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General Assembly Substitute Bill No. 6099
January Session, 2021
AN ACT CONCERNING AN TITRUST ISSUES AND THE PALLIATIVE
USE OF MARIJUANA AND THE SALE OF HEMP AN D HEMP
PRODUCTS.
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 adopted under said 12
chapter; 13
(3) "Person" means an individual, firm, partnership, corporation, 14
company, association, trust or other business or tribal entity; and 15 Substitute Bill No. 6099
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(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 office of the Attorney 32
General of the completed notification required under subsection (c) of 33
this section from all parties to the transaction and shall end on the 34
thirtieth day after the date of such receipt, unless such time is extended 35
pursuant to 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 a 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 transaction from a person required to file notification 43
with respect to such transaction under subsection (b) of this section. 44
Upon request for additional information under this subsection, the 45
waiting period shall be extended until thirty days after the parties have 46 Substitute Bill No. 6099
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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 the Freedom of Information Act, as 52
defined in section 1-200 of the general statutes, and no such information 53
or documentary material may be made public, except as may be relevant 54
to any administrative or judicial action or proceeding. Such information 55
or documentary material shall be returned to the person furnishing such 56
information or documentary material upon the termination of the 57
Attorney General's review or final determination of any action or 58
proceeding commenced thereunder. 59
Sec. 2. Section 22-61l of the general statutes is repealed and the 60
following is substituted in lieu thereof (Effective July 1, 2021): 61
(a) For the purpose of this section and section 22-61m, as amended by 62
this act, the following terms have the same meaning as provided in 7 63
CFR 990.1, as amended from time to time: "Acceptable hemp THC level", 64
"Agricultural marketing service", "Cannabis", "Conviction", "Corrective 65
action plan", "Culpable mental state greater than negligence", 66
"Decarboxylated", "Decarboxylation", "Dry weight basis", "Gas 67
chromatography", "Geospatial location", "Handle", "High-performance 68
liquid chromatography", "Information sharing system", "Measurement 69
of uncertainty", "Negligence", "Phytocannabinoid", 70
"Postdecarboxylation" and "Reverse distributor". In addition, for the 71
purpose of this section and section 22-61m, as amended by this act: 72
(1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by 73
the same name; 74
(2) "Certificate of analysis" means a certificate from a laboratory 75
describing the results of the laboratory's testing of a sample; 76
(3) "Commissioner" means the Commissioner of Agriculture, or the 77 Substitute Bill No. 6099
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commissioner's designated agent; 78
(4) "Cultivate" means to plant, grow, harvest, handle and store a plant 79
or crop; 80
(5) "Federal act" means the United States Agricultural Marketing Act 81
of 1946, 7 USC 1639o et seq., as amended from time to time; 82
(6) "Department" means the Department of Agriculture; 83
(7) "Hemp" has the same meaning as provided in the federal act; 84
(8) "Hemp products" means all manufacturer hemp products and 85
producer hemp products; 86
(9) "Independent testing laboratory" means a facility: 87
(A) For which no person who has any direct or indirect financial or 88
managerial interest in the laboratory and also has any direct or indirect 89
interest in a facility that: 90
(i) Produces, distributes, manufactures or sells hemp or hemp 91
products, or marijuana in any state or territory of the United States; or 92
(ii) Cultivates, processes, distributes, dispenses or sells marijuana; 93
and 94
(B) That is accredited as a laboratory in compliance with section 21a-95
408-59 of the regulations of Connecticut state agencies; 96
(10) "Laboratory" means a laboratory that meets the requirements of 97
7 CFR 990.3 and that is accredited as a testing laboratory to International 98
Organization for Standardization (ISO) 17025 by a third-party 99
accrediting body such as the American Association for Laboratory 100
Accreditation or the Assured Calibration and Laboratory Accreditation 101
Select Services; 102
(11) "Law enforcement agency" means the Connecticut State Police, 103 Substitute Bill No. 6099
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the United States Drug Enforcement Administration, the Department of 104
Agriculture, the Department of Consumer Protection Drug Control 105
Division or any other federal, state or local law enforcement agency or 106
drug suppression unit; 107
(12) "Licensee" means an individual or entity that possesses a license 108
to produce or manufacture hemp or hemp products in this state; 109
(13) "Manufacture" means the conversion of the hemp plant into a by-110
product by means of adding heat, solvents or any method of extraction 111
that modifies the original composition of the plant for the purpose of 112
creating a manufacturer hemp product for commercial or research 113
purposes; 114
(14) "Manufacturer" means a person in the state licensed by the 115
Commissioner of Consumer Protection to manufacture, handle, store 116
and market manufacturer hemp products pursuant to the provisions of 117
section 22-61m, as amended by this act, and any regulation adopted 118
pursuant to section 22-61m, as amended by this act; 119
(15) "Marijuana" has the same meaning as provided in section 21a-120
240; 121
(16) "Market" or "marketing" means promoting, distributing or 122
selling a hemp product within the state, in another state or outside of 123
the United States and includes efforts to advertise and gather 124
information about the needs or preferences of potential consumers or 125
suppliers; 126
(17) "On-site manager" means the individual designated by the 127
producer license applicant or producer responsible for on-site 128
management and operations of a licensed producer; 129
(18) "Pesticide" has the same meaning as "pesticide chemical" as 130
provided in section 21a-92; 131
(19) "Lot" means a contiguous area in a field, greenhouse or indoor 132 Substitute Bill No. 6099
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growing structure containing the same variety or strain of hemp 133
throughout the area; 134
(20) "Post-harvest sample" means a representative sample of the form 135
of hemp taken from the harvested hemp from a particular lot's harvest 136
that is collected in accordance with the procedures established by the 137
commissioner; 138
(21) "Pre-harvest sample" means a composite, representative portion 139
from plants in a hemp lot, that is collected in accordance with the 140
procedures established by the commissioner; 141
(22) "Produce" means to cultivate hemp or create any producer hemp 142
product; 143
(23) "State plan" means a state plan, as described in the federal act and 144
as authorized pursuant to this section; 145
(24) "THC" means delta-9-tetrahydrocannabinol; 146
(25) "Controlled Substances Act" or "CSA" means the Controlled 147
Substances Act as codified in 21 USC 801 et seq.; 148
(26) "Criminal history report" means the Federal Bureau of 149
Investigation's Identity History Summary; 150
(27) "Drug Enforcement Administration" or "DEA" means the United 151
States Drug Enforcement Administration; 152
(28) "Farm service agency" or "FSA" means an agency of the United 153
States Department of Agriculture; 154
(29) "Key participant" means a sole proprietor, a partner in 155
partnership or a person with executive managerial control in an entity, 156
including persons such as a chief executive officer, chief operating 157
officer and chief financial officer; 158
(30) "Manufacturer hemp product" means a commodity 159 Substitute Bill No. 6099
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manufactured from the hemp plant, for commercial or research 160
purposes, that is intended for human ingestion, inhalation, absorption 161
or other internal consumption, that contains a THC concentration of not 162
more than 0.3 per cent on a dry weight basis or per volume or weight of 163
such manufacturer hemp product; 164
(31) "Producer" means an individual or entity licensed by the 165
commissioner to produce and market producer hemp products 166
pursuant to the federal act, the state plan, the provisions of this section 167
and the regulations adopted pursuant to this section; 168
(32) "Producer hemp product" means any of the following produced 169
in this state: Raw hemp product, fiber-based hemp product or animal 170
hemp food product, and each of which contains a THC concentration of 171
not more than 0.3 per cent on a dry weight basis or per volume or weight 172
of such producer hemp product; 173
(33) "USDA" means the United States Department of Agriculture; 174
(34) "Entity" means a corporation, joint stock company, association, 175
limited partnership, limited liability partnership, limited liability 176
company, irrevocable trust, estate, charitable organization or other 177
similar organization, including any such organization participating in 178
the hemp production as a partner in a general partnership, a participant 179
in a joint venture or a participant in a similar organization; and 180
(35) "Homogenize" means to blend hemp into a mixture that has a 181
uniform quality and content throughout such mixture. 182
(b) The Commissioner of Agriculture shall establish and operate an 183
agricultural pilot program, as defined in 7 USC 5940, as amended from 184
time to time, for hemp research to enable the department, and its 185
licensees, to study methods of producing and marketing hemp. All 186
producer licensees licensed pursuant to this section shall be participants 187
in the state agricultural pilot program for hemp research. Until such 188
time as said commissioner adopts regulations, in accordance with the 189
provisions of chapter 54, the Department of Agriculture shall utilize 190 Substitute Bill No. 6099
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procedures and guidance policies that the commissioner deems to be 191
consistent with the provisions of 7 USC 5940, as amended from time to 192
time, provided such procedures and guidance policies shall, at a 193
minimum, require: (1) The commissioner to certify and register any site 194
used to grow hemp, (2) any person who produces hemp to produce 195
plants that meet the definition of hemp and verify such, (3) the 196
maintenance of records by any person who grows hemp and the 197
availability of inspection of such records by the commissioner, and (4) 198
verification of compliance with the definition of hemp by a laboratory, 199
at the expense of any licensee. The provisions of this section shall take 200
precedence over any such procedure or guidance policy. Participants in 201
the state agricultural pilot program for hemp research shall be licensed 202
in accordance with the provisions of this section. Such pilot program 203
shall operate until the earlier of the date of a fully approved state plan 204
under the federal act, as described in this section, or the date of repeal 205
of the federal law permitting the state's agricultural pilot program for 206
hemp research. 207
(c) (1) The commissioner shall prepare a state plan in accordance with 208
the federal act and 7 CFR 990.3, for approval by the Governor, in 209
consultation with the office of the Chief State's Attorney and the 210
Attorney General. The state plan, once approved by the Governor and 211
the Attorney General, shall be submitted by the commissioner to the 212
United States Secretary of Agriculture for his or her approval. The 213
commissioner shall have the authority to amend the state plan, in 214
consultation with the Governor, the Attorney General and the office of 215
the Chief State's Attorney, as necessary to comply with the federal act. 216
(2) The commissioner shall operate the state plan, which shall 217
include, at a minimum, the following requirements: 218
(A) The sampling of hemp shall comply, at a minimum, with 7 CFR 219
990.3(a)(2) and be performed by the commissioner, the commissioner's 220
designated agents, or an authorized sampling agent; 221
(B) The testing of hemp shall comply, at a minimum, with 7 CFR 222 Substitute Bill No. 6099
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990.3(a)(3); 223
(C) The control and disposal of noncompliant cannabis plants shall 224
comply with 7 CFR 990.27; 225
(D) The department shall comply with all recordkeeping and 226
reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 227
990.71, inclusive; 228
(E) The department shall comply with enforcement procedures in 7 229
CFR 990.6; 230
(F) The department shall conduct annual inspections of, at a 231
minimum, a random sample of producers to verify that hemp is not 232
produced in violation of the federal act, the state plan and the provisions 233
of this section, and shall enforce any violation as provided for in the 234
federal act and as defined in 7 CFR 990.6; 235
(G) Producers shall report their required license, lot and hemp crop 236
acreage information to FSA, in accordance with the requirements in 7 237
CFR 990.7; and 238
(H) Producers shall report to the commissioner the total acreage of 239
hemp planted, harvested and, if applicable, disposed of, and such other 240
information as the commissioner may require. 241
(3) All sampling and testing of hemp shall be done using protocols 242
that are at least as statistically valid as the USDA's published protocols 243
for sampling and testing of hemp, which protocols shall be posted on 244
the department's Internet web site. During a scheduled sample 245
collection, the producer, or an authorized representative of the 246
producer, shall be present at the lot. A producer shall not harvest the 247
cannabis crop prior to the taking of samples. Samples of hemp plant 248
material from one lot shall not be commingled with hemp plant material 249
from other lots. Lots tested and not certified by a laboratory at or below 250
the acceptable hemp THC level shall be handled and disposed of in 251
accordance with the federal act, the provisions of this section and the 252 Substitute Bill No. 6099
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state plan, as applicable. 253
(4) The commissioner shall collect, maintain and provide to the 254
USDA, on a timely basis, and not less than once per month, license status 255
of each hemp producer, contact information for each hemp producer 256
licensed in the state, including lot legal descriptions and locations, and 257
any changes to such information. The commissioner shall also report to 258
the USDA, on a timely basis, and not less than once per month, all 259
required hemp test results and disposal information for all 260
nonconforming hemp plants and plant material. Such information shall 261
not include state and federal fingerprint-based records pursuant to 262
section 29-17a. 263
(d) The commissioner shall have the authority to enforce the federal 264
act, as amended from time to time, the state plan, this section and any 265
regulations adopted in accordance with the federal act and chapter 54 266
for hemp production in the state. The commissioner shall have the 267
authority to enforce the applicable standards for producer hemp 268
products. The commissioner may consult, collaborate and enter into 269
cooperative agreements with any federal or state agency, municipality 270
or political subdivision of the state concerning application of the 271
provisions of the federal act and the regulations adopted pursuant to the 272
federal act, as may be necessary to carry out the provisions of this 273
section. 274
(e) Any person who produces hemp shall: (1) Be licensed by the 275
commissioner; (2) comply with the federal act, the state plan, the 276
provisions of this section and any regulation adopted pursuant to this 277
section; and (3) transport hemp and hemp samples in a manner and with 278
such documentation as required by the commissioner. 279
(f) Any person who sells hemp products shall not be required to be 280
licensed provided such person only engages in: (1) The retail or 281
wholesale sale of hemp or hemp products in which no further 282
producing or manufacturing of the hemp products occurs and the hemp 283
products are acquired from a person authorized under the laws of this 284 Substitute Bill No. 6099
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state or another state, territory or possession of the United States or 285
another sovereign entity to possess and sell such hemp products; (2) the 286
acquisition of hemp or hemp products for the sole purpose of product 287
distribution for resale; or (3) the retail sale of hemp products that are 288
otherwise authorized under federal or state law. 289
(g) Any applicant for a license pursuant to this section shall meet each 290
of the following requirements, as applicable: 291
(1) Each applicant, whether an individual or an entity, shall submit 292
an application for a license that consists, at a minimum, of the following: 293
(A) The name, telephone number, electronic mail address, business 294
address and address of any individual who is the applicant, the full 295
name of any entity that is the applicant, including any applicable 296
principal business location and the full name, title and electronic mail 297
address of each key participant; (B) the name and address of each lot for 298
the hemp cultivation or producing location; (C) the geospatial location 299
of each lot by means of global positioning system coordinates and legal 300
description of each lot used for the hemp cultivation; (D) the acreage 301
size of each lot where the hemp will be cultivated; (E) written consent 302
allowing the commissioner to conduct both scheduled and random 303
inspections of and around the premises on which the hemp is to be 304
cultivated, harvested, stored and produced; and (F) any other 305
information as may be required by the commissioner; 306
(2) Each individual who is an applicant and each key participant of 307
any entity applying for a producer license, or renewal thereof, shall 308
submit to state and national fingerprint-based criminal history records 309
checks conducted in accordance with section 29-17a, at his or her own 310
expense. For the period commencing on the effective date of this section 311
and ending on December 31, 2021, the results of any such criminal 312
history records checks shall be provided by such applicants and key 313
participants to the commissioner for review; 314
(3) No individual, including any key participant of any entity, who 315
has been convicted of any felony, as prescribed in the federal act, shall 316 Substitute Bill No. 6099
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be eligible to obtain or hold a producer license, provided such restriction 317
shall not apply to any individual who lawfully grew hemp with a 318
license, registration or authorization under any state pilot program 319
authorized by section 7606 of the Agricultural Act of 2014 before 320
December 20, 2018. Any individual or entity that materially falsifies any 321
information in an application pursuant to this section shall be ineligible 322
to obtain a producer license; and 323
(4) Each individual or entity who is required by this section to obtain 324
a producer license shall pay for all costs of sampling, testing, retesting 325
and resampling any samples at a laboratory for the purpose of 326
determining the THC concentration level of any cannabis under their 327
control, or in their possession. Each individual or entity who is required 328
by this section to obtain a producer license shall pay for all costs of 329
disposal of all noncompliant cannabis plants under their control, or in 330
their possession. 331
(h) Any producer license issued by the commissioner shall expire on 332
the third following December thirty-first and may be renewed during 333
the preceding month of October. Such licenses shall not be transferable. 334
(i) The following fees shall apply for each producer license and 335
inspection: 336
(1) A nonrefundable license application fee of fifty dollars, provided 337
any constituent unit of higher education, state agency or department 338
shall be exempt from such application fee if such production is for 339
research purposes; 340
(2) A nonrefundable triennial producer license fee of four hundred 341
fifty dollars for up to one acre of planned hemp plantings and thirty 342
dollars per each additional acre of planned hemp plantings rounded to 343
the nearest acre, except no license fee charged shall exceed three 344
thousand dollars, provided any constituent unit of higher education, 345
state agency or department shall be exempt from such license fee if such 346
production is for research purposes; and 347 Substitute Bill No. 6099
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(3) In the event that resampling by the commissioner is required due 348
to a test result that shows a violation of any provision of this section or 349
any regulation adopted pursuant to this section, the licensee shall pay 350
an inspection fee of fifty dollars. Such fee shall be paid prior to the 351
inspection and collection of the sample to be used for resampling. 352
(j) After receipt and review of an application for producer licensure, 353
the commissioner may grant a triennial license upon a finding that the 354
applicant meets the applicable requirements. Each producer licensee 355
shall notify the commissioner of any changes to their application 356
information, not later than fifteen days after such change. While the 357
pilot program is in effect, the commissioner may grant a conditional 358
approval of a producer license, pending receipt of the criminal history 359
records check required by this section. The commissioner shall assign 360
each producer with a license or authorization identifier in a format 361
consistent with 7 CFR 990.3(a)(9). 362
(k) Whenever an inspection or investigation conducted by the 363
commissioner pursuant to this title reveals any violation of the state 364
plan, this section or any regulation adopted thereunder, the producer 365
license applicant or respondent, as applicable, shall be notified, in 366
writing, of such violation and any corrective action to be taken and the 367
time period within which such corrective action shall be taken. Any such 368
producer license applicant or respondent may request a hearing, 369
conducted in accordance with chapter 54, on any such notification. Any 370
notification issued pursuant to this section shall be made by certified 371
mail, return receipt requested to the producer license applicant or 372
respondent's last known address, by in-hand service by the 373
commissioner or designated agent of the commissioner, electronic mail 374
service with the consent of the recipient, or by service in accordance 375
with chapter 896. The commissioner shall report all producer violations 376
made with a culpable mental state greater than negligence to the United 377
States Attorney General and the State's Attorney for the judicial district 378
in which the producer violation occurred. 379
(l) Nothing in this section shall be construed to limit the 380 Substitute Bill No. 6099
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commissioner's authority to issue a cease and desist order pursuant to 381
section 22-4d, or an emergency order, in order to respond to a condition 382
that may present a public health hazard, or issue orders necessary to 383
effectuate the purposes of this section, including, but not limited to, 384
orders for the embargo, partial destruction, destruction and release of 385
hemp or hemp products. Any cease and desist order or an emergency 386
order shall become effective upon service of such order by the 387
commissioner. Following service of any such order, subsequent 388
proceedings shall proceed in accordance with the provisions of section 389
22-4d and the rules of practice for such agency. Any embargo, partial 390
destruction, destruction or release order issued pursuant to this section 391
shall be served by certified mail, return receipt requested to the 392
respondent's last known address, by in-hand service by the 393
commissioner or designated agent of the commissioner, or by service in 394
accordance with chapter 896. 395
(m) Following a hearing conducted in accordance with chapter 54, 396
the commissioner may impose an administrative civil penalty, not to 397
exceed two thousand five hundred dollars per violation, and suspend, 398
revoke or place conditions upon any producer licensee who violates the 399
provisions of this section or any regulation adopted pursuant to this 400
section. 401
(n) (1) Any individual who produces hemp in this state without 402
obtaining a license pursuant to this section, or who produces hemp in 403
this state after having a license suspended or revoked shall have 404
committed an infraction. 405
(2) Any entity that produces hemp in this state without obtaining a 406
license pursuant to this section, produces hemp in violation of this 407
section or produces hemp in this state after having a license suspended 408
or revoked may be fined not more than two thousand five hundred 409
dollars per violation, after a hearing conducted in accordance with 410
chapter 54. 411
(o) (1) Any negligent violation, as described in the federal act, of this 412 Substitute Bill No. 6099
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section or the state plan shall be subject to enforcement in accordance 413
with the federal act, and the state plan for negligent violations. 414
(2) For any negligent violation, a producer shall be required to correct 415
such negligent violation, by means of a corrective action plan approved 416
by the commissioner. Each corrective action plan shall include, at a 417
minimum, a reasonable completion deadline for correction of the 418
negligent violation, periodic reporting to the commissioner for at least 419
two years and compliance with the state plan. 420
(3) Any producer that negligently violates the state plan shall not, as 421
a result of such negligent violation, be referred by the commissioner for 422
any criminal enforcement action by the federal, state or local 423
government. 424
(4) Any producer that negligently violates the state plan three times 425
during any five-year period shall be ineligible to produce hemp for a 426
period of five years beginning on the date of the third violation. 427
(5) The commissioner shall conduct an inspection to determine if the 428
corrective action plan for a producer who commits any such negligent 429
violation was properly implemented. 430
(p) Any person aggrieved by an order issued pursuant to this section 431
may appeal to the commissioner in accordance with the provisions of 432
chapter 54. Such appeal shall be made in writing to the commissioner 433
and received not later than fifteen days after the date of the order. If no 434
appeal is made pursuant to this subsection the order shall be final. 435
(q) (1) All documents submitted under this section shall be subject to 436
disclosure in accordance with chapter 14, except: (A) Information 437
depicting or describing (i) the test results of any producer, (ii) the 438
location of any hemp growing, harvesting, processing or storage 439
location, or (iii) hemp producer location security schematics; and (B) the 440
results of any criminal history records check. 441
(2) Notwithstanding the provisions of subdivision (1) of this 442 Substitute Bill No. 6099
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subsection, all documents and records submitted or maintained 443
pursuant to this section shall be disclosed to any law enforcement 444
agency upon request of such law enforcement agency. 445
(r) The commissioner may inspect and shall have access to the 446
buildings, equipment, supplies, vehicles, records, real property and 447
other information that the commissioner deems necessary to carry out 448
the commissioner's duties pursuant to this section from any person 449
participating in producing, handling, storing marketing or researching 450
hemp. 451
[(s) Nothing in this section shall be construed to apply to any licensee 452
of palliative marijuana authorized pursuant to chapter 420f.] 453
[(t)] (s) All licensees pursuant to this section shall maintain records 454
required by the federal act, the state plan, this section and any regulation 455
adopted pursuant to this section. Each licensee shall make such records 456
available to the department immediately upon request of the 457
commissioner and in electronic format, if available. 458
[(u)] (t) The commissioner may adopt regulations, in accordance with 459
the provisions of chapter 54, to implement the provisions of this section 460
including, but not limited to, the labeling of producer hemp products. 461
[(v)] (u) Notwithstanding any provision of the general statutes: (1) 462
Marijuana does not include hemp or hemp products; (2) THC that does 463
not exceed 0.3 per cent by dry weight and that is found in hemp shall 464
not be considered to be THC that constitutes a controlled substance; (3) 465
hemp-derived cannabidiols, including CBD, shall not constitute 466
controlled substances or adulterants solely on the basis of containing 467
CBD; and (4) hemp products that contain one or more hemp-derived 468
cannabidiols, such as CBD, intended for ingestion shall be considered 469
foods, not controlled substances or adulterated products solely on the 470
basis of the containing hemp-derived cannabidiols. 471
[(w)] (v) Whenever the commissioner believes or has reasonable 472
cause to believe that the actions of a licensee or any employee of a 473 Substitute Bill No. 6099
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producer licensee are in violation of the federal act, the state plan, or any 474
state law concerning the growing, cultivation, handling, transporting or 475
possession of marijuana, the commissioner shall notify the Department 476
of Emergency Services and Public Protection and the State Police. 477
Sec. 3. Subsection (g) of section 22-61m of the general statutes is 478
repealed and the following is substituted in lieu thereof (Effective July 1, 479
2021): 480
(g) Nothing in this [section shall be construed to apply to any licensee 481
of palliative marijuana authorized pursuant to chapter 420f] chapter or 482
any regulations adopted pursuant to this chapter shall be construed to 483
apply to persons licensed pursuant to section 21a-408i nor to require 484
persons licensed pursuant to said section to obtain a license pursuant to 485
this chapter. 486
Sec. 4. Subsection (k) of section 22-61m of the general statutes is 487
repealed and the following is substituted in lieu thereof (Effective July 1, 488
2021): 489
(k) Any hemp intended to be manufactured into a manufacturer 490
hemp product shall be tested by an independent testing laboratory 491
located in this state. A manufacturer licensee shall make available 492
samples, in an amount and type determined by the Commissioner of 493
Consumer Protection, of hemp for an independent testing laboratory 494
employee to select random samples. The independent testing laboratory 495
shall test each sample for microbiological contaminants, mycotoxins, 496
heavy metals and pesticide chemical residue, and for purposes of 497
conducting an active ingredient analysis, if applicable, as determined by 498
the Commissioner of Consumer Protection. 499
Sec. 5. (NEW) (Effective July 1, 2021) (a) Marijuana producers, licensed 500
under any provision of the general statutes, shall manufacture, market, 501
produce or store hemp and hemp products, as such terms are defined in 502
section 22-61l of the general statutes, as amended by this act, in 503
accordance with the provisions of chapter 424 of the general statutes and 504 Substitute Bill No. 6099
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any regulations adopted under said chapter, except that marijuana 505
producers may obtain hemp and hemp products from a person 506
authorized under the laws of this state or another state, territory or 507
possession of the United States or another sovereign entity to possess 508
and sell such hemp and hemp products. 509
(b) Hemp or hemp products purchased by marijuana producers from 510
third parties shall be tracked as a separate batch throughout the 511
manufacturing process in order to document the disposition of such 512
hemp or hemp products. Once hemp or hemp products are received by 513
a marijuana producer, such hemp or hemp products shall be deemed 514
marijuana and shall comply with the requirements for marijuana 515
contained in the applicable provisions of the general statutes and any 516
regulations adopted under such provisions. Marijuana producers shall 517
retain a copy of the certificate of analysis for hemp or hemp products 518
purchased and invoice and transport documents that evidence the 519
quantity purchased and date received. 520
(c) No hemp or hemp products shall be sold or distributed within a 521
dispensary facility, as defined in section 21a-408-1 of the regulations of 522
Connecticut state agencies. 523
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
GL Joint Favorable Subst.
ENV Joint Favorable