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General Assembly Raised Bill No. 6099
January Session, 2021
LCO No. 2339
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT CONCERNING AN TITRUST ISSUES AND THE PALLIATIVE
USE OF MARIJUANA.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) (a) For purposes of this 1
section: 2
(1) "Material change" means: (A) The addition of a dispensary facility 3
backer or producer backer, (B) a change in the ownership interest of an 4
existing dispensary facility backer or producer backer, (C) the merger, 5
consolidation or other affiliation of a medical marijuana business with 6
another person, (D) the acquisition of all or part of a medical marijuana 7
business by another person, and (E) the transfer of assets or security 8
interests from a medical marijuana business to another person; 9
(2) "Medical marijuana business" means a medical marijuana 10
dispensary facility or production facility, licensed pursuant to chapter 11
420f of the general statutes and the regulations promulgated 12
thereunder; 13
(3) "Person" means an individual, firm, partnership, corporation, 14 Raised Bill No. 6099
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company, association, trust or other business or tribal entity; and 15
(4) "Transfer" means to sell, transfer, lease, exchange, option, convey, 16
give or otherwise dispose of or transfer control over, including, but not 17
limited to, transfer by way of merger or joint venture not in the ordinary 18
course of business. 19
(b) No person shall, directly or indirectly, enter into a transaction that 20
results in a material change to a medical marijuana business, unless all 21
persons involved in the transaction file a written notification with the 22
Attorney General pursuant to subsection (c) of this section and the 23
waiting period described in subsection (d) of this section has expired. 24
(c) The written notice required under subsection (b) of this section 25
shall be in such form and contain such documentary material and 26
information relevant to the proposed transaction as the Attorney 27
General deems necessary and appropriate to enable the Attorney 28
General to determine whether such transaction, if consummated, would 29
violate antitrust laws. 30
(d) The waiting period required under subsection (b) of this section 31
shall begin on the date of the receipt by the Attorney General's office of 32
the completed notification required under subsection (c) of this section 33
from all parties to the transaction and shall end on the thirtieth day after 34
the date of such receipt, unless such time is extended pursuant to 35
subsection (f) of this section. 36
(e) The Attorney General may, in individual cases, terminate the 37
waiting period specified in subsection (d) of this section and allow any 38
person to proceed with any transaction. 39
(f) The Attorney General may, prior to the expiration of the thirty-day 40
waiting period, require, pursuant to a subpoena or voluntarily, the 41
submission of additional information or documentary material relevant 42
to the proposed acquisition from a person required to file notification 43
with respect to such acquisition under subsection (b) of this section. 44
Upon request for additional information under this subsection, the 45 Raised Bill No. 6099
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waiting period shall be extended until thirty days after the parties have 46
substantially complied, as determined solely by the Attorney General, 47
with such request for additional information. 48
(g) Any information or documentary material filed with the Attorney 49
General pursuant to this section shall not be disclosed pursuant to 50
subsection (c) of section 35-42 of the general statutes and, shall be 51
exempt from disclosure under section 1-200, et seq. of the general 52
statutes, and no such information or documentary material may be 53
made public, except as may be relevant to any administrative or judicial 54
action or proceeding. Such information or documentary material shall 55
be returned to the person furnishing such information or documentary 56
material upon the termination of the Attorney General's review or final 57
determination of any action or proceeding commenced thereunder. 58
Sec. 2. Section 22-61l of the general statutes is repealed and the 59
following is substituted in lieu thereof (Effective July 1, 2021): 60
(a) For the purpose of this section and section 22-61m, as amended by 61
this act, the following terms have the same meaning as provided in 7 62
CFR 990.1, as amended from time to time: "Acceptable hemp THC level", 63
"Agricultural marketing service", "Cannabis", "Conviction", "Corrective 64
action plan", "Culpable mental state greater than negligence", 65
"Decarboxylated", "Decarboxylation", "Dry weight basis", "Gas 66
chromatography", "Geospatial location", "Handle", "High-performance 67
liquid chromatography", "Information sharing system", "Measurement 68
of uncertainty", "Negligence", "Phytocannabinoid", 69
"Postdecarboxylation" and "Reverse distributor". In addition, for the 70
purpose of this section and section 22-61m, as amended by this act: 71
(1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by 72
the same name; 73
(2) "Certificate of analysis" means a certificate from a laboratory 74
describing the results of the laboratory's testing of a sample; 75
(3) "Commissioner" means the Commissioner of Agriculture, or the 76 Raised Bill No. 6099
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commissioner's designated agent; 77
(4) "Cultivate" means to plant, grow, harvest, handle and store a plant 78
or crop; 79
(5) "Federal act" means the United States Agricultural Marketing Act 80
of 1946, 7 USC 1639o et seq., as amended from time to time; 81
(6) "Department" means the Department of Agriculture; 82
(7) "Hemp" has the same meaning as provided in the federal act; 83
(8) "Hemp products" means all manufacturer hemp products and 84
producer hemp products; 85
(9) "Independent testing laboratory" means a facility: 86
(A) For which no person who has any direct or indirect financial or 87
managerial interest in the laboratory and also has any direct or indirect 88
interest in a facility that: 89
(i) Produces, distributes, manufactures or sells hemp or hemp 90
products, or marijuana in any state or territory of the United States; or 91
(ii) Cultivates, processes, distributes, dispenses or sells marijuana; 92
and 93
(B) That is accredited as a laboratory in compliance with section 21a-94
408-59 of the regulations of Connecticut state agencies; 95
(10) "Laboratory" means a laboratory that meets the requirements of 96
7 CFR 990.3 and that is accredited as a testing laboratory to International 97
Organization for Standardization (ISO) 17025 by a third-party 98
accrediting body such as the American Association for Laboratory 99
Accreditation or the Assured Calibration and Laboratory Accreditation 100
Select Services; 101
(11) "Law enforcement agency" means the Connecticut State Police, 102
the United States Drug Enforcement Administration, the Department of 103 Raised Bill No. 6099
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Agriculture, the Department of Consumer Protection Drug Control 104
Division or any other federal, state or local law enforcement agency or 105
drug suppression unit; 106
(12) "Licensee" means an individual or entity that possesses a license 107
to produce or manufacture hemp or hemp products in this state; 108
(13) "Manufacture" means the conversion of the hemp plant into a by-109
product by means of adding heat, solvents or any method of extraction 110
that modifies the original composition of the plant for the purpose of 111
creating a manufacturer hemp product for commercial or research 112
purposes; 113
(14) "Manufacturer" means a person in the state licensed by the 114
Commissioner of Consumer Protection to manufacture, handle, store 115
and market manufacturer hemp products pursuant to the provisions of 116
section 22-61m, as amended by this act, and any regulation adopted 117
pursuant to section 22-61m, as amended by this act; 118
(15) "Marijuana" has the same meaning as provided in section 21a-119
240; 120
(16) "Market" or "marketing" means promoting, distributing or 121
selling a hemp product within the state, in another state or outside of 122
the United States and includes efforts to advertise and gather 123
information about the needs or preferences of potential consumers or 124
suppliers; 125
(17) "On-site manager" means the individual designated by the 126
producer license applicant or producer responsible for on-site 127
management and operations of a licensed producer; 128
(18) "Pesticide" has the same meaning as "pesticide chemical" as 129
provided in section 21a-92; 130
(19) "Lot" means a contiguous area in a field, greenhouse or indoor 131
growing structure containing the same variety or strain of hemp 132
throughout the area; 133 Raised Bill No. 6099
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(20) "Post-harvest sample" means a representative sample of the form 134
of hemp taken from the harvested hemp from a particular lot's harvest 135
that is collected in accordance with the procedures established by the 136
commissioner; 137
(21) "Pre-harvest sample" means a composite, representative portion 138
from plants in a hemp lot, that is collected in accordance with the 139
procedures established by the commissioner; 140
(22) "Produce" means to cultivate hemp or create any producer hemp 141
product; 142
(23) "State plan" means a state plan, as described in the federal act and 143
as authorized pursuant to this section; 144
(24) "THC" means delta-9-tetrahydrocannabinol; 145
(25) "Controlled Substances Act" or "CSA" means the Controlled 146
Substances Act as codified in 21 USC 801 et seq.; 147
(26) "Criminal history report" means the Federal Bureau of 148
Investigation's Identity History Summary; 149
(27) "Drug Enforcement Administration" or "DEA" means the United 150
States Drug Enforcement Administration; 151
(28) "Farm service agency" or "FSA" means an agency of the United 152
States Department of Agriculture; 153
(29) "Key participant" means a sole proprietor, a partner in 154
partnership or a person with executive managerial control in an entity, 155
including persons such as a chief executive officer, chief operating 156
officer and chief financial officer; 157
(30) "Manufacturer hemp product" means a commodity 158
manufactured from the hemp plant, for commercial or research 159
purposes, that is intended for human ingestion, inhalation, absorption 160
or other internal consumption, that contains a THC concentration of not 161 Raised Bill No. 6099
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more than 0.3 per cent on a dry weight basis or per volume or weight of 162
such manufacturer hemp product; 163
(31) "Producer" means an individual or entity licensed by the 164
commissioner to produce and market producer hemp products 165
pursuant to the federal act, the state plan, the provisions of this section 166
and the regulations adopted pursuant to this section; 167
(32) "Producer hemp product" means any of the following produced 168
in this state: Raw hemp product, fiber-based hemp product or animal 169
hemp food product, and each of which contains a THC concentration of 170
not more than 0.3 per cent on a dry weight basis or per volume or weight 171
of such producer hemp product; 172
(33) "USDA" means the United States Department of Agriculture; 173
(34) "Entity" means a corporation, joint stock company, association, 174
limited partnership, limited liability partnership, limited liability 175
company, irrevocable trust, estate, charitable organization or other 176
similar organization, including any such organization participating in 177
the hemp production as a partner in a general partnership, a participant 178
in a joint venture or a participant in a similar organization; and 179
(35) "Homogenize" means to blend hemp into a mixture that has a 180
uniform quality and content throughout such mixture. 181
(b) The Commissioner of Agriculture shall establish and operate an 182
agricultural pilot program, as defined in 7 USC 5940, as amended from 183
time to time, for hemp research to enable the department, and its 184
licensees, to study methods of producing and marketing hemp. All 185
producer licensees licensed pursuant to this section shall be participants 186
in the state agricultural pilot program for hemp research. Until such 187
time as said commissioner adopts regulations, in accordance with the 188
provisions of chapter 54, the Department of Agriculture shall utilize 189
procedures and guidance policies that the commissioner deems to be 190
consistent with the provisions of 7 USC 5940, as amended from time to 191
time, provided such procedures and guidance policies shall, at a 192 Raised Bill No. 6099
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minimum, require: (1) The commissioner to certify and register any site 193
used to grow hemp, (2) any person who produces hemp to produce 194
plants that meet the definition of hemp and verify such, (3) the 195
maintenance of records by any person who grows hemp and the 196
availability of inspection of such records by the commissioner, and (4) 197
verification of compliance with the definition of hemp by a laboratory, 198
at the expense of any licensee. The provisions of this section shall take 199
precedence over any such procedure or guidance policy. Participants in 200
the state agricultural pilot program for hemp research shall be licensed 201
in accordance with the provisions of this section. Such pilot program 202
shall operate until the earlier of the date of a fully approved state plan 203
under the federal act, as described in this section, or the date of repeal 204
of the federal law permitting the state's agricultural pilot program for 205
hemp research. 206
(c) (1) The commissioner shall prepare a state plan in accordance with 207
the federal act and 7 CFR 990.3, for approval by the Governor, in 208
consultation with the office of the Chief State's Attorney and the 209
Attorney General. The state plan, once approved by the Governor and 210
the Attorney General, shall be submitted by the commissioner to the 211
United States Secretary of Agriculture for his or her approval. The 212
commissioner shall have the authority to amend the state plan, in 213
consultation with the Governor, the Attorney General and the office of 214
the Chief State's Attorney, as necessary to comply with the federal act. 215
(2) The commissioner shall operate the state plan, which shall 216
include, at a minimum, the following requirements: 217
(A) The sampling of hemp shall comply, at a minimum, with 7 CFR 218
990.3(a)(2) and be performed by the commissioner, the commissioner's 219
designated agents, or an authorized sampling agent; 220
(B) The testing of hemp shall comply, at a minimum, with 7 CFR 221
990.3(a)(3); 222
(C) The control and disposal of noncompliant cannabis plants shall 223
comply with 7 CFR 990.27; 224 Raised Bill No. 6099
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(D) The department shall comply with all recordkeeping and 225
reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 226
990.71, inclusive; 227
(E) The department shall comply with enforcement procedures in 7 228
CFR 990.6; 229
(F) The department shall conduct annual inspections of, at a 230
minimum, a random sample of producers to verify that hemp is not 231
produced in violation of the federal act, the state plan and the provisions 232
of this section, and shall enforce any violation as provided for in the 233
federal act and as defined in 7 CFR 990.6; 234
(G) Producers shall report their required license, lot and hemp crop 235
acreage information to FSA, in accordance with the requirements in 7 236
CFR 990.7; and 237
(H) Producers shall report to the commissioner the total acreage of 238
hemp planted, harvested and, if applicable, disposed of, and such other 239
information as the commissioner may require. 240
(3) All sampling and testing of hemp shall be done using protocols 241
that are at least as statistically valid as the USDA's published protocols 242
for sampling and testing of hemp, which protocols shall be posted on 243
the department's Internet web site. During a scheduled sample 244
collection, the producer, or an authorized representative of the 245
producer, shall be present at the lot. A producer shall not harvest the 246
cannabis crop prior to the taking of samples. Samples of hemp plant 247
material from one lot shall not be commingled with hemp plant material 248
from other lots. Lots tested and not certified by a laboratory at or below 249
the acceptable hemp THC level shall be handled and disposed of in 250
accordance with the federal act, the provisions of this section and the 251
state plan, as applicable. 252
(4) The commissioner shall collect, maintain and provide to the 253
USDA, on a timely basis, and not less than once per month, license status 254
of each hemp producer, contact information for each hemp producer 255 Raised Bill No. 6099
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licensed in the state, including lot legal descriptions and locations, and 256
any changes to such information. The commissioner shall also report to 257
the USDA, on a timely basis, and not less than once per month, all 258
required hemp test results and disposal information for all 259
nonconforming hemp plants and plant material. Such information shall 260
not include state and federal fingerprint-based records pursuant to 261
section 29-17a. 262
(d) The commissioner shall have the authority to enforce the federal 263
act, as amended from time to time, the state plan, this section and any 264
regulations adopted in accordance with the federal act and chapter 54 265
for hemp production in the state. The commissioner shall have the 266
authority to enforce the applicable standards for producer hemp 267
products. The commissioner may consult, collaborate and enter into 268
cooperative agreements with any federal or state agency, municipality 269
or political subdivision of the state concerning application of the 270
provisions of the federal act and the regulations adopted pursuant to the 271
federal act, as may be necessary to carry out the provisions of this 272
section. 273
(e) Any person who produces hemp shall: (1) Be licensed by the 274
commissioner; (2) comply with the federal act, the state plan, the 275
provisions of this section and any regulation adopted pursuant to this 276
section; and (3) transport hemp and hemp samples in a manner and with 277
such documentation as required by the commissioner. 278
(f) Any person who sells hemp products shall not be required to be 279
licensed provided such person only engages in: (1) The retail or 280
wholesale sale of hemp or hemp products in which no further 281
producing or manufacturing of the hemp products occurs and the hemp 282
products are acquired from a person authorized under the laws of this 283
state or another state, territory or possession of the United States or 284
another sovereign entity to possess and sell such hemp products; (2) the 285
acquisition of hemp or hemp products for the sole purpose of product 286
distribution for resale; or (3) the retail sale of hemp products that are 287
otherwise authorized under federal or state law. 288 Raised Bill No. 6099
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(g) Any applicant for a license pursuant to this section shall meet each 289
of the following requirements, as applicable: 290
(1) Each applicant, whether an individual or an entity, shall submit 291
an application for a license that consists, at a minimum, of the following: 292
(A) The name, telephone number, electronic mail address, business 293
address and address of any individual who is the applicant, the full 294
name of any entity that is the applicant, including any applicable 295
principal business location and the full name, title and electronic mail 296
address of each key participant; (B) the name and address of each lot for 297
the hemp cultivation or producing location; (C) the geospatial location 298
of each lot by means of global positioning system coordinates and legal 299
description of each lot used for the hemp cultivation; (D) the acreage 300
size of each lot where the hemp will be cultivated; (E) written consent 301
allowing the commissioner to conduct both scheduled and random 302
inspections of and around the premises on which the hemp is to be 303
cultivated, harvested, stored and produced; and (F) any other 304
information as may be required by the commissioner; 305
(2) Each individual who is an applicant and each key participant of 306
any entity applying for a producer license, or renewal thereof, shall 307
submit to state and national fingerprint-based criminal history records 308
checks conducted in accordance with section 29-17a, at his or her own 309
expense. For the period commencing on the effective date of this section 310
and ending on December 31, 2021, the results of any such criminal 311
history records checks shall be provided by such applicants and key 312
participants to the commissioner for review; 313
(3) No individual, including any key participant of any entity, who 314
has been convicted of any felony, as prescribed in the federal act, shall 315
be eligible to obtain or hold a producer license, provided such restriction 316
shall not apply to any individual who lawfully grew hemp with a 317
license, registration or authorization under any state pilot program 318
authorized by section 7606 of the Agricultural Act of 2014 before 319
December 20, 2018. Any individual or entity that materially falsifies any 320
information in an application pursuant to this section shall be ineligible 321 Raised Bill No. 6099
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to obtain a producer license; and 322
(4) Each individual or entity who is required by this section to obtain 323
a producer license shall pay for all costs of sampling, testing, retesting 324
and resampling any samples at a laboratory for the purpose of 325
determining the THC concentration level of any cannabis under their 326
control, or in their possession. Each individual or entity who is required 327
by this section to obtain a producer license shall pay for all costs of 328
disposal of all noncompliant cannabis plants under their control, or in 329
their possession. 330
(h) Any producer license issued by the commissioner shall expire on 331
the third following December thirty-first and may be renewed during 332
the preceding month of October. Such licenses shall not be transferable. 333
(i) The following fees shall apply for each producer license and 334
inspection: 335
(1) A nonrefundable license application fee of fifty dollars, provided 336
any constituent unit of higher education, state agency or department 337
shall be exempt from such application fee if such production is for 338
research purposes; 339
(2) A nonrefundable triennial producer license fee of four hundred 340
fifty dollars for up to one acre of planned hemp plantings and thirty 341
dollars per each additional acre of planned hemp plantings rounded to 342
the nearest acre, except no license fee charged shall exceed three 343
thousand dollars, provided any constituent unit of higher education, 344
state agency or department shall be exempt from such license fee if such 345
production is for research purposes; and 346
(3) In the event that resampling by the commissioner is required due 347
to a test result that shows a violation of any provision of this section or 348
any regulation adopted pursuant to this section, the licensee shall pay 349
an inspection fee of fifty dollars. Such fee shall be paid prior to the 350
inspection and collection of the sample to be used for resampling. 351 Raised Bill No. 6099
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(j) After receipt and review of an application for producer licensure, 352
the commissioner may grant a triennial license upon a finding that the 353
applicant meets the applicable requirements. Each producer licensee 354
shall notify the commissioner of any changes to their application 355
information, not later than fifteen days after such change. While the 356
pilot program is in effect, the commissioner may grant a conditional 357
approval of a producer license, pending receipt of the criminal history 358
records check required by this section. The commissioner shall assign 359
each producer with a license or authorization identifier in a format 360
consistent with 7 CFR 990.3(a)(9). 361
(k) Whenever an inspection or investigation conducted by the 362
commissioner pursuant to this title reveals any violation of the state 363
plan, this section or any regulation adopted thereunder, the producer 364
license applicant or respondent, as applicable, shall be notified, in 365
writing, of such violation and any corrective action to be taken and the 366
time period within which such corrective action shall be taken. Any such 367
producer license applicant or respondent may request a hearing, 368
conducted in accordance with chapter 54, on any such notification. Any 369
notification issued pursuant to this section shall be made by certified 370
mail, return receipt requested to the producer license applicant or 371
respondent's last known address, by in-hand service by the 372
commissioner or designated agent of the commissioner, electronic mail 373
service with the consent of the recipient, or by service in accordance 374
with chapter 896. The commissioner shall report all producer violations 375
made with a culpable mental state greater than negligence to the United 376
States Attorney General and the State's Attorney for the judicial district 377
in which the producer violation occurred. 378
(l) Nothing in this section shall be construed to limit the 379
commissioner's authority to issue a cease and desist order pursuant to 380
section 22-4d, or an emergency order, in order to respond to a condition 381
that may present a public health hazard, or issue orders necessary to 382
effectuate the purposes of this section, including, but not limited to, 383
orders for the embargo, partial destruction, destruction and release of 384
hemp or hemp products. Any cease and desist order or an emergency 385 Raised Bill No. 6099
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order shall become effective upon service of such order by the 386
commissioner. Following service of any such order, subsequent 387
proceedings shall proceed in accordance with the provisions of section 388
22-4d and the rules of practice for such agency. Any embargo, partial 389
destruction, destruction or release order issued pursuant to this section 390
shall be served by certified mail, return receipt requested to the 391
respondent's last known address, by in-hand service by the 392
commissioner or designated agent of the commissioner, or by service in 393
accordance with chapter 896. 394
(m) Following a hearing conducted in accordance with chapter 54, 395
the commissioner may impose an administrative civil penalty, not to 396
exceed two thousand five hundred dollars per violation, and suspend, 397
revoke or place conditions upon any producer licensee who violates the 398
provisions of this section or any regulation adopted pursuant to this 399
section. 400
(n) (1) Any individual who produces hemp in this state without 401
obtaining a license pursuant to this section, or who produces hemp in 402
this state after having a license suspended or revoked shall have 403
committed an infraction. 404
(2) Any entity that produces hemp in this state without obtaining a 405
license pursuant to this section, produces hemp in violation of this 406
section or produces hemp in this state after having a license suspended 407
or revoked may be fined not more than two thousand five hundred 408
dollars per violation, after a hearing conducted in accordance with 409
chapter 54. 410
(o) (1) Any negligent violation, as described in the federal act, of this 411
section or the state plan shall be subject to enforcement in accordance 412
with the federal act, and the state plan for negligent violations. 413
(2) For any negligent violation, a producer shall be required to correct 414
such negligent violation, by means of a corrective action plan approved 415
by the commissioner. Each corrective action plan shall include, at a 416
minimum, a reasonable completion deadline for correction of the 417 Raised Bill No. 6099
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negligent violation, periodic reporting to the commissioner for at least 418
two years and compliance with the state plan. 419
(3) Any producer that negligently violates the state plan shall not, as 420
a result of such negligent violation, be referred by the commissioner for 421
any criminal enforcement action by the federal, state or local 422
government. 423
(4) Any producer that negligently violates the state plan three times 424
during any five-year period shall be ineligible to produce hemp for a 425
period of five years beginning on the date of the third violation. 426
(5) The commissioner shall conduct an inspection to determine if the 427
corrective action plan for a producer who commits any such negligent 428
violation was properly implemented. 429
(p) Any person aggrieved by an order issued pursuant to this section 430
may appeal to the commissioner in accordance with the provisions of 431
chapter 54. Such appeal shall be made in writing to the commissioner 432
and received not later than fifteen days after the date of the order. If no 433
appeal is made pursuant to this subsection the order shall be final. 434
(q) (1) All documents submitted under this section shall be subject to 435
disclosure in accordance with chapter 14, except: (A) Information 436
depicting or describing (i) the test results of any producer, (ii) the 437
location of any hemp growing, harvesting, processing or storage 438
location, or (iii) hemp producer location security schematics; and (B) the 439
results of any criminal history records check. 440
(2) Notwithstanding the provisions of subdivision (1) of this 441
subsection, all documents and records submitted or maintained 442
pursuant to this section shall be disclosed to any law enforcement 443
agency upon request of such law enforcement agency. 444
(r) The commissioner may inspect and shall have access to the 445
buildings, equipment, supplies, vehicles, records, real property and 446
other information that the commissioner deems necessary to carry out 447 Raised Bill No. 6099
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the commissioner's duties pursuant to this section from any person 448
participating in producing, handling, storing marketing or researching 449
hemp. 450
[(s) Nothing in this section shall be construed to apply to any licensee 451
of palliative marijuana authorized pursuant to chapter 420f.] 452
[(t)] (s) All licensees pursuant to this section shall maintain records 453
required by the federal act, the state plan, this section and any regulation 454
adopted pursuant to this section. Each licensee shall make such records 455
available to the department immediately upon request of the 456
commissioner and in electronic format, if available. 457
[(u)] (t) The commissioner may adopt regulations, in accordance with 458
the provisions of chapter 54, to implement the provisions of this section 459
including, but not limited to, the labeling of producer hemp products. 460
[(v)] (u) Notwithstanding any provision of the general statutes: (1) 461
Marijuana does not include hemp or hemp products; (2) THC that does 462
not exceed 0.3 per cent by dry weight and that is found in hemp shall 463
not be considered to be THC that constitutes a controlled substance; (3) 464
hemp-derived cannabidiols, including CBD, shall not constitute 465
controlled substances or adulterants solely on the basis of containing 466
CBD; and (4) hemp products that contain one or more hemp-derived 467
cannabidiols, such as CBD, intended for ingestion shall be considered 468
foods, not controlled substances or adulterated products solely on the 469
basis of the containing hemp-derived cannabidiols. 470
[(w)] (v) Whenever the commissioner believes or has reasonable 471
cause to believe that the actions of a licensee or any employee of a 472
producer licensee are in violation of the federal act, the state plan, or any 473
state law concerning the growing, cultivation, handling, transporting or 474
possession of marijuana, the commissioner shall notify the Department 475
of Emergency Services and Public Protection and the State Police. 476
Sec. 3. Subsection (g) of section 22-61m of the general statutes is 477
repealed and the following is substituted in lieu thereof (Effective July 1, 478 Raised Bill No. 6099
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2021): 479
(g) Nothing in this [section shall be construed to apply to any licensee 480
of palliative marijuana authorized pursuant to chapter 420f] chapter or 481
any regulations adopted pursuant to this chapter shall be construed to 482
apply to persons licensed pursuant to section 21a-408i nor require 483
persons licensed pursuant said section to obtain a license pursuant to 484
this chapter. 485
Sec. 4. Subsection (k) of section 22-61m of the general statutes is 486
repealed and the following is substituted in lieu thereof (Effective July 1, 487
2021): 488
(k) Any hemp intended to be manufactured into a manufacturer 489
hemp product shall be tested by an independent testing laboratory 490
located in this state. A manufacturer licensee shall make available 491
samples, in an amount and type determined by the Commissioner of 492
Consumer Protection, of hemp for an independent testing laboratory 493
employee to select random samples. The independent testing laboratory 494
shall test each sample for microbiological contaminants, mycotoxins, 495
heavy metals and pesticide chemical residue, and for purposes of 496
conducting an active ingredient analysis, if applicable, as determined by 497
the Commissioner of Consumer Protection. 498
Sec. 5. (NEW) (Effective July 1, 2021) Marijuana producers shall 499
manufacture, market, produce or store hemp and hemp products, as 500
defined in section 22-61l of the general statutes, as amended by this act, 501
in accordance with the provisions of chapter 424 of the general statutes 502
and the regulations promulgated thereunder, except that producers 503
may obtain hemp and hemp products from a person authorized under 504
the laws of this state or another state, territory or possession of the 505
United States or another sovereign entity to possess and sell such hemp 506
and hemp products. Hemp or hemp products purchased by producers 507
from third parties shall be tracked as a separate batch throughout the 508
manufacturing process in order to document the disposition of such 509
hemp or hemp products. Once hemp or hemp products are received by 510 Raised Bill No. 6099
LCO No. 2339 18 of 18
a producer, such hemp or hemp products shall be deemed marijuana 511
and shall comply with the requirements for marijuana contained in the 512
general statutes and the regulations adopted thereunder. Producers 513
shall retain a copy of the certificate of analysis for hemp or hemp 514
products purchased and invoice and transport documents that evidence 515
the quantity purchased and date received. No hemp or hemp products 516
shall be sold or distributed within a dispensary facility, as defined in 517
section 21a-408-1 of the regulations of Connecticut state agencies. 518
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 New section
Sec. 2 July 1, 2021 22-61l
Sec. 3 July 1, 2021 22-61m(g)
Sec. 4 July 1, 2021 22-61m(k)
Sec. 5 July 1, 2021 New section
Statement of Purpose:
To require proposed changes in ownership of medical marijuana
businesses licensed by the Department of Consumer Protection to be
reviewed by the Office of the Attorney General to determine whether
such changes would violate antitrust laws and to allow medical
marijuana producers to purchase hemp and hemp products from
entities that are not part of the medical marijuana program.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]