Connecticut Senate Bill SB00016 Latest Draft

                               
 
LCO No. 724  	1 of 108 
 
General Assembly  Governor's Bill No. 16  
February Session, 2020  
LCO No. 724 
 
 
Referred to Committee on JUDICIARY  
 
 
Introduced by:  
SEN. LOONEY, 11
th
 Dist. 
SEN. DUFF, 25
th
 Dist. 
REP. ARESIMOWICZ, 30
th
 Dist. 
REP. RITTER M., 1
st
 Dist. 
 
 
 
 
 
 
AN ACT CONCERNING TH E ADULT USE OF CANNA BIS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective from passage) As used in this section, 1 
sections 6 to 9, inclusive, of this act, sections 18 to 29, inclusive, of this 2 
act, sections 31 to 39, inclusive, of this act and section 41 of this act, 3 
unless the context otherwise requires: 4 
(1) "Backer" means any person with a direct or indirect financial 5 
interest in a cannabis establishment. "Backer" does not include a person 6 
with an investment interest in a cannabis establishment, provided the 7 
interest held by such person and such person's coworkers, employees, 8 
spouse, parent or child, in the aggregate, does not exceed five per cent 9 
of the total ownership or interest rights in such cannabis establishment 10 
and such person does not participate directly or indirectly in the control, 11 
management or operation of the cannabis establishment; 12     
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(2) "Cannabis" means marijuana, as defined in section 21a-240 of the 13 
general statutes; 14 
(3) "Cannabis establishment" means a producer, dispensary facility, 15 
cannabis product manufacturing facility or cannabis retailer; 16 
(4) "Cannabis product" means a cannabis concentrate or a product 17 
that contains cannabis, which may be combined with other ingredients, 18 
and is intended for use or consumption. Cannabis product does not 19 
include the raw cannabis plant; 20 
(5) "Cannabis concentrate" means any form of concentration, 21 
including, but not limited to, extracts, oils, tinctures, shatter and waxes, 22 
that is extracted from cannabis or a cannabis product that is further 23 
processed to increase the concentration of THC; 24 
(6) "Cannabis product manufacturing facility" means a person, 25 
excluding a producer, that is licensed to purchase cannabis, 26 
manufacture, prepare and package cannabis products and sell or 27 
transfer cannabis and cannabis products to laboratories, research 28 
programs and cannabis establishments; 29 
(7) "Cannabis retailer" means a person, excluding a dispensary 30 
facility, as defined in section 21a-408-1 of the regulations of state 31 
agencies, that is licensed to purchase cannabis from producers as well 32 
as to purchase cannabis and cannabis products from cannabis product 33 
manufacturing facilities and to sell cannabis and cannabis products to 34 
consumers and research programs; 35 
(8) "Commission" means the Cannabis Equity Commission 36 
established pursuant to section 18 of this act; 37 
(9) "Commissioner" means the Commissioner of Consumer 38 
Protection; 39 
(10) "Consumer" means an individual who is twenty-one years of age 40 
or older; 41     
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(11) "Cultivation" has the same meaning as provided in section 21a-42 
408 of the general statutes; 43 
(12) "Department" means the Department of Consumer Protection; 44 
(13) "Dispensary facility" has the same meaning as "dispensary", as 45 
provided in section 21a-408 of the general statutes; 46 
(14) "Employee" means any person who is not a backer, but is a 47 
member of the board of a company with an ownership interest in a 48 
cannabis establishment, and any person employed by a cannabis 49 
establishment or who otherwise has access to such establishment, 50 
including, but not limited to, an independent contractor who has 51 
routine access to the premises of such establishment; 52 
(15) "Hemp" has the same meaning as provided in section 22-61l of 53 
the general statutes;  54 
(16) "Laboratory" means a facility located in Connecticut that is 55 
licensed by the department to provide analysis of controlled substances 56 
pursuant to sections 21a-246 and 21a-408r of the general statutes; 57 
(17) "Laboratory employee" means an individual who is licensed as a 58 
laboratory employee pursuant to section 21a-408r of the general 59 
statutes; 60 
(18) "Cannabis micro business" means a cannabis micro business 61 
retailer or a cannabis micro business retail delivery licensee; 62 
(19) "Municipality" means any town, city or borough, consolidated 63 
town and city or consolidated town and borough; 64 
(20) "Paraphernalia" means drug paraphernalia, as defined in section 65 
21a-240 of the general statutes; 66 
(21) "Person" means every individual, partnership, limited liability 67 
company, society, association, joint stock company, corporation, estate, 68     
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receiver, trustee, assignee, referee and any other person acting in a 69 
fiduciary or representative capacity, whether appointed by a court or 70 
otherwise, and any combination thereof;  71 
(22) "Producer" has the same meaning as provided in section 21a-408i 72 
of the general statutes and any regulations promulgated thereunder; 73 
(23) "Research program" has the same meaning as provided in section 74 
21a-408 of the general statutes;  75 
(24) "Sale" or "sell" has the same meaning as provided in section 21a-76 
240 of the general statutes; and 77 
(25) "THC" means delta-9-tetrahydrocannabinol. 78 
Sec. 2. Subsection (a) of section 21a-279 of the general statutes is 79 
repealed and the following is substituted in lieu thereof (Effective July 1, 80 
2020): 81 
(a) (1) Any person who possesses or has under such person's control 82 
any quantity of any controlled substance, except [less than one-half 83 
ounce] of a cannabis-type substance and except as authorized in this 84 
chapter, shall be guilty of a class A misdemeanor. 85 
(2) For a second offense of subdivision (1) of this subsection, the court 86 
shall evaluate such person and, if the court determines such person is a 87 
drug-dependent person, the court may suspend prosecution of such 88 
person and order such person to undergo a substance abuse treatment 89 
program. 90 
(3) For any subsequent offense of subdivision (1) of this subsection, 91 
the court may find such person to be a persistent offender for possession 92 
of a controlled substance in accordance with section 53a-40. 93 
Sec. 3. Section 21a-279a of the general statutes is repealed and the 94 
following is substituted in lieu thereof (Effective July 1, 2020): 95     
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(a) A consumer twenty-one years of age or older may possess, use 96 
and otherwise consume cannabis and cannabis products, provided the 97 
amount of all such cannabis, including the amount contained in any 98 
cannabis product, does not exceed such consumer's possession limit of 99 
one and one-half ounces of cannabis, of which no more than five grams 100 
may be in the form of a cannabis concentrate. 101 
[(a)] (b) Any person under twenty-one years of age who possesses or 102 
has under [his] such person's control less than [one-half ounce] two 103 
ounces of a cannabis-type substance, [as defined in section 21a-240,] 104 
except as authorized in this chapter or chapter 420f, shall (1) for a first 105 
offense, be fined one hundred fifty dollars, and (2) for a subsequent 106 
offense, be fined not less than two hundred dollars or more than five 107 
hundred dollars. 108 
(c) Any person twenty-one years of age or older who possesses or has 109 
under such person's control more than the possession limit pursuant to 110 
subsection (a) of this section, but less than two ounces of a cannabis-type 111 
substance, except as authorized in this chapter or chapter 420f, shall (1) 112 
for a first offense, be fined one hundred fifty dollars, and (2) for a 113 
subsequent offense, be fined not less than two hundred dollars or more 114 
than five hundred dollars. 115 
(d) (1) Any person who possesses or has under such person's control 116 
two ounces or more of a cannabis-type substance, except as authorized 117 
in this chapter, chapter 420f or sections 18 to 29, inclusive, of this act, 118 
sections 31 to 33, inclusive, of this act or section 21a-408t of the general 119 
statutes, as amended by this act, shall be guilty of a class B 120 
misdemeanor. 121 
(2) For an offense under subdivision (1) of this subsection, the court 122 
shall evaluate such person and, if the court determines such person is a 123 
drug-dependent person, the court may suspend prosecution of such 124 
person and order such person to undergo a substance abuse treatment 125 
program. 126     
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[(b)] (e) The law enforcement officer issuing a complaint for a 127 
violation of subsection [(a)] (b), (c) or (d) of this section shall seize the 128 
cannabis-type substance and cause such substance to be destroyed as 129 
contraband in accordance with law. 130 
[(c)] (f) Any person who, at separate times, has twice entered a plea 131 
of nolo contendere to, or been found guilty after trial of, a violation of 132 
subsection [(a)] (b), (c) or (d) of this section shall, upon a subsequent plea 133 
of nolo contendere to, or finding of guilty of, a violation of said 134 
subsection, be referred for participation in a drug education program at 135 
such person's own expense.  136 
(g) As used in this section, "cannabis" and "cannabis products" have 137 
the same meaning as provided in section 1 of this act. 138 
Sec. 4. Section 54-142d of the general statutes is repealed and the 139 
following is substituted in lieu thereof (Effective July 1, 2020): 140 
(a) Whenever any person has been convicted of an offense in any 141 
court in this state and such offense has been decriminalized subsequent 142 
to the date of such conviction, such person may file a petition with the 143 
[superior court] Superior Court at the location in which such conviction 144 
was effected, or with the [superior court] Superior Court at the location 145 
having custody of the records of such conviction or [with the records 146 
center of the Judicial Department] if such conviction was in the Court of 147 
Common Pleas, Circuit Court, municipal court or by a trial justice in the 148 
Superior Court where venue would exist for criminal prosecution, for 149 
an order of erasure, and the Superior Court [or records center of the 150 
Judicial Department] shall direct all police and court records and 151 
records of the state's or prosecuting attorney pertaining to such [case] 152 
offense to be physically destroyed. 153 
(b) Any person who has been convicted on October 1, 2015, or 154 
thereafter, in any court in this state of a violation of section 21a-279, as 155 
amended by this act, for possession of a cannabis-type substance and 156 
the amount possessed was less than or equal to four ounces of such 157     
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substance, may file a petition with the Superior Court at the location in 158 
which such conviction was effected, or with the Superior Court at the 159 
location having custody of the records of such conviction or if such 160 
conviction was in the Court of Common Pleas, Circuit Court, municipal 161 
court or by a trial justice, in the Superior Court where venue would 162 
currently exist for criminal prosecution, for an order of erasure. As part 163 
of such petition, such person shall include a copy of the arrest record or 164 
an affidavit supporting such person's petition that such person 165 
possessed four ounces or less of a cannabis-type substance for which 166 
such person was convicted. If such petition is in order, the Superior 167 
Court shall direct all police and court records and records of the state's 168 
or prosecuting attorney pertaining to such offense for an order of 169 
erasure. No fee may be charged in any court with respect to any petition 170 
under this subsection.  171 
(c) The provisions of this section shall not apply to any police or court 172 
records or records of the state's or prosecuting attorney pertaining to 173 
such offense (1) while the criminal case is pending, or (2) in instances 174 
where the case contains more than one count, until all counts are entitled 175 
to destruction. If all counts are not entitled to destruction, the court shall 176 
direct the records of any offenses that would otherwise be entitled to 177 
destruction pursuant to this section to be deemed erased pursuant to 178 
section 54-142a, as amended by this act. 179 
Sec. 5. (NEW) (Effective July 1, 2021) (a) Whenever prior to October 1, 180 
2015, any person has been convicted in any court of this state of 181 
possession of less than four ounces of a cannabis-type substance under 182 
subsection (c) of section 21a-279 of the general statutes, all police and 183 
court records and records of the state's or prosecuting attorney or the 184 
prosecuting grand juror pertaining to such a conviction in any court of 185 
this state shall be erased by operation of law consistent with the 186 
provisions of section 54-142d of the general statutes, as amended by this 187 
act. 188 
(b) Nothing in this section shall limit any other procedure for erasure 189     
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of criminal history record information, as defined in section 54-142g of 190 
the general statutes, or prohibit a person from participating in any such 191 
procedure, even if such person's electronic criminal history record 192 
information has been erased pursuant to this section. 193 
Sec. 6. (NEW) (Effective July 1, 2022) Notwithstanding any provision 194 
of the general statutes, no cannabis retailer or consumer may be subject 195 
to arrest or prosecution, penalized in any manner, including, but not 196 
limited to, being subject to any civil penalty, or denied any right or 197 
privilege, including, but not limited to, being subject to any disciplinary 198 
action by a professional licensing board, for the acquisition, distribution, 199 
possession, use or transportation of cannabis or paraphernalia related to 200 
cannabis in accordance with the provisions of section 21a-243 of the 201 
general statutes, as amended by this act, section 21a-279a of the general 202 
statutes, as amended by this act, section 21a-408t of the general statutes, 203 
as amended by this act, sections 18 to 29, inclusive, of this act, sections 204 
31 to 35, inclusive, of this act or section 41 of this act. 205 
Sec. 7. (NEW) (Effective July 1, 2020) Any paraphernalia relating to 206 
cannabis or other property seized by law enforcement officials from a 207 
consumer or cannabis establishment in connection with the claimed 208 
possession or use of cannabis under subsection (a) of section 21a-279a of 209 
the general statutes, as amended by this act, shall be returned to the 210 
consumer or cannabis establishment immediately upon the 211 
determination by a court that the consumer or cannabis establishment 212 
is in compliance with the provisions of subsection (a) of section 21a-279a 213 
of the general statutes, as amended by this act, as evidenced by a 214 
decision not to prosecute, a dismissal of charges or an acquittal. The 215 
provisions of this section do not apply to any person who fails to comply 216 
with the provisions of subsection (a) of section 21a-279a of the general 217 
statutes, as amended by this act.  218 
Sec. 8. (NEW) (Effective July 1, 2022) (a) Except as provided in chapter 219 
420b or 420f of the general statutes or subsection (b) of this section, no 220 
person, other than a cannabis retailer, as provided in sections 18 to 29, 221     
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inclusive, of this act, sections 31 to 33, inclusive, of this act or section 222 
21a-408t of the general statutes, as amended by this act, may deliver, sell 223 
or offer cannabis or cannabis products to a consumer. 224 
(b) Any consumer who purchases cannabis or cannabis products 225 
from a cannabis retailer may give cannabis or cannabis products to 226 
another consumer, provided such other consumer may possess such 227 
cannabis or cannabis products without exceeding the possession limit 228 
pursuant to subsection (a) of section 21a-279a of the general statutes, as 229 
amended by this act. 230 
Sec. 9. (NEW) (Effective July 1, 2020) Notwithstanding any provision 231 
of chapter 420b of the general statutes, a consumer may manufacture, 232 
possess or purchase paraphernalia related to cannabis or distribute or 233 
sell paraphernalia related to cannabis to another consumer.  234 
Sec. 10. Subsections (b) to (e), inclusive, of section 14-227a of the 235 
general statutes are repealed and the following is substituted in lieu 236 
thereof (Effective April 1, 2022): 237 
(b) (1) Except as provided in subsection (c) of this section, in any 238 
criminal prosecution for violation of subsection (a) of this section, 239 
evidence respecting the amount of alcohol or drug in the defendant's 240 
blood or urine at the time of the alleged offense, as shown by a chemical 241 
[analysis] test of the defendant's breath, blood or urine, shall be 242 
admissible and competent provided: [(1)] (A) The defendant was 243 
afforded a reasonable opportunity to telephone an attorney prior to the 244 
performance of the test and consented to the taking of the test upon 245 
which such analysis is made; [(2)] (B) a true copy of the report of the test 246 
result was mailed to or personally delivered to the defendant within 247 
twenty-four hours or by the end of the next regular business day, after 248 
such result was known, whichever is later; [(3)] (C) the test was 249 
performed by or at the direction of a police officer according to methods 250 
and with equipment approved by the Department of Emergency 251 
Services and Public Protection and was performed in accordance with 252     
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the regulations adopted under subsection (d) of this section; [(4)] (D) the 253 
device used for such test was checked for accuracy in accordance with 254 
the regulations adopted under subsection (d) of this section; [(5)] (E) an 255 
additional chemical test of the same type was performed at least ten 256 
minutes after the initial test was performed or, if requested by the police 257 
officer for reasonable cause, an additional chemical test of a different 258 
type was performed, including a test to detect the presence of a drug or 259 
drugs other than or in addition to alcohol, provided the results of the 260 
initial test shall not be inadmissible under this subsection if reasonable 261 
efforts were made to have such additional test performed in accordance 262 
with the conditions set forth in this subsection and (i) such additional 263 
test was not performed or was not performed within a reasonable time, 264 
or (ii) the results of such additional test are not admissible for failure to 265 
meet a condition set forth in this subsection; and [(6)] (F) evidence is 266 
presented that the test was commenced within two hours of operation. 267 
In any prosecution under this section it shall be a rebuttable 268 
presumption that the results of such chemical analysis establish the ratio 269 
of alcohol in the blood of the defendant at the time of the alleged offense, 270 
except that if the results of the additional test indicate that the ratio of 271 
alcohol in the blood of such defendant is ten-hundredths of one per cent 272 
or less of alcohol, by weight, and is higher than the results of the first 273 
test, evidence shall be presented that demonstrates that the test results 274 
and the analysis thereof accurately indicate the blood alcohol content at 275 
the time of the alleged offense. 276 
(2) If a law enforcement officer who is a drug recognition expert 277 
conducts a drug influence evaluation, the officer's testimony concerning 278 
such evaluation shall be admissible and competent as evidence of 279 
operation of a motor vehicle while under the influence of liquor or any 280 
drug or both under subdivision (1) of subsection (a) of this section.  281 
(c) In any prosecution for a violation of subdivision (1) of subsection 282 
(a) of this section, reliable evidence respecting the amount of alcohol in 283 
the defendant's blood or urine at the time of the alleged offense, as 284 
shown by a chemical analysis of the defendant's blood, breath or urine, 285     
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otherwise admissible under subdivision (1) of subsection (b) of this 286 
section, shall be admissible only at the request of the defendant. 287 
(d) The Commissioner of Emergency Services and Public Protection 288 
shall ascertain the reliability of each method and type of device offered 289 
for chemical testing [and analysis purposes] of blood, of breath and of 290 
urine and certify those methods and types which [said] the 291 
commissioner finds suitable for use in testing [and analysis] of blood, 292 
breath and urine, respectively, in this state. The Commissioner of 293 
Emergency Services and Public Protection shall adopt regulations, in 294 
accordance with chapter 54, governing the conduct of chemical tests, the 295 
operation and use of chemical test devices, the training and certification 296 
of operators of such devices and the drawing or obtaining of blood, 297 
breath or urine samples as [said] the commissioner finds necessary to 298 
protect the health and safety of persons who submit to chemical tests 299 
and to insure reasonable accuracy in testing results. Such regulations 300 
shall not require recertification of a police officer solely because such 301 
officer terminates such officer's employment with the law enforcement 302 
agency for which certification was originally issued and commences 303 
employment with another such agency. 304 
(e) (1) In any criminal prosecution for a violation of subsection (a) of 305 
this section, evidence that the defendant refused to submit to a blood, 306 
breath or urine test or the nontestimonial portion of a drug influence 307 
evaluation requested in accordance with section 14-227b, as amended 308 
by this act, shall be admissible provided the requirements of subsection 309 
(b) of said section have been satisfied. If a case involving a violation of 310 
subsection (a) of this section is tried to a jury, the court shall instruct the 311 
jury as to any inference that may or may not be drawn from the 312 
defendant's refusal to submit to [a blood, breath or urine test] such a test 313 
or evaluation. 314 
(2) A drug recognition expert may testify as to his or her opinion or 315 
otherwise as to the significance of any symptoms of impairment or 316 
intoxication for which evidence has been admitted or on the condition 317     
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that such evidence be introduced. 318 
(3) In any prosecution for a violation of subdivision (1) of subsection 319 
(a) of this section in which it is alleged that the defendant's operation of 320 
a motor vehicle was impaired, in whole or in part, by consumption of 321 
cannabis, cannabis products or THC, as those terms are defined in 322 
section 1 of this act, the court may take judicial notice that the ingestion 323 
of THC (A) can impair a person's ability to operate a motor vehicle; (B) 324 
can impair a person's motor function, reaction time, tracking ability, 325 
cognitive attention, decision-making, judgment, perception, peripheral 326 
vision, impulse control and memory; and (C) does not enhance a 327 
person's ability to safely operate a motor vehicle.  328 
Sec. 11. Section 14-227b of the general statutes is repealed and the 329 
following is substituted in lieu thereof (Effective April 1, 2022): 330 
(a) Any person who operates a motor vehicle in this state shall be 331 
deemed to have given such person's consent to: [a] (1) A chemical 332 
[analysis] test of such person's blood, breath or urine; [and, if] and (2) a 333 
nontestimonial portion of a drug influence evaluation conducted by a 334 
drug recognition expert. If such person is a minor, such person's parent 335 
or parents or guardian shall also be deemed to have given their consent 336 
for such test or evaluation. 337 
[(b) If any such person, having been placed under arrest for a 338 
violation of section 14-227a or 14-227m or subdivision (1) or (2) of 339 
subsection (a) of section 14-227n, and thereafter, after being apprised of 340 
such person's constitutional rights, having been requested to submit to 341 
a blood, breath or urine test at the option of the police officer, having 342 
been afforded a reasonable opportunity to telephone an attorney prior 343 
to the performance of such test and having been informed that such 344 
person's license or nonresident operating privilege may be suspended 345 
in accordance with the provisions of this section if such person refuses 346 
to submit to such test, or if such person submits to such test and the 347 
results of such test indicate that such person has an elevated blood 348     
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alcohol content, and that evidence of any such refusal shall be 349 
admissible in accordance with subsection (e) of section 14-227a and may 350 
be used against such person in any criminal prosecution, refuses to 351 
submit to the designated test, the test shall not be given; provided, if the 352 
person refuses or is unable to submit to a blood test, the police officer 353 
shall designate the breath or urine test as the test to be taken. The police 354 
officer shall make a notation upon the records of the police department 355 
that such officer informed the person that such person's license or 356 
nonresident operating privilege may be suspended if such person 357 
refused to submit to such test or if such person submitted to such test 358 
and the results of such test indicated that such person had an elevated 359 
blood alcohol content.] 360 
(b) (1) A police officer who has placed a person under arrest for a 361 
violation of section 14-227a, as amended by this act, 14-227m or 362 
subdivision (1) or (2) of subsection (a) of section 14-227n may request 363 
that such person submit to a blood, breath or urine test at the option of 364 
the police officer, a drug influence evaluation conducted by a drug 365 
recognition expert or both after such person has been (A) apprised of 366 
such person's constitutional rights; (B) afforded a reasonable 367 
opportunity to telephone an attorney prior to the performance of such 368 
test or evaluation; (C) informed that evidence of any refusal to submit 369 
to such test or evaluation shall be admissible in accordance with 370 
subsection (e) of section 14-227a, as amended by this act, and may be 371 
used against such person in any criminal prosecution, except that 372 
refusal to submit to the testimonial portions of a drug influence 373 
evaluation shall not be considered evidence of refusal of such evaluation 374 
for purposes of any criminal prosecution; and (D) informed that such 375 
person's license or operating privilege may be suspended in accordance 376 
with the provisions of this section if (i) such person refuses to submit to 377 
such test or the nontestimonial portion of a drug influence evaluation, 378 
(ii) such person submits to such test and the results of such test indicate 379 
that such person has an elevated blood alcohol content or elevated blood 380 
THC content, or (iii) the officer believes there is substantial evidence to 381     
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conclude that such person was operating a motor vehicle under the 382 
influence of intoxicating liquor or any drug or both.  383 
(2) If the person refuses to submit to any test or drug influence 384 
evaluation, the test or evaluation shall not be given, except if the person 385 
refuses or is unable to submit to a blood test, the police officer shall 386 
designate another test to be taken. If a person submits to a breath test 387 
and the results indicate that the person does not have an elevated blood 388 
alcohol content, the police officer may request that the person submit to 389 
a different type of test, except that if the person refuses or is unable to 390 
submit to a blood test, the officer shall designate a urine test to be taken. 391 
The police officer shall make a notation upon the records of the police 392 
department that such officer informed the person that such person's 393 
license or operating privilege may be suspended if (A) such person 394 
refused to submit to such test or nontestimonial portion of a drug 395 
influence evaluation; (B) such person submitted to such test and the 396 
results of such test indicated that such person had an elevated blood 397 
alcohol content or elevated blood THC content; or (C) the officer 398 
believes there is substantial evidence to conclude that such person was 399 
operating a motor vehicle under the influence of intoxicating liquor or 400 
any drug or both. 401 
(c) If the person arrested refuses to submit to such test or [analysis] 402 
nontestimonial portion of a drug influence evaluation or submits to such 403 
test, [or analysis,] commenced within two hours of the time of operation, 404 
and the results of such test [or analysis] indicate that such person has an 405 
elevated blood alcohol content or elevated blood THC content, the 406 
police officer, acting on behalf of the Commissioner of Motor Vehicles, 407 
shall immediately revoke and take possession of the motor vehicle 408 
operator's license or, if such person is not licensed or is a nonresident, 409 
suspend the [nonresident] operating privilege of such person, for a 410 
twenty-four-hour period. The police officer shall prepare a report of the 411 
incident and shall mail or otherwise transmit in accordance with this 412 
subsection the report and a copy of the results of any chemical test [or 413 
analysis] to the Department of Motor Vehicles within three business 414     
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days, except that failure of an officer to mail or transmit such report 415 
within three business days shall not impact a decision to suspend such 416 
person's license or operating privilege and shall not render such report 417 
inadmissible at a proceeding under this section. The report shall contain 418 
such information as prescribed by the Commissioner of Motor Vehicles 419 
and shall be subscribed and sworn to under penalty of false statement 420 
as provided in section 53a-157b by the arresting officer. If the person 421 
arrested refused to submit to such test or [analysis] evaluation, the 422 
report shall be endorsed by a third person who witnessed such refusal. 423 
The report shall set forth the grounds for the officer's belief that there 424 
was probable cause to arrest such person for a violation of section 14-425 
227a, as amended by this act, or 14-227m or subdivision (1) or (2) of 426 
subsection (a) of section 14-227n and shall state that such person had 427 
refused to submit to such test or [analysis] evaluation when requested 428 
by such police officer to do so or that such person submitted to such test 429 
or, [analysis,] commenced within two hours of the time of operation, 430 
and the results of such test or analysis indicated that such person had 431 
an elevated blood alcohol content or elevated blood THC content. The 432 
Commissioner of Motor Vehicles may accept a police report under this 433 
subsection that is prepared and transmitted as an electronic record, 434 
including electronic signature or signatures, subject to such security 435 
procedures as the commissioner may specify and in accordance with the 436 
provisions of sections 1-266 to 1-286, inclusive. In any hearing 437 
conducted pursuant to the provisions of subsection (g) of this section, it 438 
shall not be a ground for objection to the admissibility of a police report 439 
that it is an electronic record prepared by electronic means. 440 
[(d) If the person arrested submits to a blood or urine test at the 441 
request of the police officer, and the specimen requires laboratory 442 
analysis in order to obtain the test results, the police officer shall not take 443 
possession of the motor vehicle operator's license of such person or, 444 
except as provided in this subsection, follow the procedures subsequent 445 
to taking possession of the operator's license as set forth in subsection 446 
(c) of this section. If the test results indicate that such person has an 447     
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LCO No. 724   	16 of 108 
 
elevated blood alcohol content, the police officer, immediately upon 448 
receipt of the test results, shall notify the Commissioner of Motor 449 
Vehicles and submit to the commissioner the written report required 450 
pursuant to subsection (c) of this section.] 451 
(d) If a police officer who has placed a person under arrest for a 452 
violation of section 14-227a, as amended by this act, 14-227m or 453 
subdivision (1) or (2) of subsection (a) of section 14-227n does not 454 
request that such person submit to a blood, breath or urine test under 455 
subsection (b) of this section, or obtains results from a test administered 456 
under subsection (b) of this section that indicate that the person does not 457 
have an elevated blood alcohol content or elevated blood THC content, 458 
such officer shall: 459 
(1) Advise such person that such person's license or operating 460 
privilege may be suspended in accordance with the provisions of this 461 
section if such police officer believes there is substantial evidence to 462 
conclude that such person was operating a motor vehicle under the 463 
influence of intoxicating liquor or any drug or both; and  464 
(2) Submit a report to the commissioner in accordance with the 465 
procedure set forth in subsection (c) of this section and, if such report 466 
contains the results of a blood, breath or urine test that does not show 467 
an elevated blood alcohol content or elevated blood THC content, such 468 
report shall conform to the requirements in subsection (c) of this section 469 
for reports that contain results showing an elevated blood alcohol 470 
content or elevated blood THC content. In any report submitted under 471 
this subdivision, the officer shall document (A) the basis for the officer's 472 
belief that there was probable cause to arrest such person for a violation 473 
of section 14-227a, as amended by this act, or 14-227m or subdivision (1) 474 
or (2) of subsection (a) of section 14-227n, and (B) whether the officer 475 
believes that there is substantial evidence to conclude that the person 476 
was operating a motor vehicle under the influence of intoxicating liquor 477 
or any drug or both. With such report, the officer may submit other 478 
supporting documentation indicating the person's intoxication by 479     
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liquor or any drug or both. If the officer believes there is substantial 480 
evidence to conclude that the person was operating a motor vehicle 481 
under the influence of intoxicating liquor or any drug or both, the officer 482 
shall immediately revoke and take possession of the motor vehicle 483 
operator's license or, if such person is not licensed or is a nonresident, 484 
suspend the operating privilege of such person, for a twenty-four-hour 485 
period.  486 
(e) (1) Except as provided in subdivision (2) of this subsection, upon 487 
receipt of [such] a report submitted under subsection (c) or (d) of this 488 
section, the [Commissioner of Motor Vehicles] commissioner may 489 
suspend any operator's license or [nonresident] operating privilege of 490 
such person effective as of a date certain, which date certain shall be not 491 
later than thirty days [after] from the later of the date such person 492 
received (A) notice of such person's arrest by the police officer, or (B) the 493 
results of a blood or urine test or a drug influence evaluation. Any 494 
person whose operator's license or [nonresident] operating privilege has 495 
been suspended in accordance with this subdivision shall automatically 496 
be entitled to a hearing before the commissioner to be held in accordance 497 
with the provisions of chapter 54 and prior to the effective date of the 498 
suspension. The commissioner shall send a suspension notice to such 499 
person informing such person that such person's operator's license or 500 
[nonresident] operating privilege is suspended as of a date certain and 501 
that such person is entitled to a hearing prior to the effective date of the 502 
suspension and may schedule such hearing by contacting the 503 
Department of Motor Vehicles not later than seven days after the date 504 
of mailing of such suspension notice. 505 
(2) [If the person arrested (A) is] Upon receipt of a report that (A) the 506 
person's arrest involved [in] an accident resulting in a fatality, or (B) the 507 
person has previously had such person's operator's license or 508 
[nonresident] operating privilege suspended under the provisions of 509 
section 14-227a, as amended by this act, 14-227m or 14-227n, as amended 510 
by this act, during the ten-year period preceding the present arrest, 511 
[upon receipt of such report, the Commissioner of Motor Vehicles] the 512     
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commissioner may suspend any operator's license or [nonresident] 513 
operating privilege of such person effective as of the date specified in a 514 
notice of such suspension to such person. [Any] A person whose 515 
operator's license or [nonresident] operating privilege has been 516 
suspended in accordance with this subdivision shall automatically be 517 
entitled to a hearing before the commissioner, to be held in accordance 518 
with the provisions of chapter 54. The commissioner shall send a 519 
suspension notice to such person informing such person that such 520 
person's operator's license or [nonresident] operating privilege is 521 
suspended as of the date specified in such suspension notice, and that 522 
such person is entitled to a hearing and may schedule such hearing by 523 
contacting the Department of Motor Vehicles not later than seven days 524 
after the date of mailing of such suspension notice. Any suspension 525 
issued under this subdivision shall remain in effect until such 526 
suspension is affirmed under subsection (f) of this section or such 527 
operator's license or [nonresident] operating privilege is reinstated in 528 
accordance with [subsections (f) and] subsection (h) of this section. 529 
(f) If such person does not contact the department to schedule a 530 
hearing, the commissioner shall affirm the suspension contained in the 531 
suspension notice for the appropriate period specified in subsection (i) 532 
of this section. 533 
(g) (1) If such person contacts the department to schedule a hearing, 534 
the department shall assign a date, time and place for the hearing, which 535 
date shall be prior to the effective date of the suspension, except that, 536 
with respect to a person whose operator's license or [nonresident] 537 
operating privilege is suspended in accordance with subdivision (2) of 538 
subsection (e) of this section, such hearing shall be scheduled not later 539 
than thirty days after such person contacts the department. At the 540 
request of such person, the hearing officer or the department and upon 541 
a showing of good cause, the commissioner may grant one or more 542 
continuances. [The hearing] 543 
(2) A hearing based on a report submitted under subsection (c) of this 544     
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section shall be limited to a determination of the following issues: [(1)] 545 
(A) Did the police officer have probable cause to arrest the person for 546 
operating a motor vehicle while under the influence of intoxicating 547 
liquor or any drug or both; [(2)] (B) was such person placed under arrest; 548 
[(3)] (C) did such person (i) refuse to submit to such test or [analysis or 549 
did such person] nontestimonial portion of a drug influence evaluation, 550 
or (ii) submit to such test, [or analysis,] commenced within two hours of 551 
the time of operation, and the results of such test [or analysis] indicated 552 
that such person had an elevated blood alcohol content or elevated 553 
blood THC content; and [(4)] (D) was such person operating the motor 554 
vehicle. 555 
(3) A hearing based on a report submitted under subsection (d) of this 556 
section shall be limited to a determination of the following issues: (A) 557 
Did the police officer have probable cause to arrest the person for 558 
operating a motor vehicle while under the influence of intoxicating 559 
liquor or any drug or both; (B) was the person placed under arrest; (C) 560 
is there substantial evidence to conclude that the person was operating 561 
a motor vehicle under the influence of intoxicating liquor or any drug 562 
or both; and (D) was the person operating the motor vehicle.  563 
(4) In [the] a hearing under this subsection, the results of the test, [or 564 
analysis] if administered, shall be sufficient to indicate the ratio of 565 
alcohol in the blood of such person at the time of operation, provided 566 
such test was commenced within two hours of the time of operation. 567 
The fees of any witness summoned to appear at [the] a hearing under 568 
this subsection shall be the same as provided by the general statutes for 569 
witnesses in criminal cases. Notwithstanding the provisions of 570 
subsection (a) of section 52-143, any subpoena summoning a police 571 
officer as a witness shall be served not less than seventy-two hours prior 572 
to the designated time of the hearing. 573 
(5) In a hearing based on a report submitted under subsection (d) of 574 
this section, evidence of operation under the influence of intoxicating 575 
liquor or any drug or both shall be admissible. Such evidence may 576     
Governor's Bill No.  16 
 
 
 
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include, but need not be limited to, (A) the police officer's observations 577 
of intoxication, as documented in a report submitted to the 578 
commissioner under subsection (d) of this section; (B) the results of any 579 
chemical test administered under this section or a toxicology report 580 
certified by the Division of Scientific Services; (C) hospital or medical 581 
records obtained in accordance with subsection (j) of this section or by 582 
the consent of the operator; (D) the results of any tests conducted by, or 583 
the report of, an officer trained in advanced roadside impaired driving 584 
enforcement; or (E) reports of drug recognition experts.  585 
(h) If, after [such] a hearing under subdivision (2) of subsection (g) of 586 
this section, the commissioner finds in the negative on any one of the 587 
[said] issues [in the negative] in subparagraph (A), (B), (C) or (D) of said 588 
subdivision, the commissioner shall reinstate such license or operating 589 
privilege. If, after a hearing under subdivision (3) of subsection (g) of 590 
this section, the commissioner finds in the negative on any one of the 591 
issues in subparagraph (A), (B), (C) or (D) of said subdivision, the 592 
commissioner shall reinstate such license or operating privilege. If, after 593 
such hearing under subdivision (2) or (3) of subsection (g) of this section, 594 
the commissioner does not find on any one of [the] said issues in the 595 
negative or if such person fails to appear at such hearing, the 596 
commissioner shall affirm the suspension contained in the suspension 597 
notice for the appropriate period specified in subsection (i) of this 598 
section. The commissioner shall render a decision at the conclusion of 599 
such hearing and send a notice of the decision by bulk certified mail to 600 
such person. The notice of such decision sent by bulk certified mail to 601 
the address of such person as shown by the records of the commissioner 602 
shall be sufficient notice to such person that such person's operator's 603 
license or [nonresident] operating privilege is reinstated or suspended, 604 
as the case may be. 605 
(i) (1) The commissioner shall suspend the operator's license or 606 
[nonresident] operating privilege of a person who did not contact the 607 
department to schedule a hearing, who failed to appear at a hearing, or 608 
against whom a decision was issued, after a hearing, pursuant to 609     
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LCO No. 724   	21 of 108 
 
subsection (h) of this section, as of the effective date contained in the 610 
suspension notice, for a period of forty-five days. As a condition for the 611 
restoration of such operator's license or [nonresident] operating 612 
privilege, such person shall be required to install an ignition interlock 613 
device on each motor vehicle owned or operated by such person and, 614 
upon such restoration, be prohibited from operating a motor vehicle 615 
unless such motor vehicle is equipped with a functioning, approved 616 
ignition interlock device, as defined in section 14-227j, for the longer of 617 
either (A) the period prescribed in subdivision (2) of this subsection for 618 
the present arrest and suspension, or (B) the period prescribed in 619 
subdivision (1), (2) or (3) of subsection (g) of section 14-227a or 620 
subdivision (1), (2) or (3) of subsection (c) of section 14-227m or 621 
subdivision (1) or (2) of subsection (c) of section 14-227n for the present 622 
arrest and conviction, if any. 623 
(2) (A) A person twenty-one years of age or older at the time of the 624 
arrest who submitted to a test [or analysis] and the results of such test 625 
[or analysis] indicated that such person had an elevated blood alcohol 626 
content, or was found to have been operating a motor vehicle under the 627 
influence of intoxicating liquor or any drug or both based on a report 628 
filed pursuant to subsection (d) of this section, shall install and maintain 629 
an ignition interlock device for the following periods: (i) For a first 630 
suspension under this section, six months; (ii) for a second suspension 631 
under this section, one year; and (iii) for a third or subsequent 632 
suspension under this section, two years; (B) a person under twenty-one 633 
years of age at the time of the arrest who submitted to a test [or analysis] 634 
and the results of such test [or analysis] indicated that such person had 635 
an elevated blood alcohol content or elevated blood THC content, or 636 
was found to have been operating a motor vehicle under the influence 637 
of intoxicating liquor or any drug or both based on a report filed 638 
pursuant to subsection (d) of this section, shall install and maintain an 639 
ignition interlock device for the following periods: (i) For a first 640 
suspension under this section, one year; (ii) for a second suspension 641 
under this section, two years; and (iii) for a third or subsequent 642     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	22 of 108 
 
suspension under this section, three years; and (C) a person, regardless 643 
of age, who refused to submit to a test or [analysis] nontestimonial 644 
portion of a drug influence evaluation shall install and maintain an 645 
ignition interlock device for the following periods: (i) For a first 646 
suspension under this section, one year; (ii) for a second suspension 647 
under this section, two years; and (iii) for a third or subsequent 648 
suspension, under this section, three years. 649 
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this 650 
subsection, a person whose motor vehicle operator's license or 651 
[nonresident] operating privilege has been permanently revoked upon 652 
a third offense pursuant to subsection (g) of section 14-227a, as amended 653 
by this act, or subsection (c) of section 14-227m shall be subject to the 654 
penalties prescribed in subdivision (2) of subsection (i) of section 14-111. 655 
(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 656 
of this section, any police officer who obtains the results of a chemical 657 
analysis of a blood sample taken from or a urine sample provided by an 658 
operator of a motor vehicle who was involved in an accident and 659 
suffered or allegedly suffered physical injury in such accident, or who 660 
was otherwise deemed by a police officer to require treatment or 661 
observation at a hospital, shall notify the [Commissioner of Motor 662 
Vehicles] commissioner and submit to the commissioner a written 663 
report if such results indicate that such person had an elevated blood 664 
alcohol content or elevated blood THC content, or any quantity of an 665 
intoxicating liquor or any drug or both in such person's blood, and if 666 
such person was arrested for violation of section 14-227a, as amended 667 
by this act, or 14-227m or subdivision (1) or (2) of subsection (a) of 668 
section 14-227n. The report shall be made on a form approved by the 669 
commissioner containing such information as the commissioner 670 
prescribes, and shall be subscribed and sworn to under penalty of false 671 
statement, as provided in section 53a-157b, by the police officer. The 672 
commissioner may, after notice and an opportunity for hearing, which 673 
shall be conducted by a hearing officer on behalf of the commissioner in 674 
accordance with chapter 54, suspend the motor vehicle operator's 675     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	23 of 108 
 
license or [nonresident] operating privilege of such person for the 676 
appropriate period of time specified in subsection (i) of this section and 677 
require such person to install and maintain an ignition interlock device 678 
for the appropriate period of time prescribed in subsection (i) of this 679 
section. Each hearing conducted under this subsection shall be limited 680 
to a determination of the following issues: (1) Whether the police officer 681 
had probable cause to arrest the person for operating a motor vehicle 682 
while under the influence of intoxicating liquor or drug or both; (2) 683 
whether such person was placed under arrest; (3) whether such person 684 
was operating the motor vehicle; (4) whether the results of the analysis 685 
of the blood or urine of such person indicate that such person had an 686 
elevated blood alcohol content or elevated blood THC content, or there 687 
is substantial evidence to conclude that the person was operating a 688 
motor vehicle under the influence of intoxicating liquor or any drug or 689 
both; and (5) in the event that a blood sample was taken, whether the 690 
blood sample was obtained in accordance with conditions for 691 
admissibility and competence as evidence as set forth in subsection (k) 692 
of section 14-227a. If, after such hearing, the commissioner finds on any 693 
one of the said issues in the negative, the commissioner shall not impose 694 
a suspension. The fees of any witness summoned to appear at the 695 
hearing shall be the same as provided by the general statutes for 696 
witnesses in criminal cases, as provided in section 52-260. 697 
(k) The provisions of this section shall apply with the same effect to 698 
the refusal by any person to submit to an additional chemical test as 699 
provided in subparagraph (E) of subdivision [(5)] (1) of subsection (b) 700 
of section 14-227a, as amended by this act. 701 
(l) The provisions of this section shall not apply to any person whose 702 
physical condition is such that, according to competent medical advice, 703 
such test would be inadvisable. 704 
(m) The state shall pay the reasonable charges of any physician who, 705 
at the request of a municipal police department, takes a blood sample 706 
for purposes of a test under the provisions of this section. 707     
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LCO No. 724   	24 of 108 
 
(n) For the purposes of this section, "elevated blood alcohol content" 708 
means (1) (A) a ratio of alcohol in the blood of such person that is eight-709 
hundredths of one per cent or more of alcohol, by weight, or (B) a ratio 710 
of alcohol in the blood of such person that is between five-hundredths 711 
and eight-hundredths of one per cent of alcohol, by weight, if such 712 
person also tests positive for any quantity of a drug, (2) if such person is 713 
operating a commercial motor vehicle, a ratio of alcohol in the blood of 714 
such person that is four-hundredths of one per cent or more of alcohol, 715 
by weight, or (3) if such person is less than twenty-one years of age, a 716 
ratio of alcohol in the blood of such person that is two-hundredths of 717 
one per cent or more of alcohol, by weight; and "elevated blood THC 718 
content" means, if such person is less than twenty-one years of age, one-719 
half nanogram or more of THC, as defined in section 1 of this act, in the 720 
blood of such person, unless such person provides evidence that such 721 
person is a qualifying patient with a valid registration certificate from 722 
the Department of Consumer Protection pursuant to chapter 420f. 723 
(o) The Commissioner of Motor Vehicles shall adopt regulations, in 724 
accordance with chapter 54, to implement the provisions of this section.  725 
(p) For purposes of this section and section 14-227a, as amended by 726 
this act, (1) "advanced roadside impaired driving enforcement" means a 727 
program developed by the National Highway Traffic Safety 728 
Administration with the International Association of Chiefs of Police 729 
and the Technical Advisory Panel, which focuses on impaired driving; 730 
(2) "drug influence evaluation" means a twelve-part evaluation 731 
developed by the National Highway Traffic Safety Administration and 732 
the International Association of Chiefs of Police that is conducted by a 733 
drug recognition expert to determine the level of a person's impairment 734 
from the use of drugs and the type of drug or drugs causing such 735 
impairment; (3) "drug recognition expert" means a person certified by 736 
the International Association of Chiefs of Police as having met all 737 
requirements of the International Drug Evaluation and Classification 738 
Program; and (4) "nontestimonial portion of a drug influence 739 
evaluation" means a drug influence evaluation conducted by a drug 740     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	25 of 108 
 
recognition expert that does not include a verbal interview with the 741 
subject. 742 
Sec. 12. Section 14-227c of the general statutes is repealed and the 743 
following is substituted in lieu thereof (Effective April 1, 2022): 744 
(a) As part of the investigation of any motor vehicle accident resulting 745 
in the death of a person, the Chief Medical Examiner, Deputy Chief 746 
Medical Examiner, an associate medical examiner, a pathologist as 747 
specified in section 19a-405, or an authorized assistant medical 748 
examiner, as the case may be, shall order that a blood sample be taken 749 
from the body of any operator or pedestrian who dies as a result of such 750 
accident. Such blood samples shall be examined for the presence and 751 
concentration of alcohol and any drug by the Division of Scientific 752 
Services within the Department of Emergency Services and Public 753 
Protection or by the Office of the Chief Medical Examiner. Nothing in 754 
this subsection or section 19a-406 shall be construed as requiring such 755 
medical examiner to perform an autopsy in connection with obtaining 756 
such blood samples. 757 
(b) A blood, [or] breath or urine sample shall be obtained from any 758 
surviving operator whose motor vehicle is involved in an accident 759 
resulting in the serious physical injury, as defined in section 53a-3, or 760 
death of another person, if (1) a police officer has probable cause to 761 
believe that such operator operated such motor vehicle while under the 762 
influence of intoxicating liquor or any drug, or both, or (2) such operator 763 
has been charged with a motor vehicle violation in connection with such 764 
accident and a police officer has a reasonable and articulable suspicion 765 
that such operator operated such motor vehicle while under the 766 
influence of intoxicating liquor or any drug, or both. The test shall be 767 
performed by or at the direction of a police officer according to methods 768 
and with equipment approved by the Department of Emergency 769 
Services and Public Protection and shall be performed by a person 770 
certified or recertified for such purpose by said department or 771 
recertified by persons certified as instructors by the Commissioner of 772     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	26 of 108 
 
Emergency Services and Public Protection. The equipment used for such 773 
test shall be checked for accuracy by a person certified by the 774 
Department of Emergency Services and Public Protection immediately 775 
before and after such test is performed. If a blood test is performed, it 776 
shall be on a blood sample taken by a person licensed to practice 777 
medicine and surgery in this state, a qualified laboratory technician, a 778 
registered nurse, a physician assistant or a phlebotomist. [The blood 779 
samples] A blood sample obtained from an operator pursuant to this 780 
subsection shall be examined for the presence and concentration of 781 
alcohol and any drug by the Division of Scientific Services within the 782 
Department of Emergency Services and Public Protection.  783 
(c) Each police officer who obtains from a surviving operator any 784 
blood, breath or urine sample pursuant to subsection (b) of this section 785 
shall submit to the Commissioner of Motor Vehicles a written report 786 
providing the results of such sample on a form approved by the 787 
commissioner. The commissioner may, after notice and an opportunity 788 
for a hearing held in accordance with chapter 54 and section 14-227b, as 789 
amended by this act, suspend the motor vehicle operator's license or 790 
operating privilege of such person and require such person to install and 791 
maintain an ignition interlock device as provided for in subsection (i) of 792 
section 14-227b, as amended by this act. Such hearing shall be limited to 793 
a determination of the following issues: (1) Was the person operating 794 
the motor vehicle; (2) was the person's sample obtained in accordance 795 
with the provisions of subsection (b) of this section; and (3) was the 796 
examined sample found to have an elevated blood alcohol content, as 797 
defined in section 14-227b, as amended by this act, or elevated blood 798 
THC content, as defined in section 14-227b, as amended by this act, or 799 
was there substantial evidence that the person was operating the motor 800 
vehicle under the influence of intoxicating liquor or any drug or both. 801 
Sec. 13. Subsection (c) of section 14-44k of the general statutes is 802 
repealed and the following is substituted in lieu thereof (Effective April 803 
1, 2022): 804     
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LCO No. 724   	27 of 108 
 
(c) In addition to any other penalties provided by law, and except as 805 
provided in subsection (d) of this section, a person is disqualified from 806 
operating a commercial motor vehicle for one year if the commissioner 807 
finds that such person has refused to submit to a test to determine such 808 
person's blood alcohol concentration while operating any motor vehicle, 809 
[or has failed such a test when given,] has an elevated blood alcohol 810 
content or elevated blood THC content based on such a test pursuant to 811 
section 14-227b, as amended by this act, or was found to have been 812 
operating under the influence of intoxicating liquor or any drug or both 813 
based on a report filed pursuant to the provisions of subsection (d) of 814 
section 14-227b, as amended by this act, or pursuant to the provisions of 815 
a law of any other state that is deemed by the commissioner to be 816 
substantially similar to section 14-227b, as amended by this act. For the 817 
purpose of this subsection, [a person shall be deemed to have failed such 818 
a test if, when driving a commercial motor vehicle, the ratio of alcohol 819 
in the blood of such person was four-hundredths of one per cent or more 820 
of alcohol, by weight, or if, when driving any other motor vehicle, the 821 
ratio of alcohol in the blood of such person was eight-hundredths of one 822 
per cent or more of alcohol, by weight] "elevated blood alcohol content" 823 
and "elevated blood THC content" have the same meanings as provided 824 
in section 14-227b, as amended by this act.  825 
Sec. 14. Subdivision (3) of subsection (a) of section 14-227n of the 826 
general statutes is repealed and the following is substituted in lieu 827 
thereof (Effective April 1, 2022): 828 
(3) For the purposes of this section, "motor vehicle specially 829 
designated for carrying children" means any motor vehicle, except for a 830 
registered school bus or student transportation vehicle as defined in 831 
section 14-212, that is designated or used by a person, firm or 832 
corporation for the transportation of children to or from any program or 833 
activity organized primarily for persons under the age of eighteen years, 834 
with or without charge to the individual being transported, but does not 835 
include a passenger motor vehicle normally used for personal, family or 836 
household purposes that is operated by a person without a public 837     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	28 of 108 
 
passenger endorsement; and "elevated blood alcohol content" means a 838 
ratio of alcohol in the blood of such person that is eight-hundredths of 839 
one per cent or more of alcohol, by weight, except that if such person is 840 
operating a commercial motor vehicle, "elevated blood alcohol content" 841 
[means a ratio of alcohol in the blood of such person that is four-842 
hundredths of one per cent or more of alcohol, by weight, and if such 843 
person is under twenty-one years of age, "elevated blood alcohol 844 
content" means a ratio of alcohol in the blood of such person that is two-845 
hundredths of one per cent or more of alcohol, by weight] has the same 846 
meaning as provided in section 14-227b, as amended by this act. 847 
Sec. 15. (NEW) (Effective April 1, 2022) The state traffic safety resource 848 
prosecutor, in consultation with the Department of Transportation, the 849 
Department of Motor Vehicles, the state-wide drug recognition expert 850 
coordinator, the National Highway Traffic Safety Administration and 851 
the Connecticut Police Chiefs Association, shall (1) develop educational 852 
materials and programs about the drug recognition expert program and 853 
drug influence evaluations, and (2) make such materials and programs 854 
available to the Judicial Branch and the Connecticut Judges Association. 855 
Sec. 16. Section 15-140q of the general statutes is repealed and the 856 
following is substituted in lieu thereof (Effective April 1, 2022): 857 
(a) Any person who operates a vessel in this state shall be deemed to 858 
have consented to (1) a chemical [analysis] test of such person's blood, 859 
breath or urine, [and if] and (2) a nontestimonial drug influence 860 
evaluation conducted by a drug recognition expert. If such person is a 861 
minor, such person's parent or parents or guardian shall also be deemed 862 
to have given their consent for such [an analysis of the minor's blood, 863 
breath or urine] test or evaluation.  864 
[(b) If any such person, having been placed under arrest for: (1) 865 
Violating subsection (b) of section 53-206d; (2) operating a vessel upon 866 
the waters of this state while under the influence of intoxicating liquor 867 
or any drug, or both; (3) operating a vessel upon the waters of this state 868     
Governor's Bill No.  16 
 
 
 
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while such person has an elevated blood alcohol content, and thereafter, 869 
after being apprised of such person's constitutional rights, having been 870 
requested to submit to a blood, breath or urine test at the option of the 871 
police officer, having been afforded a reasonable opportunity to 872 
telephone an attorney prior to the performance of such test and having 873 
been informed that such person's safe boating certificate, right to 874 
operate a vessel that requires a safe boating certificate for operation or 875 
certificate of personal watercraft operation issued by the commissioner 876 
as a condition of operating a vessel shall be suspended in accordance 877 
with the provisions of this section if such person refuses to submit to 878 
such test or if such person submits to such test and the results of such 879 
test indicate that such person has an elevated blood alcohol content and 880 
that evidence of any such refusal shall be admissible in accordance with 881 
subsection (d) of section 15-140r, and may be used against such person 882 
in any criminal prosecution, refuses to submit to the designated test, the 883 
test shall not be given; provided, if such person refuses or is unable to 884 
submit to a blood test, the peace officer shall designate the breath or 885 
urine test as the test to be taken. The peace officer shall make a notation 886 
upon the records of the police department that such officer informed 887 
such person that such person's safe boating certificate, right to operate 888 
a vessel that requires a safe boating certificate for operation or certificate 889 
of personal watercraft operation would be suspended if such person 890 
refused to submit to such test or if such person submitted to such test 891 
and the results of such test indicated that such person has an elevated 892 
blood alcohol content.] 893 
(b) (1) A police officer who has placed a person under arrest for 894 
violating subsection (b) of section 53-206d; operating a vessel upon the 895 
waters of this state while under the influence of intoxicating liquor or 896 
any drug, or both; or operating a vessel upon the waters of this state 897 
while such person has an elevated blood alcohol content, may request 898 
that such person submit to a blood, breath or urine test at the option of 899 
the police officer, a drug influence evaluation conducted by a drug 900 
recognition expert or both, after such person has been (A) apprised of 901     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	30 of 108 
 
such person's constitutional rights, (B) afforded a reasonable 902 
opportunity to telephone an attorney prior to the performance of such 903 
test or evaluation, (C) informed that evidence of any refusal to submit 904 
to such test or evaluation shall be admissible in accordance with 905 
subsection (d) of section 15-140r, as amended by this act, and may be 906 
used against such person in any criminal prosecution, except that 907 
refusal to submit to the testimonial portions of a drug influence 908 
evaluation shall not be considered evidence of refusal of such evaluation 909 
for purposes of any criminal prosecution, and (D) informed that such 910 
person's safe boating certificate, right to operate a vessel that requires a 911 
safe boating certificate for operation or certificate of personal watercraft 912 
operation issued by the commissioner as a condition of operating a 913 
vessel may be suspended in accordance with the provisions of this 914 
section if (i) such person refuses to submit to such test or nontestimonial 915 
portion of a drug influence evaluation, (ii) such person submits to such 916 
test and the results of such test indicate that such person has an elevated 917 
blood alcohol content or elevated blood THC content, or (iii) the officer 918 
believes there is substantial evidence to conclude that such person was 919 
operating a vessel under the influence of intoxicating liquor or any drug 920 
or both. 921 
(2) If the person refuses to submit to any test or drug evaluation, the 922 
test or evaluation shall not be given, except that if the person refuses or 923 
is unable to submit to a blood test, the police officer shall designate 924 
another test to be taken. If a person submits to a breath test and the 925 
results indicate that the person does not have an elevated blood alcohol 926 
content, the police officer may request that the person submit to a 927 
different type of test, except that if the person refuses or is unable to 928 
submit to a blood test, the police officer shall designate a urine test to be 929 
taken. The police officer shall make a notation upon the records of the 930 
police department that such officer informed the person that such 931 
person's safe boating certificate, right to operate a vessel that requires a 932 
safe boating certificate for operation or certificate of personal watercraft 933 
operation may be suspended if such person (A) refused to submit to 934     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	31 of 108 
 
such test or the nontestimonial portions of a drug influence evaluation; 935 
(B) submitted to such test and the results of such test indicated that such 936 
person had an elevated blood alcohol content or elevated blood THC 937 
content; or (C) the officer believes there is substantial evidence to 938 
conclude that such person was operating a vessel under the influence of 939 
intoxicating liquor or any drug or both. 940 
(c) (1) If the person arrested refuses to submit to such test or [analysis] 941 
nontestimonial portion of a drug influence evaluation, or submits to 942 
such test [or analysis] and the results of such test [or analysis] indicate 943 
that at the time of the alleged offense such person had an elevated blood 944 
alcohol content or elevated blood THC content, the peace officer shall 945 
immediately revoke the safe boating certificate, right to operate a vessel 946 
that requires a safe boating certificate for operation or certificate of 947 
personal watercraft operation, if any, of such person for a twenty-four-948 
hour period. The peace officer shall prepare a written report of the 949 
incident and shall mail the report, together with any certificate taken 950 
into possession and a copy of the results of any chemical test or analysis, 951 
to the commissioner within three business days, except that failure of an 952 
officer to mail or transmit such report within three business days shall 953 
not impact a decision to suspend a safe boating certificate, right to 954 
operate a vessel that requires a safe boating certificate for operation or 955 
certificate of personal watercraft operation issued by the commissioner 956 
as a condition of operating a vessel and shall not render such report 957 
inadmissible at a proceeding under this section. The report shall be 958 
made on a form approved by the commissioner and shall be subscribed 959 
and sworn to under penalty of false statement as provided in section 960 
53a-157b by the peace officer before whom such refusal was made or 961 
who administered or caused to be administered such test or analysis. If 962 
the person arrested refused to submit to such test or [analysis] 963 
evaluation, the report shall be endorsed by a third person who 964 
witnessed such refusal. The report shall set forth the grounds for the 965 
officer's belief that there was probable cause to arrest such person for 966 
operating such vessel while under the influence of intoxicating liquor or 967     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	32 of 108 
 
any drug, or both, or while such person has an elevated blood alcohol 968 
content and shall state that such person refused to submit to such test or 969 
[analysis] evaluation when requested by such peace officer or that such 970 
person submitted to such test [or analysis] and the results of such test 971 
[or analysis] indicated that such person at the time of the alleged offense 972 
had an elevated blood alcohol content or elevated blood THC content. 973 
[(d) If the person arrested submits to a blood or urine test at the 974 
request of the peace officer, and the specimen requires laboratory 975 
analysis in order to obtain the test results, and if the test results indicate 976 
that such person has an elevated blood alcohol content, the peace officer, 977 
immediately upon receipt of the test results, shall notify and submit to 978 
the commissioner the written report required pursuant to subsection (c) 979 
of this section.] 980 
(d) If a police officer who has placed a person under arrest for 981 
violating subsection (b) of section 53-206d; operating a vessel upon the 982 
waters of this state while under the influence of intoxicating liquor or 983 
any drug, or both; or operating a vessel upon the waters of this state 984 
while such person has an elevated blood alcohol content does not 985 
request that such person submit to a blood, breath or urine test under 986 
subsection (b) of this section, or obtains test results from a test 987 
administered under subsection (b) of this section that indicate that the 988 
person does not have an elevated blood alcohol content or elevated 989 
blood THC content, such officer shall: 990 
(1) Advise such person that such person's safe boating certificate, 991 
right to operate a vessel that requires a safe boating certificate for 992 
operation or certificate of personal watercraft operation issued by the 993 
commissioner as a condition of operating a vessel may be suspended in 994 
accordance with the provisions of this section if such police officer 995 
believes there is substantial evidence to conclude that such person was 996 
operating a vessel under the influence of intoxicating liquor or any drug, 997 
or both; and 998     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	33 of 108 
 
(2) Submit a report to the commissioner in accordance with the 999 
procedure set forth in subsection (c) of this section and, if such report 1000 
contains the results of a blood, breath or urine test that does not show 1001 
an elevated blood alcohol content or elevated THC content, such report 1002 
shall conform to the requirements in subsection (c) of this section for 1003 
reports that contain results showing an elevated blood alcohol content 1004 
or elevated blood THC content. In any report submitted under this 1005 
subdivision, the officer shall document (A) the basis for the officer's 1006 
belief that there was probable cause to arrest such person for a violation 1007 
of subsection (b) of section 53-206d; operating a vessel upon the waters 1008 
of this state while under the influence of intoxicating liquor or any drug, 1009 
or both; or operating a vessel upon the waters of this state while such 1010 
person has an elevated blood alcohol content, and (B) whether the 1011 
officer believes that there is substantial evidence to conclude that the 1012 
person was operating a vessel under the influence of intoxicating liquor 1013 
or any drug, or both. With such report, the officer may submit other 1014 
supporting documentation indicating the person's intoxication by 1015 
liquor or any drug, or both. If the officer believes there is substantial 1016 
evidence to conclude that the person was operating a vessel under the 1017 
influence of intoxicating liquor or any drug or both, the officer shall 1018 
immediately revoke and take possession of the person's safe boating 1019 
certificate, right to operate a vessel that requires a safe boating certificate 1020 
for operation or certificate of personal watercraft operation issued by 1021 
the commissioner as a condition of operating a vessel, for a twenty-four-1022 
hour period.  1023 
(e) Upon receipt of [such] a report submitted under subsection (c) or 1024 
(d), the commissioner shall suspend the safe boating certificate, right to 1025 
operate a vessel that requires a safe boating certificate for operation or 1026 
certificate of personal watercraft operation of such person effective as of 1027 
a date certain, such date certain shall be no later than thirty-five days 1028 
[after] from the later of the date such person received (A) notice of such 1029 
person's arrest by the peace officer, or (B) the results of a blood or urine 1030 
test or a drug influence evaluation. Any person whose safe boating 1031     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	34 of 108 
 
certificate, right to operate a vessel that requires a safe boating certificate 1032 
for operation or certificate of personal watercraft operation is suspended 1033 
in accordance with this subsection shall be entitled to a hearing before 1034 
the commissioner to be held prior to the effective date of the suspension. 1035 
The commissioner shall send a suspension notice to such person 1036 
informing such person that such person's safe boating certificate, right 1037 
to operate a vessel that requires a safe boating certificate for operation 1038 
or certificate of personal watercraft operation is suspended and shall 1039 
specify the date of such suspension and that such person is entitled to a 1040 
hearing prior to the effective date of the suspension and may schedule 1041 
such hearing by contacting the commissioner not later than seven days 1042 
after the date of mailing of such suspension notice. 1043 
(f) If such person does not contact the department to schedule a 1044 
hearing, the commissioner shall affirm the suspension contained in the 1045 
suspension notice for the appropriate period specified in subsection (i) 1046 
of this section. 1047 
(g) (1) If such person contacts the department to schedule a hearing, 1048 
the commissioner shall assign a date, time and place for the hearing, 1049 
which date shall be prior to the effective date of the suspension. At the 1050 
request of such person and upon a showing of good cause, the 1051 
commissioner may grant one continuance for a period not to exceed 1052 
thirty days. [The hearing]  1053 
(2) A hearing based on a report submitted under subsection (c) of this 1054 
section shall be limited to a determination of the following issues: [(1)] 1055 
(A) Whether the peace officer had probable cause to arrest the person 1056 
for operating the vessel while under the influence of intoxicating liquor 1057 
or drugs, or both, or while such person has an elevated blood alcohol 1058 
content; [(2)] (B) whether such person was placed under arrest; [(3)] (C) 1059 
whether such person [(A)] (i) refused to submit to such test or [analysis] 1060 
nontestimonial portion of drug influence evaluation, or [(B)] (ii) 1061 
submitted to such test [or analysis] and the results of such test [or 1062 
analysis] indicated that at the time of the alleged offense that such 1063     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	35 of 108 
 
person had an elevated blood alcohol content or elevated blood THC 1064 
content; and [(4)] (D) whether such person was operating the vessel.  1065 
(3) A hearing based on a report submitted under subsection (d) of this 1066 
section shall be limited to a determination of the following issues: (A) 1067 
Whether the peace officer had probable cause to arrest the person for 1068 
operating a vessel while under the influence of intoxicating liquor or 1069 
drugs, or both, or while such person has an elevated blood alcohol 1070 
content; (B) whether such person was placed under arrest; (C) whether 1071 
there is substantial evidence to conclude that the person was operating 1072 
a vessel under the influence of intoxicating liquor or any drug, or both; 1073 
and (D) whether such person was operating the vessel. 1074 
(4) At [the] a hearing held under this subsection, the results of the 1075 
test, [or analysis] if administered, shall be sufficient to indicate the ratio 1076 
of alcohol in the blood of such person at the time of operation, except 1077 
that if the results of an additional test, administered pursuant to section 1078 
15-140r, as amended by this act, indicate that the ratio of alcohol in the 1079 
blood of such person is eight-hundredths of one per cent or less of 1080 
alcohol, by weight, and is higher than the results of the first test, 1081 
evidence shall be presented that demonstrates that the test results and 1082 
analysis thereof accurately indicate the blood alcohol content at the time 1083 
of operation. The fees of any witness summoned to appear at [the] a 1084 
hearing under this subsection shall be the same as provided in section 1085 
52-260. 1086 
(5) In a hearing based on a report submitted under subsection (d) of 1087 
this section, evidence of operation under the influence of intoxicating 1088 
liquor or any drug, or both shall be admissible. Such evidence may 1089 
include, but need not be limited to, (A) the police officer's observations 1090 
of intoxication, as documented in a report submitted to the 1091 
commissioner under subsection (d) of this section; (B) the results of any 1092 
chemical test administered under this section or a toxicology report 1093 
certified by the Division of Scientific Services; (C) hospital or medical 1094 
records obtained in accordance with subsection (j) of this section or by 1095     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	36 of 108 
 
the consent of the operator; or (D) reports of drug recognition experts.  1096 
(h) If, after [such] a hearing under subdivision (2) of subsection (g) of 1097 
this section, the commissioner finds in the negative on any one of [said] 1098 
the issues in [the negative] subparagraph (A), (B), (C) or (D) of said 1099 
subdivision, the commissioner shall stay the safe boating certificate, 1100 
right to operate a vessel that requires a safe boating certificate for 1101 
operation or certificate of personal watercraft operation suspension. If, 1102 
after a hearing under subdivision (3) of subsection (g) of this section, the 1103 
commissioner finds in the negative on any one of the issues in 1104 
subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner 1105 
shall stay the safe boating certificate, right to operate a vessel that 1106 
requires a safe boating certificate for operation or certificate of personal 1107 
watercraft operation suspension. If, after such hearing under 1108 
subdivision (2) or (3) of subsection (g) of this section, the commissioner 1109 
does not find on any one of said issues in the negative or if such person 1110 
fails to appear at such hearing, the commissioner shall affirm the 1111 
suspension contained in the suspension notice for the appropriate 1112 
period specified in subsection (i) of this section. The commissioner shall 1113 
render a decision at the conclusion of such hearing or send a notice of 1114 
the decision by certified mail to such person not later than thirty-five 1115 
days from the date of notice of such person's arrest by the peace officer 1116 
or, if a continuance is granted, not later than sixty-five days from the 1117 
date such person received notice of such person's arrest by the peace 1118 
officer. The notice of such decision sent by certified mail to the address 1119 
of such person as shown by the records of the commissioner shall be 1120 
sufficient notice to such person that such person's safe boating 1121 
certificate, right to operate a vessel that requires a safe boating certificate 1122 
for operation or certificate of personal watercraft operation is suspended 1123 
or the suspension is stayed. Unless a continuance of the hearing is 1124 
granted pursuant to subsection (g) of this section, if the commissioner 1125 
fails to render a decision within thirty-five days from the date that such 1126 
person received notice of such person's arrest by the peace officer, the 1127 
commissioner shall not suspend such person's safe boating certificate, 1128     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	37 of 108 
 
right to operate a vessel that requires a safe boating certificate for 1129 
operation or certificate of personal watercraft operation. 1130 
(i) The commissioner shall suspend the operator's safe boating 1131 
certificate, right to operate a vessel that requires a safe boating certificate 1132 
for operation or certificate of personal watercraft operation of a person 1133 
who does not contact the department to schedule a hearing under 1134 
subsection (e) of this section, who fails to appear at such hearing, or 1135 
against whom, after a hearing, the commissioner holds pursuant to 1136 
subsection (g) of this section. Such suspension shall be as of the effective 1137 
date contained in the suspension notice or the date the commissioner 1138 
renders a decision, whichever is later, for a period of: (1) (A) Except as 1139 
provided in subparagraph (B) of this subdivision, ninety days if such 1140 
person submitted to a test [or analysis] and the results of such test [or 1141 
analysis] indicated that at the time of the alleged offense that such 1142 
person had an elevated blood alcohol content or elevated blood THC 1143 
content, or such person was found to have been operating a vessel under 1144 
the influence of intoxicating liquor or any drug, or both, based on a 1145 
report filed pursuant to subsection (d) of this section, or (B) one hundred 1146 
twenty days if such person submitted to a test [or analysis] and the 1147 
results of such test [or analysis] indicated that the ratio of alcohol in the 1148 
blood of such person was sixteen-hundredths of one per cent or more of 1149 
alcohol, by weight, or (C) six months if such person refused to submit to 1150 
such test; [or analysis;] (2) if such person has previously had such 1151 
person's safe boating certificate, right to operate a vessel that requires a 1152 
safe boating certificate for operation or certificate of personal watercraft 1153 
operation suspended under this section, (A) except as provided in 1154 
subparagraph (B) of this subdivision, nine months if such person 1155 
submitted to a test [or analysis] and the results of such test [or analysis] 1156 
indicated that at the time of the alleged offense that such person had an 1157 
elevated blood alcohol content or elevated blood THC content, or such 1158 
person was found to have been operating a vessel under the influence 1159 
of intoxicating liquor or any drug, or both, based on a report filed 1160 
pursuant to subsection (d) of this section, (B) ten months if such person 1161     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	38 of 108 
 
submitted to a test [or analysis] and the results of such test [or analysis] 1162 
indicated that the ratio of alcohol in the blood of such person was 1163 
sixteen-hundredths of one per cent or more of alcohol, by weight, and 1164 
(C) one year if such person refused to submit to such test; [or analysis;] 1165 
and (3) if such person has two or more times previously had such 1166 
person's safe boating certificate, right to operate a vessel that requires a 1167 
safe boating certificate for operation or certificate of personal watercraft 1168 
operation suspended under this section, (A) except as provided in 1169 
subparagraph (B) of this subdivision, two years if such person 1170 
submitted to a test [or analysis] and the results of such test [or analysis] 1171 
indicated that at the time of the alleged offense that such person had an 1172 
elevated blood alcohol content or elevated blood THC content, or such 1173 
person was found to have been operating a vessel under the influence 1174 
of intoxicating liquor or any drug, or both, based, on a report filed 1175 
pursuant to subsection (d) of this section, (B) two and one-half years if 1176 
such person submitted to a test [or analysis] and the results of such test 1177 
[or analysis] indicated that the ratio of alcohol in the blood of such 1178 
person was sixteen-hundredths of one per cent or more of alcohol, by 1179 
weight, and (C) three years if such person refused to submit to such test. 1180 
[or analysis.] 1181 
(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 1182 
of this section, any peace officer who obtains the results of a chemical 1183 
analysis of a blood sample taken from an operator of a vessel involved 1184 
in an accident who suffered or allegedly suffered physical injury in such 1185 
accident shall notify the commissioner and submit to the commissioner 1186 
a written report if such results indicate that at the time of the alleged 1187 
offense such person had an elevated blood alcohol content or elevated 1188 
blood THC content, or any quantity of an intoxicating liquor or any 1189 
drug, or both, in such person's blood, and if such person was arrested 1190 
for a violation of section 15-132a, subsection (d) of section 15-133 or 1191 
section 15-140l or 15-140n in connection with such accident. The report 1192 
shall be made on a form approved by the commissioner containing such 1193 
information as the commissioner prescribes and shall be subscribed and 1194     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	39 of 108 
 
sworn under penalty of false statement, as provided in section 53a-157b, 1195 
by the peace officer. The commissioner shall, after notice and an 1196 
opportunity for hearing, which shall be conducted in accordance with 1197 
chapter 54, suspend the safe boating certificate, right to operate a vessel 1198 
that requires a safe boating certificate for operation or certificate of 1199 
personal watercraft operation of such person for a period of up to ninety 1200 
days, or, if such person has previously had such person's operating 1201 
privilege suspended under this section, for a period up to one year. Each 1202 
hearing conducted under this section shall be limited to a determination 1203 
of the following issues: (1) Whether the peace officer had probable cause 1204 
to arrest the person for operating a vessel while under the influence of 1205 
intoxicating liquor or drugs, or both, or while such person has an 1206 
elevated blood alcohol content; (2) whether such person was placed 1207 
under arrest; (3) whether such person was operating the vessel; (4) 1208 
whether the results of the analysis of the blood of such person indicate 1209 
that such person had an elevated blood alcohol content or elevated 1210 
blood THC content, or there is substantial evidence to conclude that the 1211 
person was operating a vessel under the influence of intoxicating liquor 1212 
or any drug, or both; and (5) whether the blood sample was obtained in 1213 
accordance with conditions for admissibility as set forth in section 15-1214 
140s. If, after such hearing, the commissioner finds on any issue in the 1215 
negative, the commissioner shall not impose a suspension. The fees of 1216 
any witness summoned to appear at the hearing shall be the same as 1217 
provided by the general statutes for witnesses in criminal cases. 1218 
(k) The provisions of this section shall apply with the same effect to 1219 
the refusal by any person to submit to an additional chemical test as 1220 
provided in [subdivision (5)] subparagraph (E) of subdivision (1) of 1221 
subsection (a) of section 15-140r, as amended by this act. 1222 
(l) The provisions of this section do not apply to any person whose 1223 
physical condition is such that, according to competent medical advice, 1224 
such test would be inadvisable. 1225 
(m) The state shall pay the reasonable charges of any physician who, 1226     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	40 of 108 
 
at the request of a municipal police department, takes a blood sample 1227 
for purposes of a test under the provisions of this section. 1228 
(n) For the purposes of this section, "elevated blood alcohol content" 1229 
means: (1) (A) A ratio of alcohol in the blood of such person that is eight-1230 
hundredths of one per cent or more of alcohol, by weight, or (B) a ratio 1231 
of alcohol in the blood of such person that is between five-hundredths 1232 
and eight-hundredths of one per cent of alcohol by weight, if such 1233 
person also tests positive for any quantity of an impairing drug or 1234 
substance, or (2) if such person is under twenty-one years of age, a ratio 1235 
of alcohol in the blood of such person that is two-hundredths of one per 1236 
cent or more of alcohol, by weight; and "elevated blood THC content" 1237 
means, if such person is less than twenty-one years of age, one-half 1238 
nanogram or more of THC, as defined in section 1 of this act, in the blood 1239 
of such person, unless such person provides evidence that such person 1240 
is a qualifying patient with a valid registration certificate from the 1241 
Department of Consumer Protection pursuant to chapter 420f. 1242 
(o) The commissioner may adopt regulations, in accordance with 1243 
chapter 54, to implement the provisions of this section.  1244 
(p) For purposes of this section and section 15-140r, as amended by 1245 
this act, (1) "drug influence evaluation" means a twelve-part evaluation 1246 
developed by the National Highway Traffic Safety Administration and 1247 
the International Association of Chiefs of Police that is conducted by a 1248 
drug recognition expert to determine the level of a person's impairment 1249 
from the use of drugs and the type of drug or drugs causing such 1250 
impairment; (2) "drug recognition expert" means a person certified by 1251 
the International Association of Chiefs of Police as having met all 1252 
requirements of the International Drug Evaluation and Classification 1253 
Program; and (3) "nontestimonial portion of a drug influence 1254 
evaluation" means a drug influence evaluation conducted by a drug 1255 
recognition expert that does not include a verbal interview with the 1256 
subject. 1257     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	41 of 108 
 
Sec. 17. Section 15-140r of the general statutes is repealed and the 1258 
following is substituted in lieu thereof (Effective April 1, 2022): 1259 
(a) (1) Except as provided in section 15-140s or subsection (d) of this 1260 
section, in any criminal prosecution for the violation of section 15-132a, 1261 
subsection (d) of section 15-133, section 15-140l or 15-140n or subsection 1262 
(b) of section 53-206d, evidence respecting the amount of alcohol or drug 1263 
in the defendant's blood or urine at the time of the alleged offense, as 1264 
shown by a chemical [analysis] test of the defendant's breath, blood or 1265 
urine shall be admissible and competent provided: [(1)] (A) The 1266 
defendant was afforded a reasonable opportunity to telephone an 1267 
attorney prior to the performance of the test and consented to the taking 1268 
of the test upon which such analysis is made; [(2)] (B) a true copy of the 1269 
report of the test result was mailed to or personally delivered to the 1270 
defendant within twenty-four hours or by the end of the next regular 1271 
business day, after such result was known, whichever is later; [(3)] (C) 1272 
the test was performed by or at the direction of a certified law 1273 
enforcement officer according to methods and with equipment 1274 
approved by the Department of Emergency Services and Public 1275 
Protection, and if a blood test was performed, it was performed on a 1276 
blood sample taken by a person licensed to practice medicine and 1277 
surgery in this state, a qualified laboratory technician, an emergency 1278 
medical technician II or a registered nurse in accordance with the 1279 
regulations adopted under subsection (b) of this section; [(4)] (D) the 1280 
device used for such test was checked for accuracy in accordance with 1281 
the regulations adopted under subsection (b) of this section; [(5)] (E) an 1282 
additional chemical test of the same type was performed at least ten 1283 
minutes after the initial test was performed or, if requested by the peace 1284 
officer for reasonable cause, an additional chemical test of a different 1285 
type was performed, including a test to detect the presence of a drug or 1286 
drugs other than or in addition to alcohol, except that the results of the 1287 
initial test shall not be inadmissible under this subsection if reasonable 1288 
efforts were made to have such additional test performed in accordance 1289 
with the conditions set forth in this subsection and (i) such additional 1290     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	42 of 108 
 
test was not performed or was not performed within a reasonable time, 1291 
or (ii) the results of such additional test are not admissible for failure to 1292 
meet a condition set forth in this subsection; and [(6)] (F) evidence is 1293 
presented that the test was commenced within two hours of operation 1294 
of the vessel or expert testimony establishes the reliability of a test 1295 
commenced beyond two hours of operation of the vessel. In any 1296 
prosecution under this section, it shall be a rebuttable presumption that 1297 
the results of such chemical analysis establish the ratio of alcohol in the 1298 
blood of the defendant at the time of the alleged offense, except that if 1299 
the results of the additional test indicate that the ratio of alcohol in the 1300 
blood of such defendant is ten-hundredths of one per cent or less of 1301 
alcohol, by weight, and is higher than the results of the first test, 1302 
evidence shall be presented that demonstrates that the test results and 1303 
the analysis thereof accurately indicate the blood alcohol content at the 1304 
time of the alleged offense. 1305 
(2) If a law enforcement officer who is a drug recognition expert 1306 
conducts a drug influence evaluation, the officer's testimony concerning 1307 
such evaluation shall be admissible and competent as evidence of the 1308 
operation of a vessel while under the influence of liquor or any drug or 1309 
both under subdivision (1) of subsection (a) of this section.  1310 
(b) The Commissioner of Emergency Services and Public Protection 1311 
shall ascertain the reliability of each method and type of device offered 1312 
for chemical testing and analysis of blood, of breath and of urine and 1313 
certify those methods and types which the Commissioner of Emergency 1314 
Services and Public Protection finds suitable for use in testing and 1315 
analysis of blood, breath and urine, respectively, in this state. The 1316 
Commissioner of Emergency Services and Public Protection, after 1317 
consultation with the Commissioner of Public Health, shall adopt 1318 
regulations, in accordance with chapter 54, governing the conduct of 1319 
chemical tests, the operation and use of chemical test devices and the 1320 
training and certification of operators of such devices and the drawing 1321 
or obtaining of blood, breath or urine samples as the Commissioner of 1322 
Emergency Services and Public Protection finds necessary to protect the 1323     
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health and safety of persons who submit to chemical tests and to insure 1324 
reasonable accuracy in testing results. Such regulations shall not require 1325 
recertification of a peace officer solely because such officer terminates 1326 
such officer's employment with the law enforcement agency for which 1327 
certification was originally issued and commences employment with 1328 
another such agency.  1329 
(c) If a person is charged with a violation of section 15-132a, 1330 
subsection (d) of section 15-133 or section 15-140l or 15-140n, the charge 1331 
may not be reduced, nolled or dismissed unless the prosecuting 1332 
authority states in open court such prosecutor's reasons for the 1333 
reduction, nolle or dismissal. 1334 
(d) (1) In any criminal prosecution for a violation of section 15-132a, 1335 
subsection (d) of section 15-133 or section 15-140l or 15-140n, evidence 1336 
that the defendant refused to submit to a blood, breath or urine test or 1337 
nontestimonial portion of a drug influence evaluation requested in 1338 
accordance with section 15-140q, as amended by this act, shall be 1339 
admissible provided the requirements of subsection (a) of said section 1340 
have been satisfied. If a case involving a violation of section 15-132a, 1341 
subsection (d) of section 15-133 or section 15-140l or 15-140n is tried to a 1342 
jury, the court shall instruct the jury as to any inference that may or may 1343 
not be drawn from the defendant's refusal to submit to a blood, breath 1344 
or urine test or evaluation.  1345 
(2) A drug recognition expert may testify as to his or her opinion or 1346 
otherwise as to the significance of any symptoms of impairment or 1347 
intoxication for which evidence has been admitted or on the condition 1348 
that such evidence be introduced. 1349 
(3) In any prosecution for a violation of subdivision (1) of subsection 1350 
(a) of this section in which it is alleged that the defendant's operation of 1351 
a vessel was impaired, in whole or in part, by consumption of cannabis, 1352 
cannabis products or THC, as those terms are defined in section 1 of this 1353 
act, the court may take judicial notice that the ingestion of THC (i) can 1354     
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impair a person's ability to operate a vessel; (ii) can impair a person's 1355 
motor function, reaction time, tracking ability, cognitive attention, 1356 
decision-making, judgment, perception, peripheral vision, impulse 1357 
control and memory; and (iii) does not enhance a person's ability to 1358 
safely operate a vessel. 1359 
Sec. 18. (NEW) (Effective from passage) (a) There is established a 1360 
Cannabis Equity Commission, which shall be administered by the 1361 
Department of Consumer Protection.  1362 
(b) The commission shall consist of nine members appointed as 1363 
follows: 1364 
(1) Two appointed by the Governor who shall have a professional 1365 
background of not less than five years working in the field of either 1366 
social justice or civil rights; 1367 
(2) One appointed by the Governor who shall have a professional 1368 
background of not less than five years working in the field of economic 1369 
development; 1370 
(3) One appointed by the Governor who shall have a professional 1371 
background of not less than five years in providing access to capital to 1372 
minorities, as defined in section 32-9n of the general statutes; 1373 
(4) One appointed by the Black and Puerto Rican Caucus of the 1374 
General Assembly; 1375 
(5) The Commissioner of Consumer Protection, or the commissioner's 1376 
designee;  1377 
(6) The Commissioner of Economic and Community Development, 1378 
or the commissioner's designee; 1379 
(7) The Commissioner of Revenue Services, or the commissioner's 1380 
designee; and 1381     
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(8) The Labor Commissioner, or the commissioner's designee. 1382 
(c) The Governor shall make all appointments not later than thirty 1383 
days after the effective date of this section and shall appoint the 1384 
chairperson of the commission. 1385 
(d) The Governor shall fill any vacancy for the unexpired term. Each 1386 
commissioner shall take the oath prescribed for executive officers. 1387 
(e) The terms of the appointed members of the commission shall be 1388 
coterminous with the term of the Governor and subject to the provisions 1389 
of section 4-1a of the general statutes. 1390 
(f) A majority of the members of the commission shall constitute a 1391 
quorum for the transaction of any business. 1392 
(g) The members of the commission shall serve without 1393 
compensation, but shall, within available appropriations, be reimbursed 1394 
for expenses necessarily incurred in the performance of their duties. 1395 
(h) In making the appointments in subsection (b) of this section, the 1396 
Governor shall use his or her best efforts to make appointments that 1397 
reflect the racial, gender and geographic diversity of the population of 1398 
the state.  1399 
Sec. 19. (NEW) (Effective from passage) (a) The commission established 1400 
pursuant to section 18 of this act shall promote and encourage full 1401 
participation in the cannabis industry by persons from communities 1402 
that have been disproportionately harmed by cannabis prohibition and 1403 
enforcement. 1404 
(b) Not later than January 1, 2021, the commission shall make written 1405 
recommendations, in accordance with the provisions of section 11-4a of 1406 
the general statutes, to the Governor and the joint standing committees 1407 
of the General Assembly having cognizance of matters relating to 1408 
consumer protection, the judiciary and finance, revenue and bonding, 1409 
regarding legislation to implement the provisions of sections 18 to 29, 1410     
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inclusive, of this act, sections 31 to 39, inclusive, of this act, section 41 of 1411 
this act, section 21a-243 of the general statutes, as amended by this act, 1412 
and section 21a-408t of the general statutes, as amended by this act. In 1413 
making such recommendations, the commission shall consider whether 1414 
to: 1415 
(1) Establish an equity applicant status for potential owners of 1416 
cannabis establishments. For purposes of this section, "equity applicant" 1417 
means a person who: (A) Either as an adult or a juvenile, was arrested 1418 
for or convicted of the sale, possession, use, manufacture or cultivation 1419 
of cannabis, (B) has a parent or child who, either as an adult or a juvenile, 1420 
was arrested for or convicted of the sale, possession, use, manufacture 1421 
or cultivation of cannabis, or (C) has been a resident of a 1422 
disproportionately impacted census tract for not less than five of the 1423 
previous ten years. For purposes of this subdivision, 1424 
"disproportionately impacted census tract" means a census tract in a 1425 
municipality in which the unemployment rate is greater than the state-1426 
wide unemployment rate and the percentage of individuals below the 1427 
federal poverty level is greater than the state-wide percentage of 1428 
individuals below the federal poverty level; 1429 
(2) Provide for expedited or priority license processing for each class 1430 
of license established pursuant to sections 18 to 25, inclusive, of this act 1431 
for equity applicants; 1432 
(3) Require that any cannabis establishment licensed on or after July 1433 
1, 2022, that is not owned by an equity applicant comply with an 1434 
approved plan to reinvest or provide employment and training 1435 
opportunities in disproportionately impacted census tract areas or in 1436 
communities disproportionately impacted by high rates of drug-related 1437 
arrests, marijuana sale arrests or marijuana possession arrests; 1438 
(4) Establish a lower fee structure for equity applicants; 1439 
(5) (A) Require that any cannabis establishment owned by an equity 1440 
applicant shall be not less than a specified per cent, approved by the 1441     
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commission, owned and controlled by one or more equity applicants, 1442 
whose primary addresses have been in this state for the past five years 1443 
and who manage the day-to-day operations and make long-term 1444 
decisions for the business, and (B) require equity applicants to be 1445 
approved by the department; 1446 
(6) Require that any cannabis establishment owned by an equity 1447 
applicant shall not, within a specified period of operation, be sold to a 1448 
nonequity applicant in a manner that results in the total ownership of 1449 
the cannabis establishment being less than the minimum percentage, 1450 
approved by the commission, required to be owned and controlled by 1451 
one or more equity applicants except with approval of the department; 1452 
(7) Establish a process to best ensure that equity applicants have 1453 
access to the capital and training needed to own and operate a cannabis 1454 
establishment; 1455 
(8) Establish cannabis micro business licenses;  1456 
(9) Establish requirements regarding the delivery of cannabis and 1457 
cannabis products to consumers, including, but not limited to, the 1458 
establishment of a cannabis retail delivery license; and 1459 
(10) Provide for the distribution of a portion of tax revenues to 1460 
support residents in disproportionately impacted census tracts. 1461 
Sec. 20. (NEW) (Effective July 1, 2022) (a) Each cannabis establishment 1462 
shall provide the commission with an annual report for the prior year 1463 
on or before January fifteenth regarding the diversity of its workforce 1464 
and ownership. The commission shall make the overall percentages 1465 
regarding such diversity and ownership available to the public. 1466 
(b) Individuals who have been arrested or convicted for the sale or 1467 
possession of cannabis or for a misdemeanor drug offense that did not 1468 
involve the use, attempted use or threatened use of physical force 1469 
against another person shall not be prohibited from participating or 1470     
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obtaining licensure in the cannabis industry.  1471 
(c) All licensees granted a license pursuant to sections 18 to 25, 1472 
inclusive, of this act shall establish and adhere to policies that encourage 1473 
diversity for purposes of employment, contracting and other 1474 
professional service opportunities. Such policies shall be provided by 1475 
the licensee to the commission upon request. 1476 
Sec. 21. (NEW) (Effective July 1, 2022) (a) A producer in good standing 1477 
may acquire, sell, deliver or transport cannabis or cannabis products to 1478 
cannabis establishments, laboratories and research programs. 1479 
(b) No person shall hold a cannabis establishment license issued 1480 
pursuant to sections 18 to 25, inclusive, of this act or be employed by a 1481 
cannabis establishment or a licensee pursuant to chapter 420f unless 1482 
such person is eighteen years of age or older.  1483 
Sec. 22. (NEW) (Effective July 1, 2022) On and after July 1, 2022, the 1484 
department may issue a license to a person to be a cannabis retailer. No 1485 
person shall act as a cannabis retailer or represent that such person is a 1486 
licensed retailer, unless such person has obtained a license from the 1487 
department pursuant to this section. Such person shall apply for a 1488 
license on a form and in a manner prescribed by the commissioner. 1489 
Sec. 23. (NEW) (Effective July 1, 2022) (a) Except as provided in 1490 
sections 18 to 29, inclusive, of this act, sections 31 to 35, inclusive, of this 1491 
act, section 21a-408t of the general statutes, as amended by this act, or 1492 
chapter 420f of the general statutes, no person, other than a cannabis 1493 
retailer, shall sell or deliver cannabis or cannabis products, excluding 1494 
hemp, to a consumer. Notwithstanding the provisions of this section, 1495 
research programs may sell cannabis or cannabis products to subjects of 1496 
a research program, as defined in section 21a-408 of the general statutes. 1497 
(b) No cannabis or cannabis product, excluding hemp, shall be sold 1498 
from, obtained from or transferred to a location outside of this state by 1499 
a cannabis establishment if such sale would be in violation of federal 1500     
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law. 1501 
(c) Each employee of a cannabis establishment shall apply for a 1502 
license on a form and in a manner prescribed by the commissioner prior 1503 
to commencing employment at the cannabis establishment. Such form 1504 
may require the applicant to provide information sufficient for the 1505 
department to conduct state and national criminal history records 1506 
checks in accordance with section 29-17a of the general statutes. The 1507 
commissioner may establish a cannabis establishment employee 1508 
registration fee of not more than two hundred fifty dollars. 1509 
(d) No person shall act as a backer or represent that such person is a 1510 
backer unless such person has obtained a license from the department 1511 
pursuant to this section. Such person shall apply for a license on a form 1512 
and in a manner prescribed by the commissioner. Such form may 1513 
require the applicant to provide information sufficient for the 1514 
department to: (A) Conduct state and national criminal history records 1515 
checks in accordance with section 29-17a of the general statutes, 1516 
including a financial history check, to determine the character and 1517 
fitness of the applicant for the license, (B) assess whether the applicant 1518 
has an ownership interest in any other cannabis establishment, and (C) 1519 
obtain such other information as the department determines is 1520 
consistent with the requirements of sections 18 to 29, inclusive, of this 1521 
act, sections 31 to 35, inclusive, of this act, section 41 of this act, section 1522 
21a-243 of the general statutes, as amended by this act, and section 21a-1523 
408t of the general statutes, as amended by this act, or chapter 420f of 1524 
the general statutes.  1525 
(e) Any person who receives a license issued pursuant to sections 18 1526 
to 25, inclusive, of this act shall notify the department of any changes to 1527 
the information supplied on the application for such license not later 1528 
than five business days after such change. 1529 
Sec. 24. (NEW) (Effective from passage) (a) Not later than January 1, 1530 
2021, the department shall make written recommendations, in 1531     
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accordance with the provisions of section 11-4a of the general statutes, 1532 
regarding cannabis retailers to the Governor and the joint standing 1533 
committees of the General Assembly having cognizance of matters 1534 
relating to consumer protection, the judiciary and finance, revenue and 1535 
bonding, regarding legislation to implement the provisions of sections 1536 
18 to 29, inclusive, of this act, sections 31 to 35, inclusive, of this act, 1537 
section 41 of this act, section 21a-243 of the general statutes, as amended 1538 
by this act, and section 21a-408t of the general statutes, as amended by 1539 
this act, to: 1540 
(1) Avoid an overconcentration of cannabis retailers in any one area 1541 
and to ensure that such retailers are located state-wide; 1542 
(2) Enable the department to license any person that applies for a 1543 
cannabis retailer license, provided the department deems such 1544 
applicant qualified to acquire, possess, sell and deliver cannabis; 1545 
(3) Establish nonrefundable application fees, license fees and renewal 1546 
fees for each cannabis retailer license; 1547 
(4) Establish the terms of cannabis retailer licenses; 1548 
(5) Establish health, safety and security requirements for cannabis 1549 
retailers, which may include, but need not be limited to, the ability to 1550 
maintain adequate control against the diversion, theft and loss of 1551 
cannabis acquired or possessed by the licensed cannabis retailer and the 1552 
ability to maintain the knowledge, understanding, judgment, operating 1553 
procedures and security controls to ensure safety and accuracy in the 1554 
selling, delivering and use of cannabis; 1555 
(6) Establish processes for online ordering and delivery to consumers 1556 
to ensure that consumers are of a legal age to purchase cannabis; 1557 
(7) Prohibit the retail sale of cannabis designed to appeal to children, 1558 
including, but not limited to banning (A) the use of cartoons, toys, 1559 
animals or children; (B) products that look like any specific trademarked 1560     
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food product; and (C) advertising in time, place, location or mediums, 1561 
including online, which may reach underage individuals.  1562 
(8) Establish restrictions on cannabis advertising, marketing and 1563 
signage, including, but not limited to, a prohibition on mass-market 1564 
campaigns that have a high likelihood of reaching children; 1565 
(9) Require cannabis products to be sold with a warning label or 1566 
handout, after consultation with researchers knowledgeable about the 1567 
risks and benefits of cannabis. Such label or handout may include advice 1568 
about the potential risks of cannabis and cannabis products, such as: (A) 1569 
The risks of driving under the influence of cannabis and the fact that 1570 
doing so is illegal; (B) the risk of cannabis use disorder and where a 1571 
person may seek assistance for the disorder; (C) potential exacerbation 1572 
of psychotic disorders; (D) adverse effects unique to younger adults, 1573 
including those related to the developing mind; (E) potential adverse 1574 
events and other risks; (F) risks of using cannabis during pregnancy or 1575 
breast feeding; and (G) the need to safeguard cannabis and cannabis 1576 
products from children and pets; 1577 
(10) Require each licensed cannabis retailer to utilize an electronic 1578 
inventory control and sale tracking system with the ability to provide 1579 
reporting as required by the commissioner, in a manner prescribed by 1580 
the commissioner, to ensure compliance with sections 18 to 29, inclusive, 1581 
of this act, sections 31 to 35, inclusive, of this act, section 41 of this act, 1582 
section 21a-243 of the general statutes, as amended by this act, and 1583 
section 21a-408t of the general statutes, as amended by this act; 1584 
(11) Minimize the cost difference between cannabis and cannabis 1585 
products authorized pursuant to sections 18 to 25, inclusive, of this act 1586 
and marijuana and marijuana products sold pursuant to chapter 420f of 1587 
the general statutes and any regulations adopted pursuant to said 1588 
chapter, and to maintain and prioritize access to marijuana and 1589 
marijuana products sold pursuant to chapter 420f of the general statutes 1590 
and any regulations adopted pursuant to said chapter;  1591     
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(12) Ensure competition and prevent concentration of ownership, 1592 
including, but not limited to, establishing licensing requirements for 1593 
backers; 1594 
(13) Establish other licensing, renewal and operational standards 1595 
deemed necessary by the commissioner; 1596 
(14) Establish standards and requirements for cannabis 1597 
establishments to verify the age and identity of consumers. Such 1598 
requirements shall be designed to prevent the sale or diversion of 1599 
cannabis and cannabis products to individuals under twenty-one years 1600 
of age; 1601 
(15) Eliminate the registration fee imposed on medical marijuana 1602 
patients and caregivers; 1603 
(16) Create the standards for cannabis product manufacturing 1604 
licenses, facilities and products. Cannabis product manufacturing 1605 
licenses shall include, but may not be limited to, a cannabis product 1606 
manufacturing facility extraction license and a cannabis product 1607 
manufacturing facility processing license; 1608 
(17) Establish nonrefundable application fees, license fees and 1609 
renewal fees for cannabis product manufacturing licenses; 1610 
(18) Establish the terms of cannabis product manufacturing licenses; 1611 
(19) Designate permissible locations for licensed cannabis product 1612 
manufacturing facilities in this state; 1613 
(20) Establish financial requirements for cannabis product 1614 
manufacturing facilities and backers, under which applicants shall 1615 
demonstrate the financial capacity to build and operate a cannabis 1616 
product manufacturing facility; 1617 
(21) Establish health, safety and security requirements for licensed 1618 
cannabis product manufacturing facilities, which shall include, but need 1619     
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not be limited to, a requirement that the applicant or licensed cannabis 1620 
product manufacturing facility demonstrates the ability to maintain 1621 
adequate control against the diversion, theft and loss of cannabis and 1622 
cannabis products; 1623 
(22) Establish other licensing, renewal and operational standards 1624 
deemed necessary by the commissioner;  1625 
(23) Require each licensed cannabis product manufacturing facility to 1626 
utilize an electronic inventory control and sale-tracking system with 1627 
reporting capability, as required by the commissioner, to ensure 1628 
compliance with sections 18 to 29, inclusive, of this act, sections 31 to 35, 1629 
inclusive, of this act and section 21a-408t of the general statutes, as 1630 
amended by this act; 1631 
(24) Determine whether a license for cannabis cultivation facilities is 1632 
necessary or whether the producer license shall be the sole license under 1633 
which the cultivation of cannabis may occur in this state. If the 1634 
department determines that a cannabis cultivation license is necessary, 1635 
it shall also make recommendations to: 1636 
(25) Determine the number of such facilities that may be licensed in 1637 
this state to meet the needs of consumers;  1638 
(26) Establish a nonrefundable application fee, license fee and 1639 
renewal fee for each cannabis cultivation facility license; 1640 
(27) Establish the term of a cannabis cultivation facility license; 1641 
(28) Establish financial requirements for cannabis cultivation facilities 1642 
and backers, under which applicants shall demonstrate the financial 1643 
capacity to build and operate a cannabis cultivation facility; 1644 
(29) Establish health, safety and security requirements for licensed 1645 
cannabis cultivation facilities, which shall include, but need not be 1646 
limited to, a requirement that each applicant or licensed cannabis 1647 
cultivation facility demonstrate: (A) The ability to maintain adequate 1648     
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control against the diversion, theft and loss of cannabis cultivated by the 1649 
cannabis cultivation facility, and (B) the ability to cultivate such 1650 
cannabis in a secure manner; 1651 
(30) Require each licensed cannabis cultivation facility to utilize an 1652 
electronic inventory control and sale tracking system with the ability to 1653 
provide reporting as required by the commissioner, and in a manner 1654 
prescribed by the commissioner, to ensure compliance with sections 18 1655 
to 29, inclusive, of this act, sections 31 to 35, inclusive, of this act and 1656 
section 21a-408t of the general statutes, as amended by this act;  1657 
(31) Establish other licensing, renewal and operational standards 1658 
deemed necessary by the commissioner;  1659 
(32) Requirements for the transportation and storage of cannabis and 1660 
cannabis products by cannabis establishments; 1661 
(33) Requirements for employment and training for each cannabis 1662 
establishment, excluding dispensary facilities and producers, and its 1663 
employees; and 1664 
(34) Impose additional requirements for cannabis and cannabis 1665 
products sold by a cannabis establishment, including labels and 1666 
packaging requirements for cannabis and cannabis products, including, 1667 
but not limited to, the following: 1668 
(A) A disclosure concerning the length of time it typically takes for 1669 
the cannabis or cannabis product to affect an individual; 1670 
(B) A notation of the amount of cannabis the cannabis product is 1671 
considered the equivalent to; 1672 
(C) A list of ingredients and possible allergens for cannabis and 1673 
cannabis products; 1674 
(D) A nutritional fact panel for cannabis products that includes 1675 
serving size. The commissioner shall determine which cannabis 1676     
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products shall require nutritional fact panels; 1677 
(E) An opaque, child-resistant packaging, which is designed or 1678 
constructed to be significantly difficult for children under five years of 1679 
age to open and not difficult for adults to use properly, as defined in 16 1680 
CFR 1700.1, as amended from time to time; 1681 
(F) Identification of edible cannabis products, when practicable, with 1682 
a standard symbol indicating that it contains cannabis; 1683 
(G) The license number of the cannabis product manufacturing 1684 
facility license or producer license; 1685 
(H) The license number of the cannabis retailer; 1686 
(I) The batch number of the cannabis or cannabis product; 1687 
(J) A net weight statement; 1688 
(K) A disclosure of any solvent used in the extraction process of a 1689 
cannabis product, if applicable; 1690 
(L) A recommended use by or expiration date for cannabis or 1691 
cannabis products; 1692 
(M) Standard and uniform packaging and labeling; 1693 
(35) Establish health and safety standards for the manufacture of 1694 
cannabis products; 1695 
(36) Establish restrictions or prohibitions on additives to cannabis 1696 
and cannabis products, including, but not limited to, those that are toxic, 1697 
designed to make the product more addictive, designed to make the 1698 
product more appealing to children or misleading to consumers. Such 1699 
prohibition shall include vitamin E acetate and other vitamin E 1700 
derivatives for use in cannabis vaping products; 1701 
(37) Establish protocols governing visits to cannabis product 1702     
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manufacturing facilities and producers, including requiring such 1703 
establishments to maintain a log of visitors; 1704 
(38) Establish a definition of the amount of THC that constitutes a 1705 
single serving in a cannabis product; 1706 
(39) Establish standards for the safe manufacture of cannabis 1707 
products; 1708 
(40) Establish requirements that educational materials be 1709 
disseminated or made available to consumers who purchase cannabis 1710 
or cannabis products; 1711 
(41) Establish requirements for random sample testing to ensure 1712 
quality control, including requirements that cannabis and cannabis 1713 
products are accurately labeled. Any such testing shall include, but not 1714 
be limited to, testing for residual solvents, poisons, toxins, harmful 1715 
chemicals, dangerous molds or mildew, filth, harmful microbials such 1716 
as E. Coli or salmonella and pesticides; 1717 
(42) Establish a modified process to solicit and review applications 1718 
from producers and dispensary facilities licensed pursuant to chapter 1719 
420f of the general statutes;  1720 
(43) Establish standards for the operation of laboratories, including 1721 
requirements for equipment and qualifications for personnel;  1722 
(44) Establish requirements to ensure the health and safety of the 1723 
public regarding any vaporizer or inhalation device sold or 1724 
manufactured by a cannabis establishment; 1725 
(45) Establish standards for licensure of backers and restrictions, if 1726 
deemed appropriate by the department, for cross-ownership of 1727 
cannabis establishments;  1728 
(46) Set restrictions on the total amount of THC per serving in any 1729 
cannabis product, the total number of milligrams of THC allowed to be 1730     
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purchased per transaction, forms of cannabis product delivery systems 1731 
and methods of consumption and dosage amounts for the cannabis 1732 
products sold; and 1733 
(47) Establish responsibilities of licensees under chapter 420f of the 1734 
general statutes to maintain priority access of product to qualifying 1735 
patients. Such recommendations may include a recommendation 1736 
regarding the colocation of a dispensary facility under chapter 420f of 1737 
the general statutes with a cannabis retailer under sections 18 to 29, 1738 
inclusive, of this act, sections 31 to 35, inclusive, of this act and section 1739 
21a-408t of the general statutes, as amended by this act. 1740 
(b) No standard or requirement enacted pursuant to sections 18 to 29, 1741 
inclusive, of this act, sections 31 to 35, inclusive, of this act, section 41 of 1742 
this act, section 21a-243 of the general statutes, as amended by this act, 1743 
and section 21a-408t of the general statutes, as amended by this act, shall 1744 
require: (1) A consumer to provide a cannabis retailer with personal 1745 
information other than government-issued identification to determine 1746 
the consumer's age; or (2) a cannabis retailer to acquire and record 1747 
personal information about consumers. 1748 
(c) Cannabis products shall be packaged in individual child-resistant 1749 
packages. 1750 
Sec. 25. (NEW) (Effective July 1, 2022) (a) On and after the effective 1751 
date of this section, the department may issue or renew a license for a 1752 
person to be a cannabis product manufacturing facility. No person may 1753 
act as a cannabis product manufacturing facility or represent that such 1754 
person is a licensed cannabis product manufacturing facility unless such 1755 
person has obtained a license from the department pursuant to this 1756 
section. 1757 
(b) The department may license any person who applies for a license, 1758 
provided (1) such person is organized for the purpose of manufacturing 1759 
cannabis products in this state until federal law allows for the interstate 1760 
sale of cannabis, and (2) the commissioner finds that such applicant is 1761     
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qualified to manufacture cannabis products and sell, deliver or 1762 
transport such products pursuant to sections 18 to 29, inclusive, of this 1763 
act, sections 31 to 35, inclusive, of this act or section 21a-408t of the 1764 
general statutes, as amended by this act. At a minimum, the department 1765 
shall: 1766 
(A) Issue a cannabis product manufacturing facility extraction license 1767 
that allows the holder of such license to perform any cannabis 1768 
extractions, chemical synthesis and all other manufacturing activities 1769 
authorized pursuant to sections 18 to 29, inclusive, of this act, sections 1770 
31 to 35, inclusive, of this act, section 41 of this act, section 21a-243 of the 1771 
general statutes, as amended by this act, and section 21a-408t of the 1772 
general statutes, as amended by this act; and 1773 
(B) Issue a cannabis product manufacturing facility processing 1774 
license that permits the licensee to prepare or produce a food, as defined 1775 
in section 21a-92 of the general statutes, that contains cannabis or 1776 
cannabis products, or repackage cannabis or cannabis products. Such 1777 
license shall not allow the holder of such license to perform any cannabis 1778 
extractions. 1779 
(c) No cannabis product manufacturing facility shall manufacture 1780 
cannabis products for distribution outside of this state in violation of 1781 
federal law. 1782 
Sec. 26. (NEW) (Effective from passage) No employee of the department 1783 
who carries out the duties and responsibilities of sections 18 to 29, 1784 
inclusive, of this act, sections 31 to 35, inclusive, of this act, section 41 of 1785 
this act, section 21a-243 of the general statutes, as amended by this act, 1786 
or section 21a-408t of the general statutes, as amended by this act, and 1787 
any regulations enacted pursuant thereto may, directly or indirectly, 1788 
individually or as a member of a partnership, have any management or 1789 
financial interest whatsoever in the cultivation, manufacture, sale, 1790 
transportation, delivery or testing of cannabis, nor receive any 1791 
commission or profit whatsoever from nor have any interest whatsoever 1792     
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in purchases or sales made by persons authorized to make such 1793 
purchases or sales pursuant to said sections. No provision of this section 1794 
shall prevent any such employee from purchasing and keeping in his or 1795 
her possession, for his or her personal use or the use of such employee's 1796 
family or guests, any cannabis which may be purchased or kept by any 1797 
person by virtue of said sections. 1798 
Sec. 27. (NEW) (Effective July 1, 2020) (a) Any municipality may, by 1799 
amendment to such municipality's zoning regulations or ordinances, 1800 
prohibit the establishment of a cannabis establishment, except for a 1801 
dispensary facility or producer, or establish reasonable restrictions 1802 
regarding the hours and signage within the limits of such municipality. 1803 
The chief zoning official of a municipality shall report, in writing, any 1804 
zoning changes adopted by the municipality regarding cannabis 1805 
establishments pursuant to this subsection to the Secretary of the Office 1806 
of Policy and Management and to the department not later than 1807 
fourteen days after the adoption of such changes. The chief zoning 1808 
official of each municipality shall inform such secretary and the 1809 
department, in writing, on or before January 1, 2022, as to whether such 1810 
municipality prohibits or restricts cannabis establishments based on 1811 
zoning or municipal ordinance. 1812 
(b) Any prohibition on the establishment of or restriction regarding 1813 
hours and signage of a cannabis establishment adopted by a 1814 
municipality shall not apply to an existing cannabis establishment 1815 
located in such municipality, for a period of five years after the adoption 1816 
of such prohibition or restriction. 1817 
(c) The department shall refuse to issue an initial license to an 1818 
applicant for a cannabis establishment if such cannabis establishment 1819 
would be located in a municipality that has prohibited the establishment 1820 
of such a cannabis establishment. 1821 
(d) No municipality shall prohibit delivery of cannabis or cannabis 1822 
products to a consumer when the delivery is made by a cannabis 1823     
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retailer, dispensary facility or other person authorized to make such 1824 
delivery pursuant to sections 18 to 29, inclusive, of this act, sections 31 1825 
to 35, inclusive, of this act, section 41 of this act, section 21a-243 of the 1826 
general statutes, as amended by this act, or section 21a-408t of the 1827 
general statutes, as amended by this act. 1828 
(e) No municipality or local official shall condition any official action, 1829 
nor accept any donation in moneys or in kind, from any cannabis 1830 
establishment or from an individual or corporation that has applied for 1831 
a license to open or operate a cannabis establishment in such 1832 
municipality. No municipality may negotiate nor enter into a local host 1833 
agreement with a cannabis establishment nor an individual or 1834 
corporation that has applied for a license to open or operate a cannabis 1835 
establishment in such municipality. 1836 
Sec. 28. (NEW) (Effective July 1, 2022) (a) Notwithstanding any 1837 
provision of the general statutes, the following acts, when performed by 1838 
a cannabis retailer or dispensary facility, or employee of a cannabis 1839 
retailer or dispensary facility, when acting within the scope of their 1840 
employment with such entity, are not unlawful and shall not be an 1841 
offense or a basis for seizure or forfeiture of assets: 1842 
(1) Possessing, displaying, storing or transporting cannabis or 1843 
cannabis products at, to or from a cannabis retail location or dispensary 1844 
facility; 1845 
(2) Purchasing cannabis or cannabis products from a producer or a 1846 
cannabis product manufacturing facility; 1847 
(3) Delivering or transferring cannabis or cannabis products to a 1848 
laboratory or research program; and 1849 
(4) Delivering or selling cannabis or cannabis products to consumers. 1850 
(b) Notwithstanding any other provision of law, the following acts, 1851 
when performed by a cannabis product manufacturing facility, 1852     
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producer or an employee of a cannabis product manufacturing facility 1853 
or producer when acting within the scope of their employment, are not 1854 
unlawful and shall not be an offense or a basis for seizure or forfeiture 1855 
of assets: 1856 
(1) Packaging, processing, transporting, manufacturing, displaying 1857 
or possessing cannabis or cannabis products at, to or from a cannabis 1858 
product manufacturing facility or producer; 1859 
(2) Delivering or transferring cannabis or cannabis products to a 1860 
laboratory or research program; 1861 
(3) Delivering or selling cannabis or cannabis products to a cannabis 1862 
retailer, dispensary facility, producer or cannabis product 1863 
manufacturing facility; and 1864 
(4) Purchasing cannabis or cannabis products from a producer or a 1865 
cannabis product manufacturing facility. 1866 
(c) Notwithstanding any other provision of law, the following acts, 1867 
when performed by a laboratory or a person who is acting in his or her 1868 
capacity as an owner, employee or agent of a laboratory, are not 1869 
unlawful and shall not be an offense or a basis for seizure or forfeiture 1870 
of assets: 1871 
(1) Possessing, cultivating, processing, repackaging, storing, 1872 
transporting or displaying cannabis or cannabis products at, to or from 1873 
a laboratory; 1874 
(2) Receiving cannabis or cannabis products from a cannabis 1875 
establishment, laboratory, state or local government, research program 1876 
or a private individual; and 1877 
(3) Returning cannabis or cannabis products to a cannabis 1878 
establishment or research program. 1879 
Sec. 29. (NEW) (Effective July 1, 2022) No cannabis retailer or 1880     
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dispensary facility shall display cannabis, cannabis products or drug 1881 
paraphernalia in a manner that is visible to the general public from a 1882 
public right-of-way. 1883 
Sec. 30. Section 21a-408t of the general statutes is repealed and the 1884 
following is substituted in lieu thereof (Effective July 1, 2022): 1885 
(a) The Commissioner of Consumer Protection may approve a 1886 
research program if such research program will (1) be administered or 1887 
overseen by (A) a hospital or health care facility licensed by the 1888 
Connecticut Department of Public Health pursuant to chapter 368v, (B) 1889 
an institution of higher education, as defined in section 10a-55, (C) a 1890 
licensed producer or cannabis product manufacturing facility, as 1891 
defined in section 1 of this act, [or] (D) a licensed dispensary or (E) a 1892 
cannabis retailer, as defined in section 1 of this act, and (2) have 1893 
institutional review board oversight and, if the research program 1894 
involves the use of animals, have an institutional animal care and use 1895 
committee. 1896 
[(b) Except as provided in subsection (c) of this section, no person 1897 
may act as a research program employee or represent that such person 1898 
is a licensed research program employee unless such person has 1899 
obtained a license from the Commissioner of Consumer Protection 1900 
pursuant to this section. 1901 
(c) Prior to the effective date of regulations adopted under this 1902 
section, the Commissioner of Consumer Protection may issue a 1903 
temporary certificate of registration to a research program employee. 1904 
The commissioner shall prescribe the standards, procedures and fees for 1905 
obtaining a temporary certificate of registration as a research program 1906 
employee.] 1907 
[(d)] (b) The Commissioner of Consumer Protection shall adopt 1908 
regulations, in accordance with chapter 54, to (1) provide for the 1909 
approval of research programs and licensure of research program 1910 
employees, (2) establish standards and procedures for the termination 1911     
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or suspension of a research program, (3) establish standards and 1912 
procedures for the revocation, suspension, summary suspension and 1913 
nonrenewal of a research program employee license, provided such 1914 
standards and procedures are consistent with the provisions of 1915 
subsection (c) of section 4-182, (4) establish a (A) fee for research 1916 
program review and approval, and (B) license and renewal fee for each 1917 
research program employee, provided the aggregate amount of such 1918 
fees shall not be less than the amount necessary to cover the direct and 1919 
indirect cost of approving research programs and licensing and 1920 
regulating research program employees pursuant to the provisions of 1921 
this chapter, and (5) establish other licensing, renewal and operational 1922 
standards deemed necessary by the commissioner. Such regulations 1923 
shall permit research on medical uses of cannabis, provided the research 1924 
program meets all other applicable statutory and regulatory 1925 
requirements. 1926 
[(e)] (c) Any fees collected by the Department of Consumer Protection 1927 
under this section shall be paid to the State Treasurer and credited to the 1928 
General Fund.  1929 
Sec. 31. (NEW) (Effective July 1, 2022) (a) Each cannabis establishment, 1930 
except for dispensary facilities, shall establish, maintain and comply 1931 
with written policies and procedures for the cultivation, processing, 1932 
manufacture, security, storage, inventory and distribution of cannabis 1933 
and cannabis products, as applicable to the specific license type. Such 1934 
policies and procedures shall include methods for identifying, recording 1935 
and reporting diversion, theft or loss, and for correcting all errors and 1936 
inaccuracies in inventories. Cannabis establishments shall include in 1937 
their written policies and procedures, a process for each of the 1938 
following, if the establishment engages in such activity: 1939 
(1) Handling mandatory and voluntary recalls of cannabis and 1940 
cannabis products. Such process shall be adequate to deal with recalls 1941 
due to any order of the commissioner and any voluntary action by the 1942 
cannabis establishment to remove defective or potentially defective 1943     
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cannabis or cannabis products from the market or any action 1944 
undertaken to promote public health and safety by replacing existing 1945 
cannabis or cannabis products with improved products or packaging;  1946 
(2) Preparing for, protecting against, and handling any crisis that 1947 
affects the security or operation of any cannabis establishment facility in 1948 
the event of a strike, fire, flood or other natural disaster, or other 1949 
situations of local, state or national emergency; 1950 
(3) Ensuring that any outdated, damaged, deteriorated, misbranded 1951 
or adulterated cannabis or cannabis products are segregated from all 1952 
other inventory and destroyed. Such procedure shall provide for written 1953 
documentation of the cannabis and cannabis product disposition; and 1954 
(4) Ensuring the oldest stock of a cannabis or cannabis product is sold, 1955 
delivered or dispensed first. Such procedure may permit deviation from 1956 
this requirement, if such deviation is temporary and approved by the 1957 
commissioner. 1958 
(b) A cannabis establishment shall (1) store all cannabis and cannabis 1959 
products in such a manner as to prevent diversion, theft or loss, (2) make 1960 
cannabis and cannabis products accessible only to the minimum 1961 
number of specifically authorized employees essential for efficient 1962 
operation, and (3) return any cannabis and cannabis products to a secure 1963 
location at the end of the scheduled business day.  1964 
Sec. 32. (NEW) (Effective July 1, 2022) (a) If allowed by the 1965 
commissioner, qualifying patients registered pursuant to chapter 420f of 1966 
the general statutes shall be permitted to purchase cannabis products of 1967 
higher potency and in a larger amount than are generally available for 1968 
retail purchase, as determined by the c ommissioner. Such 1969 
determination, if any, shall be published on the Department of 1970 
Consumer Protection's Internet web site. 1971 
(b) Notwithstanding any provision of the general statutes, the sale or 1972 
delivery of drug paraphernalia to a qualifying patient, primary 1973     
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caregiver or person licensed pursuant to sections 18 to 25, inclusive, of 1974 
this act or chapter 420f of the general statutes, shall not be considered a 1975 
violation of the provisions of sections 18 to 29, inclusive, of this act, 1976 
sections 31 to 35, inclusive, of this act, section 41 of this act, section 21a-1977 
243 of the general statutes, as amended by this act, or section 21a-408t of 1978 
the general statutes, as amended by this act. 1979 
Sec. 33. (NEW) (Effective July 1, 2022) (a) Each cannabis establishment 1980 
shall maintain all records necessary to fully demonstrate business 1981 
transactions related to cannabis and cannabis products for a period 1982 
covering the current taxable year and the three immediately preceding 1983 
taxable years, all of which shall be made available to the department 1984 
pursuant to subsection (c) of this section. 1985 
(b) The commissioner may require any licensee to furnish such 1986 
information as the commissioner considers necessary for the proper 1987 
administration of sections 18 to 29, inclusive, of this act, sections 31 to 1988 
35, inclusive, of this act, section 41 of this act, section 21a-243 of the 1989 
general statutes, as amended by this act, and section 21a-408t of the 1990 
general statutes, as amended by this act, and may require an audit of 1991 
any cannabis establishment, the expense thereof to be paid by such 1992 
cannabis establishment. 1993 
(c) Each person required by sections 18 to 29, inclusive, of this act, 1994 
sections 31 to 35, inclusive, of this act, section 41 of this act, section 21a-1995 
243 of the general statutes, as amended by this act, and section 21a-408t 1996 
of the general statutes, as amended by this act, to prepare, obtain or keep 1997 
documents such as records, logs or reports, and each person in charge, 1998 
or having custody, of such documents, shall maintain such documents 1999 
in an auditable format for not less than three years. Upon request, such 2000 
person shall make such documents immediately available for inspection 2001 
and copying by the commissioner or others authorized by sections 18 to 2002 
29, inclusive, of this act, sections 31 to 35, inclusive, of this act, section 2003 
41 of this act, section 21a-243 of the general statutes, as amended by this 2004 
act, and section 21a-408t of the general statutes, as amended by this act, 2005     
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to review and obtain copies of such documents. When possible, such 2006 
documents shall be provided to the commissioner in electronic format. 2007 
In complying with the provisions of this subsection, no person shall use 2008 
a foreign language, codes or symbols to designate cannabis or cannabis 2009 
product types or persons in the keeping of any required document. 2010 
(d) For purposes of the supervision and enforcement of the 2011 
provisions of sections 18 to 29, inclusive, of this act, sections 31 to 35, 2012 
inclusive, of this act, section 41 of this act, section 21a-408t of the general 2013 
statutes, as amended by this act, and section 21a-243 of the general 2014 
statutes, as amended by this act, the commissioner is authorized to: 2015 
(1) Enter any place, including a vehicle, in which cannabis or cannabis 2016 
products are held, sold, produced, delivered, transported, 2017 
manufactured or otherwise disposed of; 2018 
(2) Inspect a cannabis establishment and all pertinent equipment, 2019 
finished and unfinished material, containers and labeling, and all things 2020 
in such place, including records, files, financial data, sales data, shipping 2021 
data, pricing data, employee data, research, papers, processes, controls 2022 
and facilities; and 2023 
(3) Inventory any stock of cannabis and cannabis products therein 2024 
and obtain samples of any cannabis or cannabis product, any labels or 2025 
containers, paraphernalia and of any finished or unfinished material. 2026 
Sec. 34. (NEW) (Effective July 1, 2022) (a) For sufficient cause found 2027 
pursuant to subsection (b) of this section, the commissioner may 2028 
suspend, revoke, issue fines of not more than one thousand dollars per 2029 
violation, accept an offer in compromise or refuse to grant or renew a 2030 
license issued pursuant to sections 18 to 25, inclusive, of this act or place 2031 
such licensee on probation, place conditions on such licensee or take 2032 
other actions permitted by statute or regulation.  2033 
(b) Any of the following shall constitute sufficient cause for such 2034 
action by the commissioner. Such list includes, but is not limited to: 2035     
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(1) Furnishing of false or fraudulent information in any application; 2036 
(2) A civil judgment against or criminal conviction of a licensee or 2037 
applicant, which criminal history shall be reviewed in accordance with 2038 
section 46a-80 of the general statutes; 2039 
(3) Failure to maintain effective controls against diversion, theft or 2040 
loss of cannabis, cannabis products or other controlled substances; 2041 
(4) Discipline by, or a pending disciplinary action or an unresolved 2042 
complaint regarding any professional license or registration of any 2043 
federal, state or local government; 2044 
(5) Failure to keep accurate records and to account for the cultivation, 2045 
manufacture, packaging or sale of cannabis and cannabis products; 2046 
(6) Denial, suspension or revocation of a license or registration, or the 2047 
denial of a renewal of a license or registration, by any federal, state or 2048 
local government or a foreign jurisdiction; 2049 
(7) False, misleading or deceptive representations to the public or the 2050 
department; 2051 
(8) Return to regular stock of any cannabis or cannabis product 2052 
where: 2053 
(A) The package or container containing the cannabis or cannabis 2054 
product has been opened, breached or tampered with; or 2055 
(B) The cannabis or cannabis product has been previously sold to an 2056 
end user or research program subject; 2057 
(9) Involvement in a fraudulent or deceitful practice or transaction; 2058 
(10) Performance of incompetent or negligent work; 2059 
(11) Failure to maintain the entire cannabis establishment or 2060 
laboratory and contents in a clean, orderly and sanitary condition; 2061     
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(12) Permitting another person to use the licensee's license; 2062 
(13) Failure to cooperate or give information to the department, local 2063 
law enforcement authorities or any other enforcement agency upon any 2064 
matter arising out of conduct at a cannabis establishment or laboratory 2065 
or in connection with a research program; or 2066 
(14) Failure to comply with any provision of sections 18 to 29, 2067 
inclusive, of this act, sections 31 to 35, inclusive, of this act, section 41 of 2068 
this act, section 21a-243 of the general statutes, as amended by this act, 2069 
or section 21a-408t of the general statutes, as amended by this act. 2070 
(c) No person whose application for a license has been denied due to 2071 
the applicant's character and fitness may make another application for 2072 
a license under the provisions of sections 18 to 25, inclusive, of this act 2073 
for at least one year after the date of such denial. 2074 
(d) No person whose license has been revoked may apply for a license 2075 
under the provisions of sections 18 to 25, inclusive, of this act for a 2076 
period of at least one year after the date of such revocation. 2077 
(e) If a license is voluntarily surrendered or is not renewed, the 2078 
commissioner shall not be prohibited from suspending or revoking such 2079 
license or imposing other penalties permitted by sections 18 to 29, 2080 
inclusive, of this act, sections 31 to 35, inclusive, of this act, section 41 of 2081 
this act, section 21a-243 of the general statutes, as amended by this act, 2082 
or section 21a-408t of the general statutes, as amended by this act. 2083 
Sec. 35. (NEW) (Effective from passage) The commissioner may adopt 2084 
regulations in accordance with chapter 54 of the general statutes, 2085 
including emergency regulations pursuant to section 4-168 of the 2086 
general statutes, to implement the provisions of sections 18 to 29, 2087 
inclusive, of this act, sections 31 to 35, inclusive, of this act, section 41 of 2088 
this act, section 21a-243 of the general statutes, as amended by this act, 2089 
and section 21a-408t of the general statutes, as amended by this act. 2090     
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Sec. 36. (NEW) (Effective July 1, 2022) Not later than January 1, 2023, 2091 
the department shall make written recommendations, in accordance 2092 
with the provisions of section 11-4a of the general statutes, to the 2093 
Governor and the joint standing committees of the General Assembly 2094 
having cognizance of matters relating to consumer protection, the 2095 
judiciary and finance, revenue and bonding, as to: 2096 
(1) Whether to allow consumers or qualifying patients under chapter 2097 
420f of the general statutes, who are twenty-one years of age and older, 2098 
to cultivate cannabis for personal use. In making such recommendation 2099 
the commission shall consider: (A) Reasonable precautions to ensure 2100 
that the plants are secure from unauthorized access or access by any 2101 
individual under twenty-one years of age; (B) the location where such 2102 
cannabis may be grown; (C) how other states allow home growing and 2103 
how such states are regulating personal cultivation; (D) if personal 2104 
cultivation in other states has improved access for patients and 2105 
consumers; and (E) any other related public safety or regulatory issues 2106 
the department deems necessary; 2107 
(2) Whether to allow on-site consumption, including whether to 2108 
establish a cannabis on-site consumption license; and 2109 
(3) Whether to permit the establishment of state-run retailers. 2110 
Sec. 37. (NEW) (Effective from passage) Not later than January 1, 2021, 2111 
the Banking Commissioner shall report to the Governor and the joint 2112 
standing committees of the General Assembly having cognizance of 2113 
matters relating to banking, the judiciary and finance, revenue and 2114 
bonding, regarding recommended legislation to implement the 2115 
provisions of sections 18 to 29, inclusive, of this act, sections 31 to 35, 2116 
inclusive, of this act, section 41 of this act, section 21a-243 of the general 2117 
statutes, as amended by this act, and section 21a-408t of the general 2118 
statutes, as amended by this act, to facilitate the use of electronic 2119 
payments by cannabis establishments and consumers and regarding 2120 
access to depository banking by cannabis establishments. 2121     
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Sec. 38. (NEW) (Effective from passage) Not later than January 1, 2021, 2122 
the Insurance Commissioner shall report to the Governor and the joint 2123 
standing committee of the General Assembly having cognizance of 2124 
matters relating to insurance regarding access to insurance by cannabis 2125 
establishments. 2126 
Sec. 39. (NEW) (Effective from passage) Not later than January 1, 2022, 2127 
the Commissioners of the Department of Mental Health and Addiction 2128 
Services, Public Health, the State Department of Education, the 2129 
Department of Children and Families and the executive director of the 2130 
Office of Higher Education shall, in consultation with the presidents of 2131 
the Connecticut State Colleges and Universities and The University of 2132 
Connecticut, make recommendations to the Governor and the joint 2133 
standing committees of the General Assembly having cognizance of 2134 
matters relating to public health, the judiciary and finance, revenue and 2135 
bonding regarding efforts to promote public health, mitigate the misuse 2136 
of cannabis and the effective treatment of addiction to cannabis with a 2137 
particular focus on individuals under twenty-one years of age. 2138 
Sec. 40. Subsection (e) of section 21a-243 of the 2020 supplement to 2139 
the general statutes is repealed and the following is substituted in lieu 2140 
thereof (Effective July 1, 2022): 2141 
(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, 2142 
of this section, not later than [January 1, 2013] July 1, 2022, the 2143 
Commissioner of Consumer Protection shall submit amendments to 2144 
sections 21a-243-7 and 21a-243-8 of the regulations of Connecticut state 2145 
agencies to the standing legislative regulation review committee to 2146 
[reclassify] remove marijuana as a controlled substance [in schedule II] 2147 
under the Connecticut controlled substance scheduling regulations, 2148 
except that for any marijuana product that has been approved by the 2149 
federal Food and Drug Administration or successor agency to have a 2150 
medical use and that is reclassified in any schedule of controlled 2151 
substances or unscheduled by the federal Drug Enforcement 2152 
Administration or successor agency, the commissioner shall adopt the 2153     
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schedule designated by the Drug Enforcement Administration or 2154 
successor agency. 2155 
Sec. 41. (NEW) (Effective July 1, 2020) The commissioner shall make a 2156 
determination regarding what the equivalent amount of any cannabis 2157 
product is to one ounce of cannabis and shall post such determination 2158 
on the department's Internet web site. 2159 
Sec. 42. Section 19a-342 of the 2020 supplement to the general statutes 2160 
is repealed and the following is substituted in lieu thereof (Effective 2161 
October 1, 2020): 2162 
(a) As used in this section: [, "smoke"]  2163 
(1) "Smoke" or "smoking" means the [lighting or carrying] burning of 2164 
a lighted cigarette, cigar, pipe or any other similar device, [.] whether 2165 
containing, wholly or in part, tobacco or cannabis; 2166 
(2) "Any area" means the interior of the facility, building or 2167 
establishment and the outside area within twenty-five feet of any 2168 
doorway, operable window or air intake vent of the facility, building or 2169 
establishment; and 2170 
(3) "Cannabis" means a cannabis-type substance, as defined in section 2171 
21a-240. 2172 
(b) (1) Notwithstanding the provisions of section 31-40q, as amended 2173 
by this act, no person shall smoke: (A) In any area of a building or 2174 
portion of a building, partially enclosed shelter on a rail platform or bus 2175 
shelter owned and operated or leased and operated by the state or any 2176 
political subdivision thereof; (B) in any area of a health care institution, 2177 
including, but not limited to, a psychiatric facility; (C) in any area of a 2178 
retail [food store] establishment accessed by the general public; (D) in 2179 
any restaurant; (E) in any area of an establishment with a permit issued 2180 
for the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 2181 
30-22, 30-22c, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-37e or 30-2182     
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37f, in any area of an establishment with a permit for the sale of alcoholic 2183 
liquor pursuant to section 30-23 issued after May 1, 2003, and, on and 2184 
after April 1, 2004, in any area of an establishment with a permit issued 2185 
for the sale of alcoholic liquor pursuant to section 30-22a or 30-26 or the 2186 
bar area of a bowling establishment holding a permit pursuant to 2187 
subsection (a) of section 30-37c; (F) [within] in any area of a school 2188 
building or on the grounds of such school; (G) within a child care facility 2189 
or on the grounds of such child care facility, except, if the child care 2190 
facility is a family child care home, as defined in section 19a-77, such 2191 
smoking is prohibited only when a child enrolled in such home is 2192 
present; (H) in any passenger elevator; [, provided no person shall be 2193 
arrested for violating this subsection unless there is posted in such 2194 
elevator a sign which indicates that smoking is prohibited by state law;] 2195 
(I) in any area of a dormitory in any public or private institution of 2196 
higher education; [or] (J) [on and after April 1, 2004,] in any area of a 2197 
dog race track or a facility equipped with screens for the simulcasting of 2198 
off-track betting race programs or jai alai games; or (K) in any room 2199 
offered as an accommodation to guests by the operator of a hotel, motel 2200 
or similar lodging. For purposes of this subsection, "restaurant" means 2201 
space, in a suitable and permanent building, kept, used, maintained, 2202 
advertised and held out to the public to be a place where meals are 2203 
regularly served to the public, "school" has the same meaning as 2204 
provided in section 10-154a and "child care facility" has the same 2205 
meaning as provided in section 19a-342a, as amended by this act. 2206 
(2) [This section] Subdivision (1) of this subsection shall not apply to 2207 
[(A) correctional facilities; (B) designated smoking areas in psychiatric 2208 
facilities; (C) public] the following: (A) Public housing projects, as 2209 
defined in subsection (b) of section 21a-278a; [(D)] (B) any classroom 2210 
where demonstration smoking is taking place as part of a medical or 2211 
scientific experiment or lesson; [(E) smoking rooms provided by 2212 
employers for employees, pursuant to section 31-40q; (F)] (C) 2213 
notwithstanding the provisions of subparagraph (E) of subdivision (1) 2214 
of this subsection, the outdoor portion of the premises of any permittee 2215     
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listed in subparagraph (E) of subdivision (1) of this subsection, 2216 
provided, in the case of any seating area maintained for the service of 2217 
food, at least seventy-five per cent of the outdoor seating capacity is an 2218 
area in which smoking is prohibited and which is clearly designated 2219 
with written signage as a nonsmoking area, except that any temporary 2220 
seating area established for special events and not used on a regular 2221 
basis shall not be subject to the smoking prohibition or signage 2222 
requirements of this subparagraph; [(G)] (D) any medical research site 2223 
where smoking is integral to the research being conducted; [or (H)] (E) 2224 
any tobacco bar or tobacco specialist, provided no tobacco bar shall 2225 
expand in size or change its location from its size or location as of 2226 
December 31, 2002; or (F) any location licensed for on-site smoking of 2227 
cannabis. For purposes of this subdivision, "outdoor" means an area 2228 
which has no roof or other ceiling enclosure, "tobacco bar" means an 2229 
establishment with a permit for the sale of alcoholic liquor to consumers 2230 
issued pursuant to chapter 545 that, in the calendar year ending 2231 
December 31, 2002, generated ten per cent or more of its total annual 2232 
gross income from the on-site sale of tobacco products and the rental of 2233 
on-site humidors, [and] "tobacco product" means any substance that 2234 
contains tobacco, including, but not limited to, cigarettes, cigars, pipe 2235 
tobacco or chewing tobacco, "tobacco product" does not include 2236 
cannabis, and "tobacco specialist" means an establishment engaged in 2237 
the sale of tobacco products that generates at least seventy-five per cent 2238 
of its annual gross income from the on-site sale of tobacco products and 2239 
the rental of on-site humidors. 2240 
[(c) The operator of a hotel, motel or similar lodging may allow guests 2241 
to smoke in not more than twenty-five per cent of the rooms offered as 2242 
accommodations to guests.] 2243 
[(d)] (c) In each room, elevator, area or building in which smoking is 2244 
prohibited by this section, the person in control of the premises shall 2245 
post or cause to be posted in a conspicuous place signs stating that 2246 
smoking is prohibited by state law. Such signs, except in elevators, 2247 
restaurants, establishments with permits to sell alcoholic liquor to 2248     
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LCO No. 724   	74 of 108 
 
consumers issued pursuant to chapter 545, hotels, motels or similar 2249 
lodgings, and health care institutions, shall have letters at least four 2250 
inches high with the principal strokes of letters not less than one-half 2251 
inch wide. 2252 
[(e)] (d) Any person found guilty of smoking in violation of this 2253 
section, failure to post signs as required by this section or the 2254 
unauthorized removal of such signs shall have committed an infraction. 2255 
Nothing in this section shall be construed to require the person in 2256 
control of a building to post such signs in every room of [a] the building, 2257 
provided such signs are posted in a conspicuous place in [such] the 2258 
building. 2259 
[(f)] (e) Nothing in this section shall be construed to require any 2260 
smoking area [in] inside or outside any building or the entryway to any 2261 
building or on any property. 2262 
[(g) The provisions of this section shall supersede and preempt the 2263 
provisions of any municipal law or ordinance relative to smoking 2264 
effective prior to, on or after October 1, 1993.] 2265 
Sec. 43. Section 19a-342a of the 2020 supplement to the general 2266 
statutes is repealed and the following is substituted in lieu thereof 2267 
(Effective October 1, 2020): 2268 
(a) As used in this section: [and section 2 of public act 15-206:]  2269 
(1) "Any area" means the interior of the facility, building or 2270 
establishment and the outside area within twenty-five feet of any 2271 
doorway, operable window or air intake vent of the facility, building or 2272 
establishment; 2273 
[(1)] (2) "Child care facility" means a provider of child care services as 2274 
defined in section 19a-77, or a person or entity required to be licensed 2275 
under section 17a-145; 2276 
[(2)] (3) "Electronic nicotine delivery system" [has the same meaning 2277     
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LCO No. 724   	75 of 108 
 
as provided in section 21a-415;] means an electronic device used in the 2278 
delivery of nicotine or other substances to a person inhaling from the 2279 
device, and includes, but is not limited to, an electronic cigarette, 2280 
electronic cigar, electronic cigarillo, electronic pipe or electronic hookah 2281 
and any related device and any cartridge or other component of such 2282 
device, including, but not limited to, electronic cigarette liquid; 2283 
(4) "Electronic cannabis delivery system" means an electronic device 2284 
that may be used to simulate smoking in the delivery of cannabis to a 2285 
person inhaling the device and includes, but is not limited to, an 2286 
electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, 2287 
electronic hookah and any related device and any cartridge or other 2288 
component of such device; 2289 
(5) "Cannabis" means a cannabis-type substance, as defined in section 2290 
21a-240; 2291 
[(3)] (6) "Liquid nicotine container" means a container that holds a 2292 
liquid substance containing nicotine that is sold, marketed or intended 2293 
for use in an electronic nicotine delivery system or vapor product, 2294 
except "liquid nicotine container" does not include such a container that 2295 
is prefilled and sealed by the manufacturer and not intended to be 2296 
opened by the consumer; and 2297 
[(4)] (7) "Vapor product" [has the same meaning as provided in 2298 
section 21a-415] means any product that employs a heating element, 2299 
power source, electronic circuit or other electronic, chemical or 2300 
mechanical means, regardless of shape or size, to produce a vapor that 2301 
may include nicotine or cannabis and is inhaled by the user of such 2302 
product. "Vapor product" does not include a medicinal or therapeutic 2303 
product that is (A) used by a licensed health care provider to treat a 2304 
patient in a health care setting, (B) used by a patient, as prescribed or 2305 
directed by a licensed health care provider in any setting, or (C) any 2306 
drug or device, as defined in the federal Food, Drug and Cosmetic Act, 2307 
21 USC 321, as amended from time to time, any combination product, 2308     
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LCO No. 724   	76 of 108 
 
as described in said act, 21 USC 353(g), as amended from time to time, 2309 
or any biological product, as defined in 42 USC 262, as amended from 2310 
time to time, and 21 CFR 600.3, as amended from time to time, 2311 
authorized for sale by the United States Food and Drug Administration. 2312 
(b) (1) No person shall use an electronic nicotine or cannabis delivery 2313 
system or vapor product: (A) In any area of a building or portion of a 2314 
building owned and operated or leased and operated by the state or any 2315 
political subdivision thereof; (B) in any area of a health care institution, 2316 
including, but not limited to, a psychiatric facility; (C) in any area of a 2317 
retail [food store] establishment accessed by the public; (D) in any 2318 
restaurant; (E) in any area of an establishment with a permit issued for 2319 
the sale of alcoholic liquor pursuant to section 30-20a, 30-21, 30-21b, 30-2320 
22, 30-22a, 30-22c, 30-26, 30-28, 30-28a, 30-33a, 30-33b, 30-35a, 30-37a, 30-2321 
37e or 30-37f, in any area of establishment with a permit issued for the 2322 
sale of alcoholic liquor pursuant to section 30-23 issued after May 1, 2323 
2003, or the bar area of a bowling establishment holding a permit 2324 
pursuant to subsection (a) of section 30-37c; (F) [within] in any area of a 2325 
school building or on the grounds of such school; (G) within a child care 2326 
facility or on the grounds of such child care facility, except, if the child 2327 
care facility is a family child care home as defined in section 19a-77, such 2328 
use is prohibited only when a child enrolled in such home is present; 2329 
(H) in any passenger elevator; [, provided no person shall be arrested 2330 
for violating this subsection unless there is posted in such elevator a sign 2331 
which indicates that such use is prohibited by state law;] (I) in any area 2332 
of a dormitory in any public or private institution of higher education; 2333 
[or] (J) in any area of a dog race track or a facility equipped with screens 2334 
for the simulcasting of off-track betting race programs or jai alai games; 2335 
or (K) in any room offered as an accommodation to guests by the 2336 
operator of a hotel, motel or similar lodging. For purposes of this 2337 
subsection, "restaurant" means space, in a suitable and permanent 2338 
building, kept, used, maintained, advertised and held out to the public 2339 
to be a place where meals are regularly served to the public, and "school" 2340 
has the same meaning as provided in section 10-154a. 2341     
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LCO No. 724   	77 of 108 
 
(2) [This section] Subdivision (1) of this subsection shall not apply to 2342 
[(A) correctional facilities; (B) designated smoking areas in psychiatric 2343 
facilities; (C) public] the following: (A) Public housing projects, as 2344 
defined in subsection (b) of section 21a-278a; [(D)] (B) any classroom 2345 
where a demonstration of the use of an electronic nicotine or cannabis 2346 
delivery system or vapor product is taking place as part of a medical or 2347 
scientific experiment or lesson; [(E)] (C) any medical research site where 2348 
the use of an electronic nicotine or cannabis delivery system or vapor 2349 
product is integral to the research being conducted; [(F)] (D) 2350 
establishments without a permit for the sale of alcoholic liquor that sell 2351 
electronic nicotine delivery systems, vapor products or liquid nicotine 2352 
containers on-site and allow their customers to use such systems, 2353 
products or containers on-site; [(G) smoking rooms provided by 2354 
employers for employees, pursuant to section 31-40q; (H)] (E) any 2355 
location licensed for on-site use of an electronic cannabis delivery 2356 
system; (F) notwithstanding the provisions of subparagraph (E) of 2357 
subdivision (1) of this subsection, the outdoor portion of the premises of 2358 
any permittee listed in subparagraph (E) of subdivision (1) of this 2359 
subsection, provided, in the case of any seating area maintained for the 2360 
service of food, at least seventy-five per cent of the outdoor seating 2361 
capacity is an area in which smoking is prohibited and which is clearly 2362 
designated with written signage as a nonsmoking area, except that any 2363 
temporary seating area established for special events and not used on a 2364 
regular basis shall not be subject to the prohibition on the use of an 2365 
electronic nicotine or cannabis delivery system or vapor product or the 2366 
signage requirements of this subparagraph; or [(I)] (G) any tobacco bar, 2367 
provided no tobacco bar shall expand in size or change its location from 2368 
its size or location as of October 1, 2015. For purposes of this subdivision, 2369 
"outdoor" means an area which has no roof or other ceiling enclosure, 2370 
"tobacco bar" means an establishment with a permit for the sale of 2371 
alcoholic liquor to consumers issued pursuant to chapter 545 that, in the 2372 
calendar year ending December 31, 2015, generated ten per cent or more 2373 
of its total annual gross income from the on-site sale of tobacco products 2374 
and the rental of on-site humidors, [and] "tobacco product" means any 2375     
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LCO No. 724   	78 of 108 
 
substance that contains tobacco, including, but not limited to, cigarettes, 2376 
cigars, pipe tobacco or chewing tobacco, and "tobacco product" does not 2377 
include cannabis. 2378 
[(c) The operator of a hotel, motel or similar lodging may allow guests 2379 
to use an electronic nicotine delivery system or vapor product in not 2380 
more than twenty-five per cent of the rooms offered as accommodations 2381 
to guests.] 2382 
[(d)] (c) In each room, elevator, area or building in which the use of 2383 
an electronic nicotine or cannabis delivery system or vapor product is 2384 
prohibited by this section, the person in control of the premises shall 2385 
post or cause to be posted in a conspicuous place signs stating that such 2386 
use is prohibited by state law. Such signs, except in elevators, 2387 
restaurants, establishments with permits to sell alcoholic liquor to 2388 
consumers issued pursuant to chapter 545, hotels, motels or similar 2389 
lodgings, and health care institutions, shall have letters at least four 2390 
inches high with the principal strokes of letters not less than one-half 2391 
inch wide. 2392 
[(e)] (d) Any person found guilty of using an electronic nicotine or 2393 
cannabis delivery system or vapor product in violation of this section, 2394 
failure to post signs as required by this section or the unauthorized 2395 
removal of such signs shall have committed an infraction. Nothing in 2396 
this subsection shall be construed to require the person in control of a 2397 
building to post such signs in every room of the building, provided such 2398 
signs are posted in a conspicuous place in the building. 2399 
[(f)] (e) Nothing in this section shall be construed to require the 2400 
designation of any area for the use of electronic nicotine or cannabis 2401 
delivery system or vapor product [in] inside or outside any building or 2402 
the entryway to any building or on any property. 2403 
[(g) The provisions of this section shall supersede and preempt the 2404 
provisions of any municipal law or ordinance relative to the use of an 2405 
electronic nicotine delivery system or vapor product effective prior to, 2406     
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LCO No. 724   	79 of 108 
 
on or after October 1, 2015.] 2407 
Sec. 44. Section 31-40q of the general statutes is repealed and the 2408 
following is substituted in lieu thereof (Effective October 1, 2020): 2409 
(a) As used in this section and sections 45 and 46 of this act: 2410 
(1) "Person" means one or more individuals, partnerships, 2411 
associations, corporations, limited liability companies, business trusts, 2412 
legal representatives or any organized group of persons; [.] 2413 
(2) "Employer" means a person engaged in business who has 2414 
employees, including the state and any political subdivision thereof; [.] 2415 
(3) "Employee" means any person engaged in service to an employer 2416 
in the business of his employer; [.] 2417 
(4) "Business facility" means a structurally enclosed location or 2418 
portion thereof at which employees perform services for their employer. 2419 
The term "business facility" does not include: (A) Facilities listed in 2420 
[subparagraph (A), (C) or (H) of] subdivision (2) of subsection (b) of 2421 
section 19a-342, as amended by this act, or subdivision (2) of subsection 2422 
(b) of 19a-342a, as amended by this act; (B) any establishment with a 2423 
permit for the sale of alcoholic liquor pursuant to section 30-23 issued 2424 
on or before May 1, 2003; (C) for any business that is engaged in the 2425 
testing or development of tobacco, [or] tobacco products or cannabis, 2426 
the areas of such business designated for such testing or development; 2427 
or (D) during the period from October 1, 2003, to April 1, 2004, 2428 
establishments with a permit issued for the sale of alcoholic liquor 2429 
pursuant to section 30-22a or 30-26 or the bar area of a bowling 2430 
establishment holding a permit pursuant to subsection (a) of section 30-2431 
37c; [.] 2432 
(5) ["Smoking"] "Smoke" or "smoking" means the burning of a lighted 2433 
cigar, cigarette, pipe or any other [matter or substance which contains 2434 
tobacco.] similar device, whether containing, wholly or in part, tobacco 2435     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	80 of 108 
 
or cannabis; 2436 
(6) "Cannabis" means a cannabis-type substance, as defined in section 2437 
21a-240; 2438 
(7) "Electronic nicotine delivery system" means an electronic device 2439 
used in the delivery of nicotine or other substances to a person inhaling 2440 
from the device, and includes, but is not limited to, an electronic 2441 
cigarette, electronic cigar, electronic cigarillo, electronic pipe or 2442 
electronic hookah and any related device and any cartridge or other 2443 
component of such device, including, but not limited to, electronic 2444 
cigarette liquid; 2445 
(8) "Electronic cannabis delivery system" means an electronic device 2446 
that may be used to simulate smoking in the delivery of cannabis to a 2447 
person inhaling the device and includes, but is not limited to, an 2448 
electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, 2449 
electronic hookah and any related device and any cartridge or other 2450 
component of such device; 2451 
(9) "Vapor product" means any product that employs a heating 2452 
element, power source, electronic circuit or other electronic, chemical or 2453 
mechanical means, regardless of shape or size, to produce a vapor that 2454 
may include nicotine or cannabis and is inhaled by the user of such 2455 
product. "Vapor product" does not include a medicinal or therapeutic 2456 
product that is (A) used by a licensed health care provider to treat a 2457 
patient in a health care setting, (B) used by a patient, as prescribed or 2458 
directed by a licensed health care provider in any setting, or (C) any 2459 
drug or device, as defined in the federal Food, Drug and Cosmetic Act, 2460 
21 USC 321, as amended from time to time, any combination product, 2461 
as described in said act, 21 USC 353(g), as amended from time to time, 2462 
or any biological product, as defined in 42 USC 262, as amended from 2463 
time to time, and 21 CFR 600.3, as amended from time to time, 2464 
authorized for sale by the United States Food and Drug Administration; 2465 
and  2466     
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LCO No. 724   	81 of 108 
 
(10) "Any area" means the interior of the facility, building or 2467 
establishment and the outside area within twenty-five feet of any 2468 
doorway, operable window or air intake vent of the facility, building or 2469 
establishment. 2470 
[(b) Each employer with fewer than five employees in a business 2471 
facility shall establish one or more work areas, sufficient to 2472 
accommodate nonsmokers who request to utilize such an area, within 2473 
each business facility under his control, where smoking is prohibited. 2474 
The employer shall clearly designate the existence and boundaries of 2475 
each nonsmoking area by posting signs which can be readily seen by 2476 
employees and visitors. In the areas within the business facility where 2477 
smoking is permitted, existing physical barriers and ventilation systems 2478 
shall be used to the extent practicable to minimize the effect of smoking 2479 
in adjacent nonsmoking areas.] 2480 
[(c) (1)] (b) Each employer [with five or more employees] shall 2481 
prohibit smoking [in] and the use of electronic nicotine and cannabis 2482 
delivery systems and vapor products in any area of any business facility 2483 
under said employer's control. [, except that an employer may designate 2484 
one or more smoking rooms.] 2485 
[(2) Each employer that provides a smoking room pursuant to this 2486 
subsection shall provide sufficient nonsmoking break rooms for 2487 
nonsmoking employees. 2488 
(3) Each smoking room designated by an employer pursuant to this 2489 
subsection shall meet the following requirements: (A) Air from the 2490 
smoking room shall be exhausted directly to the outside by an exhaust 2491 
fan, and no air from such room shall be recirculated to other parts of the 2492 
building; (B) the employer shall comply with any ventilation standard 2493 
adopted by (i) the Commissioner of Labor pursuant to chapter 571, (ii) 2494 
the United States Secretary of Labor under the authority of the 2495 
Occupational Safety and Health Act of 1970, as from time to time 2496 
amended, or (iii) the federal Environmental Protection Agency; (C) such 2497     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	82 of 108 
 
room shall be located in a nonwork area, where no employee, as part of 2498 
his or her work responsibilities, is required to enter, except such work 2499 
responsibilities shall not include any custodial or maintenance work 2500 
carried out in the smoking room when it is unoccupied; and (D) such 2501 
room shall be for the use of employees only.] 2502 
[(d)] (c) Nothing in this section may be construed to prohibit an 2503 
employer from designating an entire business facility and the real 2504 
property on which the business facility is located as a nonsmoking area.  2505 
Sec. 45. (NEW) (Effective July 1, 2020) (a) No employer shall be 2506 
required to make accommodations for an employee or be required to 2507 
allow an employee to: (1) Perform his or her duties while under the 2508 
influence of cannabis, or (2) possess, use or otherwise consume cannabis 2509 
while performing such duties. 2510 
(b) An employer may implement a policy prohibiting the possession, 2511 
use or other consumption of cannabis by an employee, except as 2512 
provided in section 21a-408p of the general statutes, provided such 2513 
policy is: (1) In writing, (2) equally applicable to each employee, and (3) 2514 
made available to each employee prior to the enactment of such policy. 2515 
The employer shall provide any such written policy in writing to each 2516 
prospective employee at the time the employer makes an offer of 2517 
employment to the prospective employee. 2518 
Sec. 46. (NEW) (Effective July 1, 2022) (a) As used in this section, 2519 
"screening test" means a test of a person's blood, urine, hair or oral fluid 2520 
to detect the general presence of cannabis or THC, and "THC" means 2521 
delta-9-tetrahydrocannabinol. 2522 
(b) No employer or agent of any employer shall require, as a 2523 
condition of employment, that any employee or prospective employee 2524 
refrain from using cannabis outside the course of his or her 2525 
employment, or otherwise discriminate against any employee with 2526 
respect to compensation, terms, conditions or privileges of employment 2527 
for using cannabis outside the course of his or her employment. 2528     
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LCO No. 724   	83 of 108 
 
(c) No employer shall fail to or refuse to hire a prospective employee 2529 
because the prospective employee submitted to a screening test and the 2530 
results of the screening test indicate the presence of cannabis or THC. 2531 
(d) If an employer requires an employee to submit to a screening test 2532 
within the first thirty days of employment, the employee shall have the 2533 
right to submit to an additional screening test, at his or her own expense, 2534 
to rebut the results of the initial screening test. The employer shall accept 2535 
and give appropriate consideration to the results of such additional 2536 
screening test. 2537 
(e) Except as otherwise provided in this section or pursuant to federal 2538 
law, it shall be an unlawful discriminatory practice for an employer, 2539 
labor organization, employment agency or agent thereof to require a 2540 
prospective employee to submit to a screening test as a condition of 2541 
employment. 2542 
(f) The provisions of subsections (b) to (e), inclusive, of this section 2543 
shall not apply to drug testing, conditions of continued employment or 2544 
conditions for hiring employees required pursuant to: 2545 
(1) Any regulation of the federal Department of Transportation, if 2546 
such regulation requires testing of a prospective employee in 2547 
accordance with 49 CFR 40 or any regulation of Connecticut state 2548 
agencies that adopts a federal regulation for purposes of enforcing the 2549 
requirements of such regulation with respect to intrastate commerce; 2550 
(2) Any contract entered into between the federal government and an 2551 
employer or any grant of financial assistance from the federal 2552 
government to an employer that requires drug testing of prospective 2553 
employees as a condition of receiving the contract or grant; 2554 
(3) Any federal or state statute, regulation or order that requires drug 2555 
testing of prospective employees for safety or security purposes; or 2556 
(4) Any applicant whose prospective employer is a party to a valid 2557     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	84 of 108 
 
collective bargaining agreement that specifically addresses 2558 
preemployment drug testing of such applicant. 2559 
(g) If an employer has violated any provision of subsections (b) to (e), 2560 
inclusive, of this section, an individual aggrieved by such violation may 2561 
bring a civil action for judicial enforcement of such provision in the 2562 
superior court for the judicial district where the violation is alleged to 2563 
have occurred or where the employer has its principal office. Any 2564 
individual who prevails in such civil action shall be awarded reasonable 2565 
attorney's fees and costs, to be taxed by the court. 2566 
(h) The provisions of subsections (b) to (e), inclusive, of this section 2567 
shall not apply if the prospective employee is applying for a position as, 2568 
or if a current employee holds a position as: 2569 
(1) A firefighter; 2570 
(2) An emergency medical technician; 2571 
(3) A police officer or peace officer, or in a position with a law 2572 
enforcement or investigative function at a state or local agency; 2573 
(4) An employee required to operate a motor vehicle, for which 2574 
federal or state law requires such employee to submit to screening tests, 2575 
including, but not limited to, any position requiring a commercial 2576 
driver's license; 2577 
(5) The extent that such provisions are inconsistent or otherwise in 2578 
conflict with the provisions of an employment contract or collective 2579 
bargaining agreement; 2580 
(6) To the extent that such provisions are inconsistent or otherwise in 2581 
conflict with any provision of federal law; 2582 
(7) A position of employment funded by a federal grant; 2583 
(8) Any position requiring certification of completion of a course in 2584     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	85 of 108 
 
construction safety and health approved by the United States 2585 
Department of Labor's occupational safety and health administration; 2586 
(9) Any position requiring the supervision or care of children, 2587 
medical patients or vulnerable persons; 2588 
(10) Any position with the potential to adversely impact the health or 2589 
safety of employees or members of the public, in the determination of 2590 
the employer; or 2591 
(11) Any position at a nonprofit organization or corporation the 2592 
primary purpose of which is to discourage use of cannabis products by 2593 
the general public. 2594 
Sec. 47. Subparagraph (H) of subdivision (7) of subsection (c) of 2595 
section 7-148 of the general statutes is repealed and the following is 2596 
substituted in lieu thereof (Effective October 1, 2020): 2597 
(H) (i) Secure the safety of persons in or passing through the 2598 
municipality by regulation of shows, processions, parades and music; 2599 
(ii) Regulate and prohibit the carrying on within the municipality of 2600 
any trade, manufacture, business or profession which is, or may be, so 2601 
carried on as to become prejudicial to public health, conducive to fraud 2602 
and cheating, or dangerous to, or constituting an unreasonable 2603 
annoyance to, those living or owning property in the vicinity; 2604 
(iii) Regulate auctions and garage and tag sales; 2605 
(iv) Prohibit, restrain, license and regulate the business of peddlers, 2606 
auctioneers and junk dealers in a manner not inconsistent with the 2607 
general statutes; 2608 
(v) Regulate and prohibit swimming or bathing in the public or 2609 
exposed places within the municipality; 2610 
(vi) Regulate and license the operation of amusement parks and 2611     
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LCO No. 724   	86 of 108 
 
amusement arcades including, but not limited to, the regulation of 2612 
mechanical rides and the establishment of the hours of operation; 2613 
(vii) Prohibit, restrain, license and regulate all sports, exhibitions, 2614 
public amusements and performances and all places where games may 2615 
be played; 2616 
(viii) Preserve the public peace and good order, prevent and quell 2617 
riots and disorderly assemblages and prevent disturbing noises; 2618 
(ix) Establish a system to obtain a more accurate registration of births, 2619 
marriages and deaths than the system provided by the general statutes 2620 
in a manner not inconsistent with the general statutes; 2621 
(x) Control insect pests or plant diseases in any manner deemed 2622 
appropriate; 2623 
(xi) Provide for the health of the inhabitants of the municipality and 2624 
do all things necessary or desirable to secure and promote the public 2625 
health; 2626 
(xii) Regulate the use of streets, sidewalks, highways, public places 2627 
and grounds for public and private purposes; 2628 
(xiii) Make and enforce police, sanitary or other similar regulations 2629 
and protect or promote the peace, safety, good government and welfare 2630 
of the municipality and its inhabitants; 2631 
(xiv) Regulate, in addition to the requirements under section 7-282b, 2632 
the installation, maintenance and operation of any device or equipment 2633 
in a residence or place of business which is capable of automatically 2634 
calling and relaying recorded emergency messages to any state police 2635 
or municipal police or fire department telephone number or which is 2636 
capable of automatically calling and relaying recorded emergency 2637 
messages or other forms of emergency signals to an intermediate third 2638 
party which shall thereafter call and relay such emergency messages to 2639 
a state police or municipal police or fire department telephone number. 2640     
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LCO No. 724   	87 of 108 
 
Such regulations may provide for penalties for the transmittal of false 2641 
alarms by such devices or equipment; 2642 
(xv) Make and enforce regulations for the prevention and 2643 
remediation of housing blight, including regulations reducing 2644 
assessments and authorizing designated agents of the municipality to 2645 
enter property during reasonable hours for the purpose of remediating 2646 
blighted conditions, provided such regulations define housing blight 2647 
and require such municipality to give written notice of any violation to 2648 
the owner and occupant of the property and provide a reasonable 2649 
opportunity for the owner and occupant to remediate the blighted 2650 
conditions prior to any enforcement action being taken, and further 2651 
provided such regulations shall not authorize such municipality or its 2652 
designated agents to enter any dwelling house or structure on such 2653 
property, and including regulations establishing a duty to maintain 2654 
property and specifying standards to determine if there is neglect; 2655 
prescribe civil penalties for the violation of such regulations of not less 2656 
than ten or more than one hundred dollars for each day that a violation 2657 
continues and, if such civil penalties are prescribed, such municipality 2658 
shall adopt a citation hearing procedure in accordance with section 7-2659 
152c; 2660 
(xvi) Regulate, on any property owned by or under the control of the 2661 
municipality, any activity deemed to be deleterious to public health, 2662 
including the [lighting or carrying] burning of a lighted cigarette, cigar, 2663 
pipe or similar device, whether containing, wholly or in part, tobacco or 2664 
a cannabis-type substance, as defined in section 21a-240, and the use or 2665 
consumption of a cannabis-type substance, including, but not limited to, 2666 
electronic cannabis delivery systems, as defined in section 19a-342a, as 2667 
amended by this act, or vapor products, as defined in said section, 2668 
containing a cannabis-type substance. Municipalities may prohibit the 2669 
smoking of cannabis-type substances and the use of electronic cannabis 2670 
delivery systems and vapor products containing a cannabis-type 2671 
substance in the outdoor sections of a restaurant;  2672     
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LCO No. 724   	88 of 108 
 
Sec. 48. (NEW) (Effective July 1, 2020) (a) No institution of higher 2673 
education or hotel, motel or similar lodging shall prohibit the legal 2674 
consumption of a cannabis-type substance, as defined in section 21a-240 2675 
of the general statutes, in any nonpublic area of such institution, hotel, 2676 
motel or similar lodging. 2677 
(b) Notwithstanding the provisions of subsection (a) of this section, 2678 
an institution of higher education and hotel, motel and similar lodging 2679 
may prohibit the smoking of a cannabis-type substance and the use of 2680 
an electronic cannabis delivery system, as defined in section 19a-342a of 2681 
the general statutes, as amended by this act, and vapor product, as 2682 
defined in said section, containing a cannabis-type substance in any 2683 
location of such institution or hotel, motel or similar lodging. 2684 
Sec. 49. (NEW) (Effective July 1, 2020) (a) No employer shall be 2685 
required to make accommodations for an employee or be required to 2686 
allow an employee to: (1) Perform his or her duties while under the 2687 
influence of a cannabis-type substance, or (2) possess, use or otherwise 2688 
consume a cannabis-type substance while performing such duties. 2689 
(b) An employer may implement a policy prohibiting the possession, 2690 
use or other consumption of a cannabis-type substance by an employee, 2691 
except as provided in section 21a-408p of the general statutes, provided 2692 
such policy is: (1) In writing, (2) equally applicable to each employee, 2693 
and (3) provided to each employee prior to the enactment of such policy. 2694 
The employer shall provide any such enacted policy in writing to each 2695 
prospective employee at the time an offer of employment is made by the 2696 
employer to the prospective employee. An employer shall make 2697 
reasonable accommodations for an employee who uses cannabis for 2698 
medical purposes pursuant to chapter 420f of the general statutes. 2699 
(c) For purposes of this section, "employer" and "employee" have the 2700 
same meanings as provided in section 31-40q of the general statutes. 2701 
Sec. 50. (NEW) (Effective July 1, 2022) (a) As used in this section, (1) 2702 
"screening test" means a test of a person's blood, urine, hair or oral fluid 2703     
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to detect the general presence of a controlled substance or any other 2704 
drug, and (2) "cannabis" and "THC" have the same meanings as 2705 
provided in section 1 of this act.  2706 
(b) No employer shall fail to or refuse to hire a prospective employee 2707 
because the prospective employee submitted to a screening test and the 2708 
results of the screening test indicate the presence of cannabis or THC. 2709 
(c) If an employer requires an employee to submit to a screening test 2710 
within the first thirty days of employment, the employee shall have the 2711 
right to submit to an additional screening test, at his or her own expense, 2712 
to rebut the results of the initial screening test. The employer shall accept 2713 
and give appropriate consideration to the results of such additional 2714 
screening test. 2715 
(d) Except as otherwise provided by law, it shall be an unlawful 2716 
discriminatory practice for an employer, labor organization, 2717 
employment agency or agent thereof to require a prospective employee 2718 
to submit to testing for the presence of cannabis or THC in such 2719 
prospective employee's system as a condition of employment. 2720 
(e) The provisions of subsections (b) to (d), inclusive, of this section 2721 
shall not apply if the prospective employee is applying for a position as, 2722 
or if a current employee holds a position as: 2723 
(1) A firefighter; 2724 
(2) An emergency medical technician; 2725 
(3) A police officer or peace officer, or in a position with a law 2726 
enforcement or investigative function at a state or local agency; or 2727 
(4) An employee required to operate a motor vehicle, for which 2728 
federal or state law requires such employee to submit to screening tests, 2729 
including, but not limited to, any position requiring a commercial 2730 
driver's license. 2731     
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(f) The provisions of subsections (b) to (d), inclusive, of this section 2732 
shall not apply to: 2733 
(1) The extent that said provisions are inconsistent or otherwise in 2734 
conflict with the provisions of an employment contract or collective 2735 
bargaining agreement; 2736 
(2) To the extent that said provisions are inconsistent or otherwise in 2737 
conflict with any provision of federal law; 2738 
(3) A position of employment funded by a federal grant; 2739 
(4) Any position requiring certification of completion of a course in 2740 
construction safety and health approved by the United States 2741 
Department of Labor's occupational safety and health administration; 2742 
(5) Any position requiring the supervision or care of children, 2743 
medical patients or vulnerable persons; or 2744 
(6) Any position with the potential to adversely impact the health or 2745 
safety of employees or members of the public, in the determination of 2746 
the employer.  2747 
(g) The provisions of subsections (b) to (d), inclusive, of this section 2748 
shall not apply to drug testing required pursuant to: 2749 
(1) Any regulation promulgated by the federal Department of 2750 
Transportation, if such regulation requires testing of a prospective 2751 
employee in accordance with 49 CFR 40 or any regulation promulgated 2752 
by the Department of Transportation of this state adopting such federal 2753 
regulation for purposes of enforcing the requirements of such regulation 2754 
with respect to intrastate commerce; 2755 
(2) Any contract entered into between the federal government and an 2756 
employer or any grant of financial assistance from the federal 2757 
government to an employer that requires drug testing of prospective 2758 
employees as a condition of receiving the contract or grant; 2759     
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(3) Any federal or state statute, regulation or order that requires drug 2760 
testing of prospective employees for safety or security purposes; or 2761 
(4) Any applicant whose prospective employer is a party to a valid 2762 
collective bargaining agreement that specifically addresses 2763 
preemployment drug testing of such applicant. 2764 
(h) If an employer has violated any of the provisions of subsection 2765 
(b), (c) or (d) of this section, an individual aggrieved by such violation 2766 
may bring a civil action for judicial enforcement of such provisions in 2767 
the superior court for the judicial district where the violation is alleged 2768 
to have occurred or where the employer has its principal office. Any 2769 
individual who prevails in such civil action shall be awarded reasonable 2770 
attorney's fees and costs, to be taxed by the court. 2771 
Sec. 51. (NEW) (Effective July 1, 2022) (a) As used in this section and 2772 
sections 52 and 53 of this act: 2773 
(1) "Cannabis" has the same meaning as provided in section 1 of this 2774 
act; 2775 
(2) "Cannabis flower" means the flower of a plant of the genus 2776 
cannabis that has been harvested, dried and cured, and prior to any 2777 
processing whereby the flower material is transformed into a cannabis 2778 
product. "Cannabis flower" does not include (A) the leaves or stem of 2779 
such plant, or (B) industrial hemp, as defined in 7 USC 5940, as amended 2780 
from time to time; 2781 
(3) "Cannabis product" has the same meaning as provided in section 2782 
1 of this act; 2783 
(4) "Cannabis product manufacturing facility" has the same meaning 2784 
as provided in section 1 of this act; 2785 
(5) "Cannabis retailer" has the same meaning as provided in section 1 2786 
of this act; 2787     
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(6) "Cannabis trim" means all parts of a plant of the genus cannabis, 2788 
other than cannabis flowers, that have been harvested, dried and cured, 2789 
and prior to any processing whereby the plant material is transformed 2790 
into a cannabis product. "Cannabis trim" does not include industrial 2791 
hemp, as defined in 7 USC 5940, as amended from time to time; 2792 
(7) "Consumer" has the same meaning as provided in section 1 of this 2793 
act; 2794 
(8) "Municipality" has the same meaning as provided in section 1 of 2795 
this act; 2796 
(9) "Producer" has the same meaning as provided in section 1 of this 2797 
act; and 2798 
(10) "Wet cannabis" means the whole plant of the genus cannabis that 2799 
has been harvested and weighed within two hours of harvesting and 2800 
has not undergone any processing such as drying, curing, trimming or 2801 
increasing the ambient temperature in the room in which such plant is 2802 
held. 2803 
(b) (1) Beginning on the first day of the month in which a cannabis 2804 
product manufacturing facility may legally operate within the state or a 2805 
producer may legally sell cannabis, there is imposed a tax on the 2806 
following: 2807 
(A) On the first sale to a cannabis retailer in the state of cannabis 2808 
flowers, cannabis trim or wet cannabis, at the rate of (i) one dollar and 2809 
twenty-five cents per dry-weight gram of cannabis flowers, (ii) fifty 2810 
cents per dry-weight gram of cannabis trim, and (iii) twenty-eight cents 2811 
per gram of wet cannabis; or 2812 
(B) On the first use, by a cannabis product manufacturing facility or 2813 
a producer in the manufacture or production of a cannabis product, of 2814 
cannabis flowers, cannabis trim or wet cannabis, at the rate of (i) one 2815 
dollar and twenty-five cents per dry-weight gram of cannabis flowers, 2816     
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(ii) fifty cents per dry-weight gram of cannabis trim, and (iii) twenty-2817 
eight cents per gram of wet cannabis. 2818 
(c) On or before the last day of each month, each cannabis product 2819 
manufacturing facility and producer shall file with the Commissioner of 2820 
Revenue Services a return for the calendar month immediately 2821 
preceding. Such returns shall be in such form and contain such 2822 
information as the commissioner prescribes, and shall be accompanied 2823 
by a payment of the amount of the tax shown to be due thereon. 2824 
(d) If any person fails to pay the amount of tax reported due on its 2825 
report within the time specified under this section, there shall be 2826 
imposed a penalty equal to ten per cent of such amount due and unpaid, 2827 
or fifty dollars, whichever is greater. Such amount shall bear interest at 2828 
the rate of one per cent per month or fraction thereof, from the due date 2829 
of such tax until the date of payment. Subject to the provisions of section 2830 
12-3a of the general statutes, the commissioner may waive all or part of 2831 
the penalties provided under this section when it is proven to the 2832 
commissioner's satisfaction that the failure to pay any tax was due to 2833 
reasonable cause and was not intentional or due to neglect. 2834 
(e) Each person, other than a cannabis product manufacturing facility 2835 
or producer, who is required, on behalf of such facility or producer, to 2836 
collect, truthfully account for and pay over a tax imposed on such 2837 
facility or producer under this section and who wilfully fails to collect, 2838 
truthfully account for and pay over such tax or who wilfully attempts in 2839 
any manner to evade or defeat the tax or the payment thereof, shall, in 2840 
addition to other penalties provided by law, be liable for a penalty equal 2841 
to the total amount of the tax evaded, or not collected, or not accounted 2842 
for and paid over, including any penalty or interest attributable to such 2843 
wilful failure to collect or truthfully account for and pay over such tax 2844 
or such wilful attempt to evade or defeat such tax, provided such 2845 
penalty shall only be imposed against such person in the event that such 2846 
tax, penalty or interest cannot otherwise be collected from such facility 2847 
or producer. The amount of such penalty with respect to which a person 2848     
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may be personally liable under this section shall be collected in 2849 
accordance with the provisions of section 12-555a of the general statutes 2850 
and any amount so collected shall be allowed as a credit against the 2851 
amount of such tax, penalty or interest due and owing from the facility 2852 
or producer. The dissolution of the facility or producer shall not 2853 
discharge any person in relation to any personal liability under this 2854 
section for wilful failure to collect or truthfully account for and pay over 2855 
such tax or for a wilful attempt to evade or defeat such tax prior to 2856 
dissolution, except as otherwise provided in this section. For purposes 2857 
of this section, "person" includes any individual, corporation, limited 2858 
liability company or partnership and any officer or employee of any 2859 
corporation, including a dissolved corporation, and a member or 2860 
employee of any partnership or limited liability company who, as such 2861 
officer, employee or member, is under a duty to file a tax return under 2862 
this section on behalf of a cannabis product manufacturing facility or 2863 
producer or to collect or truthfully account for and pay over a tax 2864 
imposed under this section on behalf of such facility or producer. 2865 
(f) The provisions of sections 12-551 to 12-554, inclusive, and section 2866 
12-555a of the general statutes shall apply to the provisions of this 2867 
section in the same manner and with the same force and effect as if the 2868 
language of said sections had been incorporated in full into this section 2869 
and had expressly referred to the tax under this section, except to the 2870 
extent that any provision is inconsistent with a provision in this section. 2871 
(g) The commissioner may adopt regulations, in accordance with the 2872 
provisions of chapter 54 of the general statutes, to implement the 2873 
provisions of this section. 2874 
(h) At the close of each fiscal year in which the tax imposed under the 2875 
provisions of this section are received by the commissioner, the 2876 
Comptroller is authorized to record as revenue for such fiscal year the 2877 
amounts of such tax that are received by the commissioner not later than 2878 
five business days from the July thirty-first immediately following the 2879 
end of such fiscal year. 2880     
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Sec. 52. (NEW) (Effective July 1, 2022) (a) There is imposed a tax at the 2881 
rate of three per cent on the gross receipts from the sale of cannabis and 2882 
cannabis products by a cannabis retailer. Such tax shall be in addition to 2883 
the tax imposed under section 51 of this act and chapter 219 of the 2884 
general statutes. 2885 
(b) (1) On or before the last day of each month, each cannabis retailer 2886 
shall file with the tax collector of the municipality in which such retailer 2887 
is located and the Commissioner of Revenue Services a return reporting 2888 
such retailer's gross receipts from the sale of cannabis and cannabis 2889 
products during the calendar month immediately preceding and the 2890 
amount of the tax imposed under this section shown to be due thereon. 2891 
Such returns shall be in such form and contain such information as the 2892 
commissioner prescribes. The return filed with the tax collector shall be 2893 
accompanied by a payment of the amount of the tax shown to be due 2894 
thereon. 2895 
(2) The tax reported on such return shall be paid to the tax collector 2896 
of the municipality in which the cannabis retailer is located and shall 2897 
become part of the general revenue of the municipality. If a cannabis 2898 
retailer location is located in contiguous municipalities, such retailer 2899 
shall additionally file the return required under subdivision (1) of this 2900 
subsection with the tax collector of each such municipality and the tax 2901 
due under this section shall be evenly divided between or among the 2902 
relevant municipalities. 2903 
(c) (1) Whenever the commissioner makes a deficiency assessment for 2904 
any taxes payable to the state under chapter 219 of the general statutes, 2905 
the commissioner is authorized to make a deficiency assessment for any 2906 
taxes payable under this section to a municipality and to hold a hearing, 2907 
when requested by any cannabis retailer aggrieved by the action of the 2908 
commissioner in fixing the amount of any tax, penalty or interest 2909 
provided for by this section on or before the sixtieth day after notice of 2910 
such action is delivered or mailed to such person. 2911     
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(2) Any cannabis retailer aggrieved by a final determination of an 2912 
assessment under this section may, not later than thirty days after 2913 
service of notice upon the cannabis retailer of such determination, take 2914 
an appeal therefrom to the superior court for the judicial district of New 2915 
Britain in accordance with the provisions of section 12-422 of the general 2916 
statutes. 2917 
(d) (1) The deficiency assessment for any taxes payable under this 2918 
section to a municipality shall bear interest at the rate of one per cent 2919 
per month or fraction thereof from the date when the original tax was 2920 
due and payable. 2921 
(2) When it appears to the commissioner that any part of the 2922 
deficiency for which a deficiency assessment is made is due to 2923 
negligence or intentional disregard of the provisions of this section, 2924 
there shall be imposed a penalty equal to ten per cent of the amount of 2925 
such deficiency assessment, or fifty dollars, whichever is greater. 2926 
(3) When it appears to the commissioner that any part of the 2927 
deficiency for which a deficiency assessment is made is due to fraud or 2928 
intent to evade the provisions of this section, there shall be imposed a 2929 
penalty equal to twenty-five per cent of the amount of such deficiency 2930 
assessment. 2931 
(4) No taxpayer shall be subject to more than one penalty under this 2932 
section in relation to the same tax period. 2933 
(e) (1) Once a deficiency assessment for any taxes payable under this 2934 
section to a municipality is no longer the subject of a timely filed 2935 
administrative appeal to the commissioner or of a timely filed appeal 2936 
pending before any court of competent jurisdiction, the commissioner 2937 
may collect, on behalf of such municipality, such taxes, and all penalties 2938 
and interest added thereto by law, under the provisions of section 12-35 2939 
of the general statutes as if such taxes, penalties or interest due such 2940 
municipality were tax due the state, as such term is defined in section 2941 
12-35 of the general statutes, and as if such term expressly included 2942     
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taxes, penalties or interest due to such municipality. Such taxes, and all 2943 
penalties and interest added thereto by law, shall be treated, for 2944 
purposes of subsection (a) of section 12-39g of the general statutes and 2945 
subsection (a) of section 12-739 of the general statutes, as if they were 2946 
taxes due to the state. 2947 
(2) Any tax, penalty and interest collected under the provisions of 2948 
subdivision (1) of this subsection shall be paid to such municipality. 2949 
(f) Any consumer who purchases cannabis or cannabis products 2950 
and who overpays the tax under this section to a cannabis retailer may 2951 
submit a claim for refund with the Commissioner of Revenue Services 2952 
in accordance with the provisions of section 12-425 of the general 2953 
statutes, in such form and manner as the commissioner prescribes. The 2954 
commissioner shall notify the relevant tax collector of any amount to be 2955 
refunded and such refund shall be issued not later than thirty days after 2956 
such notification. No such consumer shall have a cause of action against 2957 
a cannabis retailer for the recovery of any such overpayment under any 2958 
provision of the general statutes. 2959 
Sec. 53. (NEW) (Effective July 1, 2022) (a) No exemption set forth in 2960 
chapter 219 of the general statutes shall apply to the sale, acceptance or 2961 
receipt of cannabis or cannabis products. 2962 
(b) No tax credit or credits shall be allowable against the tax imposed 2963 
under (1) section 51 or 52 of this act, or (2) chapter 219 of the general 2964 
statutes with respect to the sale, acceptance or receipt of cannabis or 2965 
cannabis products. 2966 
(c) Notwithstanding the provisions of section 12-425 of the general 2967 
statutes, no refunds shall be issued to a cannabis product manufacturing 2968 
facility, producer or cannabis retailer by the Commissioner of Revenue 2969 
Services or a municipal tax collector with respect to the tax under (1) 2970 
section 51 or 52 of this act, or (2) chapter 219 of the general statutes from 2971 
the sale, acceptance or receipt of cannabis or cannabis products. If the 2972 
commissioner determines that any tax, penalty or interest under section 2973     
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51 or 52 of this act or chapter 219 of the general statutes with respect to 2974 
the sale, acceptance or receipt of cannabis or cannabis products has been 2975 
unintentionally paid more than once or has been erroneously or illegally 2976 
collected or computed, the commissioner may allow such amount to be 2977 
used to offset the tax liability of the facility, producer or retailer in future 2978 
taxable periods. If the commissioner makes such a determination with 2979 
respect to any tax, penalty or interest under section 52 of this act, the 2980 
commissioner shall notify the relevant municipal tax collector. 2981 
Sec. 54. Subdivision (120) of section 12-412 of the 2020 supplement to 2982 
the general statutes is repealed and the following is substituted in lieu 2983 
thereof (Effective July 1, 2022): 2984 
(120) [On and after April 1, 2015, sales] Sales of the following 2985 
nonprescription drugs or medicines available for purchase for use in or 2986 
on the body: Vitamin or mineral concentrates; dietary supplements; 2987 
natural or herbal drugs or medicines; products intended to be taken for 2988 
coughs, cold, asthma or allergies, or antihistamines; laxatives; 2989 
antidiarrheal medicines; analgesics; antibiotic, antibacterial, antiviral 2990 
and antifungal medicines; antiseptics; astringents; anesthetics; steroidal 2991 
medicines; anthelmintics; emetics and antiemetics; antacids; and any 2992 
medication prepared to be used in the eyes, ears or nose. 2993 
Nonprescription drugs or medicines [shall] do not include cosmetics, 2994 
[dentrifrices] dentifrices, mouthwash, shaving and hair care products, 2995 
soaps, [or] deodorants or products containing cannabis, as defined in 2996 
section 1 of this act, or cannabinoids, other than palliative marijuana 2997 
sold under the provisions of chapter 420f. 2998 
Sec. 55. (NEW) (Effective from passage) Notwithstanding the provisions 2999 
of chapter 228d of the general statutes, revision of 1958, revised to 3000 
January 1, 2019, any potential liabilities or outstanding assessments 3001 
under said chapter that are (1) for any period prior to July 1, 2022, and 3002 
(2) related to the sale, purchase, acquisition or possession within the 3003 
state or transport or importation into the state of marijuana, as defined 3004 
in section 21a-240 of the general statutes, shall be cancelled. The 3005     
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Commissioner of Revenue Services may take any action necessary to 3006 
effectuate the cancellation of such liabilities and assessments. No 3007 
cancellation pursuant to this section shall entitle any person affected by 3008 
such cancellation to a refund or credit of any amount previously paid or 3009 
collected. 3010 
Sec. 56. Section 12-650 of the general statutes is repealed and the 3011 
following is substituted in lieu thereof (Effective July 1, 2022): 3012 
As used in this chapter: 3013 
(1) ["Marijuana" means any marijuana, whether real or counterfeit, as 3014 
defined in subdivision (29) of section 21a-240] "Cannabis" means any 3015 
cannabis, as defined in section 1 of this act, that is held, possessed, 3016 
transported, sold or offered to be sold in violation of any provision of 3017 
the general statutes; 3018 
(2) "Cannabis concentrate" has the same meaning as provided in 3019 
section 1 of this act; 3020 
(3) "Cannabis product" has the same meaning as provided in section 3021 
1 of this act; 3022 
(4) "THC" has the same meaning as provided in section 1 of this act; 3023 
[(2)] (5) "Controlled substance" means any controlled substance, as 3024 
defined in [subdivision (9) of] section 21a-240, that is held, possessed, 3025 
transported, sold or offered to be sold in violation of any provision of 3026 
the general statutes; 3027 
 [(3)] (6) "Dealer" means any person who, in violation of any provision 3028 
of the general statutes, manufactures, produces, ships, transports, or 3029 
imports into the state or in any manner acquires or possesses more than 3030 
forty-two and one-half grams of [marijuana] cannabis or seven or more 3031 
grams of any controlled substance or ten or more dosage units of any 3032 
controlled substance [which] that is not sold by weight; and 3033     
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[(4)] (7) "Commissioner" means the Commissioner of Revenue 3034 
Services.  3035 
Sec. 57. Section 12-651 of the general statutes is repealed and the 3036 
following is substituted in lieu thereof (Effective July 1, 2022): 3037 
(a) A tax is imposed on any [marijuana] cannabis or controlled 3038 
substances purchased, acquired, transported or imported into the state. 3039 
Payment thereof shall be evidenced by [the permanent affixing of 3040 
stamps on the marijuana] documentation provided by the commissioner 3041 
under subsection (c) of section 12-652, as amended by this act, for any 3042 
cannabis or controlled substance [immediately after receipt. Each stamp 3043 
or other official indicia] for which tax is due under this chapter. Any 3044 
such documentation may be used only once. 3045 
(b) (1) The tax imposed pursuant to this section shall be at the 3046 
following rates:  3047 
[(1)] (A) On each [gram of marijuana or portion of a gram, three 3048 
dollars and fifty cents,] ounce of cannabis plant material, four hundred 3049 
dollars; 3050 
(B) On each milligram of THC contained in a cannabis product, ten 3051 
dollars; 3052 
(C) On each gram of cannabis concentrate, one hundred dollars; 3053 
(D) On each immature plant of the genus cannabis, two hundred 3054 
dollars; 3055 
(E) On each mature plant of the genus cannabis, one thousand 3056 
dollars, but not to exceed four hundred dollars per ounce of cannabis 3057 
plant material; and  3058 
[(2) on] (F) On each gram of a controlled substance, or portion of a 3059 
gram, two hundred dollars or on each fifty dosage units of a controlled 3060 
substance that is not sold by weight, or portion thereof, two thousand 3061     
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dollars. 3062 
(2) For the purpose of calculating the tax due under this section, an 3063 
ounce [of marijuana] or gram of cannabis or other controlled substance 3064 
is measured by the weight of the cannabis or substance in the dealer's 3065 
possession. 3066 
[(c) Any tax imposed pursuant to this section is due and payable 3067 
immediately upon acquisition or possession in this state by a dealer.]  3068 
Sec. 58. Section 12-652 of the general statutes is repealed and the 3069 
following is substituted in lieu thereof (Effective July 1, 2022): 3070 
(a) No dealer may possess any [marijuana] cannabis or controlled 3071 
substance upon which a tax is imposed pursuant to section 12-651, as 3072 
amended by this act, unless the tax has been paid on the [marijuana] 3073 
cannabis or controlled substance as evidenced by [a stamp or other 3074 
official indicia] documentation provided by the commissioner under 3075 
subsection (c) of this section.  3076 
(b) Each dealer shall pay one hundred per cent of the tax due under 3077 
section 12-651, as amended by this act, within thirty days prior to the 3078 
purchase, acquisition, transportation, importation or possession of 3079 
cannabis or a controlled substance within this state.  3080 
(c) The commissioner shall provide documentation, in such form and 3081 
manner as prescribed by the commissioner, to each dealer who pays 3082 
such tax. Such documentation shall be valid for thirty days from the date 3083 
of issuance and the dealer may use such documentation as evidence of 3084 
payment of such tax. 3085 
Sec. 59. Section 12-655 of the general statutes is repealed and the 3086 
following is substituted in lieu thereof (Effective July 1, 2022): 3087 
(a) Each dealer shall keep complete and accurate records of all 3088 
[marijuana] cannabis or controlled substances on which a tax [is 3089 
imposed] has been paid. Such records shall be a kind and in such form 3090     
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as the commissioner may prescribe and shall be preserved for three 3091 
years in such manner as to [insure] ensure permanency and accessibility 3092 
for inspection by the commissioner or [his] the commissioner's 3093 
authorized agents. The commissioner and [his] the commissioner's 3094 
authorized agents may examine the books, papers and records of any 3095 
dealer for the purpose of determining whether the tax imposed by this 3096 
chapter has been paid and may examine any [marijuana] cannabis or 3097 
controlled substances upon any premises where such [marijuana] 3098 
cannabis or controlled substances are possessed to determine if the 3099 
provisions of this chapter are being obeyed. 3100 
(b) (1) If, after an examination of the invoices, books and records of a 3101 
dealer, or if, from any other information obtained by [him or his] the 3102 
commissioner or the commissioner's authorized agents, the 3103 
commissioner determines that the dealer has not [purchased sufficient 3104 
stamps] paid sufficient tax to cover [his] the dealer's receipts and sales 3105 
or other disposition of any [marijuana] cannabis or controlled 3106 
substances, [he] the commissioner shall thereupon assess the deficiency 3107 
in tax.  3108 
(2) There shall be imposed a penalty of ten per cent of the deficiency 3109 
or fifty dollars, whichever amount is greater, and interest shall accrue 3110 
on the tax at the rate of one per cent per month from the due date of such 3111 
tax to the date of payment. In any case where a dealer cannot produce 3112 
[evidence of sufficient stamp purchases to cover] documentation 3113 
provided by the commissioner under subsection (c) of section 12-652, as 3114 
amended by this act, that covers the receipt of any [marijuana] cannabis 3115 
or controlled substances, [it shall be presumed] the commissioner shall 3116 
presume that such [marijuana] cannabis or controlled substances were 3117 
sold without having the proper [stamps affixed] tax paid. If the 3118 
commissioner determines that the deficiency or any part thereof is due 3119 
to a fraudulent intent to evade the tax, there shall be imposed a penalty 3120 
of twenty-five per cent of the deficiency and interest shall accrue on the 3121 
tax at the rate of one per cent per month or fraction thereof from the due 3122 
date of such tax to the date of payment. Subject to the provisions of 3123     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	103 of 108 
 
section 12-3a, the commissioner may waive all or part of the penalties 3124 
provided under this chapter when it is proven to [his] the 3125 
commissioner's satisfaction that the failure to pay any tax on time was 3126 
due to reasonable cause and was not intentional or due to neglect.  3127 
(3) The amount of any tax, penalty or interest due and unpaid under 3128 
the provisions of this chapter may be collected under the provisions of 3129 
section 12-35. The warrant therein provided for shall be signed by the 3130 
commissioner or [his] the commissioner's authorized agent. The amount 3131 
of any such tax, penalty and interest shall be a lien, from the last day of 3132 
the month next preceding the due date of such tax until discharged by 3133 
payment, against all real estate of the taxpayer within the state, and a 3134 
certificate of such lien signed by the commissioner may be filed for 3135 
record in the office of the clerk of any town in which such real estate is 3136 
situated, provided no such lien shall be effective as against any bona 3137 
fide purchaser or qualified encumbrancer of any interest in any such 3138 
property. When any tax with respect to which a lien has been recorded 3139 
under the provisions of this section has been satisfied, the 3140 
commissioner, upon request of any interested party, shall issue a 3141 
certificate discharging such lien, which certificate shall be recorded in 3142 
the same office in which the lien is recorded. Any action for the 3143 
foreclosure of such lien shall be brought by the Attorney General in the 3144 
name of the state in the superior court for the judicial district in which 3145 
the property subject to such lien is situated, or, if such property is 3146 
located in two or more judicial districts, in the superior court for any one 3147 
such judicial district, and the court may limit the time for redemption or 3148 
order the sale of such property or make such other or further decree as 3149 
it judges equitable. 3150 
(c) Except in the case of a wilfully false or fraudulent intent to evade 3151 
the tax, no assessment of additional tax with respect to any return shall 3152 
be made after the expiration of more than three years from the date of 3153 
the filing of such return or from the original due date of such return, 3154 
whichever is later, provided, if no return has been filed as provided in 3155 
this chapter, the Commissioner of Revenue Services may determine the 3156     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	104 of 108 
 
amount of tax due from the best information available and assess such 3157 
tax together with statutory penalties and interest at any time. If prior to 3158 
the expiration of the period prescribed in this section for the assessment 3159 
of additional tax, a taxpayer has consented in writing that such period 3160 
may be extended, the amount of such additional tax due may be 3161 
determined at any time within such extended period. Any such 3162 
extended period may be further extended by consent in writing before 3163 
the expiration of such extended period. 3164 
(d) The provisions of sections 12-553 and 12-554 shall apply to the 3165 
provisions of this chapter in the same manner and with the same force 3166 
and effect as if the language of said sections had been incorporated in 3167 
full into [said] this chapter and had expressly referred to the tax 3168 
imposed under [said] this chapter, except to the extent that any such 3169 
provision is inconsistent with a provision of [said] this chapter.  3170 
Sec. 60. Section 12-656 of the general statutes is repealed and the 3171 
following is substituted in lieu thereof (Effective July 1, 2022): 3172 
(a) The commissioner and any agent of the commissioner authorized 3173 
to conduct any inquiry, investigation or hearing hereunder shall have 3174 
power to administer oaths and take testimony under oath relative to the 3175 
matter of inquiry or investigation.  3176 
(b) At any hearing ordered by the commissioner, the commissioner 3177 
or [his] the commissioner's agent authorized to conduct such hearing 3178 
and having authority by law to issue such process may subpoena 3179 
witnesses and require the production of books, papers and documents 3180 
pertinent to such inquiry. If any person disobeys such process or, having 3181 
appeared in obedience thereto, refuses to answer any pertinent question 3182 
[put to him by the commissioner or his authorized agent] or to produce 3183 
any books and papers pursuant thereto, the commissioner or such agent 3184 
may apply to the superior court of the judicial district wherein the 3185 
taxpayer resides or wherein the business has been conducted, or to any 3186 
judge of said court if the same is not in session, setting forth such 3187     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	105 of 108 
 
disobedience to process or refusal to answer, and said court or such 3188 
judge shall cite such person to appear before said court or such judge to 3189 
answer such question or to produce such books and papers, and, upon 3190 
[his] such person's refusal so to do, shall commit [him] such person to a 3191 
community correctional center until he or she testifies, but not for a 3192 
longer period than sixty days. Notwithstanding the serving of the term 3193 
of such commitment by any person, the commissioner may proceed in 3194 
all respects with such inquiry and examination as if the witness had not 3195 
previously been called upon to testify.  3196 
(c) Officers who serve subpoenas issued by the commissioner or 3197 
under [his] the commissioner's authority and witnesses attending 3198 
hearings conducted by [him] commissioner hereunder shall receive fees 3199 
and compensation at the same rates as officers and witnesses in the 3200 
courts of this state, to be paid on vouchers of the commissioner on order 3201 
of the Comptroller from the proper appropriation for the administration 3202 
of this chapter.  3203 
Sec. 61. Section 12-658 of the general statutes is repealed and the 3204 
following is substituted in lieu thereof (Effective July 1, 2022): 3205 
 The provisions of this chapter shall not be construed to require 3206 
persons lawfully in possession of [marijuana] cannabis or a controlled 3207 
substance pursuant to any provision of the general statutes to pay the 3208 
tax imposed pursuant to section 12-651, as amended by this act.  3209 
Sec. 62. Section 12-659 of the general statutes is repealed and the 3210 
following is substituted in lieu thereof (Effective July 1, 2022): 3211 
Notwithstanding the provisions of the Freedom of Information Act, 3212 
as defined in section 1-200, or any other provision of law, the 3213 
commissioner shall withhold from disclosure to any person any 3214 
information contained in a report or return required under this chapter. 3215 
No information contained in such report or return may be used against 3216 
the dealer in any criminal proceeding, unless otherwise obtained, except 3217 
in connection with a proceeding involving taxes due under this chapter 3218     
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LCO No. 724   	106 of 108 
 
from the taxpayer making the return.  3219 
Sec. 63. Section 12-660 of the 2020 supplement to the general statutes 3220 
is repealed and the following is substituted in lieu thereof (Effective July 3221 
1, 2022): 3222 
(a) Any dealer who violates any provision of [this chapter] section 12-3223 
651, as amended by this act, 12-652, as amended by this act, or 12-655, 3224 
as amended by this act, shall pay a penalty of one hundred per cent of 3225 
the tax in addition to the tax imposed pursuant to section 12-651, as 3226 
amended by this act. 3227 
(b) In addition to the penalty imposed pursuant to subsection (a) of 3228 
this section, any person who violates any provision of [this chapter] 3229 
section 12-651, as amended by this act, 12-652, as amended by this act, 3230 
or 12-655, as amended by this act, shall be fined not more than ten 3231 
thousand dollars or imprisoned not more than six years, or both. 3232 
[(c) Notwithstanding the provisions of subsection (c) of section 54-3233 
193, a person may be prosecuted for a violation of any provision of this 3234 
chapter more than five years after such violation.] 3235 
Sec. 64. Sections 12-653 and 12-654 of the general statutes are 3236 
repealed. (Effective July 1, 2022) 3237 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage New section 
Sec. 2 July 1, 2020 21a-279(a) 
Sec. 3 July 1, 2020 21a-279a 
Sec. 4 July 1, 2020 54-142d 
Sec. 5 July 1, 2021 New section 
Sec. 6 July 1, 2022 New section 
Sec. 7 July 1, 2020 New section 
Sec. 8 July 1, 2022 New section 
Sec. 9 July 1, 2020 New section 
Sec. 10 April 1, 2022 14-227a(b) to (e)     
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LCO No. 724   	107 of 108 
 
Sec. 11 April 1, 2022 14-227b 
Sec. 12 April 1, 2022 14-227c 
Sec. 13 April 1, 2022 14-44k(c) 
Sec. 14 April 1, 2022 14-227n(a)(3) 
Sec. 15 April 1, 2022 New section 
Sec. 16 April 1, 2022 15-140q 
Sec. 17 April 1, 2022 15-140r 
Sec. 18 from passage New section 
Sec. 19 from passage New section 
Sec. 20 July 1, 2022 New section 
Sec. 21 July 1, 2022 New section 
Sec. 22 July 1, 2022 New section 
Sec. 23 July 1, 2022 New section 
Sec. 24 from passage New section 
Sec. 25 July 1, 2022 New section 
Sec. 26 from passage New section 
Sec. 27 July 1, 2020 New section 
Sec. 28 July 1, 2022 New section 
Sec. 29 July 1, 2022 New section 
Sec. 30 July 1, 2022 21a-408t 
Sec. 31 July 1, 2022 New section 
Sec. 32 July 1, 2022 New section 
Sec. 33 July 1, 2022 New section 
Sec. 34 July 1, 2022 New section 
Sec. 35 from passage New section 
Sec. 36 July 1, 2022 New section 
Sec. 37 from passage New section 
Sec. 38 from passage New section 
Sec. 39 from passage New section 
Sec. 40 July 1, 2022 21a-243(e) 
Sec. 41 July 1, 2020 New section 
Sec. 42 October 1, 2020 19a-342 
Sec. 43 October 1, 2020 19a-342a 
Sec. 44 October 1, 2020 31-40q 
Sec. 45 July 1, 2020 New section 
Sec. 46 July 1, 2022 New section 
Sec. 47 October 1, 2020 7-148(c)(7)(H) 
Sec. 48 July 1, 2020 New section 
Sec. 49 July 1, 2020 New section     
Governor's Bill No.  16 
 
 
 
LCO No. 724   	108 of 108 
 
Sec. 50 July 1, 2022 New section 
Sec. 51 July 1, 2022 New section 
Sec. 52 July 1, 2022 New section 
Sec. 53 July 1, 2022 New section 
Sec. 54 July 1, 2022 12-412(120) 
Sec. 55 from passage New section 
Sec. 56 July 1, 2022 12-650 
Sec. 57 July 1, 2022 12-651 
Sec. 58 July 1, 2022 12-652 
Sec. 59 July 1, 2022 12-655 
Sec. 60 July 1, 2022 12-656 
Sec. 61 July 1, 2022 12-658 
Sec. 62 July 1, 2022 12-659 
Sec. 63 July 1, 2022 12-660 
Sec. 64 July 1, 2022 Repealer section 
 
Statement of Purpose:   
To implement the Governor's budget recommendations.  
 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]