method, as determined by the Commissioner of 570
721+Consumer Protection: 571
722+(A) Surrender, without compensation, of such hemp or hemp product 572
723+to the Commissioner of Consumer Protection who shall be responsible 573
724+for the destruction and disposal of such adulterated product; or 574
725+(B) By disposal in [the presence of an authorized representative of] a 575
726+manner prescribed by the Commissioner of Consumer Protection. [in 576
727+such a manner as to render the hemp or hemp product nonrecoverable.] 577
728+(2) Notwithstanding the provisions of subdivision (1) of this 578
729+subsection, upon written request of a manufacturer, the Commissioner 579
730+of Consumer Protection may permit such manufacturer to combine 580
731+different batches of raw hemp plant material to achieve a THC 581
732+concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 582
733+or destruction. 583
734+(j) The [person] manufacturer or manufacturer's authorized designee 584
735+disposing of the hemp or hemp products shall maintain and make 585
736+Bill No.
737+
738+
739+
740+LCO No. 4342 21 of 26
741+
742+available to the Commissioner of Consumer Protection a record of each 586
743+such disposal or destruction of product indicating: 587
744+(1) The date, time and location of disposal or destruction; 588
745+(2) The manner of disposal or destruction; 589
746+(3) The batch or lot information and quantity of hemp or hemp 590
747+product disposed of or destroyed; and 591
748+(4) The signatures of the persons disposing of the hemp or hemp 592
749+products, the authorized representative of the Commissioner of 593
750+Consumer Protection and any other persons present during the 594
751+disposal. 595
752+(k) Any hemp intended to be manufactured [as a consumable] into a 596
753+manufacturer hemp product shall be tested by an independent testing 597
754+laboratory. [or any other such laboratory that is accredited as a testing 598
755+laboratory to International Organization for Standardization (ISO) 599
756+17025 by a third-party accrediting body.] A manufacturer licensee shall 600
757+make available samples, in an amount and type determined by the 601
758+Commissioner of Consumer Protection, of hemp [or hemp product] for 602
759+an independent testing laboratory employee to select random samples. 603
760+The independent testing laboratory [or other such laboratory] shall test 604
761+each sample for microbiological contaminants, mycotoxins, heavy 605
762+metals and pesticide chemical residue, and for purposes of conducting 606
763+an active ingredient analysis, if applicable, as determined by the 607
764+Commissioner of Consumer Protection. 608
765+(l) Once a batch of hemp, [or hemp product,] intended to be sold as a 609
766+[consumable] manufacturer hemp product, has been homogenized for 610
767+sample testing and eventual packaging and sale, until the independent 611
768+testing laboratory [or other such laboratory] provides the results from 612
769+its tests and analysis, the manufacturer licensee shall segregate and 613
770+withhold from use the entire batch of hemp that is intended for 614
771+[consumable] use as a manufacturer hemp product, except the samples 615
772+Bill No.
773+
774+
775+
776+LCO No. 4342 22 of 26
777+
778+that have been removed by the independent testing laboratory for 616
779+testing. During this period of segregation, the manufacturer licensee 617
780+shall maintain the hemp [or hemp product] batch in a secure, cool and 618
781+dry location, as prescribed by the Commissioner of Consumer 619
782+Protection, so as to prevent the hemp [or hemp product] from becoming 620
783+adulterated. Such manufacturer shall not manufacture or sell a 621
784+[consumable] manufacturer hemp product prior to the time that the 622
785+independent testing laboratory [or other such laboratory] completes 623
786+testing and analysis and provides such results, in writing, to the 624
787+manufacturer licensee who initiated such testing. 625
788+(m) An independent testing laboratory [or other such laboratory] 626
789+shall immediately return or dispose of any hemp or manufacturer hemp 627
790+product upon the completion of any testing, use or research. If an 628
791+independent testing laboratory [or other such laboratory] disposes of 629
792+hemp or manufacturer hemp products, the laboratory shall dispose of 630
793+such hemp in the following manner, as determined by the 631
794+Commissioner of Consumer Protection: 632
795+(1) By surrender, without compensation, of such hemp or 633
796+manufacturer hemp product to the Commissioner of Consumer 634
797+Protection who shall be responsible for the destruction and disposal of 635
798+such hemp or hemp product; or 636
799+(2) By disposal in [the presence of an authorized representative of] a 637
800+manner prescribed by the Commissioner of Consumer Protection. [in 638
801+such a manner as to render the hemp or hemp product nonrecoverable.] 639
802+(n) If a sample does not pass the microbiological, mycotoxin, heavy 640
803+metal or pesticide chemical residue test, based on the standards 641
804+prescribed by the Commissioner of Consumer Protection and published 642
805+on the Internet web site of the Department of Consumer Protection, the 643
806+manufacturer licensee who sent such batch for testing shall dispose of 644
807+the entire batch from which the sample was taken in accordance with 645
808+procedures established by the Commissioner of Consumer Protection 646
809+Bill No.
810+
811+
812+
813+LCO No. 4342 23 of 26
814+
815+pursuant to subdivision (1) of subsection (i) of this section. 647
816+(o) If a sample passes the microbiological, mycotoxin, heavy metal 648
817+and pesticide chemical residue test, the independent testing laboratory 649
818+[or other such laboratory] shall release the entire batch for 650
819+manufacturing, processing or sale. 651
820+(p) The independent testing laboratory [or other such laboratory] 652
821+shall file with the Department of Consumer Protection an electronic 653
822+copy of each laboratory test result for any batch that does not pass the 654
823+microbiological, mycotoxin, heavy metal or pesticide chemical residue 655
824+test, at the same time that it transmits such results to the manufacturer 656
825+licensee who requested such testing. Each independent testing 657
826+laboratory [or other such laboratory] shall maintain the test results of 658
827+each tested batch for a period of three years and shall make such results 659
828+available to the Department of Consumer Protection upon request. 660
829+(q) Manufacturer licensees shall maintain records required by the 661
830+federal act, this section and any regulation adopted pursuant to this 662
831+section. Each manufacturer licensee shall make such records available 663
832+to the Department of Consumer Protection immediately upon request 664
833+and in electronic format, if available. 665
834+(r) The Commissioner of Consumer Protection may adop t 666
835+regulations, in accordance with the provisions of chapter 54, to 667
836+implement the provisions of this section including, but not limited to, 668
837+establishing sampling and testing procedures to ensure compliance 669
838+with [the federal act, to prescribe] this section, prescribing storage and 670
839+disposal procedures for [plants grown in violation of the federal act] 671
840+hemp, marijuana and manufacturer hemp products that fail to pass 672
841+Department of Consumer Protection prescribed independent testing 673
842+laboratory testing standards and [to establish] establishing advertising 674
843+and labeling requirements for [consumables] manufacturer hemp 675
844+products. 676
845+(s) Any claim of health impacts, medical effects or physical or mental 677
846+Bill No.
847+
848+
849+
850+LCO No. 4342 24 of 26
851+
852+benefits shall be prohibited on any advertising for, labeling of or 678
853+marketing of [consumables] manufacturer hemp products. Any 679
854+violation of this subsection shall be deemed an unfair or deceptive trade 680
855+practice under chapter 735a. 681
856+(t) Not later than February 1, 2020, the Commissioners of Agriculture 682
857+and Consumer Protection shall submit a report, in accordance with 683
858+section 11-4a, to the joint standing committee of the general assembly 684
859+having cognizance of matters relating to the environment on the status 685
860+of the pilot program, the development of the state plan and any 686
861+regulations for such pilot program or state plan. Additionally such 687
862+report shall include any legislative recommendations, including, but not 688
863+limited to, any recommendations for requiring the registration of any 689
864+[consumable] manufacturer hemp product offered for sale in this state. 690
865+(u) Any person who sells manufacturer hemp products shall not be 691
866+required to be licensed, provided such person only engages in: (1) The 692
867+retail or wholesale sale of manufacturer hemp products in which no 693
868+further manufacturing of hemp occurs, provided such manufacturer 694
869+hemp products are acquired from a person authorized to manufacture 695
870+the manufacturer hemp products under the laws of this state or another 696
871+state, territory or possession of the United States or another sovereign 697
872+entity; (2) the acquisition of manufacturer hemp products for the sole 698
873+purpose of product distribution for resale; or (3) the retail sale of 699
874+manufacturer hemp products that is otherwise authorized under federal 700
875+or state law. 701
876+(v) Notwithstanding any provision of the general statutes: (1) 702
877+Marijuana does not include manufacturer hemp products; (2) CBD that 703
878+is found in manufacturer hemp products shall not be considered a 704
879+controlled substance, as defined in section 21a-240, or legend drug, as 705
880+defined in section 20-571; and (3) cannabinoids derived from hemp and 706
881+contained in manufacturer hemp products shall not be considered 707
882+controlled substances or adulterants. 708
883+Bill No.
884+
885+
886+
887+LCO No. 4342 25 of 26
888+
889+Sec. 3. Subdivision (7) of section 21a-240 of the 2020 supplement to 709
890+the general statutes is repealed and the following is substituted in lieu 710
891+thereof (Effective from passage): 711
892+(7) "Cannabis-type substances" include all parts of any plant, or 712
893+species of the genus cannabis or any infra specific taxon thereof whether 713
894+growing or not; the seeds thereof; the resin extracted from any part of 714
895+such a plant; and every compound, manufacture, salt, derivative, 715
896+mixture or preparation of such plant, its seeds or resin; but shall not 716
897+include the mature stalks of such plant, fiber produced from such stalks, 717
898+oil or cake made from the seeds of such plant, any other compound, 718
899+manufacture, salt, derivative, mixture or preparation of such mature 719
900+stalks, except the resin extracted therefrom, fiber, oil or cake, the 720
901+sterilized seed of such plant which is incapable of germination, or hemp, 721
902+as defined in 7 USC 1639o, as amended from time to time. Included are 722
903+cannabinon, cannabinol, cannabidiol and chemical compounds which 723
904+are similar to cannabinon, cannabinol or cannabidiol in chemical 724
905+structure or which are similar thereto in physiological effect, and which 725
906+show a like potential for abuse, which are controlled substances under 726
907+this chapter unless [modified] derived from hemp, as defined in section 727
908+22-61l; 728
909+Sec. 4. Subdivision (29) of section 21a-240 of the 2020 supplement to 729
910+the general statutes is repealed and the following is substituted in lieu 730
911+thereof (Effective from passage): 731
912+(29) "Marijuana" means all parts of any plant, or species of the genus 732
913+cannabis or any infra specific taxon thereof, whether growing or not; the 733
914+seeds thereof; the resin extracted from any part of the plant; and every 734
915+compound, manufacture, salt, derivative, mixture, or preparation of 735
916+such plant, its seeds or resin. Marijuana does not include the mature 736
917+stalks of such plant, fiber produced from such stalks, oil or cake made 737
918+from the seeds of such plant, any other compound, manufacture, salt, 738
919+derivative, mixture or preparation of such mature stalks, except the 739
920+resin extracted therefrom, fiber, oil, or cake, the sterilized seed of such 740
921+Bill No.
922+
923+
924+
925+LCO No. 4342 26 of 26
926+
927+plant which is incapable of germination, or hemp, as defined in 7 USC 741
928+1639o, as amended from time to time. Included are cannabinon, 742
929+cannabinol or cannabidiol and chemical compounds which are similar 743
930+to cannabinon, cannabinol or cannabidiol in chemical structure or which 744
931+are similar thereto in physiological effect, and which show a like 745
932+potential for abuse, which are controlled substances under this chapter 746
933+unless [modified] derived from hemp, as defined in section 22-61l; 747
934+This act shall take effect as follows and shall amend the following
935+sections:
936+
937+Section 1 October 31, 2020 22-61l
938+Sec. 2 October 31, 2020 22-61m
939+Sec. 3 from passage 21a-240(7)
940+Sec. 4 from passage 21a-240(29)
941+