CT
Connecticut Senate Bill SB00452

Connecticut 2020 Regular Session

Connecticut Senate Bill SB00452 Compare Versions

Only one version of the bill is available at this time.
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33 LCO No. 2826 1 of 25
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55 General Assembly Raised Bill No. 452
66 February Session, 2020
77 LCO No. 2826
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1010 Referred to Committee on ENVIRONMENT
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1313 Introduced by:
1414 (ENV)
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1919 AN ACT CONCERNING RE VISIONS TO THE STATE'S HEMP
2020 PROGRAM.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Section 22-61l of the 2020 supplement to the general statutes 1
2525 is repealed and the following is substituted in lieu thereof (Effective from 2
2626 passage): 3
2727 (a) For the purpose of this section and section 22-61m, as amended by 4
2828 this act, the following terms have the same meaning as provided in 7 5
2929 CFR 990.1, as amended from time to time: "Acceptable hemp THC level", 6
3030 "Agricultural marketing service", "Cannabis", "Conviction", "Corrective 7
3131 action plan", "Culpable mental state greater than negligence", 8
3232 "Decarboxylated", "Decarboxylation", "Dry weight basis", "Gas 9
3333 chromatography", "Geospatial location", "Handle", "High-performance 10
3434 liquid chromatography", "Information sharing system", "Measurement 11
3535 of uncertainty", "Negligence", "Phytocannabinoid", 12
3636 "Postdecarboxylation" and "Reverse distributor". Additionally, for the 13
3737 purpose of such sections: 14
3838 (1) "Cannabidiol" or "CBD" means [the nonpsychotropic compound 15 Raised Bill No. 452
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4040
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4444 by the same name] cannabinoid extract and with a [delta-9 16
4545 tetrahydrocannabinol] THC concentration of not more than 0.3 per cent 17
4646 on a dry weight basis derived from hemp; [, as defined in the federal 18
4747 act;] 19
4848 (2) "Certificate of analysis" means a certificate from a laboratory 20
4949 describing the results of the laboratory's testing of a sample; 21
5050 [(3) "Certified seed" means hemp seed for which a certificate or any 22
5151 other instrument has been issued by an agency authorized under the 23
5252 laws of a state, territory or possession of the United States to officially 24
5353 certify hemp seed and that has standards and procedures approved by 25
5454 the United States Secretary of Agriculture to assure the genetic purity 26
5555 and identity of the hemp seed certified;] 27
5656 [(4)] (3) "Commissioner" means the Commissioner of Agriculture, or 28
5757 the commissioner's designated agent; 29
5858 [(5) "Consumable" means hemp products intended for human 30
5959 ingestion, inhalation, absorption or other internal consumption, that 31
6060 contains a THC concentration of not more than 0.3 per cent on a dry 32
6161 weight basis;] 33
6262 [(6)] (4) "Cultivate" means [planting, growing and harvesting a plant 34
6363 or] to plant, grow, harvest, handle and store a plant or crop; [for 35
6464 commercial or research purposes;] 36
6565 [(7)] (5) "Federal act" means the United States Agricultural Marketing 37
6666 Act of 1946, 7 USC [1621] 1639o et seq., as amended from time to time; 38
6767 [(8)] (6) "Department" means the Department of Agriculture; 39
6868 [(9) "Grower" means a person in the state licensed by the 40
6969 commissioner to cultivate, grow, harvest, handle, store and market 41
7070 hemp pursuant to the federal act, the provisions of this section and the 42
7171 regulations adopted pursuant to this section;] 43
7272 [(10) "Handle" means possessing or storing hemp for any period of 44 Raised Bill No. 452
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7878 time on premises owned, operated or controlled by a person licensed to 45
7979 cultivate or process hemp, and includes possessing or transporting 46
8080 hemp;] 47
8181 [(11)] (7) "Hemp" has the same meaning as provided in the federal 48
8282 act; 49
8383 [(12)] (8) "Hemp products" means [products with a delta-9 50
8484 tetrahydrocannabinol concentration of not more than 0.3 per cent on a 51
8585 dry weight basis derived from, or made by, the processing of hemp 52
8686 plants or hemp plant parts] all manufacturer hemp products and 53
8787 producer hemp products; 54
8888 [(13)] (9) "Independent testing laboratory" means a facility: 55
8989 (A) For which no person who has any direct or indirect financial or 56
9090 managerial interest in the laboratory and also has any direct or indirect 57
9191 interest in a facility that: 58
9292 (i) [Processes, cultivates] Produces, distributes, manufactures or sells 59
9393 hemp or hemp products, or marijuana in any state or territory of the 60
9494 United States; or 61
9595 (ii) Cultivates, processes, distributes, dispenses or sells marijuana; 62
9696 and 63
9797 (B) That is accredited as a laboratory in compliance with section 21a-64
9898 408-59 of the regulations of Connecticut state agencies; 65
9999 [(14)] (10) "Laboratory" means a laboratory [located in the state that 66
100100 is licensed by the Department of Consumer Protection to provide 67
101101 analysis of controlled substances pursuant to section 21a-246, The 68
102102 University of Connecticut, the Connecticut Agricultural Experiment 69
103103 Station, the Department of Public Health, the United States Food and 70
104104 Drug Administration, the United States Department of Agriculture or a 71
105105 facility] that meets the [following additional criteria] requirements of 7 72
106106 CFR 990.3 and that is accredited as a testing laboratory to International 73
107107 Organization for Standardization (ISO) 17025 by a third-party 74 Raised Bill No. 452
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113113 accrediting body such as the American Association for Laboratory 75
114114 Accreditation or the Assured Calibration and Laboratory Accreditation 76
115115 Select Services; 77
116116 [(15)] (11) "Law enforcement agency" means the Connecticut State 78
117117 Police, the United States Drug Enforcement Administration, the 79
118118 Department of Agriculture, the Department of Consumer Protection 80
119119 Drug Control Division or any other federal, state or local law 81
120120 enforcement agency or drug suppression unit; 82
121121 [(16)] (12) "Licensee" means a person who possesses a license to 83
122122 [cultivate, process] produce or manufacture hemp or hemp products in 84
123123 this state; 85
124124 [(17)] (13) "Manufacture" means the conversion of [hemp for the 86
125125 purpose of creating a consumable] the hemp plant into a by-product by 87
126126 means of adding heat, solvents or any method of extraction that 88
127127 modifies the original composition of the plant for the purpose of 89
128128 creating a manufacturer hemp product for commercial or research 90
129129 purposes; 91
130130 [(18)] (14) "Manufacturer" means a person in the state licensed by the 92
131131 Commissioner of Consumer Protection to manufacture, handle, store 93
132132 and market manufacturer hemp products pursuant to the [federal act, 94
133133 the] provisions of section 22-61m, as amended by this act, and any 95
134134 regulation adopted pursuant to section 22-61m, as amended by this act; 96
135135 [(19)] (15) "Marijuana" has the same meaning as provided in section 97
136136 21a-240, as amended by this act; 98
137137 [(20)] (16) "Market" or "marketing" means promoting, distributing or 99
138138 selling a hemp product within the state, in another state or outside of 100
139139 the United States and includes efforts to advertise and gather 101
140140 information about the needs or preferences of potential consumers or 102
141141 suppliers; 103
142142 [(21)] (17) "On-site manager" means the individual designated by the 104 Raised Bill No. 452
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148148 [licensee] producer license applicant or producer responsible for on-site 105
149149 management and operations of a licensed [grower or licensed processor] 106
150150 producer; 107
151151 [(22)] (18) "Pesticide" has the same meaning as "pesticide chemical" as 108
152152 provided in section 21a-92; 109
153153 [(23) "Plot"] (19) "Lot" means a contiguous area in a field, greenhouse 110
154154 or indoor growing structure containing the same variety or strain of 111
155155 hemp throughout the area; 112
156156 [(24)] (20) "Post-harvest sample" means a representative sample of the 113
157157 form of hemp taken from the harvested hemp from a particular [plot's] 114
158158 lot's harvest that is collected in accordance with the procedures 115
159159 established by the commissioner; 116
160160 [(25)] (21) "Pre-harvest sample" means a composite, representative 117
161161 portion from plants in a hemp [plot] lot, that is collected in accordance 118
162162 with the procedures established by the commissioner; 119
163163 [(26) "Process"] (22) "Produce" means [using or converting hemp for 120
164164 the purpose of creating a form of the commodity, that is not a 121
165165 consumable, for commercial or research purposes] to cultivate hemp or 122
166166 create any producer hemp product; 123
167167 [(27) "Processor" means a person in the state licensed by the 124
168168 commissioner to process, handle, store and market hemp pursuant to 125
169169 the federal act, the provisions of this section and any regulation adopted 126
170170 pursuant to this section;] 127
171171 [(28)] (23) "State plan" means a state plan, as described in the federal 128
172172 act and as authorized pursuant to this section; 129
173173 [(29) "Signing authority" means an officer or agent of the applicant 130
174174 with written authorization of such applicant to commit the applicant to 131
175175 a binding agreement;] 132
176176 [(30)] (24) "THC" means delta-9-tetrahydrocannabinol; 133 Raised Bill No. 452
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182182 [(31)] (25) "Homogenize" means to blend hemp into a mixture that 134
183183 has a uniform quality and content throughout such mixture; [and] 135
184184 [(32) "Business entity" means any corporation, limited liability 136
185185 company, association or partnership.] 137
186186 (26) "Controlled Substances Act" or "CSA" means the Controlled 138
187187 Substances Act as codified in 21 USC 801 et seq.; 139
188188 (27) "Criminal history report" means the Federal Bureau of 140
189189 Investigation's Identity History Summary; 141
190190 (28) "Drug Enforcement Administration" or "DEA" means the United 142
191191 States Drug Enforcement Administration; 143
192192 (29) "Farm service agency" or "FSA" means an agency of the United 144
193193 States Department of Agriculture; 145
194194 (30) "Key participant" means a sole proprietor, a partner in 146
195195 partnership or a person with executive managerial control in an entity, 147
196196 including persons such as a chief executive officer, chief operating 148
197197 officer and chief financial officer; 149
198198 (31) "Manufacturer hemp product" means a commodity 150
199199 manufactured from the hemp plant, for commercial or research 151
200200 purposes, that is intended for human ingestion, inhalation, absorption 152
201201 or other internal consumption, that contains a THC concentration of not 153
202202 more than 0.3 per cent on a dry weight basis or per volume or weight of 154
203203 such manufactured hemp product; 155
204204 (32) "Producer" means an individual or entity licensed by the 156
205205 commissioner to produce and market producer hemp products 157
206206 pursuant to the federal act, the state plan, the provisions of this section 158
207207 and the regulations adopted pursuant to this section; 159
208208 (33) "Producer hemp product" means any of the following produced 160
209209 in this state: Raw hemp product, fiber-based hemp product or animal 161
210210 hemp food product, and each of which contains a THC concentration of 162 Raised Bill No. 452
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216216 not more than 0.3 per cent on a dry weight basis; and 163
217217 (34) "USDA" means the United States Department of Agriculture. 164
218218 (b) The Commissioner of Agriculture shall establish and operate an 165
219219 agricultural pilot program, as defined in 7 USC 5940, as amended from 166
220220 time to time, for hemp research to enable the department, and its 167
221221 licensees, to study methods of [cultivating, processing] producing and 168
222222 marketing hemp. All [grower and processor] producer licensees 169
223223 licensed pursuant to this section shall be participants in the state 170
224224 agricultural pilot program for hemp research. Until such time as said 171
225225 commissioner adopts regulations, in accordance with the provisions of 172
226226 chapter 54, the Department of Agriculture shall utilize procedures and 173
227227 guidance policies that the commissioner deems to be consistent with the 174
228228 provisions of 7 USC 5940, as amended from time to time, provided such 175
229229 procedures and guidance policies shall, at a minimum, require: (1) The 176
230230 commissioner to certify and register any site used to grow hemp, (2) any 177
231231 person who [grows] produces hemp to produce plants that meet the 178
232232 definition of hemp and verify such, (3) the maintenance of records by 179
233233 any person who grows hemp and the availability of inspection of such 180
234234 records by the commissioner, and (4) verification of compliance with the 181
235235 definition of hemp by a laboratory, at the expense of any licensee. The 182
236236 provisions of this section shall take precedence over any such procedure 183
237237 or guidance policy. Participants in the state agricultural pilot program 184
238238 for hemp research shall be licensed in accordance with the provisions of 185
239239 this section. Such pilot program shall operate until the earlier of the date 186
240240 of a fully approved state plan under the federal act, as described in this 187
241241 section, or the date of repeal of the federal law permitting the state's 188
242242 agricultural pilot program for hemp research. 189
243243 (c) (1) The commissioner shall prepare a state plan in accordance with 190
244244 the federal act and 7 CFR 990.3, for approval by the Governor, [and 191
245245 Attorney General,] in consultation with the office of the Chief State's 192
246246 Attorney and the Attorney General. The state plan, once approved by 193
247247 the Governor and the Attorney General, shall be submitted by the 194
248248 commissioner to the United States Secretary of Agriculture for his or her 195 Raised Bill No. 452
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254254 approval. The commissioner shall have the authority to amend the state 196
255255 plan, in consultation with the Governor, [and] the Attorney General [in 197
256256 consultation with] and the office of the Chief State's Attorney, as 198
257257 necessary to comply with the federal act. 199
258258 (2) The commissioner shall operate the state plan, which shall 200
259259 include, at a minimum, the following requirements: 201
260260 (A) The sampling of hemp shall comply, at a minimum, with 7 CFR 202
261261 990.3(a)(2); 203
262262 (B) The testing of hemp shall comply, at a minimum, with 7 CFR 204
263263 990.3(a)(3); 205
264264 (C) The control and disposal of noncompliant cannabis plants shall 206
265265 comply with 7 CFR 990.27; 207
266266 (D) The department shall comply with all recordkeeping and 208
267267 reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 209
268268 990.71, inclusive; 210
269269 (E) The department shall comply with enforcement procedures in 7 211
270270 CFR 990.6; 212
271271 (F) The department shall conduct annual inspections of, at a 213
272272 minimum, a random sample of producers to verify that hemp is not 214
273273 produced in violation of the federal act, the state plan and the provisions 215
274274 of this section, and shall enforce any violation as provided for in the 216
275275 federal act and as defined in 7 CFR 990.6; 217
276276 (G) Producers shall report their required license, lot and hemp crop 218
277277 acreage information to FSA, in accordance with the requirements in 7 219
278278 CFR 990.7; and 220
279279 (H) Producers shall report to the commissioner the total acreage of 221
280280 hemp planted, harvested and, if applicable, disposed of, and such other 222
281281 information as the commissioner may require. 223 Raised Bill No. 452
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287287 (3) All sampling and testing of hemp shall be done using protocols 224
288288 that are at least as statistically valid as the USDA's published protocols 225
289289 for sampling and testing of hemp, which protocols shall be posted on 226
290290 the department's Internet web site. During a scheduled sample 227
291291 collection, the producer, or an authorized representative of the 228
292292 producer, shall be present at the lot. A producer shall not harvest the 229
293293 cannabis crop prior to the taking of samples. Samples of hemp plant 230
294294 material from one lot shall not be commingled with hemp plant material 231
295295 from other lots. Lots tested and not certified by a laboratory at or below 232
296296 the acceptable hemp THC level shall be handled and disposed of in 233
297297 accordance with the federal act, the provisions of this section and section 234
298298 22-61m, as amended by this act, and the state plan, as applicable. 235
299299 (4) The commissioner shall collect, maintain and provide to the 236
300300 USDA, on a timely basis, contact information for each hemp producer 237
301301 licensed in the state, including lot legal descriptions and locations, and 238
302302 any changes to such information. The commissioner shall also report to 239
303303 the USDA, on a timely basis, all required hemp test results and disposal 240
304304 information for all nonconforming hemp plants and plant material. 241
305305 Such information shall not include state and federal fingerprint-based 242
306306 records pursuant to section 29-17a. 243
307307 (d) The commissioner shall have the authority to enforce the federal 244
308308 act, as amended from time to time, the state plan, this section and any 245
309309 regulations adopted in accordance with the federal act and chapter 54 246
310310 for hemp [cultivation] production in the state. The commissioner shall 247
311311 have the authority to enforce the applicable [processing standard] 248
312312 standards for producer hemp products. [that are not consumables.] The 249
313313 commissioner may consult, collaborate and enter into cooperative 250
314314 agreements with any federal or state agency, municipality or political 251
315315 subdivision of the state concerning application of the provisions of the 252
316316 federal act and the regulations adopted pursuant to the federal act, as 253
317317 may be necessary to carry out the provisions of this section. 254
318318 (e) Any person who [cultivates or processes] produces hemp shall: (1) 255
319319 Be licensed by the commissioner; (2) [only acquire certified seeds] 256 Raised Bill No. 452
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325325 comply with the federal act, the state plan, the provisions of this section 257
326326 and any regulation adopted pursuant to this section; and (3) transport 258
327327 hemp and hemp samples in a manner and with such documentation as 259
328328 required by the commissioner. 260
329329 (f) Any person who sells hemp products shall not be required to be 261
330330 licensed provided such person only engages in: (1) The retail or 262
331331 wholesale sale of hemp or hemp products in which no further 263
332332 [processing] producing or manufacturing of the hemp products occurs 264
333333 and the hemp products are acquired from a person authorized under 265
334334 the laws of this state or another state, territory or possession of the 266
335335 United States or another sovereign entity to produce and sell such hemp 267
336336 products; (2) the acquisition of hemp or hemp products for the sole 268
337337 purpose of product distribution for resale; or (3) the retail sale of hemp 269
338338 products that are otherwise authorized under federal or state law. 270
339339 (g) Any applicant for a license pursuant to this section shall meet each 271
340340 of the following requirements, as applicable: 272
341341 (1) Each applicant shall submit an application for a license that 273
342342 consists, at a minimum, of the following: (A) The name, telephone 274
343343 number, electronic mail address and address of the applicant, including 275
344344 any applicable principal business location and the full name, title and 276
345345 electronic mail address of each key participant; (B) the name and 277
346346 address of the [plot] lot for the hemp cultivation or [processing] 278
347347 producing location; (C) the geospatial location of each lot by means of 279
348348 global positioning system coordinates and legal description of the [plot] 280
349349 lot used for the hemp cultivation; (D) the acreage size of the [plot] lot 281
350350 where the hemp will be cultivated; (E) written consent allowing the 282
351351 commissioner to conduct both scheduled and random inspections of 283
352352 and around the premises on which the hemp is to be cultivated, 284
353353 harvested, stored and [processed] produced; and (F) any other 285
354354 information as may be required by the commissioner; 286
355355 (2) The applicant [, on-site manager and signing authority] and each 287
356356 key participant for a [grower] producer license, or renewal thereof, shall 288 Raised Bill No. 452
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358358
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362362 submit to state and national fingerprint-based criminal history records 289
363363 checks conducted in accordance with section 29-17a, at his or her own 290
364364 expense; [, and provide the results to the commissioner for review;] 291
365365 (3) No person, including any key participant, who has been convicted 292
366366 of any felony, as prescribed in the federal act, or who has materially 293
367367 falsified any information in the application, shall be eligible to obtain or 294
368368 hold a [grower] producer license; and 295
369369 (4) Each applicant who obtains a [grower or processor] producer 296
370370 license shall pay for all costs of sampling, testing, retesting and 297
371371 resampling any [hemp] samples at a laboratory for the purpose of 298
372372 determining the THC concentration level of any cannabis under their 299
373373 control, or in their possession. Each applicant who obtains a producer 300
374374 license shall pay for all costs of disposal of all cannabis under their 301
375375 control, or in their possession, that exceeds the acceptable hemp THC 302
376376 level. 303
377377 (h) Any [grower or processor] producer license issued by the 304
378378 commissioner shall expire on the second following December thirty-first 305
379379 and may be renewed during the preceding month of October. Such 306
380380 licenses shall not be transferable. 307
381381 (i) The following fees shall apply for each [grower and processor] 308
382382 producer license and inspection: 309
383383 (1) A nonrefundable license application fee of fifty dollars, provided 310
384384 any constituent unit of higher education, state agency or department 311
385385 shall be exempt from such application fee if such [cultivation or 312
386386 processing] production is for research purposes; 313
387387 (2) A nonrefundable [biennial grower] triennial producer license fee 314
388388 of four hundred fifty dollars [per acre of planned hemp plantings] for 315
389389 up to one acre of planned hemp plantings and thirty dollars per each 316
390390 additional acre of planned hemp plantings rounded to the nearest acre, 317
391391 the maximum license fee charged shall be three thousand dollars, 318
392392 provided any constituent unit of higher education, state agency or 319 Raised Bill No. 452
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398398 department shall be exempt from such license fee if such cultivation is 320
399399 for research purposes; and 321
400400 [(3) A nonrefundable processor licensing fee of two hundred fifty 322
401401 dollars for a license to process hemp provided any constituent unit of 323
402402 higher education, state agency or department shall be exempt from such 324
403403 license fee if such processing is for research purposes; and] 325
404404 [(4)] (3) In the event that resampling by the commissioner is required 326
405405 due to a test result that shows a violation of any provision of this section 327
406406 or any regulation adopted pursuant to this section, the licensee shall pay 328
407407 an inspection fee of fifty dollars. Such fee shall be paid prior to the 329
408408 inspection and collection of the sample to be used for resampling. 330
409409 (j) After receipt and review of an application for [grower or processor] 331
410410 producer licensure, the commissioner may grant a [biennial] triennial 332
411411 license upon a finding that the applicant meets the applicable 333
412412 requirements. Each producer licensee shall notify the commissioner of 334
413413 any changes to their application information, not later than fifteen days 335
414414 after such change. While the pilot program is in effect, the commissioner 336
415415 may grant a conditional approval of a [grower] producer license, 337
416416 pending receipt of the criminal history records check required by this 338
417417 section. The commissioner shall assign each producer with a license or 339
418418 authorization identifier in a format consistent with 7 CFR 990.3(a)(9). 340
419419 (k) Whenever an inspection or investigation conducted by the 341
420420 commissioner pursuant to this title reveals any violation of the state 342
421421 plan, this section or any regulation adopted thereunder, the [grower, 343
422422 processor,] producer license applicant or respondent, as applicable, 344
423423 shall be notified, in writing, of such violation and any corrective action 345
424424 to be taken and the time period within which such corrective action shall 346
425425 be taken. Any such [grower, processor,] producer license applicant or 347
426426 respondent may request a hearing, conducted in accordance with 348
427427 chapter 54, on any such notification. Any notification issued pursuant 349
428428 to this section shall be made by certified mail, return receipt requested 350
429429 to the producer license applicant or respondent's last known address, 351 Raised Bill No. 452
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435435 by in-hand service by the commissioner or designated agent of the 352
436436 commissioner, electronic mail service with the consent of the recipient, 353
437437 or by service in accordance with chapter 896. The commissioner shall 354
438438 report all producer violations made with a culpable mental state greater 355
439439 than negligence to the United States Attorney General and the State's 356
440440 Attorney for the judicial district in which the producer violation 357
441441 occurred. 358
442442 (l) Nothing in this section shall be construed to limit the 359
443443 commissioner's authority to issue a cease and desist order pursuant to 360
444444 section 22-4d, or an emergency order, in order to respond to a condition 361
445445 that may present a public health hazard, or issue orders necessary to 362
446446 effectuate the purposes of this section, including, but not limited to, 363
447447 orders for the embargo, partial destruction, destruction and release of 364
448448 hemp or hemp products. Any cease and desist order or an emergency 365
449449 order shall become effective upon service of such order by the 366
450450 commissioner. Following service of any such order, subsequent 367
451451 proceedings shall proceed in accordance with the provisions of section 368
452452 22-4d and the rules of practice for such agency. Any embargo, partial 369
453453 destruction, destruction or release order issued pursuant to this section 370
454454 shall be served by certified mail, return receipt requested to the 371
455455 respondent's last known address, by in-hand service by the 372
456456 commissioner or designated agent of the commissioner, or by service in 373
457457 accordance with chapter 896. 374
458458 (m) Following a hearing conducted in accordance with chapter 54, 375
459459 the commissioner may impose an administrative civil penalty, not to 376
460460 exceed two thousand five hundred dollars per violation, and suspend, 377
461461 revoke or place conditions upon any grower or processor licensee who 378
462462 violates the provisions of this section or any regulation adopted 379
463463 pursuant to this section. 380
464464 (n) (1) Any individual who [cultivates or processes] produces hemp 381
465465 in this state without obtaining a license pursuant to this section, or who 382
466466 [cultivates or processes] produces hemp in this state after having a 383
467467 license suspended or revoked may be fined two hundred fifty dollars in 384 Raised Bill No. 452
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473473 accordance with the provisions of section 51-164n. 385
474474 (2) Any business entity that [cultivates or processes] produces hemp 386
475475 in this state without obtaining a license pursuant to this section, or 387
476476 [cultivates or processes] produces hemp in this state after having a 388
477477 license suspended or revoked [shall] may be fined not more than two 389
478478 thousand five hundred dollars per violation, after a hearing conducted 390
479479 in accordance with chapter 54. 391
480480 (o) (1) Any negligent violation [, as described in the federal act,] of 392
481481 this section or the state plan except failure to obtain a producer license 393
482482 under this section, shall be subject to enforcement in accordance with 394
483483 the federal act, and the state plan for negligent violations. 395
484484 (2) For any negligent violation, a producer shall be required to correct 396
485485 such negligent violation, by means of a corrective action plan approved 397
486486 by the commissioner. Each corrective action plan shall include, at a 398
487487 minimum, a reasonable completion deadline for correction of the 399
488488 negligent violation, periodic reporting to the commissioner and 400
489489 compliance with the state plan. 401
490490 (3) Any producer that negligently violates the state plan shall not, as 402
491491 a result of such negligent violation, be referred by the commissioner for 403
492492 any criminal enforcement action by the federal, state or local 404
493493 government. 405
494494 (4) Any producer that negligently violates the state plan three times 406
495495 during any five-year period shall be ineligible to produce hemp for a 407
496496 period of five years beginning on the date of the third violation. 408
497497 (5) The commissioner shall conduct an inspection to determine if the 409
498498 corrective action plan for a producer who commits any such negligent 410
499499 violation was implemented. 411
500500 (p) Any person aggrieved by an order issued pursuant to this section 412
501501 may appeal to the commissioner in accordance with the provisions of 413
502502 chapter 54. Such appeal shall be made in writing to the commissioner 414 Raised Bill No. 452
503503
504504
505505
506506 LCO No. 2826 15 of 25
507507
508508 and received not later than fifteen days after the date of the order. If no 415
509509 appeal is made pursuant to this subsection the order shall be final. 416
510510 (q) (1) All documents [included in an application for a grower or 417
511511 processor license] submitted under this section shall be subject to 418
512512 disclosure in accordance with chapter 14, except: [any document 419
513513 describing, depicting or otherwise outlining a licensee's security 420
514514 schematics and the results of any criminal history records check] (A) 421
515515 Information depicting or describing (i) the test results of any producer, 422
516516 (ii) the location of any hemp growing, harvesting, processing or storage 423
517517 location, or (iii) hemp producer location security schematics; and (B) the 424
518518 results of any criminal history records check. 425
519519 (2) Notwithstanding the provisions of subdivision (1) of this 426
520520 subsection, all documents and records submitted or maintained 427
521521 pursuant to this section shall be disclosed to any law enforcement 428
522522 agency upon request of such law enforcement agency. 429
523523 (r) The commissioner may inspect and shall have access to the 430
524524 buildings, equipment, supplies, vehicles, records, real property and 431
525525 other information that the commissioner deems necessary to carry out 432
526526 the commissioner's duties pursuant to this section from any person 433
527527 participating in [the planting, cultivating, harvesting, processing,] 434
528528 producing, handling, storing marketing or researching [of] hemp. 435
529529 [(s) The commissioner shall establish an inspection and testing 436
530530 program to determine THC levels and ensure compliance with the limits 437
531531 on THC concentration in all hemp grown in the state by a grower 438
532532 licensee. The grower shall collect a pre-harvest sample no more than 439
533533 fifteen days before the intended harvest date, in accordance with the 440
534534 commissioner's pre-harvest hemp sampling protocol adopted in 441
535535 accordance with chapter 54 and published on the Internet web site of 442
536536 the Department of Agriculture. The grower and processor licensees 443
537537 shall be responsible for all costs of disposal of hemp samples and any 444
538538 hemp produced by a licensee that violates the provisions of this section 445
539539 or any regulation adopted pursuant to this section. A hemp sample fails 446 Raised Bill No. 452
540540
541541
542542
543543 LCO No. 2826 16 of 25
544544
545545 THC testing if the test report indicates that the sample contains an 447
546546 average THC concentration greater than 0.3 per cent on a dry weight 448
547547 basis. The commissioner may order and conduct post-harvest sample 449
548548 THC testing of a plot if the results of an initial THC test on the pre-450
549549 harvest sample provided and collected by the licensee indicate a THC 451
550550 concentration in the pre-harvest sample in excess of such permitted 452
551551 levels, unless the licensee elects to destroy the crop prior to post-harvest 453
552552 sample THC testing.] 454
553553 [(t)] (s) Nothing in this section shall be construed to apply to any 455
554554 licensee of palliative marijuana authorized pursuant to chapter 420f. 456
555555 [(u)] (t) All licensees pursuant to this section shall maintain records 457
556556 required by the federal act, the state plan, this section and any regulation 458
557557 adopted pursuant to this section. Each licensee shall make such records 459
558558 available to the department immediately upon request of the 460
559559 commissioner and in electronic format, if available. 461
560560 [(v)] (u) The commissioner [shall] may adopt regulations, in 462
561561 accordance with the provisions of chapter 54, to implement the 463
562562 provisions of this section including, but not limited to, [establishing 464
563563 sampling and testing procedures to ensure compliance with the federal 465
564564 act and to prescribe disposal procedures for plants grown in violation 466
565565 of the federal act] the labeling of producer hemp products. 467
566566 [(w)] (v) Notwithstanding any provision of the general statutes: (1) 468
567567 Marijuana does not include hemp or hemp products; (2) THC that does 469
568568 not exceed 0.3 per cent by dry weight and that is found in hemp shall 470
569569 not be considered to be THC that constitutes a controlled substance; (3) 471
570570 hemp-derived cannabidiols, including CBD, shall not constitute 472
571571 controlled substances or adulterants solely on the basis of containing 473
572572 CBD; and (4) hemp products that contain one or more hemp-derived 474
573573 cannabidiols, such as CBD, intended for ingestion shall be considered 475
574574 foods, not controlled substances or adulterated products solely on the 476
575575 basis of the containing hemp-derived cannabidiols. 477
576576 [(x)] (w) Whenever the commissioner believes or has reasonable 478 Raised Bill No. 452
577577
578578
579579
580580 LCO No. 2826 17 of 25
581581
582582 cause to believe that the actions of a licensee or any employee of a 479
583583 grower or processor licensee [will violate] are in violation of the federal 480
584584 act, the state plan, or any state law concerning the growing, cultivation, 481
585585 handling, transporting or possession of marijuana, the commissioner 482
586586 shall notify the Department of Emergency Services and Public 483
587587 Protection and the State Police. 484
588588 [(y) The Commissioner of Agriculture may enter an agreement with 485
589589 any state or federally recognized Indian tribe to assist such tribe in the 486
590590 development of a pilot program under the federal act or to have 487
591591 applicants from such tribe participate in the pilot program established 488
592592 pursuant to subsection (b) of this section.] 489
593593 Sec. 2. Section 22-61m of the 2020 supplement to the general statutes 490
594594 is repealed and the following is substituted in lieu thereof (Effective from 491
595595 passage): 492
596596 (a) No person shall manufacture in the state without a license to 493
597597 manufacture issued by the Commissioner of Consumer Protection. 494
598598 (b) Each applicant for a manufacturer license shall submit an 495
599599 application on a form and in a manner prescribed by the Commissioner 496
600600 of Consumer Protection. 497
601601 (c) The following fees shall apply for a license to manufacture: 498
602602 (1) A nonrefundable license application fee of [fifty] seventy-five 499
603603 dollars; and 500
604604 (2) A nonrefundable licensing fee of [two hundred fifty] three 501
605605 hundred seventy-five dollars for a license to manufacture hemp. 502
606606 (d) A license to manufacture [hemp or hemp products] issued by the 503
607607 Commissioner of Consumer Protection pursuant to this section shall 504
608608 expire [biennially] triennially on June thirtieth. Such licenses shall not 505
609609 be transferable. 506
610610 (e) In accordance with a hearing held pursuant to chapter 54, the 507 Raised Bill No. 452
611611
612612
613613
614614 LCO No. 2826 18 of 25
615615
616616 Commissioner of Consumer Protection may deny, suspend or revoke a 508
617617 manufacturer license, issue fines of not more than two thousand five 509
618618 hundred dollars per violation and place c onditions upon a 510
619619 manufacturer licensee who violates the provisions of this section and 511
620620 any regulation adopted pursuant to this section. 512
621621 (f) (1) Any individual who manufactures in this state without 513
622622 obtaining a license pursuant to this section or who manufactures in this 514
623623 state after such entity's license is suspended or revoked shall be fined 515
624624 two hundred fifty dollars in accordance with the provisions of section 516
625625 51-164n. 517
626626 (2) Any [business entity] person who manufactures in this state 518
627627 without obtaining a license pursuant to this section, or who 519
628628 manufactures in this state after having a license suspended, shall be 520
629629 fined not more than two thousand five hundred dollars per violation 521
630630 after a hearing conducted in accordance with the provisions of chapter 522
631631 54. 523
632632 (g) Nothing in this section shall be construed to apply to any licensee 524
633633 of palliative marijuana authorized pursuant to chapter 420f. 525
634634 (h) The Commissioner of Consumer Protection may inspect and shall 526
635635 have access to the buildings, equipment, supplies, vehicles, records, real 527
636636 property and other information of any manufacturer applicant or 528
637637 licensee that the commissioner deems necessary to carry out the 529
638638 commissioner's duties pursuant to this section. 530
639639 (i) (1) Each manufacturer shall follow the protocol in this subsection 531
640640 for disposing of [hemp or hemp products] cannabis in the event that any 532
641641 hemp or hemp product is deemed to [contain a] exceed the prescribed 533
642642 THC concentration, [of more than 0.3 per cent on a dry weight basis,] as 534
643643 determined by the Commissioner of Consumer Protection, or a 535
644644 manufacturer licensee in possession of hemp or hemp products who 536
645645 desires to dispose of obsolete, misbranded, excess or otherwise 537
646646 undesired product. Each manufacturer licensee shall be responsible for 538
647647 all costs of disposal of hemp samples and any hemp produced by such 539 Raised Bill No. 452
648648
649649
650650
651651 LCO No. 2826 19 of 25
652652
653653 licensee that violates the provisions of this section or any regulation 540
654654 adopted pursuant to this section. Any [hemp or hemp product 541
655655 containing a] cannabis that exceeds the prescribed THC concentration 542
656656 [of more than 0.3 per cent on a dry weight basis] allowable in hemp or 543
657657 hemp products shall be immediately embargoed by such manufacturer 544
658658 and clearly labeled as adulterated by such licensee and such licensee 545
659659 shall immediately notify both the Department of Consumer Protection 546
660660 and the Department of Agriculture, in writing, of such adulterated 547
661661 product. Such adulterated product shall be destroyed and disposed of 548
662662 by the following method, as determined by the Commissioner of 549
663663 Consumer Protection: 550
664664 (A) Surrender, without compensation, of such hemp or hemp product 551
665665 to the Commissioner of Consumer Protection who shall be responsible 552
666666 for the destruction and disposal of such adulterated product; or 553
667667 (B) By disposal in [the presence of an authorized representative of] a 554
668668 manner prescribed by the Commissioner of Consumer Protection. [in 555
669669 such a manner as to render the hemp or hemp product nonrecoverable.] 556
670670 (2) Notwithstanding the provisions of subdivision (1) of this 557
671671 subsection, upon written request of a manufacturer, the Commissioner 558
672672 of Consumer Protection may permit such manufacturer to combine 559
673673 different batches of raw hemp plant material to achieve a THC 560
674674 concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 561
675675 or destruction. 562
676676 (j) The [person] manufacturer or manufacturer's authorized designee 563
677677 disposing of the hemp or hemp products shall maintain and make 564
678678 available to the Commissioner of Consumer Protection a record of each 565
679679 such disposal or destruction of product indicating: 566
680680 (1) The date, time and location of disposal or destruction; 567
681681 (2) The manner of disposal or destruction; 568
682682 (3) The batch or lot information and quantity of hemp or hemp 569 Raised Bill No. 452
683683
684684
685685
686686 LCO No. 2826 20 of 25
687687
688688 product disposed of or destroyed; and 570
689689 (4) The signatures of the persons disposing of the hemp or hemp 571
690690 products, the authorized representative of the Commissioner of 572
691691 Consumer Protection and any other persons present during the 573
692692 disposal. 574
693693 (k) Any hemp intended to be manufactured [as a consumable] into a 575
694694 manufacturer hemp product shall be tested by an independent testing 576
695695 laboratory. [or any other such laboratory that is accredited as a testing 577
696696 laboratory to International Organization for Standardization (ISO) 578
697697 17025 by a third-party accrediting body.] A manufacturer licensee shall 579
698698 make available samples, in an amount and type determined by the 580
699699 Commissioner of Consumer Protection, of hemp [or hemp product] for 581
700700 an independent testing laboratory employee to select random samples. 582
701701 The independent testing laboratory [or other such laboratory] shall test 583
702702 each sample for microbiological contaminants, mycotoxins, heavy 584
703703 metals and pesticide chemical residue, and for purposes of conducting 585
704704 an active ingredient analysis, if applicable, as determined by the 586
705705 Commissioner of Consumer Protection. 587
706706 (l) Once a batch of hemp, [or hemp product,] intended to be sold as a 588
707707 [consumable] manufacturer hemp product, has been homogenized for 589
708708 sample testing and eventual packaging and sale, until the independent 590
709709 testing laboratory [or other such laboratory] provides the results from 591
710710 its tests and analysis, the manufacturer licensee shall segregate and 592
711711 withhold from use the entire batch of hemp that is intended for 593
712712 [consumable] use as a manufacturer hemp product, except the samples 594
713713 that have been removed by the independent testing laboratory for 595
714714 testing. During this period of segregation, the manufacturer licensee 596
715715 shall maintain the hemp [or hemp product] batch in a secure, cool and 597
716716 dry location, as prescribed by the Commissioner of Consumer 598
717717 Protection, so as to prevent the hemp [or hemp product] from becoming 599
718718 adulterated. Such manufacturer shall not manufacture or sell a 600
719719 [consumable] manufacturer hemp product prior to the time that the 601
720720 independent testing laboratory [or other such laboratory] completes 602 Raised Bill No. 452
721721
722722
723723
724724 LCO No. 2826 21 of 25
725725
726726 testing and analysis and provides such results, in writing, to the 603
727727 manufacturer licensee who initiated such testing. 604
728728 (m) An independent testing laboratory [or other such laboratory] 605
729729 shall immediately return or dispose of any hemp [or hemp product] 606
730730 upon the completion of any testing, use or research. If an independent 607
731731 testing laboratory [or other such laboratory] disposes of hemp or 608
732732 manufacturer hemp products, the laboratory shall dispose of such hemp 609
733733 in the following manner, as determined by the Commissioner of 610
734734 Consumer Protection: 611
735735 (1) By surrender, without compensation, of such hemp [or hemp 612
736736 product] to the Commissioner of Consumer Protection who shall be 613
737737 responsible for the destruction and disposal of such hemp or hemp 614
738738 product; or 615
739739 (2) By disposal in [the presence of an authorized representative of] a 616
740740 manner prescribed by the Commissioner of Consumer Protection. [in 617
741741 such a manner as to render the hemp or hemp product nonrecoverable.] 618
742742 (n) If a sample does not pass the microbiological, mycotoxin, heavy 619
743743 metal or pesticide chemical residue test, based on the standards 620
744744 prescribed by the Commissioner of Consumer Protection and published 621
745745 on the Internet web site of the Department of Consumer Protection, the 622
746746 manufacturer licensee who sent such batch for testing shall dispose of 623
747747 the entire batch from which the sample was taken in accordance with 624
748748 procedures established by the Commissioner of Consumer Protection 625
749749 pursuant to subdivision (1) of subsection (i) of this section. 626
750750 (o) If a sample passes the microbiological, mycotoxin, heavy metal 627
751751 and pesticide chemical residue test, the independent testing laboratory 628
752752 [or other such laboratory] shall release the entire batch for 629
753753 manufacturing, processing or sale. 630
754754 (p) The independent testing laboratory [or other such laboratory] 631
755755 shall file with the Department of Consumer Protection an electronic 632
756756 copy of each laboratory test result for any batch that does not pass the 633 Raised Bill No. 452
757757
758758
759759
760760 LCO No. 2826 22 of 25
761761
762762 microbiological, mycotoxin, heavy metal or pesticide chemical residue 634
763763 test, at the same time that it transmits such results to the manufacturer 635
764764 licensee who requested such testing. Each independent testing 636
765765 laboratory [or other such laboratory] shall maintain the test results of 637
766766 each tested batch for a period of three years and shall make such results 638
767767 available to the Department of Consumer Protection upon request. 639
768768 (q) Manufacturer licensees shall maintain records required by the 640
769769 federal act, this section and any regulation adopted pursuant to this 641
770770 section. Each manufacturer licensee shall make such records available 642
771771 to the Department of Consumer Protection immediately upon request 643
772772 and in electronic format, if available. 644
773773 (r) The Commissioner of Consumer Protection may adopt 645
774774 regulations, in accordance with the provisions of chapter 54, to 646
775775 implement the provisions of this section including, but not limited to, 647
776776 establishing sampling and testing procedures to ensure compliance 648
777777 with [the federal act, to prescribe] this section, prescribing storage and 649
778778 disposal procedures for [plants grown in violation of the federal act] 650
779779 hemp, marijuana and manufacturer hemp products that fail to pass 651
780780 Department of Consumer Protection prescribed independent testing 652
781781 laboratory testing standards and [to establish] establishing advertising 653
782782 and labeling requirements for [consumables] manufacturer hemp 654
783783 products. 655
784784 (s) Any claim of health impacts, medical effects or physical or mental 656
785785 benefits shall be prohibited on any advertising for, labeling of or 657
786786 marketing of [consumables] manufacturer hemp products. Any 658
787787 violation of this subsection shall be deemed an unfair or deceptive trade 659
788788 practice under chapter 735a. 660
789789 (t) Not later than February 1, 2020, the Commissioners of Agriculture 661
790790 and Consumer Protection shall submit a report, in accordance with 662
791791 section 11-4a, to the joint standing committee of the general assembly 663
792792 having cognizance of matters relating to the environment on the status 664
793793 of the pilot program, the development of the state plan and any 665 Raised Bill No. 452
794794
795795
796796
797797 LCO No. 2826 23 of 25
798798
799799 regulations for such pilot program or state plan. Additionally such 666
800800 report shall include any legislative recommendations, including, but not 667
801801 limited to, any recommendations for requiring the registration of any 668
802802 [consumable] manufacturer hemp product offered for sale in this state. 669
803803 (u) Any person who sells manufacturer hemp products shall not be 670
804804 required to be licensed, provided such person only engages in: (1) The 671
805805 retail or wholesale sale of manufacturer hemp products in which no 672
806806 further manufacturing of hemp occurs, provided such manufacturer 673
807807 hemp products are acquired from a person authorized to manufacture 674
808808 the manufacturer hemp products under the laws of this state or another 675
809809 state, territory or possession of the United States or another sovereign 676
810810 entity; (2) the acquisition of manufacturer hemp products for the sole 677
811811 purpose of product distribution for resale; or (3) the retail sale of 678
812812 manufacturer hemp products that is otherwise authorized under federal 679
813813 or state law. 680
814814 (v) Notwithstanding any provision of the general statutes: (1) 681
815815 Marijuana does not include manufacturer hemp products; (2) CBD that 682
816816 is found in manufacturer hemp products shall not be considered a 683
817817 controlled substance, as defined in section 21a-240, as amended by this 684
818818 act, or legend drug, as defined in 20-571; and (3) cannabinoids derived 685
819819 from hemp and contained in manufacturer hemp products shall not be 686
820820 considered controlled substances or adulterants. 687
821821 Sec. 3. Subdivision (7) of section 21a-240 of the 2020 supplement to the 688
822822 general statutes is repealed and the following is substituted in lieu 689
823823 thereof (Effective from passage): 690
824824 (7) "Cannabis-type substances" include all parts of any plant, or 691
825825 species of the genus cannabis or any infra specific taxon thereof whether 692
826826 growing or not; the seeds thereof; the resin extracted from any part of 693
827827 such a plant; and every compound, manufacture, salt, derivative, 694
828828 mixture or preparation of such plant, its seeds or resin; but shall not 695
829829 include the mature stalks of such plant, fiber produced from such stalks, 696
830830 oil or cake made from the seeds of such plant, any other compound, 697 Raised Bill No. 452
831831
832832
833833
834834 LCO No. 2826 24 of 25
835835
836836 manufacture, salt, derivative, mixture or preparation of such mature 698
837837 stalks, except the resin extracted therefrom, fiber, oil or cake, the 699
838838 sterilized seed of such plant which is incapable of germination, or hemp, 700
839839 as defined in 7 USC 1639o, as amended from time to time. Included are 701
840840 cannabinon, cannabinol, cannabidiol and chemical compounds which 702
841841 are similar to cannabinon, cannabinol or cannabidiol in chemical 703
842842 structure or which are similar thereto in physiological effect, and which 704
843843 show a like potential for abuse, which are controlled substances under 705
844844 this chapter unless [modified] derived from hemp, as defined in section 706
845845 22-61l, as amended by this act; 707
846846 Sec. 4. Subdivision (29) of section 21a-240 of the 2020 supplement to 708
847847 the general statutes is repealed and the following is substituted in lieu 709
848848 thereof (Effective from passage): 710
849849 (29) "Marijuana" means all parts of any plant, or species of the genus 711
850850 cannabis or any infra specific taxon thereof, whether growing or not; the 712
851851 seeds thereof; the resin extracted from any part of the plant; and every 713
852852 compound, manufacture, salt, derivative, mixture, or preparation of 714
853853 such plant, its seeds or resin. Marijuana does not include the mature 715
854854 stalks of such plant, fiber produced from such stalks, oil or cake made 716
855855 from the seeds of such plant, any other compound, manufacture, salt, 717
856856 derivative, mixture or preparation of such mature stalks, except the 718
857857 resin extracted therefrom, fiber, oil, or cake, the sterilized seed of such 719
858858 plant which is incapable of germination, or hemp, as defined in 7 USC 720
859859 1639o, as amended from time to time. Included are cannabinon, 721
860860 cannabinol or cannabidiol and chemical compounds which are similar 722
861861 to cannabinon, cannabinol or cannabidiol in chemical structure or which 723
862862 are similar thereto in physiological effect, and which show a like 724
863863 potential for abuse, which are controlled substances under this chapter 725
864864 unless [modified] derived from hemp, as defined in section 22-61l, as 726
865865 amended by this act; 727
866866 This act shall take effect as follows and shall amend the following
867867 sections:
868868
869869 Section 1 from passage 22-61l Raised Bill No. 452
870870
871871
872872
873873 LCO No. 2826 25 of 25
874874
875875 Sec. 2 from passage 22-61m
876876 Sec. 3 from passage 21a-240(7)
877877 Sec. 4 from passage 21a-240(29)
878878
879879 Statement of Purpose:
880880 To make the state's hemp program consistent with requirements of
881881 federal law.
882882 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
883883 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
884884 underlined.]
885885