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General Assembly Raised Bill No. 452
February Session, 2020
LCO No. 2826
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING RE VISIONS TO THE STATE'S HEMP
PROGRAM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22-61l of the 2020 supplement to the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(a) For the purpose of this section and section 22-61m, as amended by 4
this act, the following terms have the same meaning as provided in 7 5
CFR 990.1, as amended from time to time: "Acceptable hemp THC level", 6
"Agricultural marketing service", "Cannabis", "Conviction", "Corrective 7
action plan", "Culpable mental state greater than negligence", 8
"Decarboxylated", "Decarboxylation", "Dry weight basis", "Gas 9
chromatography", "Geospatial location", "Handle", "High-performance 10
liquid chromatography", "Information sharing system", "Measurement 11
of uncertainty", "Negligence", "Phytocannabinoid", 12
"Postdecarboxylation" and "Reverse distributor". Additionally, for the 13
purpose of such sections: 14
(1) "Cannabidiol" or "CBD" means [the nonpsychotropic compound 15 Raised Bill No. 452
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by the same name] cannabinoid extract and with a [delta-9 16
tetrahydrocannabinol] THC concentration of not more than 0.3 per cent 17
on a dry weight basis derived from hemp; [, as defined in the federal 18
act;] 19
(2) "Certificate of analysis" means a certificate from a laboratory 20
describing the results of the laboratory's testing of a sample; 21
[(3) "Certified seed" means hemp seed for which a certificate or any 22
other instrument has been issued by an agency authorized under the 23
laws of a state, territory or possession of the United States to officially 24
certify hemp seed and that has standards and procedures approved by 25
the United States Secretary of Agriculture to assure the genetic purity 26
and identity of the hemp seed certified;] 27
[(4)] (3) "Commissioner" means the Commissioner of Agriculture, or 28
the commissioner's designated agent; 29
[(5) "Consumable" means hemp products intended for human 30
ingestion, inhalation, absorption or other internal consumption, that 31
contains a THC concentration of not more than 0.3 per cent on a dry 32
weight basis;] 33
[(6)] (4) "Cultivate" means [planting, growing and harvesting a plant 34
or] to plant, grow, harvest, handle and store a plant or crop; [for 35
commercial or research purposes;] 36
[(7)] (5) "Federal act" means the United States Agricultural Marketing 37
Act of 1946, 7 USC [1621] 1639o et seq., as amended from time to time; 38
[(8)] (6) "Department" means the Department of Agriculture; 39
[(9) "Grower" means a person in the state licensed by the 40
commissioner to cultivate, grow, harvest, handle, store and market 41
hemp pursuant to the federal act, the provisions of this section and the 42
regulations adopted pursuant to this section;] 43
[(10) "Handle" means possessing or storing hemp for any period of 44 Raised Bill No. 452
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time on premises owned, operated or controlled by a person licensed to 45
cultivate or process hemp, and includes possessing or transporting 46
hemp;] 47
[(11)] (7) "Hemp" has the same meaning as provided in the federal 48
act; 49
[(12)] (8) "Hemp products" means [products with a delta-9 50
tetrahydrocannabinol concentration of not more than 0.3 per cent on a 51
dry weight basis derived from, or made by, the processing of hemp 52
plants or hemp plant parts] all manufacturer hemp products and 53
producer hemp products; 54
[(13)] (9) "Independent testing laboratory" means a facility: 55
(A) For which no person who has any direct or indirect financial or 56
managerial interest in the laboratory and also has any direct or indirect 57
interest in a facility that: 58
(i) [Processes, cultivates] Produces, distributes, manufactures or sells 59
hemp or hemp products, or marijuana in any state or territory of the 60
United States; or 61
(ii) Cultivates, processes, distributes, dispenses or sells marijuana; 62
and 63
(B) That is accredited as a laboratory in compliance with section 21a-64
408-59 of the regulations of Connecticut state agencies; 65
[(14)] (10) "Laboratory" means a laboratory [located in the state that 66
is licensed by the Department of Consumer Protection to provide 67
analysis of controlled substances pursuant to section 21a-246, The 68
University of Connecticut, the Connecticut Agricultural Experiment 69
Station, the Department of Public Health, the United States Food and 70
Drug Administration, the United States Department of Agriculture or a 71
facility] that meets the [following additional criteria] requirements of 7 72
CFR 990.3 and that is accredited as a testing laboratory to International 73
Organization for Standardization (ISO) 17025 by a third-party 74 Raised Bill No. 452
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accrediting body such as the American Association for Laboratory 75
Accreditation or the Assured Calibration and Laboratory Accreditation 76
Select Services; 77
[(15)] (11) "Law enforcement agency" means the Connecticut State 78
Police, the United States Drug Enforcement Administration, the 79
Department of Agriculture, the Department of Consumer Protection 80
Drug Control Division or any other federal, state or local law 81
enforcement agency or drug suppression unit; 82
[(16)] (12) "Licensee" means a person who possesses a license to 83
[cultivate, process] produce or manufacture hemp or hemp products in 84
this state; 85
[(17)] (13) "Manufacture" means the conversion of [hemp for the 86
purpose of creating a consumable] the hemp plant into a by-product by 87
means of adding heat, solvents or any method of extraction that 88
modifies the original composition of the plant for the purpose of 89
creating a manufacturer hemp product for commercial or research 90
purposes; 91
[(18)] (14) "Manufacturer" means a person in the state licensed by the 92
Commissioner of Consumer Protection to manufacture, handle, store 93
and market manufacturer hemp products pursuant to the [federal act, 94
the] provisions of section 22-61m, as amended by this act, and any 95
regulation adopted pursuant to section 22-61m, as amended by this act; 96
[(19)] (15) "Marijuana" has the same meaning as provided in section 97
21a-240, as amended by this act; 98
[(20)] (16) "Market" or "marketing" means promoting, distributing or 99
selling a hemp product within the state, in another state or outside of 100
the United States and includes efforts to advertise and gather 101
information about the needs or preferences of potential consumers or 102
suppliers; 103
[(21)] (17) "On-site manager" means the individual designated by the 104 Raised Bill No. 452
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[licensee] producer license applicant or producer responsible for on-site 105
management and operations of a licensed [grower or licensed processor] 106
producer; 107
[(22)] (18) "Pesticide" has the same meaning as "pesticide chemical" as 108
provided in section 21a-92; 109
[(23) "Plot"] (19) "Lot" means a contiguous area in a field, greenhouse 110
or indoor growing structure containing the same variety or strain of 111
hemp throughout the area; 112
[(24)] (20) "Post-harvest sample" means a representative sample of the 113
form of hemp taken from the harvested hemp from a particular [plot's] 114
lot's harvest that is collected in accordance with the procedures 115
established by the commissioner; 116
[(25)] (21) "Pre-harvest sample" means a composite, representative 117
portion from plants in a hemp [plot] lot, that is collected in accordance 118
with the procedures established by the commissioner; 119
[(26) "Process"] (22) "Produce" means [using or converting hemp for 120
the purpose of creating a form of the commodity, that is not a 121
consumable, for commercial or research purposes] to cultivate hemp or 122
create any producer hemp product; 123
[(27) "Processor" means a person in the state licensed by the 124
commissioner to process, handle, store and market hemp pursuant to 125
the federal act, the provisions of this section and any regulation adopted 126
pursuant to this section;] 127
[(28)] (23) "State plan" means a state plan, as described in the federal 128
act and as authorized pursuant to this section; 129
[(29) "Signing authority" means an officer or agent of the applicant 130
with written authorization of such applicant to commit the applicant to 131
a binding agreement;] 132
[(30)] (24) "THC" means delta-9-tetrahydrocannabinol; 133 Raised Bill No. 452
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[(31)] (25) "Homogenize" means to blend hemp into a mixture that 134
has a uniform quality and content throughout such mixture; [and] 135
[(32) "Business entity" means any corporation, limited liability 136
company, association or partnership.] 137
(26) "Controlled Substances Act" or "CSA" means the Controlled 138
Substances Act as codified in 21 USC 801 et seq.; 139
(27) "Criminal history report" means the Federal Bureau of 140
Investigation's Identity History Summary; 141
(28) "Drug Enforcement Administration" or "DEA" means the United 142
States Drug Enforcement Administration; 143
(29) "Farm service agency" or "FSA" means an agency of the United 144
States Department of Agriculture; 145
(30) "Key participant" means a sole proprietor, a partner in 146
partnership or a person with executive managerial control in an entity, 147
including persons such as a chief executive officer, chief operating 148
officer and chief financial officer; 149
(31) "Manufacturer hemp product" means a commodity 150
manufactured from the hemp plant, for commercial or research 151
purposes, that is intended for human ingestion, inhalation, absorption 152
or other internal consumption, that contains a THC concentration of not 153
more than 0.3 per cent on a dry weight basis or per volume or weight of 154
such manufactured hemp product; 155
(32) "Producer" means an individual or entity licensed by the 156
commissioner to produce and market producer hemp products 157
pursuant to the federal act, the state plan, the provisions of this section 158
and the regulations adopted pursuant to this section; 159
(33) "Producer hemp product" means any of the following produced 160
in this state: Raw hemp product, fiber-based hemp product or animal 161
hemp food product, and each of which contains a THC concentration of 162 Raised Bill No. 452
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not more than 0.3 per cent on a dry weight basis; and 163
(34) "USDA" means the United States Department of Agriculture. 164
(b) The Commissioner of Agriculture shall establish and operate an 165
agricultural pilot program, as defined in 7 USC 5940, as amended from 166
time to time, for hemp research to enable the department, and its 167
licensees, to study methods of [cultivating, processing] producing and 168
marketing hemp. All [grower and processor] producer licensees 169
licensed pursuant to this section shall be participants in the state 170
agricultural pilot program for hemp research. Until such time as said 171
commissioner adopts regulations, in accordance with the provisions of 172
chapter 54, the Department of Agriculture shall utilize procedures and 173
guidance policies that the commissioner deems to be consistent with the 174
provisions of 7 USC 5940, as amended from time to time, provided such 175
procedures and guidance policies shall, at a minimum, require: (1) The 176
commissioner to certify and register any site used to grow hemp, (2) any 177
person who [grows] produces hemp to produce plants that meet the 178
definition of hemp and verify such, (3) the maintenance of records by 179
any person who grows hemp and the availability of inspection of such 180
records by the commissioner, and (4) verification of compliance with the 181
definition of hemp by a laboratory, at the expense of any licensee. The 182
provisions of this section shall take precedence over any such procedure 183
or guidance policy. Participants in the state agricultural pilot program 184
for hemp research shall be licensed in accordance with the provisions of 185
this section. Such pilot program shall operate until the earlier of the date 186
of a fully approved state plan under the federal act, as described in this 187
section, or the date of repeal of the federal law permitting the state's 188
agricultural pilot program for hemp research. 189
(c) (1) The commissioner shall prepare a state plan in accordance with 190
the federal act and 7 CFR 990.3, for approval by the Governor, [and 191
Attorney General,] in consultation with the office of the Chief State's 192
Attorney and the Attorney General. The state plan, once approved by 193
the Governor and the Attorney General, shall be submitted by the 194
commissioner to the United States Secretary of Agriculture for his or her 195 Raised Bill No. 452
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approval. The commissioner shall have the authority to amend the state 196
plan, in consultation with the Governor, [and] the Attorney General [in 197
consultation with] and the office of the Chief State's Attorney, as 198
necessary to comply with the federal act. 199
(2) The commissioner shall operate the state plan, which shall 200
include, at a minimum, the following requirements: 201
(A) The sampling of hemp shall comply, at a minimum, with 7 CFR 202
990.3(a)(2); 203
(B) The testing of hemp shall comply, at a minimum, with 7 CFR 204
990.3(a)(3); 205
(C) The control and disposal of noncompliant cannabis plants shall 206
comply with 7 CFR 990.27; 207
(D) The department shall comply with all recordkeeping and 208
reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 209
990.71, inclusive; 210
(E) The department shall comply with enforcement procedures in 7 211
CFR 990.6; 212
(F) The department shall conduct annual inspections of, at a 213
minimum, a random sample of producers to verify that hemp is not 214
produced in violation of the federal act, the state plan and the provisions 215
of this section, and shall enforce any violation as provided for in the 216
federal act and as defined in 7 CFR 990.6; 217
(G) Producers shall report their required license, lot and hemp crop 218
acreage information to FSA, in accordance with the requirements in 7 219
CFR 990.7; and 220
(H) Producers shall report to the commissioner the total acreage of 221
hemp planted, harvested and, if applicable, disposed of, and such other 222
information as the commissioner may require. 223 Raised Bill No. 452
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(3) All sampling and testing of hemp shall be done using protocols 224
that are at least as statistically valid as the USDA's published protocols 225
for sampling and testing of hemp, which protocols shall be posted on 226
the department's Internet web site. During a scheduled sample 227
collection, the producer, or an authorized representative of the 228
producer, shall be present at the lot. A producer shall not harvest the 229
cannabis crop prior to the taking of samples. Samples of hemp plant 230
material from one lot shall not be commingled with hemp plant material 231
from other lots. Lots tested and not certified by a laboratory at or below 232
the acceptable hemp THC level shall be handled and disposed of in 233
accordance with the federal act, the provisions of this section and section 234
22-61m, as amended by this act, and the state plan, as applicable. 235
(4) The commissioner shall collect, maintain and provide to the 236
USDA, on a timely basis, contact information for each hemp producer 237
licensed in the state, including lot legal descriptions and locations, and 238
any changes to such information. The commissioner shall also report to 239
the USDA, on a timely basis, all required hemp test results and disposal 240
information for all nonconforming hemp plants and plant material. 241
Such information shall not include state and federal fingerprint-based 242
records pursuant to section 29-17a. 243
(d) The commissioner shall have the authority to enforce the federal 244
act, as amended from time to time, the state plan, this section and any 245
regulations adopted in accordance with the federal act and chapter 54 246
for hemp [cultivation] production in the state. The commissioner shall 247
have the authority to enforce the applicable [processing standard] 248
standards for producer hemp products. [that are not consumables.] The 249
commissioner may consult, collaborate and enter into cooperative 250
agreements with any federal or state agency, municipality or political 251
subdivision of the state concerning application of the provisions of the 252
federal act and the regulations adopted pursuant to the federal act, as 253
may be necessary to carry out the provisions of this section. 254
(e) Any person who [cultivates or processes] produces hemp shall: (1) 255
Be licensed by the commissioner; (2) [only acquire certified seeds] 256 Raised Bill No. 452
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comply with the federal act, the state plan, the provisions of this section 257
and any regulation adopted pursuant to this section; and (3) transport 258
hemp and hemp samples in a manner and with such documentation as 259
required by the commissioner. 260
(f) Any person who sells hemp products shall not be required to be 261
licensed provided such person only engages in: (1) The retail or 262
wholesale sale of hemp or hemp products in which no further 263
[processing] producing or manufacturing of the hemp products occurs 264
and the hemp products are acquired from a person authorized under 265
the laws of this state or another state, territory or possession of the 266
United States or another sovereign entity to produce and sell such hemp 267
products; (2) the acquisition of hemp or hemp products for the sole 268
purpose of product distribution for resale; or (3) the retail sale of hemp 269
products that are otherwise authorized under federal or state law. 270
(g) Any applicant for a license pursuant to this section shall meet each 271
of the following requirements, as applicable: 272
(1) Each applicant shall submit an application for a license that 273
consists, at a minimum, of the following: (A) The name, telephone 274
number, electronic mail address and address of the applicant, including 275
any applicable principal business location and the full name, title and 276
electronic mail address of each key participant; (B) the name and 277
address of the [plot] lot for the hemp cultivation or [processing] 278
producing location; (C) the geospatial location of each lot by means of 279
global positioning system coordinates and legal description of the [plot] 280
lot used for the hemp cultivation; (D) the acreage size of the [plot] lot 281
where the hemp will be cultivated; (E) written consent allowing the 282
commissioner to conduct both scheduled and random inspections of 283
and around the premises on which the hemp is to be cultivated, 284
harvested, stored and [processed] produced; and (F) any other 285
information as may be required by the commissioner; 286
(2) The applicant [, on-site manager and signing authority] and each 287
key participant for a [grower] producer license, or renewal thereof, shall 288 Raised Bill No. 452
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submit to state and national fingerprint-based criminal history records 289
checks conducted in accordance with section 29-17a, at his or her own 290
expense; [, and provide the results to the commissioner for review;] 291
(3) No person, including any key participant, who has been convicted 292
of any felony, as prescribed in the federal act, or who has materially 293
falsified any information in the application, shall be eligible to obtain or 294
hold a [grower] producer license; and 295
(4) Each applicant who obtains a [grower or processor] producer 296
license shall pay for all costs of sampling, testing, retesting and 297
resampling any [hemp] samples at a laboratory for the purpose of 298
determining the THC concentration level of any cannabis under their 299
control, or in their possession. Each applicant who obtains a producer 300
license shall pay for all costs of disposal of all cannabis under their 301
control, or in their possession, that exceeds the acceptable hemp THC 302
level. 303
(h) Any [grower or processor] producer license issued by the 304
commissioner shall expire on the second following December thirty-first 305
and may be renewed during the preceding month of October. Such 306
licenses shall not be transferable. 307
(i) The following fees shall apply for each [grower and processor] 308
producer license and inspection: 309
(1) A nonrefundable license application fee of fifty dollars, provided 310
any constituent unit of higher education, state agency or department 311
shall be exempt from such application fee if such [cultivation or 312
processing] production is for research purposes; 313
(2) A nonrefundable [biennial grower] triennial producer license fee 314
of four hundred fifty dollars [per acre of planned hemp plantings] for 315
up to one acre of planned hemp plantings and thirty dollars per each 316
additional acre of planned hemp plantings rounded to the nearest acre, 317
the maximum license fee charged shall be three thousand dollars, 318
provided any constituent unit of higher education, state agency or 319 Raised Bill No. 452
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department shall be exempt from such license fee if such cultivation is 320
for research purposes; and 321
[(3) A nonrefundable processor licensing fee of two hundred fifty 322
dollars for a license to process hemp provided any constituent unit of 323
higher education, state agency or department shall be exempt from such 324
license fee if such processing is for research purposes; and] 325
[(4)] (3) In the event that resampling by the commissioner is required 326
due to a test result that shows a violation of any provision of this section 327
or any regulation adopted pursuant to this section, the licensee shall pay 328
an inspection fee of fifty dollars. Such fee shall be paid prior to the 329
inspection and collection of the sample to be used for resampling. 330
(j) After receipt and review of an application for [grower or processor] 331
producer licensure, the commissioner may grant a [biennial] triennial 332
license upon a finding that the applicant meets the applicable 333
requirements. Each producer licensee shall notify the commissioner of 334
any changes to their application information, not later than fifteen days 335
after such change. While the pilot program is in effect, the commissioner 336
may grant a conditional approval of a [grower] producer license, 337
pending receipt of the criminal history records check required by this 338
section. The commissioner shall assign each producer with a license or 339
authorization identifier in a format consistent with 7 CFR 990.3(a)(9). 340
(k) Whenever an inspection or investigation conducted by the 341
commissioner pursuant to this title reveals any violation of the state 342
plan, this section or any regulation adopted thereunder, the [grower, 343
processor,] producer license applicant or respondent, as applicable, 344
shall be notified, in writing, of such violation and any corrective action 345
to be taken and the time period within which such corrective action shall 346
be taken. Any such [grower, processor,] producer license applicant or 347
respondent may request a hearing, conducted in accordance with 348
chapter 54, on any such notification. Any notification issued pursuant 349
to this section shall be made by certified mail, return receipt requested 350
to the producer license applicant or respondent's last known address, 351 Raised Bill No. 452
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by in-hand service by the commissioner or designated agent of the 352
commissioner, electronic mail service with the consent of the recipient, 353
or by service in accordance with chapter 896. The commissioner shall 354
report all producer violations made with a culpable mental state greater 355
than negligence to the United States Attorney General and the State's 356
Attorney for the judicial district in which the producer violation 357
occurred. 358
(l) Nothing in this section shall be construed to limit the 359
commissioner's authority to issue a cease and desist order pursuant to 360
section 22-4d, or an emergency order, in order to respond to a condition 361
that may present a public health hazard, or issue orders necessary to 362
effectuate the purposes of this section, including, but not limited to, 363
orders for the embargo, partial destruction, destruction and release of 364
hemp or hemp products. Any cease and desist order or an emergency 365
order shall become effective upon service of such order by the 366
commissioner. Following service of any such order, subsequent 367
proceedings shall proceed in accordance with the provisions of section 368
22-4d and the rules of practice for such agency. Any embargo, partial 369
destruction, destruction or release order issued pursuant to this section 370
shall be served by certified mail, return receipt requested to the 371
respondent's last known address, by in-hand service by the 372
commissioner or designated agent of the commissioner, or by service in 373
accordance with chapter 896. 374
(m) Following a hearing conducted in accordance with chapter 54, 375
the commissioner may impose an administrative civil penalty, not to 376
exceed two thousand five hundred dollars per violation, and suspend, 377
revoke or place conditions upon any grower or processor licensee who 378
violates the provisions of this section or any regulation adopted 379
pursuant to this section. 380
(n) (1) Any individual who [cultivates or processes] produces hemp 381
in this state without obtaining a license pursuant to this section, or who 382
[cultivates or processes] produces hemp in this state after having a 383
license suspended or revoked may be fined two hundred fifty dollars in 384 Raised Bill No. 452
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accordance with the provisions of section 51-164n. 385
(2) Any business entity that [cultivates or processes] produces hemp 386
in this state without obtaining a license pursuant to this section, or 387
[cultivates or processes] produces hemp in this state after having a 388
license suspended or revoked [shall] may be fined not more than two 389
thousand five hundred dollars per violation, after a hearing conducted 390
in accordance with chapter 54. 391
(o) (1) Any negligent violation [, as described in the federal act,] of 392
this section or the state plan except failure to obtain a producer license 393
under this section, shall be subject to enforcement in accordance with 394
the federal act, and the state plan for negligent violations. 395
(2) For any negligent violation, a producer shall be required to correct 396
such negligent violation, by means of a corrective action plan approved 397
by the commissioner. Each corrective action plan shall include, at a 398
minimum, a reasonable completion deadline for correction of the 399
negligent violation, periodic reporting to the commissioner and 400
compliance with the state plan. 401
(3) Any producer that negligently violates the state plan shall not, as 402
a result of such negligent violation, be referred by the commissioner for 403
any criminal enforcement action by the federal, state or local 404
government. 405
(4) Any producer that negligently violates the state plan three times 406
during any five-year period shall be ineligible to produce hemp for a 407
period of five years beginning on the date of the third violation. 408
(5) The commissioner shall conduct an inspection to determine if the 409
corrective action plan for a producer who commits any such negligent 410
violation was implemented. 411
(p) Any person aggrieved by an order issued pursuant to this section 412
may appeal to the commissioner in accordance with the provisions of 413
chapter 54. Such appeal shall be made in writing to the commissioner 414 Raised Bill No. 452
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and received not later than fifteen days after the date of the order. If no 415
appeal is made pursuant to this subsection the order shall be final. 416
(q) (1) All documents [included in an application for a grower or 417
processor license] submitted under this section shall be subject to 418
disclosure in accordance with chapter 14, except: [any document 419
describing, depicting or otherwise outlining a licensee's security 420
schematics and the results of any criminal history records check] (A) 421
Information depicting or describing (i) the test results of any producer, 422
(ii) the location of any hemp growing, harvesting, processing or storage 423
location, or (iii) hemp producer location security schematics; and (B) the 424
results of any criminal history records check. 425
(2) Notwithstanding the provisions of subdivision (1) of this 426
subsection, all documents and records submitted or maintained 427
pursuant to this section shall be disclosed to any law enforcement 428
agency upon request of such law enforcement agency. 429
(r) The commissioner may inspect and shall have access to the 430
buildings, equipment, supplies, vehicles, records, real property and 431
other information that the commissioner deems necessary to carry out 432
the commissioner's duties pursuant to this section from any person 433
participating in [the planting, cultivating, harvesting, processing,] 434
producing, handling, storing marketing or researching [of] hemp. 435
[(s) The commissioner shall establish an inspection and testing 436
program to determine THC levels and ensure compliance with the limits 437
on THC concentration in all hemp grown in the state by a grower 438
licensee. The grower shall collect a pre-harvest sample no more than 439
fifteen days before the intended harvest date, in accordance with the 440
commissioner's pre-harvest hemp sampling protocol adopted in 441
accordance with chapter 54 and published on the Internet web site of 442
the Department of Agriculture. The grower and processor licensees 443
shall be responsible for all costs of disposal of hemp samples and any 444
hemp produced by a licensee that violates the provisions of this section 445
or any regulation adopted pursuant to this section. A hemp sample fails 446 Raised Bill No. 452
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THC testing if the test report indicates that the sample contains an 447
average THC concentration greater than 0.3 per cent on a dry weight 448
basis. The commissioner may order and conduct post-harvest sample 449
THC testing of a plot if the results of an initial THC test on the pre-450
harvest sample provided and collected by the licensee indicate a THC 451
concentration in the pre-harvest sample in excess of such permitted 452
levels, unless the licensee elects to destroy the crop prior to post-harvest 453
sample THC testing.] 454
[(t)] (s) Nothing in this section shall be construed to apply to any 455
licensee of palliative marijuana authorized pursuant to chapter 420f. 456
[(u)] (t) All licensees pursuant to this section shall maintain records 457
required by the federal act, the state plan, this section and any regulation 458
adopted pursuant to this section. Each licensee shall make such records 459
available to the department immediately upon request of the 460
commissioner and in electronic format, if available. 461
[(v)] (u) The commissioner [shall] may adopt regulations, in 462
accordance with the provisions of chapter 54, to implement the 463
provisions of this section including, but not limited to, [establishing 464
sampling and testing procedures to ensure compliance with the federal 465
act and to prescribe disposal procedures for plants grown in violation 466
of the federal act] the labeling of producer hemp products. 467
[(w)] (v) Notwithstanding any provision of the general statutes: (1) 468
Marijuana does not include hemp or hemp products; (2) THC that does 469
not exceed 0.3 per cent by dry weight and that is found in hemp shall 470
not be considered to be THC that constitutes a controlled substance; (3) 471
hemp-derived cannabidiols, including CBD, shall not constitute 472
controlled substances or adulterants solely on the basis of containing 473
CBD; and (4) hemp products that contain one or more hemp-derived 474
cannabidiols, such as CBD, intended for ingestion shall be considered 475
foods, not controlled substances or adulterated products solely on the 476
basis of the containing hemp-derived cannabidiols. 477
[(x)] (w) Whenever the commissioner believes or has reasonable 478 Raised Bill No. 452
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cause to believe that the actions of a licensee or any employee of a 479
grower or processor licensee [will violate] are in violation of the federal 480
act, the state plan, or any state law concerning the growing, cultivation, 481
handling, transporting or possession of marijuana, the commissioner 482
shall notify the Department of Emergency Services and Public 483
Protection and the State Police. 484
[(y) The Commissioner of Agriculture may enter an agreement with 485
any state or federally recognized Indian tribe to assist such tribe in the 486
development of a pilot program under the federal act or to have 487
applicants from such tribe participate in the pilot program established 488
pursuant to subsection (b) of this section.] 489
Sec. 2. Section 22-61m of the 2020 supplement to the general statutes 490
is repealed and the following is substituted in lieu thereof (Effective from 491
passage): 492
(a) No person shall manufacture in the state without a license to 493
manufacture issued by the Commissioner of Consumer Protection. 494
(b) Each applicant for a manufacturer license shall submit an 495
application on a form and in a manner prescribed by the Commissioner 496
of Consumer Protection. 497
(c) The following fees shall apply for a license to manufacture: 498
(1) A nonrefundable license application fee of [fifty] seventy-five 499
dollars; and 500
(2) A nonrefundable licensing fee of [two hundred fifty] three 501
hundred seventy-five dollars for a license to manufacture hemp. 502
(d) A license to manufacture [hemp or hemp products] issued by the 503
Commissioner of Consumer Protection pursuant to this section shall 504
expire [biennially] triennially on June thirtieth. Such licenses shall not 505
be transferable. 506
(e) In accordance with a hearing held pursuant to chapter 54, the 507 Raised Bill No. 452
LCO No. 2826 18 of 25
Commissioner of Consumer Protection may deny, suspend or revoke a 508
manufacturer license, issue fines of not more than two thousand five 509
hundred dollars per violation and place c onditions upon a 510
manufacturer licensee who violates the provisions of this section and 511
any regulation adopted pursuant to this section. 512
(f) (1) Any individual who manufactures in this state without 513
obtaining a license pursuant to this section or who manufactures in this 514
state after such entity's license is suspended or revoked shall be fined 515
two hundred fifty dollars in accordance with the provisions of section 516
51-164n. 517
(2) Any [business entity] person who manufactures in this state 518
without obtaining a license pursuant to this section, or who 519
manufactures in this state after having a license suspended, shall be 520
fined not more than two thousand five hundred dollars per violation 521
after a hearing conducted in accordance with the provisions of chapter 522
54. 523
(g) Nothing in this section shall be construed to apply to any licensee 524
of palliative marijuana authorized pursuant to chapter 420f. 525
(h) The Commissioner of Consumer Protection may inspect and shall 526
have access to the buildings, equipment, supplies, vehicles, records, real 527
property and other information of any manufacturer applicant or 528
licensee that the commissioner deems necessary to carry out the 529
commissioner's duties pursuant to this section. 530
(i) (1) Each manufacturer shall follow the protocol in this subsection 531
for disposing of [hemp or hemp products] cannabis in the event that any 532
hemp or hemp product is deemed to [contain a] exceed the prescribed 533
THC concentration, [of more than 0.3 per cent on a dry weight basis,] as 534
determined by the Commissioner of Consumer Protection, or a 535
manufacturer licensee in possession of hemp or hemp products who 536
desires to dispose of obsolete, misbranded, excess or otherwise 537
undesired product. Each manufacturer licensee shall be responsible for 538
all costs of disposal of hemp samples and any hemp produced by such 539 Raised Bill No. 452
LCO No. 2826 19 of 25
licensee that violates the provisions of this section or any regulation 540
adopted pursuant to this section. Any [hemp or hemp product 541
containing a] cannabis that exceeds the prescribed THC concentration 542
[of more than 0.3 per cent on a dry weight basis] allowable in hemp or 543
hemp products shall be immediately embargoed by such manufacturer 544
and clearly labeled as adulterated by such licensee and such licensee 545
shall immediately notify both the Department of Consumer Protection 546
and the Department of Agriculture, in writing, of such adulterated 547
product. Such adulterated product shall be destroyed and disposed of 548
by the following method, as determined by the Commissioner of 549
Consumer Protection: 550
(A) Surrender, without compensation, of such hemp or hemp product 551
to the Commissioner of Consumer Protection who shall be responsible 552
for the destruction and disposal of such adulterated product; or 553
(B) By disposal in [the presence of an authorized representative of] a 554
manner prescribed by the Commissioner of Consumer Protection. [in 555
such a manner as to render the hemp or hemp product nonrecoverable.] 556
(2) Notwithstanding the provisions of subdivision (1) of this 557
subsection, upon written request of a manufacturer, the Commissioner 558
of Consumer Protection may permit such manufacturer to combine 559
different batches of raw hemp plant material to achieve a THC 560
concentration of 0.3 per cent on a dry weight basis, in lieu of embargo 561
or destruction. 562
(j) The [person] manufacturer or manufacturer's authorized designee 563
disposing of the hemp or hemp products shall maintain and make 564
available to the Commissioner of Consumer Protection a record of each 565
such disposal or destruction of product indicating: 566
(1) The date, time and location of disposal or destruction; 567
(2) The manner of disposal or destruction; 568
(3) The batch or lot information and quantity of hemp or hemp 569 Raised Bill No. 452
LCO No. 2826 20 of 25
product disposed of or destroyed; and 570
(4) The signatures of the persons disposing of the hemp or hemp 571
products, the authorized representative of the Commissioner of 572
Consumer Protection and any other persons present during the 573
disposal. 574
(k) Any hemp intended to be manufactured [as a consumable] into a 575
manufacturer hemp product shall be tested by an independent testing 576
laboratory. [or any other such laboratory that is accredited as a testing 577
laboratory to International Organization for Standardization (ISO) 578
17025 by a third-party accrediting body.] A manufacturer licensee shall 579
make available samples, in an amount and type determined by the 580
Commissioner of Consumer Protection, of hemp [or hemp product] for 581
an independent testing laboratory employee to select random samples. 582
The independent testing laboratory [or other such laboratory] shall test 583
each sample for microbiological contaminants, mycotoxins, heavy 584
metals and pesticide chemical residue, and for purposes of conducting 585
an active ingredient analysis, if applicable, as determined by the 586
Commissioner of Consumer Protection. 587
(l) Once a batch of hemp, [or hemp product,] intended to be sold as a 588
[consumable] manufacturer hemp product, has been homogenized for 589
sample testing and eventual packaging and sale, until the independent 590
testing laboratory [or other such laboratory] provides the results from 591
its tests and analysis, the manufacturer licensee shall segregate and 592
withhold from use the entire batch of hemp that is intended for 593
[consumable] use as a manufacturer hemp product, except the samples 594
that have been removed by the independent testing laboratory for 595
testing. During this period of segregation, the manufacturer licensee 596
shall maintain the hemp [or hemp product] batch in a secure, cool and 597
dry location, as prescribed by the Commissioner of Consumer 598
Protection, so as to prevent the hemp [or hemp product] from becoming 599
adulterated. Such manufacturer shall not manufacture or sell a 600
[consumable] manufacturer hemp product prior to the time that the 601
independent testing laboratory [or other such laboratory] completes 602 Raised Bill No. 452
LCO No. 2826 21 of 25
testing and analysis and provides such results, in writing, to the 603
manufacturer licensee who initiated such testing. 604
(m) An independent testing laboratory [or other such laboratory] 605
shall immediately return or dispose of any hemp [or hemp product] 606
upon the completion of any testing, use or research. If an independent 607
testing laboratory [or other such laboratory] disposes of hemp or 608
manufacturer hemp products, the laboratory shall dispose of such hemp 609
in the following manner, as determined by the Commissioner of 610
Consumer Protection: 611
(1) By surrender, without compensation, of such hemp [or hemp 612
product] to the Commissioner of Consumer Protection who shall be 613
responsible for the destruction and disposal of such hemp or hemp 614
product; or 615
(2) By disposal in [the presence of an authorized representative of] a 616
manner prescribed by the Commissioner of Consumer Protection. [in 617
such a manner as to render the hemp or hemp product nonrecoverable.] 618
(n) If a sample does not pass the microbiological, mycotoxin, heavy 619
metal or pesticide chemical residue test, based on the standards 620
prescribed by the Commissioner of Consumer Protection and published 621
on the Internet web site of the Department of Consumer Protection, the 622
manufacturer licensee who sent such batch for testing shall dispose of 623
the entire batch from which the sample was taken in accordance with 624
procedures established by the Commissioner of Consumer Protection 625
pursuant to subdivision (1) of subsection (i) of this section. 626
(o) If a sample passes the microbiological, mycotoxin, heavy metal 627
and pesticide chemical residue test, the independent testing laboratory 628
[or other such laboratory] shall release the entire batch for 629
manufacturing, processing or sale. 630
(p) The independent testing laboratory [or other such laboratory] 631
shall file with the Department of Consumer Protection an electronic 632
copy of each laboratory test result for any batch that does not pass the 633 Raised Bill No. 452
LCO No. 2826 22 of 25
microbiological, mycotoxin, heavy metal or pesticide chemical residue 634
test, at the same time that it transmits such results to the manufacturer 635
licensee who requested such testing. Each independent testing 636
laboratory [or other such laboratory] shall maintain the test results of 637
each tested batch for a period of three years and shall make such results 638
available to the Department of Consumer Protection upon request. 639
(q) Manufacturer licensees shall maintain records required by the 640
federal act, this section and any regulation adopted pursuant to this 641
section. Each manufacturer licensee shall make such records available 642
to the Department of Consumer Protection immediately upon request 643
and in electronic format, if available. 644
(r) The Commissioner of Consumer Protection may adopt 645
regulations, in accordance with the provisions of chapter 54, to 646
implement the provisions of this section including, but not limited to, 647
establishing sampling and testing procedures to ensure compliance 648
with [the federal act, to prescribe] this section, prescribing storage and 649
disposal procedures for [plants grown in violation of the federal act] 650
hemp, marijuana and manufacturer hemp products that fail to pass 651
Department of Consumer Protection prescribed independent testing 652
laboratory testing standards and [to establish] establishing advertising 653
and labeling requirements for [consumables] manufacturer hemp 654
products. 655
(s) Any claim of health impacts, medical effects or physical or mental 656
benefits shall be prohibited on any advertising for, labeling of or 657
marketing of [consumables] manufacturer hemp products. Any 658
violation of this subsection shall be deemed an unfair or deceptive trade 659
practice under chapter 735a. 660
(t) Not later than February 1, 2020, the Commissioners of Agriculture 661
and Consumer Protection shall submit a report, in accordance with 662
section 11-4a, to the joint standing committee of the general assembly 663
having cognizance of matters relating to the environment on the status 664
of the pilot program, the development of the state plan and any 665 Raised Bill No. 452
LCO No. 2826 23 of 25
regulations for such pilot program or state plan. Additionally such 666
report shall include any legislative recommendations, including, but not 667
limited to, any recommendations for requiring the registration of any 668
[consumable] manufacturer hemp product offered for sale in this state. 669
(u) Any person who sells manufacturer hemp products shall not be 670
required to be licensed, provided such person only engages in: (1) The 671
retail or wholesale sale of manufacturer hemp products in which no 672
further manufacturing of hemp occurs, provided such manufacturer 673
hemp products are acquired from a person authorized to manufacture 674
the manufacturer hemp products under the laws of this state or another 675
state, territory or possession of the United States or another sovereign 676
entity; (2) the acquisition of manufacturer hemp products for the sole 677
purpose of product distribution for resale; or (3) the retail sale of 678
manufacturer hemp products that is otherwise authorized under federal 679
or state law. 680
(v) Notwithstanding any provision of the general statutes: (1) 681
Marijuana does not include manufacturer hemp products; (2) CBD that 682
is found in manufacturer hemp products shall not be considered a 683
controlled substance, as defined in section 21a-240, as amended by this 684
act, or legend drug, as defined in 20-571; and (3) cannabinoids derived 685
from hemp and contained in manufacturer hemp products shall not be 686
considered controlled substances or adulterants. 687
Sec. 3. Subdivision (7) of section 21a-240 of the 2020 supplement to the 688
general statutes is repealed and the following is substituted in lieu 689
thereof (Effective from passage): 690
(7) "Cannabis-type substances" include all parts of any plant, or 691
species of the genus cannabis or any infra specific taxon thereof whether 692
growing or not; the seeds thereof; the resin extracted from any part of 693
such a plant; and every compound, manufacture, salt, derivative, 694
mixture or preparation of such plant, its seeds or resin; but shall not 695
include the mature stalks of such plant, fiber produced from such stalks, 696
oil or cake made from the seeds of such plant, any other compound, 697 Raised Bill No. 452
LCO No. 2826 24 of 25
manufacture, salt, derivative, mixture or preparation of such mature 698
stalks, except the resin extracted therefrom, fiber, oil or cake, the 699
sterilized seed of such plant which is incapable of germination, or hemp, 700
as defined in 7 USC 1639o, as amended from time to time. Included are 701
cannabinon, cannabinol, cannabidiol and chemical compounds which 702
are similar to cannabinon, cannabinol or cannabidiol in chemical 703
structure or which are similar thereto in physiological effect, and which 704
show a like potential for abuse, which are controlled substances under 705
this chapter unless [modified] derived from hemp, as defined in section 706
22-61l, as amended by this act; 707
Sec. 4. Subdivision (29) of section 21a-240 of the 2020 supplement to 708
the general statutes is repealed and the following is substituted in lieu 709
thereof (Effective from passage): 710
(29) "Marijuana" means all parts of any plant, or species of the genus 711
cannabis or any infra specific taxon thereof, whether growing or not; the 712
seeds thereof; the resin extracted from any part of the plant; and every 713
compound, manufacture, salt, derivative, mixture, or preparation of 714
such plant, its seeds or resin. Marijuana does not include the mature 715
stalks of such plant, fiber produced from such stalks, oil or cake made 716
from the seeds of such plant, any other compound, manufacture, salt, 717
derivative, mixture or preparation of such mature stalks, except the 718
resin extracted therefrom, fiber, oil, or cake, the sterilized seed of such 719
plant which is incapable of germination, or hemp, as defined in 7 USC 720
1639o, as amended from time to time. Included are cannabinon, 721
cannabinol or cannabidiol and chemical compounds which are similar 722
to cannabinon, cannabinol or cannabidiol in chemical structure or which 723
are similar thereto in physiological effect, and which show a like 724
potential for abuse, which are controlled substances under this chapter 725
unless [modified] derived from hemp, as defined in section 22-61l, as 726
amended by this act; 727
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 22-61l Raised Bill No. 452
LCO No. 2826 25 of 25
Sec. 2 from passage 22-61m
Sec. 3 from passage 21a-240(7)
Sec. 4 from passage 21a-240(29)
Statement of Purpose:
To make the state's hemp program consistent with requirements of
federal law.
[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.]