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General Assembly Raised Bill No. 6377
January Session, 2021
LCO No. 2856
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING LA BOR PEACE AGREEMENTS AND A
MODERN AND EQUITABLE CANNABIS WORKFORCE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) As used in this section and sections 2 to 1
33, inclusive, of this act, unless the context otherwise requires: 2
(1) "Cannabis" means cannabis type substances, as defined in section 21a-240 of 3
the general statutes; 4
(2) "Consumer" means an individual who is twenty-one years of age or older; 5
(3) "Cultivation" means cultivation, as defined in section 21a-408 of the general 6
statutes; 7
(4) "Dispense" means dispense, as defined in section 21a-240 of the general 8
statutes; 9
(5) "Distribute" means distribute, as defined in section 21a-240 of the general 10
statutes; 11
(6) "Laboratory" means a laboratory located in the state that is licensed to 12 Raised Bill No. 6377
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provide analysis of controlled substances pursuant to section 21a-246 or 21a-408 13
of the general statutes as authorized by this act; 14
(7) "Cannabis concentrate" includes tinctures and extracts; 15
(8) "Cannabis cultivation facility" means a facility licensed to cultivate, prepare 16
and package cannabis and sell cannabis to cannabis product manufacturing 17
facilities, cannabis retailers and other cannabis cultivation facilities; 18
(9) "Cannabis establishment" or "cannabis business" means any cannabis 19
business licensed or seeking licensure by the Cannabis Control Commission under 20
this act; 21
(10) "Cannabis product" means a cannabis concentrate or a product that is 22
comprised of cannabis or cannabis concentrates and other ingredients and is 23
intended for use or consumption; 24
(11) "Cannabis product manufacturing facility" means a facility licensed to 25
purchase cannabis, manufacture, prepare and package cannabis products and sell 26
cannabis and cannabis products to cannabis product manufacturing facilities and 27
cannabis retailers; 28
(12) "Cannabis retailer" means a person registered (A) to purchase cannabis 29
from cannabis cultivation facilities, (B) to purchase cannabis and cannabis 30
products from cannabis product manufacturing facilities, and (C) to sell cannabis 31
and cannabis products to consumers; 32
(13) "Cannabis microbusiness" means a vertically integrated cannabis business 33
that does not exceed ten thousand total square feet dedicated to the cultivation of 34
cannabis plants or the manufacture of cannabis products and that is permitted to 35
cultivate, process and distribute cannabis and cannabis products to licensed 36
retailers and to deliver its own cannabis or cannabis products direct to consumers 37
pursuant to a single license; 38
(14) "Bona fide labor organization" means a labor union (A) that represents 39
employees in this state with regard to wages, hours and working conditions, (B) 40
whose officers have been elected by a secret ballot or otherwise in a manner 41
consistent with federal law, (C) that is free of domination or interference by any 42
employer, (D) that has received no improper assistance or support from any 43 Raised Bill No. 6377
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employer, and (E) that is actively seeking to represent cannabis workers in this 44
state; 45
(15) "Equity" and "equitable" mean or refer to efforts, regulations, policies, 46
programs, standards, processes and any other functions of government or 47
principles of law and governance intended to: (A) Identify and remedy past and 48
present patterns of discrimination and disparities of race, ethnicity, gender and 49
sexual orientation; (B) ensure that such patterns of discrimination and disparities, 50
whether intentional or unintentional, are neither reinforced nor perpetuated; and 51
(C) prevent the emergence and persistence of foreseeable future patterns of 52
discrimination or disparities of race, ethnicity, gender, and sexual orientation; and 53
(16) "Labor peace agreement" means an agreement between a cannabis 54
establishment and a bona fide labor organization that protects the state's interests 55
by, at minimum, prohibiting the labor organization from engaging in picketing, 56
work stoppages or boycotts against the cannabis establishment. 57
Sec. 2. (NEW) (Effective from passage) (a) The sum of XX dollars shall be 58
appropriated, annually and at the start of each fiscal year, for five consecutive 59
fiscal years, to the Department of Economic and Community Development, from 60
the General Fund for the purposes specified in this section. The first year of 61
funding under this section shall begin with the fiscal year ending June 30, 2022. 62
The funding under this section shall go to the following purposes: 63
(1) To provide grants-in-aid to create, support and deliver workforce training, 64
education and other programs that prepare individuals with an adverse criminal 65
history related to cannabis and who reside in the state or on tribal lands within the 66
state to participate in the lawful cannabis business sector and in secondary 67
industries that directly support such sector. The grants-in-aid created pursuant to 68
this section may be directed toward workforce training providers, educational 69
institutions, economic development and human services agencies, labor unions, 70
private employers, not-for-profit community organizations, not-for-profit 71
economic development organizations, local governments and other public and 72
private entities as identified by the Department of Economic and Community 73
Development, in consultation with the Department of Labor, the Black and Puerto 74
Rican Caucus of the General Assembly, the Governor's Workforce Council and the 75
Cannabis Control Commission, established pursuant to section 8 of this act and 76 Raised Bill No. 6377
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the Office of Justice Reinvestment, established pursuant to section 18 of this act. 77
(2) To provide grants-in-aid or low-interest loans in support of equity among 78
new small cannabis businesses operating in the state or on tribal lands within the 79
state and that commit to engaging in substantial workforce development, 80
apprenticeships, or on-the-job training and education, in ways generally 81
consistent with subdivision (1) of this section for individuals with an adverse 82
criminal history related to cannabis. 83
(3) To provide grants-in-aid and loans to municipalities, community 84
development corporations and other public or private entities for the purpose of 85
rehabilitating disused or abandoned industrial and commercial facilities and 86
remediating brownfields, provided that such facilities and remediated areas be 87
reserved for the use of cannabis equity applicants and licensees, pursuant to this 88
section, sections 3 to 33, inclusive, of this act and any regulations adopted pursuant 89
to said sections, and to support environmental justice in communities of color and 90
low-income communities. 91
(4) To support the administration of such grants-in-aid, which may include the 92
hiring of additional staff, contracting with vendors, engaging in public outreach 93
and education and the funding of any other measures that the Commissioner of 94
Economic and Community Development deems necessary to ensure that grants 95
and loans issued pursuant to this section are distributed in an equitable manner 96
and are spent in compliance with regulations adopted pursuant to this section and 97
sections 3 to 33, inclusive, of this act. 98
(b) The Commissioner of Economic and Community Development shall adopt 99
regulations, in accordance with the provisions of chapter 54 of the general statutes, 100
and shall issue guidance and create such forms and procedures as he or she deems 101
reasonable and necessary to ensure that grants-in-aid funded pursuant to this 102
section are distributed in an equitable manner and are used in a cost-effective 103
manner for their intended purpose. 104
Sec. 3. (NEW) (Effective from passage) (a) On and after one year from the effective 105
date of this section, in order for the state to relieve employees, job seekers, 106
employers and businesses of the unjustified stigmatization of cannabis and to 107
further support the establishment of a modernized and equitable cannabis 108
business sector, the following nondiscrimination and antiretaliation protections 109 Raised Bill No. 6377
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shall apply to all employers: 110
(1) No employer may implement a policy prohibiting the possession, use or 111
other consumption of cannabis in the course of employment by an employee 112
unless such policy is: (A) In writing, (B) equally applicable to each employee, (C) 113
made available to each employee prior to the enactment of such policy, and (D) 114
directly related to a clear business necessity. The employer shall provide any such 115
written policy to each prospective employee at the time the employer makes an 116
offer of employment to the prospective employee. 117
(2) No employer or agent of any employer shall require, as a condition of 118
employment, that any employee or prospective employee refrain from using 119
cannabis outside the course of his or her employment, or otherwise discriminate 120
against any employee with respect to compensation, terms, conditions or 121
privileges of employment for using cannabis outside the course of his or her 122
employment. 123
(3) No employer or agent of any employer shall discriminate against any 124
employee or prospective employee on the basis of his or her prior, current or 125
future involvement in lawful cannabis commerce in this state, or in any other state, 126
territory, district, tribe or other jurisdiction. 127
(4) No employer or agent of any employer shall retaliate against any employee 128
or prospective employee for alleging a violation of any part of this section or 129
assisting in any investigation of an alleged violation of any part of this section, or 130
for assisting another employee or prospective employee in seeking to redress an 131
alleged violation of any part of this section. 132
(b) The provisions of this section shall not apply to any position or condition of 133
employment governed by federal law or regulation that clearly preempts any 134
provision of this section with regard to an employee's possession, use or other 135
consumption of cannabis or involvement in lawful cannabis commerce. 136
(c) If an employer has violated any provision of this section and is not otherwise 137
exempted by subsection (b) of this section or other superseding provision of state, 138
federal or tribal law, an individual aggrieved by such violation may bring a civil 139
action for compensatory damages and judicial enforcement of such provision in 140
the superior court for the judicial district where the violation is alleged to have 141 Raised Bill No. 6377
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occurred or where the employer has its principal office. Any such individual who 142
prevails in such civil action shall be awarded reasonable attorney's fees and costs. 143
Sec. 4. (NEW) (Effective from passage) There is established a cannabis equity task 144
force whose purpose shall be to study, make findings of fact for and issue 145
recommendations to the General Assembly and the Governor regarding equity, as 146
are relevant to the establishment and regulation of cannabis cultivation, 147
manufacture and sale as a lawful and modern business sector in the state. The task 148
force shall be composed of seven commissioners, four of whom shall be appointed 149
by the Black and Puerto Rican Caucus of the General Assembly, one who shall be 150
the Labor Commissioner, or his or her designee, one who shall be the 151
Commissioner of Consumer Protection, or his or her designee, and one who shall 152
be the Commissioner of Economic and Community Development, or his or her 153
designee. The task force shall choose a chairperson from among its commissioners. 154
Except for the Commissioners of Labor, Consumer Protection and Economic and 155
Community Development, any task force commissioner may be removed by such 156
commissioner's appointing authority at any time and a replacement shall be 157
appointed not later than fourteen days after the date of such commissioner's 158
removal. Commissioners shall be chosen from persons having no present or 159
pending financial or managerial interest in any cannabis establishment or other 160
cannabis business in this state or in any other place or who have entirely divested 161
themselves of any financial or managerial interest in any cannabis establishment 162
or other cannabis business in this state or in any other place not less than fourteen 163
days prior to accepting appointment as a commissioner. The Equity Task Force 164
shall establish such rules for its meetings and governance as it deems reasonable 165
and necessary to carry out its purpose and described in this section, section 2 to 4, 166
inclusive, of this act and sections 5 to 33, inclusive, of this act, provided, a quorum 167
of not less than four commissioners shall be required to be present for any binding 168
vote of the task force. 169
Sec. 5. (NEW) (Effective from passage) Not later than one year after the 170
appointment of the seventh commissioner to the cannabis equity task force 171
pursuant to section 4 of this act, said task force shall issue a written report, in 172
accordance with the provisions of section 11-4a of the general statutes, to the 173
General Assembly and Governor, with detailed findings of fact regarding the 174
following matters in the state: 175 Raised Bill No. 6377
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(1) Historical and present-day social, economic and familial consequences of 176
cannabis prohibition, the criminalization and stigmatization of cannabis use and 177
related public policies; 178
(2) Historical and present-day structures, patterns, causes and consequences of 179
intentional and unintentional racial discrimination and racial disparities in the 180
development, application and enforcement of cannabis prohibition and related 181
public policies; 182
(3) Foreseeable long-term social, economic and familial consequences of 183
unremedied past racial discrimination and disparities arising from past and 184
continued cannabis prohibition, stigmatization and criminalization; 185
(4) Existing patterns of racial discrimination and racial disparities in access to 186
entrepreneurship, employment and other economic benefits arising in the lawful 187
palliative use cannabis sector as established pursuant to chapter 420f of the general 188
statutes; and 189
(5) Any other matters that the task force deems relevant and feasible for study 190
for the purpose of making reasonable and practical recommendations for the 191
establishment of an equitable and lawful adult-use cannabis business sector in this 192
state. 193
Sec. 6. (NEW) (Effective from passage) (a) Simultaneous with the issuance of its 194
detailed findings of fact pursuant to section 5 of this act, and based upon such 195
findings, the cannabis equity task force shall issue specific recommendations for 196
statutory enactments, amendments and repeals, the adoption or amendment of 197
regulations, executive orders, programs, agencies, commissions, grants, financial 198
instruments and any other tools of governance, public policy and public or private 199
finance and investment that it deems: 200
(1) Necessary and feasible for the General Assembly and the Governor to 201
implement in order to create and regulate an equity-based and lawful adult-use 202
cannabis business sector; 203
(2) Necessary and feasible to remedy and uproot past and present patterns of 204
racial and other forms of unlawful discrimination arising directly or indirectly 205
from cannabis prohibition, stigmatization, and criminalization; and 206 Raised Bill No. 6377
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(3) Necessary and feasible for the General Assembly and the Governor to 207
improve and achieve equity within the palliative-use cannabis sector established 208
pursuant to chapter 420f of the general statutes. 209
(b) The cannabis equity task force shall also issue recommendations regarding: 210
(1) The criteria and regulatory structure the Cannabis Control Commission, as 211
established pursuant to section 8 of this act, should use when defining "equity 212
applicant" and "equity applicant ownership of a cannabis business", for purposes 213
of licensure. Such recommendations shall include, but not be limited to: 214
(A) (i) Criteria an individual or business should meet in order to be classified as 215
an equity applicant or business; (ii) benefits and responsibilities that should 216
accompany such classification; and (iii) limitations and controls that the 217
Commission should impose on the ownership, transfer and sale of businesses 218
receiving the benefits of equity-related licensure; 219
(B) The amount of capital and overall number of cannabis businesses needed to 220
sustain an equitable cannabis business sector and workforce composition in the 221
state; and 222
(C) The amendment of cannabis-related criminal statutes, penalties and related 223
collateral civil consequences of convictions. 224
Sec. 7. (NEW) (Effective from passage) The cannabis equity task force shall have a 225
budget of XX dollars allocated from the General Fund. From such budget, the task 226
force shall contract with researchers and research organizations and may hire staff 227
and otherwise purchase goods and services in order to carry out its duties and 228
purposes pursuant to sections X to XX, inclusive, of this act, in a thorough and 229
timely manner. In selecting researchers and research organizations to conduct 230
such study the task force shall prioritize the hiring of researchers and research 231
organizations with substantial experience in qualitative and quantitative research 232
related to race and racial disparities, including, but not limited to, quantifying the 233
economic and social impact of racism and racial discrimination. The task force 234
shall also prioritize the hiring of research organizations that are certified minority-235
owned businesses operating in the state. No part of this section shall be interpreted 236
to limit the number or areas of knowledge and expertise of researchers and 237
research organizations that the task force may hire. The task force shall be 238 Raised Bill No. 6377
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responsible for supervising and managing all hires of any kind made pursuant to 239
this section. Any moneys remaining unspent after the completion of duties of the 240
task force pursuant to sections X to XX, inclusive, of this act shall be retained in 241
trust and remitted to the Cannabis Control Commission to support the 242
commission's first year of operations. 243
Sec. 8. (NEW) (Effective from passage) (a) Not later than six months after the 244
issuance of the findings of fact and recommendations of the cannabis equity task 245
force pursuant to section X of this act, there shall be appointed and seated a 246
Cannabis Control Commission, composed of five commissioners. Two of the 247
commissioners of the commission shall be appointed by the Black and Puerto 248
Rican Caucus of the General Assembly and the remaining commissioners shall be 249
the Commissioners of Labor, Consumer Protection and Economic and Community 250
Development, or a qualified designee of such commissioners. The commissioners 251
appointed by the Black and Puerto Rican Caucus shall be appointed for a two-year 252
term, renewable by such caucus at the end of each such term. Each commissioner 253
appointed by the Black and Puerto Rican Caucus shall receive a base salary of not 254
less than XX dollars annually. The appointing authority for each commissioner of 255
the Cannabis Control Commission may remove its appointed commissioner at any 256
time, for cause. No vacancy on the Cannabis Control Commission shall be 257
permitted for longer than thirty consecutive days. 258
(b) The Cannabis Control Commission shall employ an executive director and 259
may establish, alter and remove subordinate offices within said commission. Said 260
commission may hire staff, contract with personnel and vendors, establish an 261
operational budget, expend moneys, communicate with the general public and 262
carry out all other ordinary duties and activities of a regulatory agency. 263
(c) The Cannabis Control Commission shall establish rules for its own 264
operations and decision-making, provided no decisions of public policy are made 265
without a properly convened quorum, which shall consist of a minimum of three 266
commissioners. 267
Sec. 9. (NEW) (Effective from passage) (a) The Cannabis Control Commission 268
established pursuant to section X of this act shall be an independent regulatory 269
agency and shall have exclusive regulatory authority and oversight over all 270
aspects of the cultivation, production, distribution, transport, sale and other 271 Raised Bill No. 6377
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commerce in cannabis and cannabis products for nonpalliative and nonmedical 272
use, except as expressly provided for in sections X to XX, inclusive, of this act. 273
Nothing in said sections shall prevent the Cannabis Control Commission from 274
cooperating with other departments, agencies or state or local authorities, 275
provided the Cannabis Control Commission may not delegate final decision-276
making authority on any matter of regulation, public policy, licensure, funding, 277
inspection, compliance or discipline under its jurisdiction to any authority or body 278
outside of said commission and its subordinate offices. 279
(b) The Cannabis Control Commission may, consistent with sections X to XX, 280
inclusive, of this act and chapter 54 of the general statutes, adopt regulations to 281
establish a system of licenses for commerce in cannabis, investigate applicants, 282
licensees and other relevant persons, set standards, set and waive fees, hold 283
administrative hearings, impose discipline and otherwise take such measures and 284
exercise such regulatory powers as necessary to establish a modern well-regulated 285
cannabis business sector, to ensure equity in all aspects of the sector and to protect 286
public safety and public health related to the use of cannabis. 287
(c) In carrying out its duties and exercising its authority pursuant to sections X 288
to XX, inclusive, of this act, the Cannabis Control Commission shall adopt the 289
findings of fact and seek to implement the recommendations issued by the 290
cannabis equity task force. The Cannabis Control Commission and its Office of 291
Justice Reinvestment, shall report publicly every six months to the Governor and 292
General Assembly on the Cannabis Control Commission's progress toward 293
implementation of the recommendations of the cannabis equity task force, until 294
such time as all such recommendations are fulfilled. 295
Sec. 10. (NEW) (Effective from passage) If any provision of sections X to XX, 296
inclusive, of this act or any provision of any regulation adopted pursuant to said 297
sections conflicts with any provision of chapter 420f of the general statutes, the 298
provisions of sections X to XX, inclusive, of this act shall prevail. 299
Sec. 11. (NEW) (Effective from passage) No person or entity licensed by the 300
Cannabis Control Commission may hold itself out as providing for the palliative 301
use of marijuana or cannabis, as defined in chapter 420f of the general statutes, or 302
otherwise provide for the medical use of cannabis, unless licensed by the 303
Department of Consumer Protection pursuant to said chapter and regulations 304 Raised Bill No. 6377
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adopted pursuant to said chapter. Nothing in this section shall be interpreted as 305
prohibiting a holder of a license under sections X to XX, inclusive, of this act from 306
concurrently holding a license issued pursuant to chapter 420f of the general 307
statutes. 308
Sec. 12. (NEW) (Effective from passage) The Cannabis Control Commission shall 309
not adopt or implement any regulation, standard, policy, application, process or 310
other requirement that prohibits individuals from participating in or obtaining 311
licensure in the lawful cannabis business sector on the basis of either an arrest or 312
conviction for: (1) Any cannabis-related offense in any jurisdiction, or (2) an arrest 313
or conviction for a misdemeanor drug offense of any type in any jurisdiction. 314
Sec. 13. (NEW) (Effective from passage) (a) Not later than one year after its 315
establishment pursuant to section X of this act, the Cannabis Control Commission 316
shall establish, set standards for, issue and regulate to following six types of 317
licenses: 318
(1) Licenses authorizing the cultivation and production of cannabis (cannabis 319
cultivation license); 320
(2) Licenses authorizing the manufacture of cannabis products intended for sale 321
(cannabis product manufacturing facility license); 322
(3) Licenses authorizing the retail sale of cannabis and cannabis products to 323
consumers (cannabis retailer license); 324
(4) Licenses authorizing laboratories for the testing of cannabis, pursuant to 325
standards and requirements established by the Cannabis Control Commission 326
(cannabis laboratory license); 327
(5) Licenses authorizing businesses that deliver cannabis and cannabis products 328
directly to consumers at a residential address from one or more licensed cannabis 329
retailers (cannabis delivery license); and 330
(6) Licenses authorizing microbusinesses, (cannabis microbusiness license). 331
(b) The Cannabis Control Commission shall deliberate and hold public hearings 332
regarding the establishment of other types of licenses, including, but not limited 333
to, single-use event licenses and use-on-premises licenses. The Cannabis Control 334 Raised Bill No. 6377
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Commission may, subsequent to one or more public hearings and upon its own 335
discretion and judgment, establish, issue and regulate such additional license 336
types that the commission deems likely to support equity within the cannabis 337
business sector, fiscally prudent and consistent with public safety and health. 338
(c) For all license types established pursuant to sections X to XX, of this act, the 339
Cannabis Control Commission shall adopt regulations in accordance with the 340
provisions of chapter 54 of the general statutes, set such standards and establish 341
such mechanisms as it deems necessary to enforce the provisions of sections X to 342
XX, inclusive, of this act and to ensure equity, fiscal prudence, public safety and 343
public health. 344
(d) The Cannabis Control Commission may revoke any license type authorized 345
pursuant to sections X to XX, inclusive, of this act upon a finding by said 346
commission that such license type fails to improve equity within the cannabis 347
business sector, fails to be fiscally prudent or endangers public safety or health, 348
provided that holders of such licenses are accorded reasonable notice and an 349
opportunity to appeal such decision pursuant to the provisions of chapter 54 of 350
the general statutes. 351
(e) For all license types, the Cannabis Control Commission shall solicit 352
applications, issue licenses and permit the start of operations in two phases, as 353
follows: 354
(1) Equity applicants, who shall consist of those categories of persons and 355
entities identified by the cannabis equity task force or by the Cannabis Control 356
Commission's Office of Justice Reinvestment, as disproportionately and unjustly 357
burdened by cannabis prohibition and its collateral consequences, and 358
(2) Regular applicants, who shall consist of all other persons and entities. No 359
regular applicant shall be accepted for review until one year after the first equity 360
applicant licensee of the same type of license commences operations. 361
(f) For purposes of this section "operations" means the first date that a cannabis 362
business transaction authorized by a license takes place in the cannabis 363
establishment. 364
(g) For all license types and for both equity applicants and regular applicants, 365 Raised Bill No. 6377
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the Cannabis Control Commission shall consult with the Office of Justice 366
Reinvestment and solicit its recommendations regarding regulations, 367
requirements, qualifications, standards and the review of applications. 368
(h) The Cannabis Control Commission shall adopt regulations in accordance 369
with the provisions of chapter 54 that limit changes or transfers of ownership of 370
businesses holding equity applicant licensure and strictly limit the use of 371
subsidiaries, holding and shell companies and other similar corporate vehicles in 372
the equity application process so as to preserve the equitable purposes of sections 373
X to XX, inclusive, of this act and to prevent the misuse of the equity application 374
process. Such regulations shall include, but not be limited to: (1) A ten-year 375
prohibition on the transfer or sale of a business licensed by an equity applicant to 376
a person or business that does not qualify as an equity applicant or licensee, and 377
(2) the repayment of the previous ten years of all equity-based license fee waivers, 378
subsidies, grants, low-interest loans and other financial supports provided 379
through or regulated by the Cannabis Control Commission, the Department of 380
Economic and Community Development or the Department of Labor, prior to the 381
date of transfer or sale of the business. 382
Sec. 14. (NEW) (Effective from passage) On and after one year from the effective 383
date of this section and notwithstanding any provision of sections X to XX, 384
inclusive, of this act or any provision of the general statutes or the Regulations of 385
Connecticut State Agencies or of any local ordinance, a person twenty-one years 386
of age or older shall not be required to hold a license and shall not be arrested, 387
prosecuted, penalized, sanctioned or disqualified under in any manner, or denied 388
any right or privilege and shall not be subject to seizure or forfeiture of assets for: 389
(1) Any cannabis produced by cannabis plants cultivated on the premises of the 390
person's primary residence; (2) possessing, cultivating or processing not more than 391
six cannabis plants at any one time for personal use on the premises of his or her 392
primary residence, as the sole adult resident; or (3) possessing, cultivating, or 393
processing not more than twelve cannabis plants at any one time if the premises 394
are shared by two or more adults twenty-one years of age or older as their primary 395
residence. 396
Sec. 15. (NEW) (Effective from passage) Notwithstanding any requirements, 397
standards or restrictions imposed by the Cannabis Control Commission pursuant 398
to its authority under sections X to XX, inclusive, of this act a cannabis 399 Raised Bill No. 6377
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microbusiness license shall, for all holders, permit the cultivation, processing, 400
manufacture and distribution of cannabis and cannabis products to licensed 401
retailers and permit the delivery of the microbusinesses' cannabis and cannabis 402
products directly to consumers, under a single microbusiness license. 403
Sec. 16. (NEW) (Effective from passage) Notwithstanding any other provision of 404
sections X to XX, inclusive, of this act or any regulation adopted pursuant to said 405
sections, the Cannabis Control Commission shall not accept an application for any 406
manner of license from a person or entity who owns or operates a business or other 407
establishment licensed pursuant to chapter 420f of the general statutes, until such 408
time as the Office of Justice Reinvestment makes a determination that equity in 409
ownership in the cannabis business sector has been sustainably achieved. 410
Sec. 17. (NEW) (Effective from passage) In addition to any other licensure 411
requirements and standards established by the Cannabis Control Commission, the 412
commission shall require each applicant for a cannabis establishment license to 413
enter into, maintain and abide by the terms of a labor peace agreement. All labor 414
peace agreements shall contain a clause that the parties agree that final and 415
binding arbitration will be the exclusive remedy for any violation of such 416
agreement. Each applicant, whether for an initial license or renewal of a license, 417
shall submit an attestation signed by both the applicant and the bona fide labor 418
organization stating that the applicant meets the requirements of this section. A 419
labor peace agreement shall be an ongoing material condition of a cannabis 420
establishment license and a violation of such agreement, established exclusively 421
through arbitration, may result in suspension, revocation or denial of the renewal 422
of such license. 423
Sec. 18. (NEW) (Effective from passage) The Cannabis Control Commission shall 424
establish an Office of Justice Reinvestment not later than six months after the 425
establishment of said commission. The Cannabis Control Commission shall hire 426
staff and authorize the Office of Justice Reinvestment to hire staff, and shall 427
provide funding and other resources so that said office may perform the following 428
duties in a thorough and efficient manner: 429
(1) Advise the Cannabis Control Commission, the General Assembly and the 430
Governor on all equity matters under the Cannabis Control Commission's 431
jurisdiction; 432 Raised Bill No. 6377
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(2) Meet on a quarterly basis with the Black and Puerto Rican Caucus of the 433
General Assembly to provide updates on the implementation of the cannabis 434
equity task force recommendations, the condition of the cannabis business sector 435
and any other equity-related matters of importance to said caucus and to request 436
legislative remedies from said caucus, as the Office of Justice Reinvestment deems 437
reasonable; 438
(3) Oversee cannabis workforce grants, loans and other financial supports, 439
distributed pursuant to sections X to XX, inclusive, of this act or pursuant to any 440
other cannabis-related programs under the Cannabis Control Commission's 441
jurisdiction, which includes, but is not limited to, assessing their equitable 442
distribution, the effectiveness of their use by recipients, compliance with their 443
terms, conditions and goals by recipients and any other matters regarding the 444
effective and proper use of funds in the interest of equity in the cannabis business 445
sector. The Office of Justice Reinvestment may exercise any authority and powers 446
delegated to it by the Cannabis Control Commission, the Departments of Labor, 447
Consumer Protection and Economic and Community Development, and any other 448
state, local or tribal authority to carry out its oversight duties pursuant to this 449
subdivision. Said office shall have the authority and power to request and compel 450
the production of documents, data, witnesses and other investigatory materials 451
from other public entities in the state and any private entity receiving any manner 452
of benefit or license pursuant to this act, provided that no part of such production 453
by either a public or private entity shall be considered a public record or be open 454
to public inspection. 455
(4) Oversee, approve or disapprove, and host community agreements between 456
cannabis businesses and municipal governments. 457
(5) Conduct research, engage in public outreach and education, and carry out 458
all other duties assigned to it by the Cannabis Control Commission with such 459
powers and budget as allocated to it by the Cannabis Control Commission for the 460
purposes of supporting and improving equity within the cannabis business sector 461
and supporting and improving equity within the operations and administration 462
of the commission. 463
Sec. 19. (NEW) (Effective from passage) Not later than one hundred eighty days 464
after the establishment of the Office of Justice Reinvestment, the Cannabis Control 465 Raised Bill No. 6377
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Commission and the Departments of Labor, Consumer Protection and Economic 466
and Community Development shall expressly delegate such powers to the Office 467
of Justice Reinvestment as necessary for said Office to carry out its duties and as 468
may be subsequently assigned to it by the Cannabis Control Commission, in a 469
timely and efficient manner. The Cannabis Control Commission and the 470
Departments of Labor, Consumer Protection and Economic and Community 471
Development may delegate additional powers to or enter into cooperative 472
agreements with the Office of Justice Reinvestment so that said Office may carry 473
out its duties in a timely and efficient manner. 474
Sec. 20. (NEW) (Effective from passage) (a) There shall be a Cannabis Control 475
Commission Operational Trust Fund held and administered by the Cannabis 476
Control Commission and that shall receive one hundred per cent of all licensing 477
and other regulatory fees and one hundred per cent of all cannabis sales tax 478
surcharges. The Cannabis Control Commission Operational Trust Fund shall be 479
expended to support the regulatory operations of the Cannabis Control 480
Commission and to supplement any funds allocated from the General Fund and 481
shall allocate not less than seventy per cent of the fund to the support and duties 482
of the Office of Justice Reinvestment. 483
(b) The Cannabis Control Commission shall expend not less than ten per cent 484
of revenue into the Cannabis Control Commission Operational Trust Fund to 485
support workforce development programs aimed at increasing the number of 486
qualified cannabis sector workers from disproportionately impacted 487
backgrounds, which may include such programs as established or funded 488
pursuant to sections X to XX, inclusive, of this act. Such allocation shall not reduce 489
the amount allocated to the Department of Economic and Community 490
Development pursuant to sections X to XX, inclusive, of this act in any manner, 491
but shall be used to supplement and increase such allocation. 492
Sec. 21. (NEW) (Effective from passage) (a) There shall be a state-wide ten per cent 493
sales tax surcharge, in addition to the general sales tax, on all cannabis and 494
cannabis product sales. Any municipality may impose not more than a three per 495
cent municipal cannabis tax, which shall be in addition to the general sales tax and 496
the sales tax surcharge. 497
(b) There shall be an additional ten per cent restorative justice tax on all gross 498 Raised Bill No. 6377
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revenue over one million dollars of cannabis businesses, including pass-through 499
entities, in addition to any other corporate taxation or taxation on pass-through 500
income. 501
(c) The Department of Revenue Services shall adopt regulations, in accordance 502
with the provisions of chapter 54 of the general statutes, issue guidance and issue 503
or amend such forms, and otherwise institute such measures as necessary and 504
reasonable to enact and enforce the provisions of this section on a timetable 505
consistent with the needs and requirements of the Cannabis Control Commission. 506
Sec. 22. (NEW) (Effective from passage) No municipality may unconditionally 507
prohibit the operation of a cannabis establishment or cannabis business within the 508
limits of such municipality. The provisions of this section shall not prevent 509
municipalities from regulating the zoning, licensing, hours of operation, outward 510
appearance or other matters subject to municipal jurisdiction of business 511
establishments generally, provided that no ordinance, regulation, license, permit, 512
fee or tax imposes a burden on cannabis establishments or cannabis businesses 513
substantially greater than the burden imposed by the municipality on a similarly 514
sized business involved in the manufacture, distribution, or sale of alcoholic 515
liquor. 516
Sec. 23. (NEW) (Effective from passage) Not later than six months after the 517
establishment of the Cannabis Control Commission, the Governor shall invite, in 518
consultation with the Cannabis Control Commission and the Office of Justice 519
Reinvestment, those other states, territories, tribes and the District of Columbia 520
where commerce in cannabis is lawful to enter into an interstate or inter-521
jurisdictional compact with the state that shall provide for a well-regulated 522
interstate and interjurisdictional commerce in cannabis. The Governor shall take 523
such steps as needed to secure agreement from such federal agencies that regulate 524
commerce to withhold interference or interdiction of a well-regulated commerce 525
in cannabis established through such compacts. No compact shall be proposed or 526
entered into pursuant to this section unless the terms of such compact are 527
consistent with the equity-related goals established by the Cannabis Control 528
Commission and the Office of Justice Reinvestment pursuant to sections X to XX, 529
inclusive, of this act. 530
Sec. 24. (NEW) (Effective from passage) (a) No commissioner of the Cannabis 531 Raised Bill No. 6377
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Control Commission during the term of his or her office and for one year after, 532
and no executive or managerial employee of state or municipal government, no 533
judge of any court, no prosecutor and no employee of a police department or other 534
law enforcement agency with jurisdiction over the investigation and enforcement 535
of cannabis-related crimes or crimes regarding controlled substances shall be 536
permitted to have, directly or indirectly, individually or as a member of a 537
partnership or as a shareholder of a corporation, any financial or managerial 538
interest in any cannabis establishment licensed by the Cannabis Control 539
Commission or licensed under chapter 420f of the general statutes or any business 540
whose principal source of revenue or market entails providing goods or services 541
specifically and directly to cannabis establishments licensed by the Cannabis 542
Control Commission or licensed under chapter 420f of the general statutes. 543
(b) No commissioner of the Cannabis Control Commission during the term of 544
his or her office and for one year after such term and no executive or managerial 545
employee of state, county or municipal government, no judge of any court, no 546
prosecutor, and no employee of a police department or other law enforcement 547
agency with jurisdiction over the investigation and enforcement of cannabis-548
related crimes or crimes regarding controlled substances shall be permitted to 549
receive any commission, profit, gratuities, offer of future employment, 550
partnership, ownership or other financially beneficial association, or gifts of any 551
kind from any person or cannabis establishment or cannabis business licensed 552
under sections X to XX, inclusive, of this act or under chapter 420f of the general 553
statutes, for the duration of their public employment. 554
Sec. 25. (NEW) (Effective from passage) Except as authorized under sections X to 555
XX, inclusive, of this act, no municipality or local official shall condition any 556
official action, nor accept any donation in moneys or in kind, from any cannabis 557
establishment or from an individual or corporation that has applied for a license 558
to open or operate a cannabis establishment in such municipality or neighboring 559
municipality. No municipality may negotiate or enter into a local host agreement 560
with a cannabis establishment or an individual or corporation that has applied for 561
a license to open or operate a cannabis establishment in such municipality or 562
neighboring municipality without the express written approval of the Office of 563
Justice Reinvestment. 564
Sec. 26. (NEW) (Effective from passage) Municipalities shall be eligible for 565 Raised Bill No. 6377
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cannabis workforce and economic development grants and loans or other funds 566
under the jurisdiction of the Cannabis Control Commission, the Office of Justice 567
Reinvestment or the Departments of Labor, Consumer Protection and Economic 568
and Community Development, but no municipality shall be eligible for any such 569
cannabis workforce or economic development grant or loan or other funds unless 570
such municipality has passed a resolution or ordinance adopting the findings of 571
fact of the cannabis equity task force and committing the municipality to the 572
implementation of its recommendations, as applied to municipalities. 573
Sec. 27. (NEW) (Effective from passage) The Cannabis Control Commission shall, 574
not later than sixty days after its establishment, consult with The University of 575
Connecticut regarding entering into an ongoing research partnership to provide 576
studies, research, training, education and any other manner of engagement in 577
support of equity in the cannabis business sector, of equity applicants and 578
licensees and of equity in the cannabis workforce. The Control Commission shall 579
seek to enter into formal and informal partnerships with The University of 580
Connecticut for not more than one hundred eighty days and as needed thereafter. 581
Sec. 28. (NEW) (Effective from passage) Neither the presence of cannabinoid 582
components or metabolites in a person's bodily fluids, nor conduct related to the 583
use of cannabis or the participation in cannabis-related business or other activities 584
made lawful under sections X to XX, inclusive, of this act or by any section of the 585
general statutes or the regulations of state agencies, or by local ordinance, by a 586
custodial or noncustodial parent, grandparent, pregnant woman, legal guardian 587
or other person charged with the well-being of a child, shall form the sole or 588
primary basis for: (1) Any action or proceeding by a child welfare agency or in a 589
family or juvenile court, or (2) any adverse finding, adverse evidence or restriction 590
of any right of privilege in a proceeding related to adoption, fostering or a person's 591
fitness to adopt or foster a child. 592
Sec. 29. (NEW) (Effective from passage) (a) On and after one hundred eighty days 593
after the effective date of this section: (1) Any educational institution receiving 594
public funds or subject to the regulations of state agencies shall revise and 595
implement student disciplinary policies to conform to the criteria in this section. 596
(b) The Department of Education and the Office of Higher Education, in 597
consultation with the Cannabis Control Commission and the Office of Justice 598 Raised Bill No. 6377
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Reinvestment, shall adopt regulations in accordance with the provisions of chapter 599
54 for the implementation of the provisions of this section. Such regulations shall 600
include, but not be limited to, regulations for collecting information regarding 601
student disciplinary actions related to cannabis and to undertake remedial 602
measures to correct discriminatory conduct, disparate impacts and improper 603
implementation of the provisions of this section. 604
(c) Each educational institution subject to the provisions of subsection (a) of this 605
section shall file a detailed report, consistent with regulations adopted pursuant 606
to subsection (b) of this section, with the relevant regulatory agency for each 607
disciplinary action related to cannabis. 608
(d) Any student found unlawfully in possession of cannabis on the premises of 609
his or her school or while engaged in school activities, such as field trips, athletic 610
competitions or science fairs off-premises, may receive or be subject to counseling, 611
drug-related education or community service related to the school, or any 612
combination of such actions programs, as may be appropriate for the individual 613
student's educational and social needs. Such disciplinary action shall not be more 614
severe than equivalent school penalties for the underage use of alcohol. 615
(e) Any educational institution subject to the provisions of subsection (a) of this 616
section may elect to establish a restorative justice program for addressing matters 617
related to cannabis, other controlled substances, alcohol or tobacco. Any such 618
restorative justice program shall include, but not be limited to, an education 619
curriculum that is tailored to the needs and circumstances of individual students. 620
(f) Any educational institution subject to the provisions of subsection (a) of this 621
section may elect to establish a cannabis diversion program, or other substance 622
abuse diversion program, as part of a school drug policy. Any such diversion 623
program shall include, but not be limited to, counseling, support and education 624
regarding cannabis abuse and other substance abuse. 625
(g) No student found unlawfully in possession of cannabis on school premises 626
or while engaged in school activities, such as field trips, athletic competitions or 627
science fairs off school premises, may be subject to out of school suspension of 628
more than ten days. 629
(h) No school disciplinary policy shall be construed to prohibit the involvement 630 Raised Bill No. 6377
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of a student or school in a criminal investigation reasonably related to the unlawful 631
possession or distribution of cannabis on school premises or in the course of school 632
activities. In any investigation or other proceeding where a student subject to 633
school discipline for possession of cannabis may reasonably be expected to be a 634
witness or to be subject to arrest, the student shall have a right to independent 635
counsel free of charge. Any student entitled to counsel under this section or any 636
other provision of state, federal or tribal law shall be promptly informed of his or 637
her right to counsel and be granted the means to request counsel by the school. 638
(i) No beneficiary of financial aid or student loans shall have his or her 639
eligibility, rights, privileges or options revoked, restricted or otherwise adversely 640
changed on the basis of cannabis-related activity that is lawful under sections X to 641
XX, inclusive, of this act. Any contractual provision or policy contrary to the 642
provisions of this section shall be deemed void and against public policy. 643
(j) No person lawfully dwelling in student housing shall be subject to discipline, 644
termination of residency, eviction, or any other housing-related sanction for 645
cannabis-related activity lawful under sections X to XX, inclusive, of this act or 646
shall be subject to school discipline for cannabis-related activity, where permitted 647
under sections X to XX, inclusive, of this act, that does not substantially involve 648
housing-related misconduct. Any contractual provision or policy contrary to this 649
section shall be deemed void and against public policy. 650
(k) Violation of any part of this section shall give rise to a private right of action 651
by any student subject to school discipline under this section or any legal parent 652
or guardian of such a student. Such private right of action may be filed in the 653
superior court for the district in which the school is located. 654
Sec. 30. (NEW) (Effective from passage) (a) On and after one hundred eighty days 655
after the effective date of this section, it shall be unlawful to: 656
(1) Refuse to rent, lease, license, sell or otherwise make unavailable any unit of 657
housing on the basis of a person's prior charge or conviction for a cannabis-related 658
offense or past, current or future involvement or participation in the lawful 659
cannabis business sector; 660
(2) Make any inquiry into a prospective tenant, licensee or purchaser's criminal 661
history related to cannabis; or 662 Raised Bill No. 6377
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(3) Discriminate in the terms, conditions or privileges of the sale or rental of any 663
dwelling on the basis of a person's prior charge or conviction for a cannabis-related 664
offense or past, current or future involvement or participation in the lawful 665
cannabis business sector. 666
(b) Homeless shelters, respite homes, nursing homes and other long-term care 667
facilities shall not be exempt from the provisions of subsection (a) of this section. 668
(c) The provisions of subsection (a) of this section shall not apply to sober living 669
houses or other housing intended to provide a therapeutic or rehabilitative 670
environment related to drug or alcohol use or to temporary lodgings, including 671
hotels, motels, camps and private homes rented for brief stays. 672
Sec. 31. (NEW) (Effective from passage) (a) On and after one hundred eighty days 673
after the effective date of this section, the provisions of this section shall apply to 674
any housing governed by the federal Quality Housing and Work and 675
Responsibility Act of 1998 or any housing governed by any other provisions of 676
federal law that grants persons or entities that own or manage federally assisted 677
housing the discretion to deny persons housing to or evict persons from housing 678
on the basis of drug-related offenses. 679
(b) It shall be unlawful to refuse to rent, lease, license or otherwise make 680
unavailable any unit of housing subject to the provisions of this section on the basis 681
of a person's charge or arrest for a cannabis-related offense, without conviction or 682
other substantial independent and relevant evidence based on actual conduct. 683
(c) All persons or entities that own, manage or otherwise regulate housing 684
subject to the provisions of this section shall provide written notification of any 685
denial of housing or any eviction on the basis of the lawful cultivation, possession 686
or use of cannabis or other cannabis-related offense to the Cannabis Control 687
Commission and the Office of Justice Reinvestment. Such written notice shall 688
provide, with specificity, the name and address of the affected person, the race and 689
ethnicity of the affected person, the gender of the affected person, the persons with 690
knowledge and decision-making authority regarding the denial or eviction, the 691
specific circumstances of the denial or eviction and the specific reasons, facts and 692
evidence for the denial or eviction. Notice shall be issued to the Office of the 693
Attorney General not more than seven days after the denial or issuance of a notice 694
of eviction. 695 Raised Bill No. 6377
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(d) The Office of Attorney General shall conduct periodic disparate racial 696
impact reviews of denials and evictions for cannabis-related reasons under Title 697
VI of the federal Civil Rights Act of 1964, at its discretion, but not less than once 698
every two years. Should any such review identify any pattern of disparate racial 699
impact or intentional discrimination in the provision or retention of federally 700
assisted housing on the basis of lawful cannabis activity, the Office of the Attorney 701
General shall promptly undertake, upon the recommendation of the Cannabis 702
Control Commission, or on its own initiative, such remedial and corrective 703
measures as it deems reasonable, including seeking equitable and injunctive relief 704
and imposing civil penalties not to exceed one hundred thousand dollars for each 705
instance of a policy or practice that creates a disparate racial impact in the 706
provision or retention of housing covered by this section. 707
Sec. 32. (NEW) (Effective from passage) No part of sections X to XX of this act shall 708
be interpreted to infringe on tribal sovereignty to establish laws, regulations or 709
ordinances or govern and regulate matters of public policy within the boundaries 710
of tribal jurisdiction. Lawful cannabis operations certified by the tribes shall be 711
considered licensed entities for the purpose of commerce between tribal cannabis 712
businesses and licensed cannabis businesses in this state. 713
Sec. 33. (NEW) (Effective from passage) If any part of sections X to XX, inclusive, 714
of this act or any regulations adopted pursuant to said sections, or the application 715
of said sections or regulations to any person or circumstance is held invalid, such 716
invalidity shall not affect any other parts of said sections or regulations, or 717
applications of said sections or regulations, which can be given effect without the 718
invalid part or application. 719
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 from passage New section
Sec. 4 from passage New section
Sec. 5 from passage New section
Sec. 6 from passage New section
Sec. 7 from passage New section
Sec. 8 from passage New section Raised Bill No. 6377
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Sec. 9 from passage New section
Sec. 10 from passage New section
Sec. 11 from passage New section
Sec. 12 from passage New section
Sec. 13 from passage New section
Sec. 14 from passage New section
Sec. 15 from passage New section
Sec. 16 from passage New section
Sec. 17 from passage New section
Sec. 18 from passage New section
Sec. 19 from passage New section
Sec. 20 from passage New section
Sec. 21 from passage New section
Sec. 22 from passage New section
Sec. 23 from passage New section
Sec. 24 from passage New section
Sec. 25 from passage New section
Sec. 26 from passage New section
Sec. 27 from passage New section
Sec. 28 from passage New section
Sec. 29 from passage New section
Sec. 30 from passage New section
Sec. 31 from passage New section
Sec. 32 from passage New section
Sec. 33 from passage New section
Statement of Purpose:
To require labor peace agreements for the cannabis industry and to ensure a
modern and equitable cannabis workforce.
[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.]