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General Assembly Substitute Bill No. 6377
January Session, 2021
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 1
sections 2 to 33, inclusive, of this act, sections 36 and 37 of this act, 2
sections 47 to 50, inclusive, of this act, and sections 54 to 59, inclusive, of 3
this act, unless the context otherwise requires: 4
(1) "Cannabis" means cannabis type substances, as defined in section 5
21a-240 of the general statutes; 6
(2) "Consumer" means an individual who is twenty-one years of age 7
or older; 8
(3) "Cultivation" has the same meaning as provided in section 21a-9
408 of the general statutes; 10
(4) "Distribute" has the same meaning as provided in section 21a-240 11
of the general statutes; 12
(5) "Laboratory" means a laboratory located in the state that is 13
licensed to provide analysis of controlled substances pursuant to section 14
21a-246 and 21a-408r of the general statutes; 15 Substitute Bill No. 6377
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(6) "Cannabis concentrate" includes tinctures and extracts; 16
(7) "Cannabis cultivation facility" means a facility licensed to 17
cultivate, prepare and package cannabis and sell cannabis to cannabis 18
product manufacturing facilities, cannabis retailers and other cannabis 19
cultivation facilities; 20
(8) "Cannabis establishment" or "cannabis business" means any 21
cannabis business licensed or seeking licensure by the Cannabis Control 22
Commission under section 13 of this act; 23
(9) "Cannabis lounge" means a type of social consumption 24
establishment approved for the exclusive or principal purpose of selling 25
cannabis or cannabis products for consumption on the premises, except 26
by smoking; 27
(10) "Cannabis product" means a cannabis concentrate or a product 28
that is comprised of cannabis or cannabis concentrates and other 29
ingredients and is intended for use or consumption; 30
(11) "Cannabis product manufacturing facility" means a facility 31
licensed to purchase cannabis, manufacture, prepare and package 32
cannabis products and sell cannabis and cannabis products to cannabis 33
product manufacturing facilities and cannabis retailers; 34
(12) "Cannabis retailer" means a person licensed (A) to purchase 35
cannabis from cannabis cultivation facilities, (B) to purchase cannabis 36
and cannabis products from cannabis product manufacturing facilities, 37
and (C) to sell cannabis and cannabis products to consumers; 38
(13) "Cannabis microbusiness" means a vertically integrated cannabis 39
business that does not have more than ten thousand total square feet of 40
space dedicated to the cultivation of cannabis plants or the manufacture 41
of cannabis products and that is (A) licensed to cultivate, process and 42
distribute cannabis and cannabis products to cannabis retailers and to 43
deliver its own cannabis or cannabis products directly to consumers 44
pursuant to a single license, and (B) eligible for approval as a social 45 Substitute Bill No. 6377
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consumption establishment; 46
(14) "Bona fide labor organization" means a labor union (A) that 47
represents employees in this state with regard to wages, hours and 48
working conditions, (B) whose officers have been elected by a secret 49
ballot or otherwise in a manner consistent with federal law, (C) that is 50
free of domination or interference by any employer, (D) that has 51
received no improper assistance or support from any employer, and (E) 52
that is actively seeking to represent cannabis workers in this state; 53
(15) "Equity" and "equitable" mean or refer to efforts, regulations, 54
policies, programs, standards, processes and any other functions of 55
government or principles of law and governance intended to: (A) 56
Identify and remedy past and present patterns of discrimination and 57
disparities of race, ethnicity, gender and sexual orientation; (B) ensure 58
that such patterns of discrimination and disparities, whether intentional 59
or unintentional, are neither reinforced nor perpetuated; and (C) 60
prevent the emergence and persistence of foreseeable future patterns of 61
discrimination or disparities of race, ethnicity, gender and sexual 62
orientation; 63
(16) "Equity applicant" means an applicant for a license issued by the 64
Cannabis Control Commission who shall have priority eligibility for 65
licensure based on criteria and qualifications established pursuant to 66
section 13 of this act; 67
(17) "Labor peace agreement" means an agreement between a 68
cannabis establishment and a bona fide labor organization that protects 69
the state's interests by, at a minimum, prohibiting the labor organization 70
from engaging in picketing, work stoppages or boycotts against the 71
cannabis establishment; 72
(18) "Social consumption establishment" means a facility or venue or 73
a dedicated part of a facility or venue that is (A) approved to sell 74
cannabis or cannabis products to consumers for consumption on the 75
premises of the facility or venue, except by smoking, or (B) approved to 76 Substitute Bill No. 6377
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allow consumers to bring cannabis or cannabis products to the premises 77
of the facility or venue for the exclusive purpose of personal 78
consumption on the premises of the facility or venue, except by 79
smoking, without the intent to sell, distribute for compensation of any 80
kind or engage in any other manner of commercial transaction involving 81
cannabis or cannabis products; and 82
(19) "Cannabis Control Commission" means the commission 83
established pursuant to section 8 of this act. 84
Sec. 2. (NEW) (Effective from passage) (a) The sum of five million 85
dollars is appropriated to the Department of Economic and Community 86
Development from the General Fund, for each fiscal year ending June 87
30, 2022, to June 30, 2026, inclusive, for the following purposes: 88
(1) To provide grants-in-aid to create, support and deliver workforce 89
training, education and other programs that prepare individuals with 90
an adverse criminal history related to cannabis and who reside in the 91
state or on tribal lands within the state to participate in the lawful 92
cannabis business sector and in secondary industries that directly 93
support such sector. The grants-in-aid provided pursuant to this section 94
may be directed toward workforce training providers, educational 95
institutions, economic development and human services agencies, labor 96
unions, private employers, not-for-profit community organizations, 97
not-for-profit economic development organizations, local governments 98
and other public and private entities as identified by the Department of 99
Economic and Community Development, in consultation with the 100
Labor Department, the Black and Puerto Rican Caucus of the General 101
Assembly, the Governor's Workforce Council, the Cannabis Control 102
Commission and the Office of Justice Reinvestment established 103
pursuant to section 18 of this act. 104
(2) To provide grants-in-aid or low-interest loans in support of equity 105
among new small cannabis businesses operating in the state or on tribal 106
lands within the state and that commit to engaging in substantial 107
workforce development, apprenticeships or on-the-job training and 108 Substitute Bill No. 6377
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education, in ways generally consistent with the provisions of 109
subdivision (1) of this subsection for individuals with an adverse 110
criminal history related to cannabis. 111
(3) To provide grants-in-aid and loans to municipalities, community 112
development corporations and other public or private entities for the 113
purpose of rehabilitating disused or abandoned industrial and 114
commercial facilities and remediating brownfields, provided such 115
facilities and remediated areas are reserved for the use of cannabis 116
equity applicants and licensees, pursuant to section 13 of this act and 117
any regulations adopted pursuant to said section, and to support 118
environmental justice in communities of color and low-income 119
communities. 120
(4) To support the administration of such grants-in-aid, which may 121
include the hiring of additional staff, contracting with vendors, 122
engaging in public outreach and education and the funding of any other 123
measures that the Commissioner of Economic and Community 124
Development deems necessary to ensure that grants and loans issued 125
pursuant to this section are provided in an equitable manner and are 126
spent in compliance with regulations adopted pursuant to this section. 127
(b) The Commissioner of Economic and Community Development 128
shall adopt regulations, in accordance with the provisions of chapter 54 129
of the general statutes, and shall issue guidance and create such forms 130
and procedures as the commissioner deems reasonable and necessary to 131
ensure that grants-in-aid funded pursuant to the provisions of this 132
section are distributed in an equitable manner and are used in a cost-133
effective manner for their intended purpose. 134
(c) For five consecutive years, beginning with the fiscal year ending 135
June 30, 2022, funds disbursed under subsection (a) of this section shall 136
be disbursed exclusively to individuals, organizations or public 137
municipal entities that are located in any one or more of the following 138
twelve municipalities: Hartford, New Haven, Bridgeport, Waterbury, 139
New London, Windham, New Britain, Bloomfield, Norwalk, 140 Substitute Bill No. 6377
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Torrington, Ansonia and Derby. 141
(d) After the five-year exclusivity period under subsection (c) of this 142
section, funds may be disbursed in accordance with the provisions of 143
subsection (a) of this section to individuals, organizations or municipal 144
entities in any municipality, including any municipality set forth in 145
subsection (c) of this section. 146
Sec. 3. (NEW) (Effective from passage) (a) On and after one year after 147
the effective date of this section, in order for the state to relieve 148
employees, job seekers, employers and businesses of the unjustified 149
stigmatization of cannabis and to further support the establishment of a 150
modernized and equitable cannabis business sector, the following 151
nondiscrimination and antiretaliation protections shall apply to all 152
employers: 153
(1) No employer may implement a policy prohibiting the possession, 154
use or other consumption of cannabis in the course of employment by 155
an employee unless such policy is: (A) In writing, (B) equally applicable 156
to each employee, (C) made available to each employee prior to the 157
enactment of such policy, and (D) directly related to a clear business 158
necessity. The employer shall provide any such written policy to each 159
prospective employee at the time the employer makes an offer of 160
employment to the prospective employee. 161
(2) No employer or agent of any employer shall require, as a 162
condition of employment, that any employee or prospective employee 163
refrain from using cannabis outside the course of his or her 164
employment, or otherwise discriminate against any employee with 165
respect to compensation, terms, conditions or privileges of employment 166
for using cannabis outside the course of his or her employment. 167
(3) No employer or agent of any employer shall discriminate against 168
any employee or prospective employee on the basis of his or her prior, 169
current or future involvement in lawful cannabis commerce in this state 170
or in any other state, territory, district, tribal land or other jurisdiction. 171 Substitute Bill No. 6377
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(4) No employer or agent of any employer shall retaliate against any 172
employee or prospective employee for alleging a violation of any part 173
of this section or assisting in any investigation of an alleged violation of 174
any part of this section, or for assisting another employee or prospective 175
employee in seeking to redress an alleged violation of any part of this 176
section. 177
(b) The provisions of this section shall not apply to any position or 178
condition of employment governed by federal law or regulation that 179
preempts any provision of this section with regard to an employee's 180
possession, use or other consumption of cannabis or involvement in 181
lawful cannabis commerce. 182
(c) If an employer has violated any provision of this section and is not 183
otherwise exempted by subsection (b) of this section or other 184
superseding provision of state, federal or tribal law, an individual 185
aggrieved by such violation may bring a civil action for compensatory 186
damages and judicial enforcement of such provision in the superior 187
court for the judicial district where the violation is alleged to have 188
occurred or where the employer has its principal office. Any such 189
individual who prevails in such civil action shall be awarded reasonable 190
attorney's fees and costs. 191
Sec. 4. (NEW) (Effective from passage) There is established a cannabis 192
equity task force whose purpose shall be to study, make findings of fact 193
for and issue recommendations to the General Assembly and the 194
Governor regarding equity, as such findings and recommendations are 195
relevant to the establishment and regulation of cannabis cultivation, 196
manufacture and sale as a lawful and modern business sector in the 197
state. The task force shall be composed of seven commissioners, four of 198
whom shall be appointed by the Black and Puerto Rican Caucus of the 199
General Assembly, one of whom shall be the Labor Commissioner, or 200
the commissioner's designee, one of whom shall be the Commissioner 201
of Consumer Protection, or the commissioner's designee, and one of 202
whom shall be the Commissioner of Economic and Community 203
Development, or the commissioner's designee. The task force shall elect 204 Substitute Bill No. 6377
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a chairperson from among its commissioners. Except for the Labor 205
Commissioner and the Commissioners of Consumer Protection and 206
Economic and Community Development, any commissioner may be 207
removed by such commissioner's appointing authority at any time and 208
a replacement shall be appointed not later than fourteen days after the 209
date of such commissioner's removal. No commissioner appointed by 210
the Black and Puerto Rican Caucus of the General Assembly may have 211
any present or pending financial or managerial interest in any cannabis 212
establishment or other cannabis business in this state and shall have 213
entirely divested themselves of any financial or managerial interest such 214
person had in any cannabis establishment or other cannabis business in 215
this state not less than fourteen days prior to accepting an appointment 216
as a commissioner. The equity task force shall establish such rules for 217
the task force's meetings and governance as the task force deems 218
reasonable and necessary to carry out the purpose described in this 219
section and sections 5 and 6 of this act, provided a quorum of not less 220
than four commissioners shall be required to be present for any binding 221
vote of the task force. 222
Sec. 5. (NEW) (Effective from passage) Not later than one year after the 223
appointment of the seventh commissioner to the cannabis equity task 224
force pursuant to section 4 of this act, said task force shall issue a written 225
report, in accordance with the provisions of section 11-4a of the general 226
statutes, to the General Assembly and the Governor, with detailed 227
findings of fact regarding the following matters in the state: 228
(1) Historical and present-day social, economic and familial 229
consequences of cannabis prohibition, the criminalization and 230
stigmatization of cannabis use and related public policies; 231
(2) Historical and present-day structures, patterns, causes and 232
consequences of intentional and unintentional racial discrimination and 233
racial disparities in the development, application and enforcement of 234
cannabis prohibition and related public policies; 235
(3) Foreseeable long-term social, economic and familial consequences 236 Substitute Bill No. 6377
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of unremedied past racial discrimination and disparities arising from 237
past and continued cannabis prohibition, stigmatization and 238
criminalization; 239
(4) Existing patterns of racial discrimination and racial disparities in 240
access to entrepreneurship, employment and other economic benefits 241
arising in the lawful palliative use cannabis sector as established 242
pursuant to chapter 420f of the general statutes; and 243
(5) Any other matters that the task force deems relevant and feasible 244
for study for the purpose of making reasonable and practical 245
recommendations for the establishment of an equitable and lawful 246
adult-use cannabis business sector in this state. 247
Sec. 6. (NEW) (Effective from passage) (a) Simultaneous with the 248
issuance of the detailed findings of fact pursuant to section 5 of this act, 249
and based upon such findings, the cannabis equity task force shall issue 250
specific recommendations for legislation, the adoption or amendment 251
of regulations, executive orders, programs, agencies, commissions, 252
grants, financial instruments and any other tools of governance, public 253
policy and public or private finance and investment that it deems: 254
(1) Necessary and feasible for the General Assembly and the 255
Governor to implement in order to create and regulate an equity-based 256
and lawful adult-use cannabis business sector; 257
(2) Necessary and feasible to remedy and uproot past and present 258
patterns of racial and other forms of unlawful discrimination arising 259
directly or indirectly from cannabis prohibition, stigmatization, and 260
criminalization; and 261
(3) Necessary and feasible for the General Assembly and the 262
Governor to improve and achieve equity within the palliative-use 263
cannabis sector established pursuant to chapter 420f of the general 264
statutes. 265
(b) The cannabis equity task force shall also issue recommendations 266 Substitute Bill No. 6377
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regarding: 267
(1) The criteria and regulatory structure the Cannabis Control 268
Commission should use when defining "equity applicant" and "equity 269
applicant ownership of a cannabis business", for purposes of licensure. 270
Such recommendations shall include, but not be limited to: 271
(A) (i) Criteria an individual or business should meet to be classified 272
as an equity applicant or business; (ii) benefits and responsibilities that 273
should accompany such classification; and (iii) limitations and controls 274
the commission should impose on the ownership, transfer and sale of 275
businesses receiving the benefits of equity-related licensure; 276
(B) The amount of capital and overall number of cannabis businesses 277
needed to sustain an equitable cannabis business sector and workforce 278
composition in the state; and 279
(C) The amendment of cannabis-related criminal statutes, penalties 280
and related collateral civil consequences of convictions. 281
Sec. 7. (NEW) (Effective from passage) The cannabis equity task force 282
shall have a budget of five hundred thousand dollars allocated from the 283
General Fund. From such budget, the task force shall contract with 284
researchers and research organizations and may hire staff and otherwise 285
purchase goods and services in order to carry out its duties and 286
purposes pursuant to this section and sections 4 to 6, inclusive, of this 287
act, in a thorough and timely manner. In selecting researchers and 288
research organizations to conduct a study pursuant to section 4 of this 289
act, the task force shall prioritize the hiring of researchers and research 290
organizations with substantial experience in qualitative and 291
quantitative research related to race and racial disparities, including, but 292
not limited to, quantifying the economic and social impact of racism and 293
racial discrimination. The task force shall prioritize the hiring of 294
research organizations that are certified minority-owned businesses 295
operating in the state. No part of this section shall be interpreted to limit 296
the number or areas of knowledge and expertise of researchers and 297 Substitute Bill No. 6377
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research organizations that the task force may hire. The task force shall 298
be responsible for supervising and managing all hires made pursuant to 299
this section. Any moneys remaining after the completion of duties of the 300
task force pursuant to this section and sections 4 to 6, inclusive, of this 301
act shall be retained in trust and remitted to the Cannabis Control 302
Commission to support the commission's first year of operations. 303
Sec. 8. (NEW) (Effective from passage) (a) Not later than six months 304
after the date the cannabis equity task force issues findings of fact and 305
recommendations pursuant to section 5 of this act, there shall be 306
appointed and seated a Cannabis Control Commission, composed of 307
five commissioners. Two of the commissioners of the commission shall 308
be appointed by the Black and Puerto Rican Caucus of the General 309
Assembly and the remaining commissioners shall be the Labor 310
Commissioner and the Commissioners of Consumer Protection and 311
Economic and Community Development, or a qualified designee of 312
such commissioners. The commissioners appointed by the Black and 313
Puerto Rican Caucus shall be appointed for a two-year term, renewable 314
by such caucus at the end of each such term. Each commissioner 315
appointed by the Black and Puerto Rican Caucus shall receive a base 316
salary of not less than one hundred thousand dollars annually and may 317
be removed by the caucus for cause at any time. No vacancy on the 318
commission shall be permitted for longer than thirty consecutive days. 319
(b) The commission shall employ an executive director and may 320
establish, alter and remove subordinate offices within said commission. 321
Said commission may hire staff, contract with personnel and vendors, 322
establish an operational budget, expend moneys, communicate with the 323
general public and carry out all other ordinary duties and activities of a 324
regulatory agency. 325
(c) The commission shall establish rules for its operations and 326
decision-making, provided no decisions of public policy shall be made 327
without a properly convened quorum, which shall consist of a 328
minimum of three commissioners. 329 Substitute Bill No. 6377
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Sec. 9. (NEW) (Effective from passage) (a) The Cannabis Control 330
Commission shall be an independent regulatory agency and shall have 331
exclusive regulatory authority and oversight over all aspects of the 332
cultivation, production, distribution, transport, sale and other 333
commerce in cannabis and cannabis products for nonpalliative and 334
nonmedical use, except as expressly provided in sections 13, 15, 16 and 335
23 of this act. Nothing in said sections shall prevent the commission 336
from cooperating with other departments, agencies or state or local 337
authorities, provided the commission may not delegate final decision-338
making authority on any matter of regulation, public policy, licensure, 339
funding, inspection, compliance or discipline under the commission's 340
jurisdiction to any authority or body outside of the commission and the 341
commission's subordinate offices. 342
(b) The commission may, consistent with sections 9 to 31, inclusive, 343
of this act, adopt regulations in accordance with the provisions of 344
chapter 54 of the general statutes, to establish a system of licenses for 345
commerce in cannabis, investigate applicants, licensees and other 346
relevant persons, set standards, set and waive fees, hold administrative 347
hearings, impose discipline and otherwise take such measures and 348
exercise such regulatory powers as necessary to establish a modern, 349
well-regulated cannabis business sector, ensure equity in all aspects of 350
the sector and protect public safety and public health related to the use 351
of cannabis. 352
(c) The commission, in carrying out its duties and exercising its 353
authority pursuant to this section and sections 11, 13, 16 to 20, inclusive, 354
26, 27 and 31 of this act, shall adopt the findings of fact and seek to 355
implement the recommendations issued by the cannabis equity task 356
force pursuant to section 5 of this act. The commission and the Office of 357
Justice Reinvestment, established pursuant to section 18 of this act, shall 358
report, in accordance with the provisions of section 11-4a of the general 359
statutes, every six months to the Governor and General Assembly on the 360
commission's progress toward implementation of the recommendations 361
of the cannabis equity task force, until such time as all such 362 Substitute Bill No. 6377
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recommendations are fulfilled. The commission shall make such reports 363
available to the public. 364
Sec. 10. (NEW) (Effective from passage) If any provision of sections 3 to 365
32, inclusive, of this act or any provision of any regulation adopted 366
pursuant to section 2, 9, 13, 22 or 29 of this act conflicts with any 367
provision of chapter 420f of the general statutes, the provisions of said 368
sections shall prevail. 369
Sec. 11. (NEW) (Effective from passage) No person or entity licensed by 370
the Cannabis Control Commission may hold itself out as providing for 371
the palliative use of marijuana or cannabis, as defined in chapter 420f of 372
the general statutes, or otherwise provide for the medical use of 373
cannabis, unless licensed by the Department of Consumer Protection 374
pursuant to said chapter and regulations adopted pursuant to said 375
chapter. Nothing in this section shall be interpreted as prohibiting a 376
holder of a license under section 13 of this act from concurrently holding 377
a license issued pursuant to chapter 420f of the general statutes. 378
Sec. 12. (NEW) (Effective from passage) The Cannabis Control 379
Commission shall not adopt or implement any regulation, standard, 380
policy, application, process or other requirement that prohibits 381
individuals from participating in or obtaining licensure in the lawful 382
cannabis business sector on the basis of either an arrest or a conviction 383
for: (1) Any cannabis-related offense in any jurisdiction, or (2) a 384
misdemeanor drug offense of any type in any jurisdiction. 385
Sec. 13. (NEW) (Effective from passage) (a) Not later than one year after 386
the establishment of the Cannabis Control Commission pursuant to 387
section 8 of this act, the commission shall establish, set standards for, 388
issue and regulate to following seven types of licenses: 389
(1) Licenses authorizing the cultivation and production of cannabis; 390
(2) Licenses authorizing the manufacture of cannabis products 391
intended for sale; 392 Substitute Bill No. 6377
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(3) Licenses authorizing the retail sale of cannabis and cannabis 393
products to consumers; 394
(4) Licenses authorizing laboratories for the testing of cannabis, 395
pursuant to standards and requirements established by the commission; 396
(5) Licenses authorizing businesses that deliver cannabis and 397
cannabis products directly to consumers at a residential address from 398
one or more licensed cannabis retailers; 399
(6) Licenses authorizing microbusinesses; and 400
(7) Licenses authorizing social consumption establishments and 401
cannabis lounges. 402
(b) The commission shall hold public hearings regarding the 403
establishment of other types of licenses, including, but not limited to, 404
single-use event licenses. The commission may, subsequent to one or 405
more public hearings and upon its own discretion and judgment, 406
establish, issue and regulate such additional license types that the 407
commission deems likely to support equity within the cannabis business 408
sector, fiscally prudent and consistent with public safety and public 409
health. 410
(c) For all license types established pursuant to subsection (a) of this 411
section, the commission shall adopt regulations in accordance with the 412
provisions of chapter 54 of the general statutes, set such standards and 413
establish such mechanisms as it deems necessary to enforce the 414
provisions of sections 9 to 19, inclusive, of this act and to ensure equity, 415
fiscal prudence, public safety and public health. 416
(d) The commission may revoke any license type authorized 417
pursuant to subsection (a) of this section upon a finding by said 418
commission that such license type fails to improve equity within the 419
cannabis business sector, fails to be fiscally prudent or endangers public 420
safety or public health, provided holders of such licenses are provided 421
reasonable notice and an opportunity to appeal such decision pursuant 422 Substitute Bill No. 6377
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to the provisions of chapter 54 of the general statutes. 423
(e) (1) The commission, in consultation with the Office of Justice 424
Reinvestment established pursuant to section 18 of this act, and 425
consistent with the findings of fact and the recommendations the 426
cannabis equity task force pursuant to section 5 of this act, shall establish 427
criteria and qualifications for eligibility for licensure as an equity 428
applicant. 429
(2) Any set of criteria or qualifications for eligibility for licensure as 430
an equity applicant shall include persons who have been arrested for or 431
convicted of a cannabis criminal offense or who has had a parent or 432
sibling who has been arrested or convicted of a cannabis criminal 433
offense. The absence of such an arrest or conviction for the person or the 434
person's parent or sibling shall not automatically disqualify a person 435
from eligibility for licensure as an equity applicant if other criteria and 436
qualifications, as established by the commission, are satisfied. 437
(3) The commission, in consultation with the Office of Justice 438
Reinvestment, may further require, as criteria and qualifications for 439
eligibility for licensure as an equity applicant, provided such criteria 440
and qualifications are compatible with the findings of fact and the 441
recommendations of the cannabis equity task force pursuant to sections 442
5 and 6 of this act, permanent residency in a neighborhood, as defined 443
by the commission, that meets three or more of the following criteria: 444
(A) Has a median income that is not more than eighty per cent of the 445
average median household income in the state; 446
(B) Has an unemployment rate that is at least one hundred fifty per 447
cent of the unemployment rate in the state; 448
(C) Has an uninsured rate for health insurance that is at least one 449
hundred fifty per cent of the uninsured rate for health insurance in the 450
state; 451
(D) Has a food stamp or supplemental nutrition assistance plan rate 452 Substitute Bill No. 6377
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that is at least one hundred fifty per cent of the food stamp or 453
supplemental nutrition assistance plan rate in the state; 454
(E) Has a poverty rate that is at least one hundred fifty per cent of the 455
poverty rate in the state; 456
(F) Has disproportionately high rates of arrest, conviction and 457
incarceration for cannabis possession; or 458
(G) Any other criteria and qualifications as identified by the 459
commission. 460
(4) The commission, in consultation with the Office of Justice 461
Reinvestment, may further require, as criteria and qualifications for 462
eligibility for licensure as an equity applicant that are not based on 463
residency or neighborhood, provided such criteria and qualifications 464
are compatible with the findings of fact and the recommendations of the 465
cannabis equity task force pursuant to sections 5 and 6 of this act. 466
(f) For all license types, the commission shall solicit applications, 467
issue licenses and permit the start of operations in two phases, as 468
follows: 469
(1) Equity applicants, as defined by the commission, and 470
(2) (A) Regular applicants, who shall consist of all other persons and 471
entities. No regular applicant shall be accepted for review until one year 472
after the first equity applicant licensee of the same type of license 473
commences operations, except that any medical marijuana dispensary 474
licensed under chapter 420f of the general statutes that is fully 475
operational and in good standing with the Department of Consumer 476
Protection and any other state agency, including, but not limited to, the 477
Department of Revenue Services, for at least twelve consecutive months 478
prior to January 1, 2021, shall be eligible to seek licensure under a 479
cannabis retailer license and to begin operations under an approved 480
cannabis retailer license, during such one-year period. Any medical 481
marijuana dispensary that does not qualify as an equity applicant shall 482 Substitute Bill No. 6377
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be eligible for a license, other than a cannabis retailer license, as a regular 483
applicant only. 484
(B) Any medical marijuana dispensary licensed pursuant to the 485
exception for regular applicants under subparagraph (A) of this 486
subdivision shall be required, as a condition of licensure, to purchase 487
cannabis and cannabis products intended for sale under such cannabis 488
retailer license exclusively from cultivators, retailers, manufacturers or 489
microbusinesses who have been licensed as equity applicants and may 490
not sell under the cannabis retailer license cannabis or cannabis 491
products intended for medical or palliative care. 492
(g) For purposes of this section, "operations" means the first date that 493
a cannabis business transaction authorized by a license takes place in 494
the cannabis establishment. 495
(h) For all license types and for both equity applicants and regular 496
applicants, the commission shall consult with the Office of Justice 497
Reinvestment regarding regulations, requirements, qualifications, 498
standards and the review of applications. 499
(i) The commission shall adopt regulations, in accordance with the 500
provisions of chapter 54 of the general statutes, that limit changes or 501
transfers of ownership of businesses holding a license as an equity 502
applicant and strictly limit the use of subsidiaries, holding and shell 503
companies and other similar corporate vehicles in the equity application 504
process to preserve the equitable purposes of this section, sections 2 to 505
7, inclusive, and sections 9, 16, 18 and 23 of this act and to prevent the 506
misuse of the equity application process. Such regulations shall include, 507
but not be limited to: (1) A ten-year prohibition on the transfer or sale of 508
a business licensed by an equity applicant to a person or business that 509
does not qualify as an equity applicant or licensee, and (2) the 510
repayment of the previous ten years of all equity-based license fee 511
waivers, subsidies, grants, low-interest loans and other financial 512
supports provided through or regulated by the commission, the 513
Department of Economic and Community Development or the Labor 514 Substitute Bill No. 6377
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Department, prior to the date of transfer or sale of the business. 515
Sec. 14. (NEW) (Effective from passage) On and after one year from the 516
effective date of this section and notwithstanding any other provision of 517
sections 1 to 32, inclusive, of this act or any provision of the general 518
statutes or the Regulations of Connecticut State Agencies or of any local 519
ordinance, a person twenty-one years of age or older shall not be 520
required to hold a license and shall not be arrested, prosecuted, 521
penalized, sanctioned or disqualified in any manner or denied any right 522
or privilege and shall not be subject to seizure or forfeiture of assets, for: 523
(1) Any cannabis produced by cannabis plants cultivated on the 524
premises of the person's primary residence; (2) possessing, cultivating 525
or processing not more than six flowering cannabis plants at any one 526
time for personal use on the premises of his or her primary residence, as 527
the sole adult resident; or (3) possessing, cultivating or processing not 528
more than twelve flowering cannabis plants at any one time if the 529
premises are shared by two or more adults twenty-one years of age or 530
older as their primary residence. 531
Sec. 15. (NEW) (Effective from passage) Notwithstanding any 532
requirements, standards or restrictions imposed by the Cannabis 533
Control Commission pursuant to its authority under sections 9, 11, 13, 534
16 to 20, inclusive, 26, 27 and 31 of this act, the holder of a cannabis 535
microbusiness license may cultivate, process, manufacture or distribute 536
cannabis and cannabis products to cannabis retailers and deliver the 537
microbusinesses' cannabis and cannabis products directly to consumers. 538
Any cannabis microbusiness may request to the commission to operate 539
as a social consumption establishment and shall be eligible for approval, 540
provided the social consumption establishment and the microbusiness 541
are reasonably related and integrated into a single business operation 542
sharing a single premises or adjacent premises, under the control of the 543
license holder. 544
Sec. 16. (NEW) (Effective from passage) Notwithstanding any other 545
provision of sections 11, 13 or 15 of this act or any regulation adopted 546
pursuant to section 13 of this act, the Cannabis Control Commission 547 Substitute Bill No. 6377
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shall not accept an application for any license from a person or entity 548
who owns or operates a business or other establishment licensed 549
pursuant to chapter 420f of the general statutes, until such time as the 550
Office of Justice Reinvestment makes a determination that equity in 551
ownership in the cannabis business sector has been sustainably 552
achieved. 553
Sec. 17. (NEW) (Effective from passage) (a) In addition to any other 554
licensure requirements and standards established by the Cannabis 555
Control Commission, the commission shall require each applicant for a 556
cannabis establishment license to enter into, maintain and abide by the 557
terms of a labor peace agreement. All labor peace agreements shall 558
contain a clause that final and binding arbitration will be the exclusive 559
remedy for any violation of such agreement. Each applicant, whether 560
for an initial license or renewal of a license, shall submit an attestation 561
signed by both the applicant and the bona fide labor organization 562
stating that the applicant meets the requirements of this section. A labor 563
peace agreement shall be an ongoing material condition of a cannabis 564
establishment license and a violation of such agreement, established 565
exclusively through arbitration, may result in suspension, revocation or 566
denial of the renewal of such license. 567
(b) In addition to any other licensure requirements and standards 568
established by the commission, the commission shall require each 569
applicant for a cannabis cultivation or cannabis retailer license whose 570
operation entails substantial construction or renovation of a facility, to 571
(1) pay not less than the prevailing wage, as described in section 31-53 572
of the general statutes, for mechanics, laborers or workers performing 573
construction activities with respect to the project, and (2) require the 574
applicant to engage in a good faith negotiation of a project labor 575
agreement. 576
Sec. 18. (NEW) (Effective from passage) The Cannabis Control 577
Commission shall establish an Office of Justice Reinvestment not later 578
than six months after the commission is established. The commission 579
shall hire staff and authorize the Office of Justice Reinvestment to hire 580 Substitute Bill No. 6377
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staff and shall provide funding and other resources necessary for the 581
office to perform the following duties: 582
(1) Advise the commission, the General Assembly and the Governor 583
on all equity matters under the commission's jurisdiction; 584
(2) Meet on a quarterly basis with the Black and Puerto Rican Caucus 585
of the General Assembly to provide updates on the implementation of 586
the recommendations of the cannabis equity task force, the condition of 587
the cannabis business sector and any other equity-related matters of 588
importance to said caucus and to request legislative remedies from said 589
caucus that the Office of Justice Reinvestment deems reasonable; 590
(3) Oversee cannabis workforce grants, loans and other financial 591
supports, distributed pursuant to this section or section 2, 6, 13 or 26 of 592
this act or pursuant to any other cannabis-related programs under the 593
commission's jurisdiction. Such oversight includes, but is not limited to, 594
assessing the equitable distribution and the effectiveness of such grants, 595
loans and other financial supports by recipients, compliance with the 596
terms, conditions and goals of such grants, loans and other financial 597
supports by recipients and any other matters regarding the effective and 598
proper use of funds in the interest of equity in the cannabis business 599
sector. The Office of Justice Reinvestment may exercise any authority 600
and powers delegated to it by the commission, the Labor Department, 601
the Departments of Consumer Protection and Economic and 602
Community Development and any other state, local or tribal authority 603
to carry out its oversight duties pursuant to this subdivision. Said office 604
shall have the authority and power to request and compel the 605
production of documents, data, witnesses and other investigatory 606
materials from other public entities in the state and any private entity 607
receiving any benefit or license pursuant to this section, provided that 608
no part of such production by either a public or private entity shall be 609
considered a public record or be subject to public inspection. 610
(4) Investigate any agreement between a cannabis business and a 611
municipal government and refer such agreements and the parties to the 612 Substitute Bill No. 6377
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agreement to the commission for further review and action upon a 613
finding that an agreement may be contrary to any provision of sections 614
2 to 32, inclusive, of this act or any regulation adopted thereunder. 615
(5) Conduct research, engage in public outreach and education and 616
carry out all other duties assigned to it by the commission with such 617
powers and budget as allocated to it by the commission for the purposes 618
of supporting and improving equity within the cannabis business sector 619
and supporting and improving equity within the operations and 620
administration of the commission. 621
Sec. 19. (NEW) (Effective from passage) Not later than one hundred 622
eighty days after the establishment of the Office of Justice Reinvestment, 623
the Cannabis Control Commission, the Labor Department and the 624
Departments of Consumer Protection and Economic and Community 625
Development shall expressly delegate to the Office of Justice 626
Reinvestment such powers as are necessary for said office to carry out 627
its duties and as may be subsequently assigned to it by the commission 628
in a timely and efficient manner. The commission, the Labor 629
Department and the Departments of Consumer Protection and 630
Economic and Community Development may delegate additional 631
powers to, or enter into cooperative agreements with, the Office of 632
Justice Reinvestment so that said office may carry out its duties in a 633
timely and efficient manner. 634
Sec. 20. (NEW) (Effective from passage) (a) There is established a 635
Cannabis Control Commission operational trust fund that shall be held 636
and administered by the Cannabis Control Commission and that shall 637
receive one hundred per cent of all licensing and other regulatory fees 638
and one hundred per cent of all cannabis sales tax surcharges imposed 639
under section 21 of this act. Moneys in the fund shall be expended to 640
support the regulatory operations of the commission and to supplement 641
any funds allocated from the General Fund, provided not less than 642
seventy per cent of the moneys in the fund shall be allocated to the 643
support and duties of the Office of Justice Reinvestment. 644 Substitute Bill No. 6377
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(b) The commission shall expend not less than ten per cent of revenue 645
in the fund to support workforce development programs aimed at 646
increasing the number of qualified cannabis sector workers from 647
disproportionately impacted backgrounds, which may include such 648
programs as established or funded pursuant to sections 2, 4 to 7, 649
inclusive, 9 and 13 of this act. Such allocation shall not reduce the 650
amount allocated to the Department of Economic and Community 651
Development pursuant to section 2 of this act in any manner, but shall 652
be used to supplement and increase such allocation. 653
Sec. 21. (NEW) (Effective from passage) (a) There shall be a state-wide 654
ten per cent sales tax surcharge, in addition to the sales tax under section 655
12-408 of the general statutes, on the sale of cannabis and cannabis 656
products. Any municipality may impose a municipal cannabis tax of not 657
more than five per cent on the sale of cannabis and cannabis products in 658
such municipality that shall be in addition to the sales tax under section 659
12-408 of the general statutes and sales tax surcharge described in this 660
subsection. No part of the sales tax surcharge, the sales tax under section 661
12-408 of the general statutes or any municipal cannabis tax shall be 662
applied to the sale of cannabis or cannabis products sold to a medical 663
marijuana patient by a licensed medical marijuana dispensary for the 664
purpose of palliative care for a debilitating medical condition. 665
(b) There shall be a restorative justice tax on cannabis businesses, 666
including pass-through entities, in addition to any other corporate tax 667
or taxation on pass-through income, at the rate of (1) two per cent on the 668
portion of the annual gross revenue of a cannabis business over one 669
million dollars up to and including ten million dollars, and (2) ten per 670
cent on the portion of the annual gross revenue of a cannabis business 671
in excess of ten million dollars. 672
(c) The Department of Revenue Services shall adopt regulations, in 673
accordance with the provisions of chapter 54 of the general statutes, 674
issue guidance and issue or amend such forms, and otherwise institute 675
such measures as necessary and reasonable to enact and enforce the 676
provisions of this section in a timeline consistent with the needs and 677 Substitute Bill No. 6377
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requirements of the Cannabis Control Commission. 678
Sec. 22. (NEW) (Effective from passage) No municipality may 679
unconditionally prohibit the operation of a cannabis business in such 680
municipality. The provisions of this section shall not prevent a 681
municipality from regulating the zoning, licensing, hours of operation, 682
outward appearance or other matters subject to municipal jurisdiction 683
of business establishments, provided no ordinance, regulation, license, 684
permit, fee or tax imposes a burden on cannabis businesses substantially 685
greater than the burden imposed by the municipality on a similarly-686
sized business involved in the manufacture, distribution or sale of 687
alcoholic liquor. 688
Sec. 23. (NEW) (Effective from passage) Not later than six months after 689
the establishment of the Cannabis Control Commission pursuant to 690
section 8 of this act, the Governor shall, in consultation with the 691
Cannabis Control Commission and the Office of Justice Reinvestment, 692
invite the District of Columbia and those other states, territories and 693
tribes where commerce in cannabis is lawful to enter into an interstate 694
or interjurisdictional compact that shall provide for well-regulated 695
interstate and interjurisdictional commerce in cannabis. The Governor 696
shall take such steps as needed to secure agreement from such federal 697
agencies that regulate commerce to withhold interference or interdiction 698
of a well-regulated commerce in cannabis established through such 699
compacts. No compact shall be proposed or entered into pursuant to 700
this section unless the terms of such compact are consistent with the 701
equity-related goals established by the Cannabis Control Commission 702
and the Office of Justice Reinvestment pursuant to sections 2 to 7, 703
inclusive, and sections 9, 13, 16, 18 and 23 of this act. 704
Sec. 24. (NEW) (Effective from passage) No (1) commissioner of the 705
Cannabis Control Commission, during the commissioner's term in office 706
and for one year after the commissioner leaves office, (2) executive or 707
managerial employee of the state or a municipal government, or (3) 708
judge, prosecutor or employee of a police department or other law 709
enforcement agency with jurisdiction over the investigation and 710 Substitute Bill No. 6377
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enforcement of cannabis-related crimes or crimes regarding controlled 711
substances, shall: 712
(A) Have, directly or indirectly, individually or as a member of a 713
partnership or as a shareholder of a corporation, any financial or 714
managerial interest in any cannabis establishment licensed by the 715
Cannabis Control Commission pursuant to section 13 of this act or 716
licensed under chapter 420f of the general statutes or in any business 717
whose principal source of revenue or market involves providing goods 718
or services specifically and directly to cannabis establishments licensed 719
pursuant to section 13 of this act or under chapter 420f of the general 720
statutes; or 721
(b) Be permitted to receive any commission, profit, gratuities, offer of 722
future employment, partnership, ownership or other financially 723
beneficial association or gifts of any kind, from any person or cannabis 724
establishment licensed pursuant to section 13 of this act or under 725
chapter 420f of the general statutes. 726
Sec. 25. (NEW) (Effective from passage) Except as authorized under 727
section 26 of this act, no municipality or local official shall condition any 728
official action or accept any donation, in moneys or in kind, from any 729
cannabis establishment or from an individual or corporation that has 730
applied for a license to open or operate a cannabis establishment in such 731
municipality or a neighboring municipality. No municipality may 732
negotiate or enter into a local host agreement with a cannabis 733
establishment or an individual or corporation that has applied for a 734
license to open or operate a cannabis establishment in such municipality 735
or a neighboring municipality that violates, directly or indirectly, any 736
provision of section 2 to 32, inclusive, of this act or any regulation 737
adopted thereunder. 738
Sec. 26. (NEW) (Effective from passage) Each municipality shall be 739
eligible for cannabis workforce and economic development grants and 740
loans or other funds under the jurisdiction of the Cannabis Control 741
Commission, the Office of Justice Reinvestment, the Labor Department 742 Substitute Bill No. 6377
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or the Departments of Consumer Protection and Economic and 743
Community Development, except that no municipality shall be eligible 744
for any such cannabis workforce or economic development grant or loan 745
or other funds unless such municipality has passed a resolution or 746
ordinance adopting the findings of fact made by the cannabis equity 747
task force under section 5 of this act and committing the municipality to 748
the implementation of the task force's recommendations concerning 749
municipalities. 750
Sec. 27. (NEW) (Effective from passage) The Cannabis Control 751
Commission shall, not later than sixty days after its establishment, 752
consult with The University of Connecticut regarding entering into a 753
research partnership to provide studies, research, training, education 754
and any other manner of engagement in support of equity in the 755
cannabis business sector, equity applicants and licensees and equity in 756
the cannabis workforce. The commission shall seek to enter into formal 757
and informal partnerships with The University of Connecticut for not 758
more than one hundred eighty days and as needed thereafter. 759
Sec. 28. (NEW) (Effective from passage) Neither the presence of 760
cannabinoid components or metabolites in a person's bodily fluids nor 761
conduct related to the use of cannabis or the participation in cannabis-762
related business or other activities made lawful under section 3 or 11 or 763
sections 13 to 15, inclusive, of this act, or by any section of the general 764
statutes, the regulations of state agencies or a local ordinance, by a 765
custodial or noncustodial parent, grandparent, pregnant woman, legal 766
guardian or other person charged with the well-being of a child, shall 767
form the sole or primary basis for: (1) Any action or proceeding by a 768
child welfare agency or in a family or juvenile court, or (2) any adverse 769
finding, adverse evidence or restriction of any right of privilege in a 770
proceeding related to adoption, fostering or a person's fitness to adopt 771
or foster a child. 772
Sec. 29. (NEW) (Effective from passage) (a) On and after one hundred 773
eighty days after the effective date of this section: Any educational 774
institution receiving public funds or subject to the regulations of state 775 Substitute Bill No. 6377
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agencies shall revise and implement student disciplinary policies to 776
conform to the criteria in this section. 777
(b) The Department of Education and the Office of Higher Education, 778
in consultation with the Cannabis Control Commission and the Office 779
of Justice Reinvestment, shall adopt regulations in accordance with the 780
provisions of chapter 54 of the general statutes for the implementation 781
of the provisions of this section. Such regulations shall include, but not 782
be limited to, regulations for collecting information regarding student 783
disciplinary actions related to cannabis and to undertake remedial 784
measures to correct discriminatory conduct, disparate impacts and 785
improper implementation of the provisions of this section. 786
(c) Each educational institution subject to the provisions of subsection 787
(a) of this section shall file a detailed report, consistent with regulations 788
adopted pursuant to subsection (b) of this section, with the relevant 789
regulatory agency for each disciplinary action related to cannabis. 790
(d) Any student found unlawfully in possession of cannabis on the 791
premises of his or her school or while engaged in school activities, such 792
as field trips, athletic competitions or science fairs, may receive or be 793
subject to counseling, drug-related education or community service 794
related to the school, or any combination of such programs, as may be 795
appropriate for the individual student's educational and social needs. 796
Such disciplinary action shall not be more severe than equivalent school 797
penalties for the underage use of alcohol. 798
(e) Any educational institution subject to the provisions of subsection 799
(a) of this section may elect to establish a restorative justice program for 800
addressing matters related to cannabis, other controlled substances, 801
alcohol or tobacco. Any such restorative justice program shall include, 802
but not be limited to, an education curriculum that is tailored to the 803
needs and circumstances of individual students. 804
(f) Any educational institution subject to the provisions of subsection 805
(a) of this section may elect to establish a cannabis diversion program or 806 Substitute Bill No. 6377
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other substance abuse diversion program, as part of a school drug 807
policy. Any such diversion program shall include, but not be limited to, 808
counseling, support and education regarding cannabis abuse and other 809
substance abuse. 810
(g) No student found unlawfully in possession of cannabis on school 811
premises or while engaged in school activities, such as field trips, 812
athletic competitions or science fairs off school premises, may be subject 813
to out-of-school suspension of more than ten days. 814
(h) No school disciplinary policy shall be construed to prohibit the 815
involvement of a student or school in a criminal investigation 816
reasonably related to the unlawful possession or distribution of 817
cannabis on school premises or in the course of school activities. In any 818
investigation or other proceeding where a student subject to school 819
discipline for possession of cannabis may reasonably be expected to be 820
a witness or to be subject to arrest, the student shall have a right to 821
independent counsel free of charge. Any student entitled to counsel 822
under this section or any other provision of state, federal or tribal law 823
shall be promptly informed of his or her right to counsel and be granted 824
the means to request counsel by the school. 825
(i) No beneficiary of financial aid or student loans shall have his or 826
her eligibility, rights, privileges or options revoked, restricted or 827
otherwise adversely changed on the basis of cannabis-related activity 828
that is lawful under sections 13 to 15, inclusive, of this act. Any 829
contractual provision or policy contrary to the provisions of this section 830
shall be deemed void and against public policy. 831
(j) No person lawfully dwelling in student housing shall be subject to 832
discipline, termination of residency, eviction, or any other housing-833
related sanction for cannabis-related activity permitted under sections 834
13 to 15, inclusive, of this act or shall be subject to school discipline for 835
cannabis-related activity permitted under sections 13 to 15, inclusive, of 836
this act, that does not substantially involve housing-related misconduct. 837
Any contractual provision or policy contrary to this section shall be 838 Substitute Bill No. 6377
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deemed void and against public policy. 839
(k) Violation of any provision of this section shall give rise to a private 840
right of action by any student subject to school discipline under this 841
section or any legal parent or guardian of such a student. Such private 842
right of action may be filed in the superior court for the district in which 843
the school is located. 844
Sec. 30. (NEW) (Effective from passage) (a) On and after one hundred 845
eighty days after the effective date of this section, it shall be unlawful to: 846
(1) Refuse to rent, lease, license, sell or otherwise make unavailable 847
any unit of housing on the basis of a person's prior charge or conviction 848
for a cannabis-related offense or past, current or future involvement or 849
participation in the lawful cannabis business sector; 850
(2) Make any inquiry into a prospective tenant, licensee or 851
purchaser's criminal history related to cannabis; or 852
(3) Discriminate in the terms, conditions or privileges of the sale or 853
rental of any dwelling on the basis of a person's prior charge or 854
conviction for a cannabis-related offense or past, current or future 855
involvement or participation in the lawful cannabis business sector. 856
(b) Homeless shelters, respite homes, nursing homes and other long-857
term care facilities shall not be exempt from the provisions of subsection 858
(a) of this section. 859
(c) The provisions of subsection (a) of this section shall not apply to 860
sober living houses or other housing intended to provide a therapeutic 861
or rehabilitative environment related to drug or alcohol use or to 862
temporary lodgings, including hotels, motels, camps and private homes 863
rented for brief stays. 864
Sec. 31. (NEW) (Effective from passage) (a) On and after one hundred 865
eighty days after the effective date of this section, the provisions of this 866
section shall apply to any housing governed by the federal Quality 867 Substitute Bill No. 6377
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Housing and Work Responsibility Act of 1998 or any housing governed 868
by any other provisions of federal law that grants persons or entities that 869
own or manage federally assisted housing the discretion to deny 870
persons housing to or evict persons from housing on the basis of drug-871
related offenses. 872
(b) It shall be unlawful to refuse to rent, lease or license or to 873
otherwise make unavailable any unit of housing subject to the 874
provisions of this section on the basis of a person's charge or arrest for a 875
cannabis-related offense, without a conviction or other substantial 876
independent and relevant evidence based on actual conduct. 877
(c) All persons or entities that own, manage or otherwise regulate 878
housing subject to the provisions of this section shall provide written 879
notification of any denial of housing or any eviction on the basis of the 880
lawful cultivation, possession or use of cannabis or other cannabis-881
related offense to the Cannabis Control Commission and the Office of 882
Justice Reinvestment. Such written notice shall provide, with specificity, 883
the name and address of the affected person, the race and ethnicity of 884
the affected person, the gender of the affected person, the persons with 885
knowledge and decision-making authority regarding the denial or 886
eviction, the specific circumstances of the denial or eviction and the 887
specific reasons, facts and evidence for the denial or eviction. Notice 888
shall be issued to the office of the Attorney General not more than seven 889
days after the denial or issuance of a notice of eviction. 890
(d) The office of Attorney General shall conduct periodic disparate 891
racial impact reviews of denials and evictions for cannabis-related 892
reasons under Title VI of the federal Civil Rights Act of 1964, at its 893
discretion, but not less than once every two years. If any such review 894
identifies any pattern of disparate racial impact or intentional 895
discrimination in the provision or retention of federally assisted housing 896
on the basis of lawful cannabis activity, the office of the Attorney 897
General shall promptly undertake, upon the recommendation of the 898
Cannabis Control Commission or on its own initiative, such remedial 899
and corrective measures as it deems reasonable, including seeking 900 Substitute Bill No. 6377
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equitable and injunctive relief and imposing civil penalties not to exceed 901
one hundred thousand dollars for each instance of a policy or practice 902
that creates a disparate racial impact in the provision or retention of 903
housing covered by this section. 904
Sec. 32. (NEW) (Effective from passage) No provision of sections 1 to 33, 905
inclusive, of this act shall be interpreted to infringe on tribal sovereignty 906
to establish laws, regulations or ordinances or to govern and regulate 907
matters of public policy within the boundaries of tribal jurisdiction. 908
Lawful cannabis operations certified by the tribes shall be considered 909
licensed entities for the purpose of commerce between tribal cannabis 910
businesses and licensed cannabis businesses in this state. 911
Sec. 33. Section 54-142d of the general statutes is repealed and the 912
following is substituted in lieu thereof (Effective July 1, 2022): 913
(a) Whenever any person has been convicted of an offense in any 914
court in this state and such offense has been decriminalized subsequent 915
to the date of such conviction, such person may file a petition with the 916
[superior court] Superior Court at the location in which such conviction 917
was effected, or with the [superior court] Superior Court at the location 918
having custody of the records of such conviction or [with the records 919
center of the Judicial Department] if such conviction was in the Court of 920
Common Pleas, Circuit Court, municipal court or by a trial justice in the 921
Superior Court where venue would exist for criminal prosecution, for 922
an order of erasure, and the Superior Court [or records center of the 923
Judicial Department] shall direct all police and court records and 924
records of the state's or prosecuting attorney pertaining to such [case] 925
offense to be physically destroyed, provided the person shall be given a 926
complete paper or electronic copy of all records covered under this 927
subsection that are certified for authenticity prior to the destruction of 928
such records. If an electronic copy is provided to the person, no 929
duplicate electronic record shall be retained by any agency, department 930
or court covered under this subsection. 931
(b) Any person who has been convicted on October 1, 2015, or 932 Substitute Bill No. 6377
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thereafter, in any court in this state for possession of marijuana or a 933
cannabis-type substance or for possession of marijuana or a cannabis-934
type substance with the intent to distribute and the amount possessed 935
was less than or equal to six ounces of such substance, may file a petition 936
with the Superior Court at the location in which such conviction was 937
effected, or with the Superior Court at the location having custody of 938
the records of such conviction or if such conviction was in the Court of 939
Common Pleas, Circuit Court, municipal court or by a trial justice, in the 940
Superior Court where venue would currently exist for criminal 941
prosecution, for an order of erasure. As part of such petition, such 942
person shall include a copy of the arrest record or an affidavit 943
supporting such person's petition that such person possessed six ounces 944
or less of a cannabis-type substance for which such person was 945
convicted. If such petition is in order, the Superior Court shall direct all 946
police and court records and records of the state's or prosecuting 947
attorney pertaining to such offense to be erased. No fee may be charged 948
by any agency, department or court with respect to any petition under 949
this subsection. The petitioner shall be given a complete paper or 950
electronic copy of all records covered under this section that are certified 951
for authenticity prior to the destruction of such records. If an electronic 952
copy is provided, no duplicate electronic record shall be retained by any 953
agency, department or court covered under this subsection. 954
(c) The provisions of this section shall not apply to any police or court 955
records or records of the state's or prosecuting attorney pertaining to 956
such offense (1) while the criminal case is pending, or (2) in instances 957
where the case contains more than one count, until the records 958
pertaining to all counts are entitled to destruction or erasure. If the 959
records pertaining to all counts are not entitled to destruction, the court 960
shall direct the records of any offenses that would otherwise be entitled 961
to destruction pursuant to this section to be erased pursuant to section 962
54-142a, as amended by this act, provided the person to whom the 963
records pertain shall be given a complete paper or electronic copy of all 964
records subject to erasure under this subsection that are certified for 965
authenticity prior to the erasure of the record. If an electronic copy is 966 Substitute Bill No. 6377
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provided, no duplicate electronic record shall be retained by any 967
agency, department or court covered under this subsection. No fee may 968
be charged by any agency, department or court with respect to any 969
action under this subsection. 970
Sec. 34. (NEW) (Effective July 1, 2022) (a) Whenever prior to October 971
1, 2015, any person has been convicted in any court of this state of 972
possession under subsection (c) of section 21a-279 of the general 973
statutes, all police and court records and records of the state's or 974
prosecuting attorney pertaining to such a conviction in any court of this 975
state shall be (1) erased, if such records are electronic records; or (2) 976
deemed erased by operation of law, if such records are not electronic 977
records. The person to whom the records pertain shall be given a 978
complete paper or electronic copy of electronic records covered under 979
this subsection that are certified for authenticity prior to the erasure of 980
such records. No fee may be charged by any agency, department or 981
court with respect to any petition or action under this subsection. 982
(b) The provisions of this section shall not apply to any police or court 983
records or the records of any state's attorney or prosecuting attorney 984
with respect to any record referencing more than one count unless and 985
until all counts are entitled to erasure in accordance with the provisions 986
of this section, except that electronic records or portions of electronic 987
records released to the public that reference a charge that would 988
otherwise be entitled to erasure under this section shall be erased in 989
accordance with the provisions of this section. The person to whom the 990
records pertain shall be given a complete paper or electronic copy of 991
electronic records covered under this subsection that are certified for 992
authenticity prior to the erasure of such records. No fee may be charged 993
by any agency, department or court with respect to any petition or 994
action under this subsection. 995
(c) Nothing in this section shall limit any other procedure for erasure 996
of criminal history record information, as defined in section 54-142g of 997
the general statutes, or prohibit a person from participating in any such 998 Substitute Bill No. 6377
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procedure, even if such person's electronic criminal history record 999
information has been erased pursuant to this section. 1000
(d) For the purposes of this section, "electronic record" means any 1001
police or court record or record of any state's attorney or prosecuting 1002
attorney that is an electronic record, as defined in section 1-267 of the 1003
general statutes, other than a scanned copy of a physical document. 1004
(e) Nothing in this section shall be construed to require the redaction 1005
of records held internally by the Department of Correction. 1006
Sec. 35. Section 21a-408s of the general statutes is repealed and the 1007
following is substituted in lieu thereof (Effective from passage): 1008
(a) [No] A laboratory or a laboratory employee licensed for the testing 1009
of cannabis and cannabis products may [(1) acquire marijuana from a 1010
person other than a licensed producer, licensed dispensary or 1011
organization engaged in a research program, (2) deliver, transport or 1012
distribute marijuana to (A) a person who is not a licensed dispensary, 1013
(B) a person who is not a licensed producer, or (C) an organization not 1014
engaged in a research program, or (3)] acquire and test cannabis or 1015
cannabis products obtained from any source or person and may report 1016
the test results to the person requesting such test without inquiry into 1017
the source of the cannabis or cannabis product, provided the laboratory 1018
or laboratory employee (1) finds such testing is relevant to health or 1019
safety, and (2) does not obtain or transport marijuana outside of this 1020
state in violation of state or federal law. 1021
(b) (1) No laboratory employee acting within the scope of his or her 1022
employment shall be subject to arrest or prosecution, penalized in any 1023
manner, including, but not limited to, being subject to any civil penalty, 1024
or denied any right or privilege, including, but not limited to, being 1025
subject to any disciplinary action by a professional licensing board, for 1026
[acquiring, possessing, delivering, transporting or distributing 1027
marijuana to a licensed dispensary, a licensed producer or an 1028
organization engaged in an approved research program under the 1029 Substitute Bill No. 6377
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provisions of this chapter] obtaining and testing cannabis products and 1030
reporting test results pursuant to subsection (a) of this section. 1031
(2) No laboratory shall be subject to prosecution, penalized in any 1032
manner, including, but not limited to, being subject to any civil penalty 1033
or denied any right or privilege, for [acquiring, possessing, delivering, 1034
transporting or distributing marijuana to a licensed dispensary, a 1035
licensed producer or an organization engaged in an approved research 1036
program under the provisions of this chapter] obtaining and testing 1037
cannabis products and reporting test results pursuant to subsection (a) 1038
of this section. 1039
(c) Nothing in subsection (a) or (b) of this section shall be interpreted 1040
to release any laboratory employee from any requirement, obligation, 1041
responsibility or liability to any government agency arising from law or 1042
regulation or as a condition of licensing. 1043
Sec. 36. (NEW) (Effective October 1, 2021) (a) A person is guilty of 1044
smoking, otherwise inhaling or ingesting cannabis while operating a 1045
motor vehicle when he or she smokes, otherwise inhales or ingests a 1046
cannabis product while operating a motor vehicle upon a public 1047
highway of this state or upon any road of any specially chartered 1048
municipal association or of any district organized under the provisions 1049
of chapter 105 of the general statutes, a purpose of which is the 1050
construction and maintenance of roads and sidewalks, or in any parking 1051
area for ten cars or more or upon any private road on which a speed 1052
limit has been established in accordance with the provisions of section 1053
14-218a of the general statutes or upon any school property. No person 1054
shall be convicted of smoking or otherwise inhaling or ingesting 1055
cannabis while operating a motor vehicle and possessing or having 1056
under such person's control a controlled substance upon the same 1057
transaction. A person may be charged and prosecuted for either or each 1058
such offense, a violation of operating a motor vehicle while under the 1059
influence of any drug and any other applicable offense upon the same 1060
information. 1061 Substitute Bill No. 6377
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(b) Smoking, otherwise inhaling or ingesting cannabis while 1062
operating a motor vehicle is a class C misdemeanor. 1063
Sec. 37. (NEW) (Effective October 1, 2021) (a) A person is guilty of 1064
smoking cannabis in a motor vehicle when he or she smokes cannabis 1065
in a motor vehicle that is being operated by another person upon a 1066
public highway of this state or upon any road of any specially chartered 1067
municipal association or of any district organized under the provisions 1068
of chapter 105 of the general statutes, a purpose of which is the 1069
construction and maintenance of roads and sidewalks, or in any parking 1070
area for ten cars or more or upon any private road on which a speed 1071
limit has been established in accordance with the provisions of section 1072
14-218a of the general statutes or upon any school property. No person 1073
shall be convicted of smoking cannabis as a passenger in a motor vehicle 1074
and possessing or having under such person's control a controlled 1075
substance upon the same transaction, but such person may be charged 1076
and prosecuted for both offenses upon the same information. 1077
(b) Smoking cannabis in a motor vehicle is a class D misdemeanor. 1078
Sec. 38. (NEW) (Effective July 1, 2021) (a) Not later than January 1, 1079
2022, each law enforcement unit shall report to the Police Officer 1080
Standards and Training Council, in the manner specified by the council, 1081
a recommendation as to the minimum number of officers that such law 1082
enforcement unit should have accredited as drug recognition experts in 1083
order to ensure adequate availability of drug recognition experts to 1084
respond to instances of impaired driving, taking into account that law 1085
enforcement units may call upon drug recognition experts from other 1086
law enforcement units as necessary and available. Such 1087
recommendation shall be based on data on impaired driving made 1088
available to law enforcement units by the Department of Transportation 1089
and any guidance issued by the council. 1090
(b) The Police Officer Standards and Training Council, in conjunction 1091
with the Highway Safety Office within the Department of 1092 Substitute Bill No. 6377
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Transportation, shall determine the minimum number of police officers 1093
to be accredited as drug recognition experts for each law enforcement 1094
unit. In making such determination, the council and office shall consider 1095
the recommendation made by each law enforcement unit pursuant to 1096
subsection (a) of this section. The council and office shall submit the 1097
results of such determination to the Governor and the Secretary of the 1098
Office of Policy and Management not later than July 1, 2022. 1099
(c) Not later than April 1, 2022, the Police Officer Standards and 1100
Training Council shall develop and promulgate a model drug 1101
recognition expert policy to ensure that enough police officers become 1102
trained drug recognition experts in each law enforcement unit to meet 1103
the minimum number established in subsection (b) of this section. 1104
(d) Not later than October 1, 2022, each law enforcement unit shall 1105
adopt and maintain a written policy that meets or exceeds the standards 1106
of the model policy developed pursuant to subsection (c) of this section. 1107
(e) Not later than January 1, 2022, the Police Officer Standards and 1108
Training Council and the Highway Safety Office within the Department 1109
of Transportation shall jointly issue a plan to increase access to 1110
advanced roadside impaired driving enforcement training and drug 1111
recognition expert training for police officers and law enforcement units 1112
in the state. 1113
(f) On and after January 1, 2022, each police officer who has not yet 1114
been recertified pursuant to section 7-294e of the general statutes for the 1115
first time after receiving an initial certification, shall complete training 1116
and receive certification in advanced roadside impaired driving 1117
enforcement prior to being recertified pursuant to section 7-294e of the 1118
general statutes. 1119
(g) For purposes of this section, "advanced roadside impaired driving 1120
enforcement" means a program developed by the National Highway 1121
Traffic Safety Administration with the International Association of 1122
Chiefs of Police and the Technical Advisory Panel, which focuses on 1123 Substitute Bill No. 6377
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impaired driving enforcement education for police officers, or any 1124
successor to such program; "drug recognition expert" means a person 1125
certified by the International Association of Chiefs of Police as having 1126
met all requirements of the International Drug Evaluation and 1127
Classification Program; "law enforcement unit" has the same meaning 1128
as provided in section 7-294a of the general statutes; and "Police Officer 1129
Standards and Training Council" means the council established under 1130
section 7-294b of the general statutes. 1131
Sec. 39. Subsections (a) to (e), inclusive, of section 14-227a of the 1132
general statutes are repealed and the following is substituted in lieu 1133
thereof (Effective April 1, 2022): 1134
(a) No person shall operate a motor vehicle while under the influence 1135
of intoxicating liquor or any drug or both. A person commits the offense 1136
of operating a motor vehicle while under the influence of intoxicating 1137
liquor or any drug or both if such person operates a motor vehicle (1) 1138
while under the influence of intoxicating liquor or any drug or both, or 1139
(2) while such person has an elevated blood alcohol content. For the 1140
purposes of this section, "elevated blood alcohol content" means a ratio 1141
of alcohol in the blood of such person that is eight-hundredths of one 1142
per cent or more of alcohol, by weight, except that if such person is 1143
operating a commercial motor vehicle, "elevated blood alcohol content" 1144
means a ratio of alcohol in the blood of such person that is four-1145
hundredths of one per cent or more of alcohol, by weight, and "motor 1146
vehicle" includes a snowmobile and all-terrain vehicle, as those terms 1147
are defined in section 14-379. For purposes of this section, section 14-1148
227b, as amended by this act, and section 14-227c, as amended by this 1149
act, (A) "advanced roadside impaired driving enforcement" means a 1150
program developed by the National Highway Traffic Safety 1151
Administration with the International Association of Chiefs of Police 1152
and the Technical Advisory Panel, which focuses on impaired driving 1153
enforcement education for police officers, or any successor to such 1154
program; (B) "drug influence evaluation" means a twelve-part 1155
evaluation developed by the National Highway Traffic Safety 1156 Substitute Bill No. 6377
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Administration and the International Association of Chiefs of Police that 1157
is conducted by a drug recognition expert to determine the level of a 1158
person's impairment from the use of drugs and the drug category 1159
causing such impairment; (C) "drug recognition expert" means a person 1160
certified by the International Association of Chiefs of Police as having 1161
met all requirements of the International Drug Evaluation and 1162
Classification Program; and (D) "nontestimonial portion of a drug 1163
influence evaluation" means a drug influence evaluation conducted by 1164
a drug recognition expert that does not include a verbal interview with 1165
the subject. 1166
(b) (1) Except as provided in subsection (c) of this section, in any 1167
criminal prosecution for violation of subsection (a) of this section, 1168
evidence respecting the amount of alcohol or drug in the defendant's 1169
blood or urine at the time of the alleged offense, as shown by a chemical 1170
[analysis] test of the defendant's breath, blood or urine, shall be 1171
admissible and competent provided: [(1)] (A) The defendant was 1172
afforded a reasonable opportunity to telephone an attorney prior to the 1173
performance of the test and consented to the taking of the test upon 1174
which such analysis is made; [(2)] (B) a true copy of the report of the test 1175
result was mailed to or personally delivered to the defendant within 1176
twenty-four hours or by the end of the next regular business day, after 1177
such result was known, whichever is later; [(3)] (C) the test was 1178
performed by or at the direction of a police officer according to methods 1179
and with equipment approved by the Department of Emergency 1180
Services and Public Protection and was performed in accordance with 1181
the regulations adopted under subsection (d) of this section; [(4)] (D) the 1182
device used for such test was checked for accuracy in accordance with 1183
the regulations adopted under subsection (d) of this section; [(5)] (E) an 1184
additional chemical test of the same type was performed at least ten 1185
minutes after the initial test was performed or, if requested by the police 1186
officer for reasonable cause, an additional chemical test of a different 1187
type was performed, including a test to detect the presence of a drug or 1188
drugs other than or in addition to alcohol, provided the results of the 1189
initial test shall not be inadmissible under this subsection if reasonable 1190 Substitute Bill No. 6377
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efforts were made to have such additional test performed in accordance 1191
with the conditions set forth in this subsection and (i) such additional 1192
test was not performed or was not performed within a reasonable time, 1193
or (ii) the results of such additional test are not admissible for failure to 1194
meet a condition set forth in this subsection; and [(6)] (F) evidence is 1195
presented that the test was commenced within two hours of operation. 1196
In any prosecution under this section it shall be a rebuttable 1197
presumption that the results of such chemical [analysis] test establish 1198
the ratio of alcohol in the blood of the defendant at the time of the 1199
alleged offense, except that if the results of the additional test indicate 1200
that the ratio of alcohol in the blood of such defendant is ten-hundredths 1201
of one per cent or less of alcohol, by weight, and is higher than the 1202
results of the first test, evidence shall be presented that demonstrates 1203
that the test results and the analysis thereof accurately indicate the blood 1204
alcohol content at the time of the alleged offense. 1205
(2) If a law enforcement officer who is a drug recognition expert 1206
conducts a drug influence evaluation, the officer's testimony concerning 1207
such evaluation shall be admissible and competent as evidence of 1208
operation of a motor vehicle while under the influence of liquor or any 1209
drug, or both, under subdivision (1) of subsection (a) of this section. 1210
(c) In any prosecution for a violation of subdivision (1) of subsection 1211
(a) of this section, reliable evidence respecting the amount of alcohol in 1212
the defendant's blood or urine at the time of the alleged offense, as 1213
shown by a chemical analysis of the defendant's blood, breath or urine, 1214
otherwise admissible under subdivision (1) of subsection (b) of this 1215
section, shall be admissible only at the request of the defendant. 1216
(d) The Commissioner of Emergency Services and Public Protection 1217
shall ascertain the reliability of each method and type of device offered 1218
for chemical testing [and analysis purposes] of blood, of breath and of 1219
urine and certify those methods and types which [said] the 1220
commissioner finds suitable for use in testing [and analysis] of blood, 1221
breath and urine, respectively, in this state. The Commissioner of 1222
Emergency Services and Public Protection shall adopt regulations, in 1223 Substitute Bill No. 6377
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accordance with chapter 54, governing the conduct of chemical tests, the 1224
operation and use of chemical test devices, the training and certification 1225
of operators of such devices and the drawing or obtaining of blood, 1226
breath or urine samples as [said] the commissioner finds necessary to 1227
protect the health and safety of persons who submit to chemical tests 1228
and to insure reasonable accuracy in testing results. Such regulations 1229
shall not require recertification of a police officer solely because such 1230
officer terminates such officer's employment with the law enforcement 1231
agency for which certification was originally issued and commences 1232
employment with another such agency. A person qualified to withdraw 1233
blood or any hospital, laboratory or other clinic employing or utilizing 1234
the services of such a person shall not incur any civil liability as a result 1235
of such activities if requested by a police officer acting in accordance 1236
with this section or section 14-227c, as amended by this act, to withdraw 1237
blood unless the actions of the person while performing such activities 1238
constitute gross negligence. 1239
(e) (1) In any criminal prosecution for a violation of subsection (a) of 1240
this section, evidence that the defendant refused to submit to a blood, 1241
breath or urine test or the nontestimonial portion of a drug influence 1242
evaluation requested in accordance with section 14-227b, as amended 1243
by this act, shall be admissible provided the requirements of subsection 1244
(b) of said section have been satisfied. If a case involving a violation of 1245
subsection (a) of this section is tried to a jury, the court shall instruct the 1246
jury as to any inference that may or may not be drawn from the 1247
defendant's refusal to submit to [a blood, breath or urine test] such a test 1248
or evaluation. 1249
(2) A drug recognition expert may testify as to his or her opinion or 1250
otherwise as to the significance of any symptoms of impairment or 1251
intoxication for which evidence has been admitted or on the condition 1252
that such evidence be introduced. 1253
(3) In any prosecution for a violation of subdivision (1) of subsection 1254
(a) of this section in which it is alleged that the defendant's operation of 1255
a motor vehicle was impaired, in whole or in part, by consumption of 1256 Substitute Bill No. 6377
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cannabis, cannabis products or THC, the court may take judicial notice 1257
that the ingestion of THC (A) can impair a person's ability to operate a 1258
motor vehicle; (B) can impair a person's motor function, reaction time, 1259
tracking ability, cognitive attention, decision-making, judgment, 1260
perception, peripheral vision, impulse control and memory; and (C) 1261
does not enhance a person's ability to safely operate a motor vehicle. For 1262
the purposes of this subdivision, "cannabis" and "cannabis products" 1263
have the same meaning as provided in section 1 of this act and "THC" 1264
means tetrahydrocannabinol and any material, compound, mixture or 1265
preparation which contain their salts, isomers and salts of isomers, 1266
whenever the existence of such salts, isomers and salts of isomers is 1267
possible within the specific chemical designation, regardless of the 1268
source, except: (i) Dronabinol in sesame oil and encapsulated in a soft 1269
gelatin capsule in a federal Food and Drug Administration approved 1270
product, and (ii) any tetrahydrocannabinol product that has been 1271
approved by the federal Food and Drug Administration or successor 1272
agency to have a medical use and reclassified in any schedule of 1273
controlled substances or unscheduled by the federal Drug Enforcement 1274
Administration or successor agency. 1275
Sec. 40. Section 14-227b of the general statutes is repealed and the 1276
following is substituted in lieu thereof (Effective April 1, 2022): 1277
(a) Any person who operates a motor vehicle in this state shall be 1278
deemed to have given such person's consent to: [a] (1) A chemical 1279
[analysis] test of such person's blood, breath or urine; [and, if] and (2) a 1280
nontestimonial portion of a drug influence evaluation conducted by a 1281
drug recognition expert. If such person is a minor, such person's parent 1282
or parents or guardian shall also be deemed to have given their consent 1283
for such test or evaluation. 1284
[(b) If any such person, having been placed under arrest for a 1285
violation of section 14-227a or 14-227m or subdivision (1) or (2) of 1286
subsection (a) of section 14-227n, and thereafter, after being apprised of 1287
such person's constitutional rights, having been requested to submit to 1288
a blood, breath or urine test at the option of the police officer, having 1289 Substitute Bill No. 6377
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been afforded a reasonable opportunity to telephone an attorney prior 1290
to the performance of such test and having been informed that such 1291
person's license or nonresident operating privilege may be suspended 1292
in accordance with the provisions of this section if such person refuses 1293
to submit to such test, or if such person submits to such test and the 1294
results of such test indicate that such person has an elevated blood 1295
alcohol content, and that evidence of any such refusal shall be 1296
admissible in accordance with subsection (e) of section 14-227a and may 1297
be used against such person in any criminal prosecution, refuses to 1298
submit to the designated test, the test shall not be given; provided, if the 1299
person refuses or is unable to submit to a blood test, the police officer 1300
shall designate the breath or urine test as the test to be taken. The police 1301
officer shall make a notation upon the records of the police department 1302
that such officer informed the person that such person's license or 1303
nonresident operating privilege may be suspended if such person 1304
refused to submit to such test or if such person submitted to such test 1305
and the results of such test indicated that such person had an elevated 1306
blood alcohol content.] 1307
(b) (1) A police officer who has placed a person under arrest for a 1308
violation of section 14-227a, as amended by this act, 14-227m or 1309
subdivision (1) or (2) of subsection (a) of section 14-227n may request 1310
that such person submit to a blood, breath or urine test at the option of 1311
the police officer, a drug influence evaluation conducted by a drug 1312
recognition expert, or both, after such person has been (A) apprised of 1313
such person's constitutional rights; (B) afforded a reasonable 1314
opportunity to telephone an attorney prior to the performance of such 1315
test or evaluation; (C) informed that evidence of any refusal to submit 1316
to such test or evaluation shall be admissible in accordance with 1317
subsection (e) of section 14-227a, as amended by this act, and may be 1318
used against such person in any criminal prosecution, except that 1319
refusal to submit to the testimonial portions of a drug influence 1320
evaluation shall not be considered evidence of refusal of such evaluation 1321
for purposes of any criminal prosecution; and (D) informed that such 1322
person's license or operating privilege may be suspended in accordance 1323 Substitute Bill No. 6377
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with the provisions of this section if (i) such person refuses to submit to 1324
such test or the nontestimonial portion of a drug influence evaluation, 1325
(ii) such person submits to such test and the results of such test indicate 1326
that such person has an elevated blood alcohol content, or (iii) the officer 1327
believes there is substantial evidence to conclude that such person was 1328
operating a motor vehicle under the influence of intoxicating liquor or 1329
any drug, or both. 1330
(2) If the person refuses to submit to any test or drug influence 1331
evaluation, the test or evaluation shall not be given, except if the person 1332
refuses or is unable to submit to a blood test, the police officer shall 1333
designate another test to be taken. If a person submits to a breath test 1334
and the results indicate that the person does not have an elevated blood 1335
alcohol content, the police officer may request that the person submit to 1336
a different type of test, except that if such person refuses or is unable to 1337
submit to a blood test, the officer shall designate a urine test to be taken. 1338
The police officer shall make a notation upon the records of the law 1339
enforcement unit, as defined in section 7-294a, that such officer 1340
informed the person that such person's license or operating privilege 1341
may be suspended if (A) such person refused to submit to such test or 1342
nontestimonial portion of a drug influence evaluation; (B) such person 1343
submitted to such test and the results of such test indicated that such 1344
person had an elevated blood alcohol content; or (C) the officer believes 1345
there is substantial evidence to conclude that such person was operating 1346
a motor vehicle under the influence of intoxicating liquor or any drug, 1347
or both. 1348
(c) If the person arrested refuses to submit to such test or [analysis] 1349
nontestimonial portion of a drug influence evaluation or submits to such 1350
test, [or analysis,] commenced within two hours of the time of operation, 1351
and the results of such test [or analysis] indicate that such person has an 1352
elevated blood alcohol content, the police officer, acting on behalf of the 1353
Commissioner of Motor Vehicles, shall immediately revoke and take 1354
possession of the motor vehicle operator's license or, if such person is 1355
not licensed or is a nonresident, suspend the [nonresident] operating 1356 Substitute Bill No. 6377
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privilege of such person, for a twenty-four-hour period. The police 1357
officer shall prepare a report of the incident and shall mail or otherwise 1358
transmit in accordance with this subsection the report and a copy of the 1359
results of any chemical test [or analysis] to the Department of Motor 1360
Vehicles within three business days, except that failure of an officer to 1361
mail or transmit such report within three business days shall not impact 1362
a decision to suspend such person's license or operating privilege and 1363
shall not render such report inadmissible at a hearing under this section. 1364
The report shall contain such information as prescribed by the 1365
Commissioner of Motor Vehicles and shall be subscribed and sworn to 1366
under penalty of false statement as provided in section 53a-157b by the 1367
arresting officer. If the person arrested refused to submit to such test or 1368
[analysis] evaluation, the report shall be endorsed by a third person who 1369
witnessed such refusal. The report shall set forth the grounds for the 1370
officer's belief that there was probable cause to arrest such person for a 1371
violation of section 14-227a, as amended by this act, or 14-227m or 1372
subdivision (1) or (2) of subsection (a) of section 14-227n and shall state 1373
that such person had refused to submit to such test or [analysis] 1374
evaluation when requested by such police officer to do so or that such 1375
person submitted to such test, [or analysis,] commenced within two 1376
hours of the time of operation, and the results of such test [or analysis] 1377
indicated that such person had an elevated blood alcohol content. The 1378
Commissioner of Motor Vehicles may accept a police report under this 1379
subsection that is prepared and transmitted as an electronic record, 1380
including electronic signature or signatures, subject to such security 1381
procedures as the commissioner may specify and in accordance with the 1382
provisions of sections 1-266 to 1-286, inclusive. In any hearing 1383
conducted pursuant to the provisions of subsection (g) of this section, it 1384
shall not be a ground for objection to the admissibility of a police report 1385
that it is an electronic record prepared by electronic means. 1386
[(d) If the person arrested submits to a blood or urine test at the 1387
request of the police officer, and the specimen requires laboratory 1388
analysis in order to obtain the test results, the police officer shall not take 1389
possession of the motor vehicle operator's license of such person or, 1390 Substitute Bill No. 6377
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except as provided in this subsection, follow the procedures subsequent 1391
to taking possession of the operator's license as set forth in subsection 1392
(c) of this section. If the test results indicate that such person has an 1393
elevated blood alcohol content, the police officer, immediately upon 1394
receipt of the test results, shall notify the Commissioner of Motor 1395
Vehicles and submit to the commissioner the written report required 1396
pursuant to subsection (c) of this section.] 1397
(d) If a police officer who has placed a person under arrest for a 1398
violation of section 14-227a, as amended by this act, 14-227m or 1399
subdivision (1) or (2) of subsection (a) of section 14-227n does not 1400
request that such person submit to a blood, breath or urine test under 1401
subsection (b) of this section, or obtains results from a test administered 1402
under subsection (b) of this section that indicate that the person does not 1403
have an elevated blood alcohol content, such officer shall: 1404
(1) Advise such person that such person's license or operating 1405
privilege may be suspended in accordance with the provisions of this 1406
section if such police officer believes there is substantial evidence to 1407
conclude that such person was operating a motor vehicle under the 1408
influence of intoxicating liquor or any drug, or both; and 1409
(2) Submit a report to the commissioner in accordance with the 1410
procedure set forth in subsection (c) of this section and, if such report 1411
contains the results of a blood, breath or urine test that does not show 1412
an elevated blood alcohol content, such report shall conform to the 1413
requirements in subsection (c) of this section for reports that contain 1414
results showing an elevated blood alcohol content. In any report 1415
submitted under this subdivision, the officer shall document (A) the 1416
basis for the officer's belief that there was probable cause to arrest such 1417
person for a violation of section 14-227a, as amended by this act, or 14-1418
227m or subdivision (1) or (2) of subsection (a) of section 14-227n, and 1419
(B) whether the officer believes that there is substantial evidence to 1420
conclude that the person was operating a motor vehicle under the 1421
influence of intoxicating liquor or any drug, or both. With such report, 1422
the officer may submit other supporting documentation indicating the 1423 Substitute Bill No. 6377
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person's intoxication by liquor or any drug, or both. If the officer 1424
believes there is substantial evidence to conclude that the person was 1425
operating a motor vehicle under the influence of intoxicating liquor or 1426
any drug, or both, the officer shall immediately revoke and take 1427
possession of the motor vehicle operator's license or, if such person is 1428
not licensed or is a nonresident, suspend the operating privilege of such 1429
person for a twenty-four-hour period. 1430
(e) (1) Except as provided in subdivision (2) of this subsection, upon 1431
receipt of [such] a report submitted under subsection (c) or (d) of this 1432
section, the [Commissioner of Motor Vehicles] commissioner may 1433
suspend any operator's license or [nonresident] operating privilege of 1434
such person effective as of a date certain, which date certain shall be not 1435
later than thirty days [after] from the later of the date such person 1436
received (A) notice of such person's arrest by the police officer, or (B) the 1437
results of a blood or urine test or a drug influence evaluation. Any 1438
person whose operator's license or [nonresident] operating privilege has 1439
been suspended in accordance with this subdivision shall automatically 1440
be entitled to a hearing before the commissioner to be held in accordance 1441
with the provisions of chapter 54 and prior to the effective date of the 1442
suspension. The commissioner shall send a suspension notice to such 1443
person informing such person that such person's operator's license or 1444
[nonresident] operating privilege is suspended as of a date certain and 1445
that such person is entitled to a hearing prior to the effective date of the 1446
suspension and may schedule such hearing by contacting the 1447
Department of Motor Vehicles not later than seven days after the date 1448
of mailing of such suspension notice. 1449
(2) [If the person arrested (A) is] Upon receipt of a report that (A) the 1450
person's arrest involved [in] an accident resulting in a fatality, or (B) the 1451
person has previously had such person's operator's license or 1452
[nonresident] operating privilege suspended under the provisions of 1453
section 14-227a, as amended by this act, 14-227m or 14-227n, as amended 1454
by this act, during the ten-year period preceding the present arrest, 1455
[upon receipt of such report, the Commissioner of Motor Vehicles] the 1456 Substitute Bill No. 6377
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commissioner may suspend any operator's license or [nonresident] 1457
operating privilege of such person effective as of the date specified in a 1458
notice of such suspension to such person. [Any] A person whose 1459
operator's license or [nonresident] operating privilege has been 1460
suspended in accordance with this subdivision shall automatically be 1461
entitled to a hearing before the commissioner, to be held in accordance 1462
with the provisions of chapter 54. The commissioner shall send a 1463
suspension notice to such person informing such person that such 1464
person's operator's license or [nonresident] operating privilege is 1465
suspended as of the date specified in such suspension notice, and that 1466
such person is entitled to a hearing and may schedule such hearing by 1467
contacting the Department of Motor Vehicles not later than seven days 1468
after the date of mailing of such suspension notice. Any suspension 1469
issued under this subdivision shall remain in effect until such 1470
suspension is affirmed under subsection (f) of this section or such 1471
operator's license or [nonresident] operating privilege is reinstated in 1472
accordance with [subsections (f) and] subsection (h) of this section. 1473
(f) If such person does not contact the department to schedule a 1474
hearing, the commissioner shall affirm the suspension contained in the 1475
suspension notice for the appropriate period specified in subsection (i) 1476
of this section. 1477
(g) (1) If such person contacts the department to schedule a hearing, 1478
the department shall assign a date, time and place for the hearing, which 1479
date shall be prior to the effective date of the suspension, except that, 1480
with respect to a person whose operator's license or [nonresident] 1481
operating privilege is suspended in accordance with subdivision (2) of 1482
subsection (e) of this section, such hearing shall be scheduled not later 1483
than thirty days after such person contacts the department. At the 1484
request of such person, the hearing officer or the department and upon 1485
a showing of good cause, the commissioner may grant one or more 1486
continuances. [The hearing] 1487
(2) A hearing based on a report submitted under subsection (c) of this 1488
section shall be limited to a determination of the following issues: [(1)] 1489 Substitute Bill No. 6377
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(A) Did the police officer have probable cause to arrest the person for 1490
operating a motor vehicle while under the influence of intoxicating 1491
liquor or any drug, or both; [(2)] (B) was such person placed under 1492
arrest; [(3)] (C) did such person (i) refuse to submit to such test or 1493
[analysis or did such person] nontestimonial portion of a drug influence 1494
evaluation, or (ii) submit to such test, [or analysis,] commenced within 1495
two hours of the time of operation, and the results of such test [or 1496
analysis] indicated that such person had an elevated blood alcohol 1497
content; and [(4)] (D) was such person operating the motor vehicle. 1498
(3) A hearing based on a report submitted under subsection (d) of this 1499
section shall be limited to a determination of the following issues: (A) 1500
Did the police officer have probable cause to arrest the person for 1501
operating a motor vehicle while under the influence of intoxicating 1502
liquor or any drug, or both; (B) was such person placed under arrest; (C) 1503
is there substantial evidence to conclude that such person was operating 1504
a motor vehicle under the influence of intoxicating liquor or any drug, 1505
or both; and (D) was such person operating the motor vehicle. 1506
(4) In [the] a hearing under this subsection, the results of the test, [or 1507
analysis] if administered, shall be sufficient to indicate the ratio of 1508
alcohol in the blood of such person at the time of operation, provided 1509
such test was commenced within two hours of the time of operation. 1510
The fees of any witness summoned to appear at [the] a hearing under 1511
this subsection shall be the same as provided by the general statutes for 1512
witnesses in criminal cases. Notwithstanding the provisions of 1513
subsection (a) of section 52-143, any subpoena summoning a police 1514
officer as a witness shall be served not less than seventy-two hours prior 1515
to the designated time of the hearing. 1516
(5) In a hearing based on a report submitted under subsection (d) of 1517
this section, evidence of operation under the influence of intoxicating 1518
liquor or any drug, or both shall be admissible. Such evidence may 1519
include, but need not be limited to, (A) the police officer's observations 1520
of intoxication, as documented in a report submitted to the 1521
commissioner under subsection (d) of this section; (B) the results of any 1522 Substitute Bill No. 6377
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chemical test administered under this section or a toxicology report 1523
certified by the Division of Scientific Services within the Department of 1524
Emergency Services and Public Protection; (C) hospital or medical 1525
records obtained in accordance with subsection (j) of this section or by 1526
the consent of the operator; (D) the results of any tests conducted by, or 1527
the report of, an officer trained in advanced roadside impaired driving 1528
enforcement; or (E) reports of drug recognition experts. 1529
(h) If, after [such] a hearing under subdivision (2) of subsection (g) of 1530
this section, the commissioner finds in the negative on any one of the 1531
[said] issues [in the negative] specified in subparagraph (A), (B), (C) or 1532
(D) of said subdivision, the commissioner shall reinstate such license or 1533
operating privilege. If, after a hearing under subdivision (3) of 1534
subsection (g) of this section, the commissioner finds in the negative on 1535
any one of the issues specified in subparagraph (A), (B), (C) or (D) of 1536
said subdivision, the commissioner shall reinstate such license or 1537
operating privilege. If, after such hearing under subdivision (2) or (3) of 1538
subsection (g) of this section, the commissioner does not find on any one 1539
of [the] said issues in the negative or if such person fails to appear at 1540
such hearing, the commissioner shall affirm the suspension contained 1541
in the suspension notice for the appropriate period specified in 1542
subsection (i) of this section. The commissioner shall render a decision 1543
at the conclusion of such hearing and send a notice of the decision by 1544
bulk certified mail to such person. The notice of such decision sent by 1545
bulk certified mail to the address of such person as shown by the records 1546
of the commissioner shall be sufficient notice to such person that such 1547
person's operator's license or [nonresident] operating privilege is 1548
reinstated or suspended, as the case may be. 1549
(i) (1) The commissioner shall suspend the operator's license or 1550
[nonresident] operating privilege of a person who did not contact the 1551
department to schedule a hearing, who failed to appear at a hearing, or 1552
against whom a decision was issued, after a hearing, pursuant to 1553
subsection (h) of this section, as of the effective date contained in the 1554
suspension notice, for a period of forty-five days. As a condition for the 1555 Substitute Bill No. 6377
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restoration of such operator's license or [nonresident] operating 1556
privilege, such person shall be required to install an ignition interlock 1557
device on each motor vehicle owned or operated by such person and, 1558
upon such restoration, be prohibited from operating a motor vehicle 1559
unless such motor vehicle is equipped with a functioning, approved 1560
ignition interlock device, as defined in section 14-227j, for the longer of 1561
either (A) the period prescribed in subdivision (2) of this subsection for 1562
the present arrest and suspension, or (B) the period prescribed in 1563
subdivision (1), (2) or (3) of subsection (g) of section 14-227a or 1564
subdivision (1), (2) or (3) of subsection (c) of section 14-227m or 1565
subdivision (1) or (2) of subsection (c) of section 14-227n for the present 1566
arrest and conviction, if any. 1567
(2) (A) A person twenty-one years of age or older at the time of the 1568
arrest who submitted to a test [or analysis] and the results of such test 1569
[or analysis] indicated that such person had an elevated blood alcohol 1570
content, or was found to have been operating a motor vehicle under the 1571
influence of intoxicating liquor or any drug, or both based on a report 1572
filed pursuant to subsection (d) of this section, shall install and maintain 1573
an ignition interlock device for the following periods: (i) For a first 1574
suspension under this section, six months; (ii) for a second suspension 1575
under this section, one year; and (iii) for a third or subsequent 1576
suspension under this section, two years; (B) a person under twenty-one 1577
years of age at the time of the arrest who submitted to a test [or analysis] 1578
and the results of such test [or analysis] indicated that such person had 1579
an elevated blood alcohol content, or was found to have been operating 1580
a motor vehicle under the influence of intoxicating liquor or any drug, 1581
or both based on a report filed pursuant to subsection (d) of this section, 1582
shall install and maintain an ignition interlock device for the following 1583
periods: (i) For a first suspension under this section, one year; (ii) for a 1584
second suspension under this section, two years; and (iii) for a third or 1585
subsequent suspension under this section, three years; and (C) a person, 1586
regardless of age, who refused to submit to a test or [analysis] 1587
nontestimonial portion of a drug influence evaluation shall install and 1588
maintain an ignition interlock device for the following periods: (i) For a 1589 Substitute Bill No. 6377
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first suspension under this section, one year; (ii) for a second suspension 1590
under this section, two years; and (iii) for a third or subsequent 1591
suspension, under this section, three years. 1592
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this 1593
subsection, a person whose motor vehicle operator's license or 1594
[nonresident] operating privilege has been permanently revoked upon 1595
a third offense pursuant to subsection (g) of section 14-227a, as amended 1596
by this act, or subsection (c) of section 14-227m shall be subject to the 1597
penalties prescribed in subdivision (2) of subsection (i) of section 14-111. 1598
(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 1599
of this section, any police officer who obtains the results of a [chemical 1600
analysis] test of a blood sample taken from or a urine sample provided 1601
by an operator of a motor vehicle who was involved in an accident and 1602
suffered or allegedly suffered physical injury in such accident, or who 1603
was otherwise deemed by a police officer to require treatment or 1604
observation at a hospital, shall notify the [Commissioner of Motor 1605
Vehicles] commissioner and submit to the commissioner a written 1606
report if such results indicate that such person had an elevated blood 1607
alcohol content, or any quantity of an intoxicating liquor or any drug, or 1608
both, in such person's blood, and if such person was arrested for 1609
violation of section 14-227a, as amended by this act, or 14-227m or 1610
subdivision (1) or (2) of subsection (a) of section 14-227n. The report 1611
shall be made on a form approved by the commissioner containing such 1612
information as the commissioner prescribes, and shall be subscribed and 1613
sworn to under penalty of false statement, as provided in section 53a-1614
157b, by the police officer. The commissioner may, after notice and an 1615
opportunity for hearing, which shall be conducted by a hearing officer 1616
on behalf of the commissioner in accordance with chapter 54, suspend 1617
the motor vehicle operator's license or [nonresident] operating privilege 1618
of such person for the appropriate period of time specified in subsection 1619
(i) of this section and require such person to install and maintain an 1620
ignition interlock device for the appropriate period of time prescribed 1621
in subsection (i) of this section. Each hearing conducted under this 1622 Substitute Bill No. 6377
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subsection shall be limited to a determination of the following issues: (1) 1623
Whether the police officer had probable cause to arrest the person for 1624
operating a motor vehicle while under the influence of intoxicating 1625
liquor or drug, or both; (2) whether such person was placed under 1626
arrest; (3) whether such person was operating the motor vehicle; (4) 1627
whether the results of the analysis of the blood or urine of such person 1628
indicate that such person had an elevated blood alcohol content, or there 1629
is substantial evidence to conclude that the person was operating a 1630
motor vehicle under the influence of intoxicating liquor or any drug, or 1631
both; and (5) in the event that a blood sample was taken, whether the 1632
blood sample was obtained in accordance with conditions for 1633
admissibility and competence as evidence as set forth in subsection (k) 1634
of section 14-227a. If, after such hearing, the commissioner finds on any 1635
one of the said issues in the negative, the commissioner shall not impose 1636
a suspension. The fees of any witness summoned to appear at the 1637
hearing shall be the same as provided by the general statutes for 1638
witnesses in criminal cases, as provided in section 52-260. 1639
(k) The provisions of this section shall apply with the same effect to 1640
the refusal by any person to submit to an additional chemical test as 1641
provided in subparagraph (E) of subdivision [(5)] (1) of subsection (b) 1642
of section 14-227a, as amended by this act. 1643
(l) The provisions of this section shall not apply to any person whose 1644
physical condition is such that, according to competent medical advice, 1645
such test would be inadvisable. 1646
(m) The state shall pay the reasonable charges of any physician who, 1647
at the request of a [municipal police department] law enforcement unit, 1648
as defined in section 7-294a, takes a blood sample for purposes of a test 1649
under the provisions of this section. 1650
(n) For the purposes of this section, "elevated blood alcohol content" 1651
means (1) a ratio of alcohol in the blood of such person that is eight-1652
hundredths of one per cent or more of alcohol, by weight, (2) if such 1653
person is operating a commercial motor vehicle, a ratio of alcohol in the 1654 Substitute Bill No. 6377
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blood of such person that is four-hundredths of one per cent or more of 1655
alcohol, by weight, or (3) if such person is less than twenty-one years of 1656
age, a ratio of alcohol in the blood of such person that is two-hundredths 1657
of one per cent or more of alcohol, by weight. 1658
(o) The Commissioner of Motor Vehicles shall adopt regulations, in 1659
accordance with chapter 54, to implement the provisions of this section. 1660
Sec. 41. Section 14-227c of the general statutes is repealed and the 1661
following is substituted in lieu thereof (Effective April 1, 2022): 1662
(a) As part of the investigation of any motor vehicle accident resulting 1663
in the death of a person, the Chief Medical Examiner, Deputy Chief 1664
Medical Examiner, an associate medical examiner, a pathologist as 1665
specified in section 19a-405, or an authorized assistant medical 1666
examiner, as the case may be, shall order that a blood sample be taken 1667
from the body of any operator or pedestrian who dies as a result of such 1668
accident. Such blood samples shall be examined for the presence and 1669
concentration of alcohol and any drug by the Division of Scientific 1670
Services within the Department of Emergency Services and Public 1671
Protection or by the Office of the Chief Medical Examiner, or by any 1672
forensic toxicology laboratory pursuant to an agreement with the office. 1673
Nothing in this subsection or section 19a-406 shall be construed as 1674
requiring such medical examiner to perform an autopsy in connection 1675
with obtaining such blood samples. 1676
(b) [A blood or breath sample shall be obtained from any surviving 1677
operator whose motor vehicle is involved in an accident resulting in the 1678
serious physical injury, as defined in section 53a-3, or death of another 1679
person, if] If any surviving operator whose motor vehicle is involved in 1680
an accident resulting in the serious physical injury, as defined in section 1681
53a-3, or death of another person, and (1) a police officer has probable 1682
cause to believe that such operator operated such motor vehicle while 1683
under the influence of intoxicating liquor or any drug, or both, or (2) 1684
such operator has been charged with a motor vehicle violation in 1685
connection with such accident and a police officer has a reasonable and 1686 Substitute Bill No. 6377
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articulable suspicion that such operator operated such motor vehicle 1687
while under the influence of intoxicating liquor or any drug, or both: 1688
(A) A blood, breath or urine sample shall be obtained from such 1689
surviving operator. The test shall be performed by or at the direction of 1690
a police officer according to methods and with equipment approved by 1691
the Department of Emergency Services and Public Protection and shall 1692
be performed by a person certified or recertified for such purpose by 1693
said department or recertified by persons certified as instructors by the 1694
Commissioner of Emergency Services and Public Protection. The 1695
equipment used for such test shall be checked for accuracy by a person 1696
certified by the Department of Emergency Services and Public 1697
Protection immediately before and after such test is performed. If a 1698
blood test is performed, it shall be on a blood sample taken by a person 1699
licensed to practice medicine and surgery in this state, a qualified 1700
laboratory technician, a registered nurse, a physician assistant or a 1701
phlebotomist. [The blood samples] A blood sample obtained from an 1702
operator pursuant to this subsection shall be examined for the presence 1703
and concentration of alcohol and any drug by the Division of Scientific 1704
Services within the Department of Emergency Services and Public 1705
Protection; [.] and 1706
(B) A drug recognition expert shall conduct a drug influence 1707
evaluation of such surviving operator, provided such operator is not 1708
seriously injured or otherwise unable to take such evaluation as a result 1709
of the accident. 1710
(c) Each police officer who obtains from a surviving operator any 1711
blood, breath or urine sample or a drug influence evaluation conducted 1712
on such operator pursuant to subsection (b) of this section shall submit 1713
to the Commissioner of Motor Vehicles a written report providing the 1714
results of such sample or evaluation on a form approved by the 1715
commissioner. The commissioner may, after notice and an opportunity 1716
for a hearing held in accordance with chapter 54 and section 14-227b, as 1717
amended by this act, suspend the motor vehicle operator's license or 1718
operating privilege of such person and require such person to install and 1719 Substitute Bill No. 6377
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maintain an ignition interlock device as provided for in subsection (i) of 1720
section 14-227b, as amended by this act. Such hearing shall be limited to 1721
a determination of the following issues: (1) Was the person operating 1722
the motor vehicle; (2) was the person's sample obtained in accordance 1723
with, or drug influence evaluation conducted pursuant to, the 1724
provisions of subsection (b) of this section; and (3) was the examined 1725
sample found to have an elevated blood alcohol content, as defined in 1726
section 14-227b, as amended by this act, or was there substantial 1727
evidence that the person was operating the motor vehicle under the 1728
influence of intoxicating liquor or any drug, or both. 1729
(d) In any motor vehicle accident resulting in the death of a person, 1730
the law enforcement unit, as defined in section 7-294a, responding to the 1731
accident shall assign an officer trained in advanced roadside impaired 1732
driving enforcement to respond, if such an officer is available. 1733
Sec. 42. Subsection (c) of section 14-44k of the general statutes is 1734
repealed and the following is substituted in lieu thereof (Effective April 1735
1, 2022): 1736
(c) In addition to any other penalties provided by law, and except as 1737
provided in subsection (d) of this section, a person is disqualified from 1738
operating a commercial motor vehicle for one year if the commissioner 1739
finds that such person (1) has refused to submit to a test to determine 1740
such person's blood alcohol concentration while operating any motor 1741
vehicle [, or has failed such a test when given,] or to a nontestimonial 1742
portion of a drug influence evaluation conducted by a drug recognition 1743
expert, (2) has an elevated blood alcohol content based on such a test 1744
pursuant to section 14-227b, as amended by this act, or (3) was found to 1745
have been operating under the influence of intoxicating liquor or any 1746
drug, or both based on a report filed pursuant to the provisions of 1747
subsection (d) of section 14-227b, as amended by this act, or pursuant to 1748
the provisions of a law of any other state that is deemed by the 1749
commissioner to be substantially similar to section 14-227b, as amended 1750
by this act. For the purpose of this subsection, [a person shall be deemed 1751
to have failed such a test if, when driving a commercial motor vehicle, 1752 Substitute Bill No. 6377
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the ratio of alcohol in the blood of such person was four-hundredths of 1753
one per cent or more of alcohol, by weight, or if, when driving any other 1754
motor vehicle, the ratio of alcohol in the blood of such person was eight-1755
hundredths of one per cent or more of alcohol, by weight] "drug 1756
recognition expert" and "nontestimonial portion of a drug influence 1757
evaluation" have the same meanings as provided in section 14-227a, as 1758
amended by this act. 1759
Sec. 43. (NEW) (Effective July 1, 2021) The state Traffic Safety Resource 1760
Prosecutor, in consultation with the Department of Transportation, the 1761
Department of Motor Vehicles, the state-wide drug recognition expert 1762
coordinator and the Connecticut Police Chiefs Association, shall seek 1763
any guidance available from the National Highway Traffic Safety 1764
Administration, and shall (1) develop educational materials and 1765
programs about the drug recognition expert program and drug 1766
influence evaluations, and (2) make such materials and programs 1767
available to the Judicial Branch and the Connecticut Judges Association. 1768
Sec. 44. Section 15-140q of the general statutes is repealed and the 1769
following is substituted in lieu thereof (Effective April 1, 2022): 1770
(a) Any person who operates a vessel in this state shall be deemed to 1771
have consented to (1) a chemical [analysis] test of such person's blood, 1772
breath or urine, [and if] and (2) a nontestimonial portion of a drug 1773
influence evaluation conducted by a drug recognition expert. If such 1774
person is a minor, such person's parent or parents or guardian shall also 1775
be deemed to have given their consent for such [an analysis of the 1776
minor's blood, breath or urine] test or evaluation. 1777
[(b) If any such person, having been placed under arrest for: (1) 1778
Violating subsection (b) of section 53-206d; (2) operating a vessel upon 1779
the waters of this state while under the influence of intoxicating liquor 1780
or any drug, or both; (3) operating a vessel upon the waters of this state 1781
while such person has an elevated blood alcohol content, and thereafter, 1782
after being apprised of such person's constitutional rights, having been 1783
requested to submit to a blood, breath or urine test at the option of the 1784 Substitute Bill No. 6377
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police officer, having been afforded a reasonable opportunity to 1785
telephone an attorney prior to the performance of such test and having 1786
been informed that such person's safe boating certificate, right to 1787
operate a vessel that requires a safe boating certificate for operation or 1788
certificate of personal watercraft operation issued by the commissioner 1789
as a condition of operating a vessel shall be suspended in accordance 1790
with the provisions of this section if such person refuses to submit to 1791
such test or if such person submits to such test and the results of such 1792
test indicate that such person has an elevated blood alcohol content and 1793
that evidence of any such refusal shall be admissible in accordance with 1794
subsection (d) of section 15-140r, and may be used against such person 1795
in any criminal prosecution, refuses to submit to the designated test, the 1796
test shall not be given; provided, if such person refuses or is unable to 1797
submit to a blood test, the peace officer shall designate the breath or 1798
urine test as the test to be taken. The peace officer shall make a notation 1799
upon the records of the police department that such officer informed 1800
such person that such person's safe boating certificate, right to operate 1801
a vessel that requires a safe boating certificate for operation or certificate 1802
of personal watercraft operation would be suspended if such person 1803
refused to submit to such test or if such person submitted to such test 1804
and the results of such test indicated that such person has an elevated 1805
blood alcohol content.] 1806
(b) (1) A peace officer who has placed a person under arrest for 1807
violating subsection (b) of section 53-206d; operating a vessel upon the 1808
waters of this state while under the influence of intoxicating liquor or 1809
any drug, or both; or operating a vessel upon the waters of this state 1810
while such person has an elevated blood alcohol content, may request 1811
that such person submit to a blood, breath or urine test at the option of 1812
the peace officer, a drug influence evaluation conducted by a drug 1813
recognition expert, or both, after such person has been (A) apprised of 1814
such person's constitutional rights, (B) afforded a reasonable 1815
opportunity to telephone an attorney prior to the performance of such 1816
test or evaluation, (C) informed that evidence of any refusal to submit 1817
to such test or evaluation shall be admissible in accordance with 1818 Substitute Bill No. 6377
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subsection (d) of section 15-140r, as amended by this act, and may be 1819
used against such person in any criminal prosecution, except that 1820
refusal to submit to the testimonial portions of a drug influence 1821
evaluation shall not be considered evidence of refusal of such evaluation 1822
for purposes of any criminal prosecution, and (D) informed that such 1823
person's safe boating certificate, right to operate a vessel that requires a 1824
safe boating certificate for operation or certificate of personal watercraft 1825
operation issued by the commissioner as a condition of operating a 1826
vessel may be suspended in accordance with the provisions of this 1827
section if (i) such person refuses to submit to such test or nontestimonial 1828
portion of a drug influence evaluation, (ii) such person submits to such 1829
test and the results of such test indicate that such person has an elevated 1830
blood alcohol content, or (iii) the officer believes there is substantial 1831
evidence to conclude that such person was operating a vessel under the 1832
influence of intoxicating liquor or any drug, or both. 1833
(2) If the person refuses to submit to any test or drug influence 1834
evaluation, the test or evaluation shall not be given, except that if the 1835
person refuses or is unable to submit to a blood test, the peace officer 1836
shall designate another test to be taken. If a person submits to a breath 1837
test and the results indicate that the person does not have an elevated 1838
blood alcohol content, the peace officer may request that the person 1839
submit to a different type of test, except that if the person refuses or is 1840
unable to submit to a blood test, the peace officer shall designate a urine 1841
test to be taken. The peace officer shall make a notation upon the records 1842
of the law enforcement unit, as defined in section 7-294a, that such 1843
officer informed the person that such person's safe boating certificate, 1844
right to operate a vessel that requires a safe boating certificate for 1845
operation or certificate of personal watercraft operation may be 1846
suspended if such person (A) refused to submit to such test or the 1847
nontestimonial portion of a drug influence evaluation; (B) submitted to 1848
such test and the results of such test indicated that such person had an 1849
elevated blood alcohol content; or (C) the officer believes there is 1850
substantial evidence to conclude that such person was operating a 1851
vessel under the influence of intoxicating liquor or any drug, or both. 1852 Substitute Bill No. 6377
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(c) If the person arrested refuses to submit to such test or [analysis] 1853
nontestimonial portion of a drug influence evaluation, or submits to 1854
such test [or analysis] and the results of such test [or analysis] indicate 1855
that at the time of the alleged offense such person had an elevated blood 1856
alcohol content, the peace officer shall immediately revoke the safe 1857
boating certificate, right to operate a vessel that requires a safe boating 1858
certificate for operation or certificate of personal watercraft operation, if 1859
any, of such person for a twenty-four-hour period. The peace officer 1860
shall prepare a written report of the incident and shall mail the report, 1861
together with any certificate taken into possession and a copy of the 1862
results of any chemical test, [or analysis,] to the commissioner within 1863
three business days, except that failure of an officer to mail or transmit 1864
such report within three business days shall not impact a decision to 1865
suspend a safe boating certificate, right to operate a vessel that requires 1866
a safe boating certificate for operation or certificate of personal 1867
watercraft operation issued by the commissioner as a condition of 1868
operating a vessel and shall not render such report inadmissible at a 1869
hearing under this section. The report shall be made on a form approved 1870
by the commissioner and shall be subscribed and sworn to under 1871
penalty of false statement as provided in section 53a-157b by the peace 1872
officer before whom such refusal was made or who administered or 1873
caused to be administered such test. [or analysis.] If the person arrested 1874
refused to submit to such test or [analysis] evaluation, the report shall 1875
be endorsed by a third person who witnessed such refusal. The report 1876
shall set forth the grounds for the officer's belief that there was probable 1877
cause to arrest such person for operating such vessel while under the 1878
influence of intoxicating liquor or any drug, or both, or while such 1879
person has an elevated blood alcohol content and shall state that such 1880
person refused to submit to such test or [analysis] evaluation when 1881
requested by such peace officer or that such person submitted to such 1882
test [or analysis] and the results of such test [or analysis] indicated that 1883
such person at the time of the alleged offense had an elevated blood 1884
alcohol content. 1885
[(d) If the person arrested submits to a blood or urine test at the 1886 Substitute Bill No. 6377
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request of the peace officer, and the specimen requires laboratory 1887
analysis in order to obtain the test results, and if the test results indicate 1888
that such person has an elevated blood alcohol content, the peace officer, 1889
immediately upon receipt of the test results, shall notify and submit to 1890
the commissioner the written report required pursuant to subsection (c) 1891
of this section.] 1892
(d) If a peace officer has placed a person under arrest for violating 1893
subsection (b) of section 53-206d; operating a vessel upon the waters of 1894
this state while under the influence of intoxicating liquor or any drug, 1895
or both; or operating a vessel upon the waters of this state while such 1896
person has an elevated blood alcohol content and does not request that 1897
such person submit to a blood, breath or urine test under subsection (b) 1898
of this section, or obtains test results from a test administered under 1899
subsection (b) of this section that indicate that the person does not have 1900
an elevated blood alcohol content, such officer shall: 1901
(1) Advise such person that such person's safe boating certificate, 1902
right to operate a vessel that requires a safe boating certificate for 1903
operation or certificate of personal watercraft operation issued by the 1904
commissioner as a condition of operating a vessel may be suspended in 1905
accordance with the provisions of this section if such officer believes 1906
there is substantial evidence to conclude that such person was operating 1907
a vessel under the influence of intoxicating liquor or any drug, or both; 1908
and 1909
(2) Submit a report to the commissioner in accordance with the 1910
procedure set forth in subsection (c) of this section and, if such report 1911
contains the results of a blood, breath or urine test that does not show 1912
an elevated blood alcohol content, such report shall conform to the 1913
requirements in subsection (c) of this section for reports that contain 1914
results showing an elevated blood alcohol content. In any report 1915
submitted under this subdivision, the officer shall document (A) the 1916
basis for the officer's belief that there was probable cause to arrest such 1917
person for a violation of subsection (b) of section 53-206d; operating a 1918
vessel upon the waters of this state while under the influence of 1919 Substitute Bill No. 6377
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intoxicating liquor or any drug, or both; or operating a vessel upon the 1920
waters of this state while such person has an elevated blood alcohol 1921
content, and (B) whether the officer believes that there is substantial 1922
evidence to conclude that the person was operating a vessel under the 1923
influence of intoxicating liquor or any drug, or both. With such report, 1924
the officer may submit other supporting documentation indicating the 1925
person's intoxication by liquor or any drug, or both. If the officer 1926
believes there is substantial evidence to conclude that the person was 1927
operating a vessel under the influence of intoxicating liquor or any drug, 1928
or both, the officer shall immediately revoke and take possession of the 1929
person's safe boating certificate, right to operate a vessel that requires a 1930
safe boating certificate for operation or certificate of personal watercraft 1931
operation issued by the commissioner as a condition of operating a 1932
vessel, for a twenty-four-hour period. 1933
(e) Upon receipt of [such] a report submitted under subsection (c) or 1934
(d) of this section, the commissioner shall suspend the safe boating 1935
certificate, right to operate a vessel that requires a safe boating certificate 1936
for operation or certificate of personal watercraft operation of such 1937
person effective as of a date certain, and such date certain shall be no 1938
later than thirty-five days [after] from the later of the date such person 1939
received (1) notice of such person's arrest by the peace officer, or (2) the 1940
results of a blood or urine test or a drug influence evaluation. Any 1941
person whose safe boating certificate, right to operate a vessel that 1942
requires a safe boating certificate for operation or certificate of personal 1943
watercraft operation is suspended in accordance with this subsection 1944
shall be entitled to a hearing before the commissioner to be held prior to 1945
the effective date of the suspension. The commissioner shall send a 1946
suspension notice to such person informing such person that such 1947
person's safe boating certificate, right to operate a vessel that requires a 1948
safe boating certificate for operation or certificate of personal watercraft 1949
operation is suspended and shall specify the date of such suspension 1950
and that such person is entitled to a hearing prior to the effective date of 1951
the suspension and may schedule such hearing by contacting the 1952
commissioner not later than seven days after the date of mailing of such 1953 Substitute Bill No. 6377
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suspension notice. 1954
(f) If such person does not contact the department to schedule a 1955
hearing, the commissioner shall affirm the suspension contained in the 1956
suspension notice for the appropriate period specified in subsection (i) 1957
of this section. 1958
(g) (1) If such person contacts the department to schedule a hearing, 1959
the commissioner shall assign a date, time and place for the hearing, 1960
which date shall be prior to the effective date of the suspension. At the 1961
request of such person and upon a showing of good cause, the 1962
commissioner may grant one continuance for a period not to exceed 1963
thirty days. [The hearing] 1964
(2) A hearing based on a report submitted under subsection (c) of this 1965
section shall be limited to a determination of the following issues: [(1)] 1966
(A) Whether the peace officer had probable cause to arrest the person 1967
for operating the vessel while under the influence of intoxicating liquor 1968
or drugs, or both, or while such person has an elevated blood alcohol 1969
content; [(2)] (B) whether such person was placed under arrest; [(3)] (C) 1970
whether such person [(A)] (i) refused to submit to such test or [analysis] 1971
nontestimonial portion of a drug influence evaluation, or [(B)] (ii) 1972
submitted to such test [or analysis] and the results of such test [or 1973
analysis] indicated that at the time of the alleged offense that such 1974
person had an elevated blood alcohol content; and [(4)] (D) whether 1975
such person was operating the vessel. 1976
(3) A hearing based on a report submitted under subsection (d) of this 1977
section shall be limited to a determination of the following issues: (A) 1978
Whether the peace officer had probable cause to arrest the person for 1979
operating a vessel while under the influence of intoxicating liquor or 1980
drugs, or both, or while such person has an elevated blood alcohol 1981
content; (B) whether such person was placed under arrest; (C) whether 1982
there is substantial evidence to conclude that such person was operating 1983
a vessel under the influence of intoxicating liquor or any drug, or both; 1984
and (D) whether such person was operating the vessel. 1985 Substitute Bill No. 6377
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(4) At [the] a hearing held under this subsection, the results of the 1986
test, [or analysis] if administered, shall be sufficient to indicate the ratio 1987
of alcohol in the blood of such person at the time of operation, except 1988
that if the results of an additional test, administered pursuant to section 1989
15-140r, as amended by this act, indicate that the ratio of alcohol in the 1990
blood of such person is eight-hundredths of one per cent or less of 1991
alcohol, by weight, and is higher than the results of the first test, 1992
evidence shall be presented that demonstrates that the test results and 1993
analysis thereof accurately indicate the blood alcohol content at the time 1994
of operation. The fees of any witness summoned to appear at [the] a 1995
hearing under this subsection shall be the same as provided in section 1996
52-260. 1997
(5) In a hearing based on a report submitted under subsection (d) of 1998
this section, evidence of operation under the influence of intoxicating 1999
liquor or any drug, or both shall be admissible. Such evidence may 2000
include, but need not be limited to, (A) the peace officer's observations 2001
of intoxication, as documented in a report submitted to the 2002
commissioner under subsection (d) of this section; (B) the results of any 2003
chemical test administered under this section or a toxicology report 2004
certified by the Division of Scientific Services within the Department of 2005
Emergency Services and Public Protection; (C) hospital or medical 2006
records obtained in accordance with subsection (j) of this section or by 2007
the consent of the operator; or (D) reports of drug recognition experts. 2008
(h) If, after [such] a hearing under subdivision (2) of subsection (g) of 2009
this section, the commissioner finds in the negative on any one of [said] 2010
the issues specified in [the negative] subparagraph (A), (B), (C) or (D) of 2011
said subdivision, the commissioner shall stay the safe boating certificate, 2012
right to operate a vessel that requires a safe boating certificate for 2013
operation or certificate of personal watercraft operation suspension. If, 2014
after a hearing under subdivision (3) of subsection (g) of this section, the 2015
commissioner finds in the negative on any one of the issues specified in 2016
subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner 2017
shall stay the safe boating certificate, right to operate a vessel that 2018 Substitute Bill No. 6377
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requires a safe boating certificate for operation or certificate of personal 2019
watercraft operation suspension. If, after such hearing under 2020
subdivision (2) or (3) of subsection (g) of this section, the commissioner 2021
does not find on any one of said issues in the negative or if such person 2022
fails to appear at such hearing, the commissioner shall affirm the 2023
suspension contained in the suspension notice for the appropriate 2024
period specified in subsection (i) of this section. The commissioner shall 2025
render a decision at the conclusion of such hearing or send a notice of 2026
the decision by certified mail to such person not later than thirty-five 2027
days from the date of notice of such person's arrest by the peace officer 2028
or, if a continuance is granted, not later than sixty-five days from the 2029
date such person received notice of such person's arrest by the peace 2030
officer. The notice of such decision sent by certified mail to the address 2031
of such person as shown by the records of the commissioner shall be 2032
sufficient notice to such person that such person's safe boating 2033
certificate, right to operate a vessel that requires a safe boating certificate 2034
for operation or certificate of personal watercraft operation is suspended 2035
or the suspension is stayed. Unless a continuance of the hearing is 2036
granted pursuant to subsection (g) of this section, if the commissioner 2037
fails to render a decision within thirty-five days from the date that such 2038
person received notice of such person's arrest by the peace officer, the 2039
commissioner shall not suspend such person's safe boating certificate, 2040
right to operate a vessel that requires a safe boating certificate for 2041
operation or certificate of personal watercraft operation. 2042
(i) The commissioner shall suspend the operator's safe boating 2043
certificate, right to operate a vessel that requires a safe boating certificate 2044
for operation or certificate of personal watercraft operation of a person 2045
who does not contact the department to schedule a hearing under 2046
subsection (e) of this section, who fails to appear at such hearing, or 2047
against whom, after a hearing, the commissioner holds pursuant to 2048
subsection (g) of this section. Such suspension shall be as of the effective 2049
date contained in the suspension notice or the date the commissioner 2050
renders a decision, whichever is later, for a period of: (1) (A) Except as 2051
provided in subparagraph (B) of this subdivision, ninety days if such 2052 Substitute Bill No. 6377
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person submitted to a test [or analysis] and the results of such test [or 2053
analysis] indicated that at the time of the alleged offense that such 2054
person had an elevated blood alcohol content, or such person was found 2055
to have been operating a vessel under the influence of intoxicating 2056
liquor or any drug, or both, based on a report filed pursuant to 2057
subsection (d) of this section, or (B) one hundred twenty days if such 2058
person submitted to a test [or analysis] and the results of such test [or 2059
analysis] indicated that the ratio of alcohol in the blood of such person 2060
was sixteen-hundredths of one per cent or more of alcohol, by weight, 2061
or (C) six months if such person refused to submit to such test; [or 2062
analysis;] (2) if such person has previously had such person's safe 2063
boating certificate, right to operate a vessel that requires a safe boating 2064
certificate for operation or certificate of personal watercraft operation 2065
suspended under this section, (A) except as provided in subparagraph 2066
(B) of this subdivision, nine months if such person submitted to a test 2067
[or analysis] and the results of such test [or analysis] indicated that at 2068
the time of the alleged offense that such person had an elevated blood 2069
alcohol content, or such person was found to have been operating a 2070
vessel under the influence of intoxicating liquor or any drug, or both, 2071
based on a report filed pursuant to subsection (d) of this section, (B) ten 2072
months if such person submitted to a test [or analysis] and the results of 2073
such test [or analysis] indicated that the ratio of alcohol in the blood of 2074
such person was sixteen-hundredths of one per cent or more of alcohol, 2075
by weight, and (C) one year if such person refused to submit to such 2076
test; [or analysis;] and (3) if such person has two or more times 2077
previously had such person's safe boating certificate, right to operate a 2078
vessel that requires a safe boating certificate for operation or certificate 2079
of personal watercraft operation suspended under this section, (A) 2080
except as provided in subparagraph (B) of this subdivision, two years if 2081
such person submitted to a test [or analysis] and the results of such test 2082
[or analysis] indicated that at the time of the alleged offense that such 2083
person had an elevated blood alcohol content, or such person was found 2084
to have been operating a vessel under the influence of intoxicating 2085
liquor or any drug, or both, based on a report filed pursuant to 2086
subsection (d) of this section, (B) two and one-half years if such person 2087 Substitute Bill No. 6377
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submitted to a test [or analysis] and the results of such test [or analysis] 2088
indicated that the ratio of alcohol in the blood of such person was 2089
sixteen-hundredths of one per cent or more of alcohol, by weight, and 2090
(C) three years if such person refused to submit to such test. [or 2091
analysis.] 2092
(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 2093
of this section, any peace officer who obtains the results of a chemical 2094
analysis of a blood sample taken from an operator of a vessel involved 2095
in an accident who suffered or allegedly suffered physical injury in such 2096
accident shall notify the commissioner and submit to the commissioner 2097
a written report if such results indicate that at the time of the alleged 2098
offense such person had an elevated blood alcohol content, or any 2099
quantity of an intoxicating liquor or any drug, or both, in such person's 2100
blood, and if such person was arrested for a violation of section 15-132a, 2101
subsection (d) of section 15-133 or section 15-140l or 15-140n in 2102
connection with such accident. The report shall be made on a form 2103
approved by the commissioner containing such information as the 2104
commissioner prescribes and shall be subscribed and sworn under 2105
penalty of false statement, as provided in section 53a-157b, by the peace 2106
officer. The commissioner shall, after notice and an opportunity for 2107
hearing, which shall be conducted in accordance with chapter 54, 2108
suspend the safe boating certificate, right to operate a vessel that 2109
requires a safe boating certificate for operation or certificate of personal 2110
watercraft operation of such person for a period of up to ninety days, 2111
or, if such person has previously had such person's operating privilege 2112
suspended under this section, for a period up to one year. Each hearing 2113
conducted under this section shall be limited to a determination of the 2114
following issues: (1) Whether the peace officer had probable cause to 2115
arrest the person for operating a vessel while under the influence of 2116
intoxicating liquor or drugs, or both, or while such person has an 2117
elevated blood alcohol content; (2) whether such person was placed 2118
under arrest; (3) whether such person was operating the vessel; (4) 2119
whether the results of the analysis of the blood of such person indicate 2120
that such person had an elevated blood alcohol content, or there is 2121 Substitute Bill No. 6377
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substantial evidence to conclude that the person was operating a vessel 2122
under the influence of intoxicating liquor or any drug, or both; and (5) 2123
whether the blood sample was obtained in accordance with conditions 2124
for admissibility as set forth in section 15-140s. If, after such hearing, the 2125
commissioner finds on any issue in the negative, the commissioner shall 2126
not impose a suspension. The fees of any witness summoned to appear 2127
at the hearing shall be the same as provided by the general statutes for 2128
witnesses in criminal cases. 2129
(k) The provisions of this section shall apply with the same effect to 2130
the refusal by any person to submit to an additional chemical test as 2131
provided in [subdivision (5)] subparagraph (E) of subdivision (1) of 2132
subsection (a) of section 15-140r, as amended by this act. 2133
(l) The provisions of this section do not apply to any person whose 2134
physical condition is such that, according to competent medical advice, 2135
such test would be inadvisable. 2136
(m) The state shall pay the reasonable charges of any physician who, 2137
at the request of a [municipal police department] law enforcement unit, 2138
as defined in section 7-294a, takes a blood sample for purposes of a test 2139
under the provisions of this section. 2140
(n) For the purposes of this section, "elevated blood alcohol content" 2141
means: (1) A ratio of alcohol in the blood of such person that is eight-2142
hundredths of one per cent or more of alcohol, by weight, or (2) if such 2143
person is under twenty-one years of age, a ratio of alcohol in the blood 2144
of such person that is two-hundredths of one per cent or more of alcohol, 2145
by weight. 2146
(o) The commissioner may adopt regulations, in accordance with 2147
chapter 54, to implement the provisions of this section. 2148
(p) For purposes of this section and section 15-140r, as amended by 2149
this act, (1) "drug influence evaluation" means a twelve-part evaluation 2150
developed by the National Highway Traffic Safety Administration and 2151
the International Association of Chiefs of Police that is conducted by a 2152 Substitute Bill No. 6377
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drug recognition expert to determine the level of a person's impairment 2153
from the use of drugs and the drug category causing such impairment; 2154
(2) "drug recognition expert" means a person certified by the 2155
International Association of Chiefs of Police as having met all 2156
requirements of the International Drug Evaluation and Classification 2157
Program; and (3) "nontestimonial portion of a drug influence 2158
evaluation" means a drug influence evaluation conducted by a drug 2159
recognition expert that does not include a verbal interview with the 2160
subject. 2161
Sec. 45. Section 15-140r of the general statutes is repealed and the 2162
following is substituted in lieu thereof (Effective April 1, 2022): 2163
(a) (1) Except as provided in section 15-140s or subsection (d) of this 2164
section, in any criminal prosecution for the violation of section 15-132a, 2165
subsection (d) of section 15-133, section 15-140l or 15-140n or subsection 2166
(b) of section 53-206d, evidence respecting the amount of alcohol or drug 2167
in the defendant's blood or urine at the time of the alleged offense, as 2168
shown by a chemical [analysis] test of the defendant's breath, blood or 2169
urine shall be admissible and competent provided: [(1)] (A) The 2170
defendant was afforded a reasonable opportunity to telephone an 2171
attorney prior to the performance of the test and consented to the taking 2172
of the test upon which such analysis is made; [(2)] (B) a true copy of the 2173
report of the test result was mailed to or personally delivered to the 2174
defendant within twenty-four hours or by the end of the next regular 2175
business day, after such result was known, whichever is later; [(3)] (C) 2176
the test was performed by or at the direction of a certified law 2177
enforcement officer according to methods and with equipment 2178
approved by the Department of Emergency Services and Public 2179
Protection, and if a blood test was performed, it was performed on a 2180
blood sample taken by a person licensed to practice medicine and 2181
surgery in this state, a qualified laboratory technician, an emergency 2182
medical technician II or a registered nurse in accordance with the 2183
regulations adopted under subsection (b) of this section; [(4)] (D) the 2184
device used for such test was checked for accuracy in accordance with 2185 Substitute Bill No. 6377
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the regulations adopted under subsection (b) of this section; [(5)] (E) an 2186
additional chemical test of the same type was performed at least ten 2187
minutes after the initial test was performed or, if requested by the peace 2188
officer for reasonable cause, an additional chemical test of a different 2189
type was performed, including a test to detect the presence of a drug or 2190
drugs other than or in addition to alcohol, except that the results of the 2191
initial test shall not be inadmissible under this subsection if reasonable 2192
efforts were made to have such additional test performed in accordance 2193
with the conditions set forth in this subsection and (i) such additional 2194
test was not performed or was not performed within a reasonable time, 2195
or (ii) the results of such additional test are not admissible for failure to 2196
meet a condition set forth in this subsection; and [(6)] (F) evidence is 2197
presented that the test was commenced within two hours of operation 2198
of the vessel or expert testimony establishes the reliability of a test 2199
commenced beyond two hours of operation of the vessel. In any 2200
prosecution under this section, it shall be a rebuttable presumption that 2201
the results of such chemical analysis establish the ratio of alcohol in the 2202
blood of the defendant at the time of the alleged offense, except that if 2203
the results of the additional test indicate that the ratio of alcohol in the 2204
blood of such defendant is ten-hundredths of one per cent or less of 2205
alcohol, by weight, and is higher than the results of the first test, 2206
evidence shall be presented that demonstrates that the test results and 2207
the analysis thereof accurately indicate the blood alcohol content at the 2208
time of the alleged offense. 2209
(2) If a law enforcement officer who is a drug recognition expert 2210
conducts a drug influence evaluation, the officer's testimony concerning 2211
such evaluation shall be admissible and competent as evidence of the 2212
operation of a vessel while under the influence of liquor or any drug, or 2213
both under subdivision (1) of subsection (a) of this section. 2214
(b) The Commissioner of Emergency Services and Public Protection 2215
shall ascertain the reliability of each method and type of device offered 2216
for chemical testing and analysis of blood, of breath and of urine and 2217
certify those methods and types which the Commissioner of Emergency 2218 Substitute Bill No. 6377
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Services and Public Protection finds suitable for use in testing and 2219
analysis of blood, breath and urine, respectively, in this state. The 2220
Commissioner of Emergency Services and Public Protection, after 2221
consultation with the Commissioner of Public Health, shall adopt 2222
regulations, in accordance with chapter 54, governing the conduct of 2223
chemical tests, the operation and use of chemical test devices and the 2224
training and certification of operators of such devices and the drawing 2225
or obtaining of blood, breath or urine samples as the Commissioner of 2226
Emergency Services and Public Protection finds necessary to protect the 2227
health and safety of persons who submit to chemical tests and to insure 2228
reasonable accuracy in testing results. Such regulations shall not require 2229
recertification of a peace officer solely because such officer terminates 2230
such officer's employment with the law enforcement agency for which 2231
certification was originally issued and commences employment with 2232
another such agency. 2233
(c) If a person is charged with a violation of section 15-132a, 2234
subsection (d) of section 15-133 or section 15-140l or 15-140n, the charge 2235
may not be reduced, nolled or dismissed unless the prosecuting 2236
authority states in open court such prosecutor's reasons for the 2237
reduction, nolle or dismissal. 2238
(d) (1) In any criminal prosecution for a violation of section 15-132a, 2239
subsection (d) of section 15-133 or section 15-140l or 15-140n, evidence 2240
that the defendant refused to submit to a blood, breath or urine test or 2241
the nontestimonial portion of a drug influence evaluation requested in 2242
accordance with section 15-140q, as amended by this act, shall be 2243
admissible provided the requirements of subsection (a) of said section 2244
have been satisfied. If a case involving a violation of section 15-132a, 2245
subsection (d) of section 15-133 or section 15-140l or 15-140n is tried to a 2246
jury, the court shall instruct the jury as to any inference that may or may 2247
not be drawn from the defendant's refusal to submit to a blood, breath 2248
or urine test or evaluation. 2249
(2) In any prosecution for a violation of subdivision (1) of subsection 2250
(a) of this section, a drug recognition expert may testify as to his or her 2251 Substitute Bill No. 6377
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opinion or otherwise as to the significance of any symptoms of 2252
impairment or intoxication for which evidence has been admitted or on 2253
the condition that such evidence be introduced. 2254
(3) In any prosecution for a violation of subdivision (1) of subsection 2255
(a) of this section in which it is alleged that the defendant's operation of 2256
a vessel was impaired, in whole or in part, by consumption of cannabis, 2257
cannabis products or THC, the court may take judicial notice that the 2258
ingestion of THC (A) can impair a person's ability to operate a vessel; 2259
(B) can impair a person's motor function, reaction time, tracking ability, 2260
cognitive attention, decision-making, judgment, perception, peripheral 2261
vision, impulse control and memory; and (C) does not enhance a 2262
person's ability to safely operate a vessel. For the purposes of this 2263
subdivision, "cannabis" and "cannabis products" have the same meaning 2264
as provided in section 1 of this act and "THC" means 2265
tetrahydrocannabinol and any material, compound, mixture or 2266
preparation which contain their salts, isomers and salts of isomers, 2267
whenever the existence of such salts, isomers and salts of isomers is 2268
possible within the specific chemical designation, regardless of the 2269
source, except: (i) Dronabinol in sesame oil and encapsulated in a soft 2270
gelatin capsule in a federal Food and Drug Administration approved 2271
product, and (ii) any tetrahydrocannabinol product that has been 2272
approved by the federal Food and Drug Administration or successor 2273
agency to have a medical use and reclassified in any schedule of 2274
controlled substances or unscheduled by the federal Drug Enforcement 2275
Administration or successor agency. 2276
Sec. 46. Subsection (a) of section 21a-279 of the general statutes is 2277
repealed and the following is substituted in lieu thereof (Effective January 2278
1, 2022): 2279
(a) (1) Any person who possesses or has under such person's control 2280
any quantity of any controlled substance, except [less than one-half 2281
ounce of a cannabis-type substance] any quantity of cannabis or 2282
cannabis product, each as defined in section 1 of this act, and except as 2283 Substitute Bill No. 6377
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authorized in this chapter, shall be guilty of a class A misdemeanor. 2284
(2) For a second offense of subdivision (1) of this subsection, the court 2285
shall evaluate such person and, if the court determines such person is a 2286
drug-dependent person, the court may suspend prosecution of such 2287
person and order such person to undergo a substance abuse treatment 2288
program. 2289
(3) For any subsequent offense of subdivision (1) of this subsection, 2290
the court may find such person to be a persistent offender for possession 2291
of a controlled substance in accordance with section 53a-40. 2292
Sec. 47. Section 21a-279a of the general statutes is repealed and the 2293
following is substituted in lieu thereof (Effective January 1, 2022): 2294
(a) Any person twenty-one years of age or older may possess, use, 2295
gift without compensation or remuneration and otherwise consume 2296
cannabis and cannabis products, provided the amount of all such 2297
cannabis, including the amount contained in any cannabis product, does 2298
not exceed such consumer's possession limit of (1) six ounces of cannabis 2299
plant material, (2) an equivalent amount of cannabis product, or (3) an 2300
equivalent amount of a combination of cannabis and cannabis product. 2301
[(a)] (b) Any person under twenty-one years of age who possesses or 2302
has under [his] such person's control less than [one-half ounce of a 2303
cannabis-type substance, as defined in section 21a-240] (1) two and one-2304
half ounces of cannabis plant material, (2) an equivalent amount of 2305
cannabis product, or (3) an equivalent amount of a combination of 2306
cannabis and cannabis product, except as authorized in this chapter or 2307
chapter 420f, shall [(1)] (A) for a first offense, be fined one hundred fifty 2308
dollars, and [(2)] (B) for a subsequent offense, be fined not less than two 2309
hundred dollars or more than five hundred dollars. 2310
(c) The court shall evaluate any person who commits a second or 2311
subsequent offense of any provision of subsection (b) of this section and, 2312
if the court determines such person is a drug-dependent person, the 2313 Substitute Bill No. 6377
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court may suspend prosecution of such person and order such person 2314
to undergo a substance abuse treatment program. 2315
[(b)] (d) The law enforcement officer issuing a complaint for a 2316
violation of subsection [(a)] (b) of this section shall seize the [cannabis-2317
type substance] cannabis or cannabis product and cause such substance 2318
to be destroyed as contraband in accordance with law. 2319
[(c)] (e) Any person who, at separate times, has twice entered a plea 2320
of nolo contendere to, or been found guilty after trial of, a violation of 2321
subsection [(a)] (b) of this section shall, upon a subsequent plea of nolo 2322
contendere to, or finding of guilty of, a violation of said subsection, be 2323
referred for participation in a drug education program at such person's 2324
own expense. 2325
(f) Subsections (a) to (e), inclusive, of this section shall not apply to 2326
any person acting in the course of business under a cannabis-related 2327
license issued by the Department of Consumer Protection, by the 2328
Cannabis Control Commission or by any other municipal or state 2329
agency or to any person acting in the course of business providing bona 2330
fide services to a business operating under a cannabis-related license of 2331
any type and for whom the possession of cannabis or cannabis products 2332
in an amount greater than six ounces is a bona fide business activity or 2333
occupation. 2334
Sec. 48. (NEW) (Effective January 1, 2022) (a) Except as provided in 2335
subsection (c) of this section, the existence of any of the following 2336
circumstances shall not constitute, in whole or in part, probable cause 2337
or reasonable suspicion and shall not be used as a basis to support any 2338
stop or search of a person or motor vehicle: 2339
(1) The odor of cannabis or burnt cannabis; or 2340
(2) The possession of or the suspicion of possession of cannabis or 2341
cannabis product, unless such cannabis or cannabis product exceeds six 2342
ounces. 2343 Substitute Bill No. 6377
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(b) Any evidence discovered as a result of any stop or search 2344
conducted in violation of this section shall not be admissible in evidence 2345
in any trial, hearing or other proceeding in a court of this state. 2346
(c) A law enforcement official may not conduct a test for impairment 2347
based on the odor of cannabis or burnt cannabis unless such official has 2348
probable cause to believe the motor vehicle is being operated in an 2349
unsafe manner. 2350
Sec. 49. (NEW) (Effective October 1, 2021) Any person, except for a 2351
licensed veterinarian or person acting under the supervision, instruction 2352
or recommendation of a licensed veterinarian, who knowingly feeds or 2353
recklessly provides cannabis or a cannabis product to a domesticated 2354
animal shall be guilty of a class C misdemeanor. 2355
Sec. 50. (NEW) (Effective July 1, 2021) (a) No agency or political 2356
subdivision of the state may rely on a violation of federal law related to 2357
cannabis as a significant or substantial basis for taking an adverse action 2358
against a person. 2359
(b) It is the public policy of this state that contracts related to the 2360
operation of a cannabis establishment licensed in accordance with 2361
section 13 of this act are enforceable. The effect of the provisions of this 2362
subsection may not be limited by any contractual waiver, provision 2363
regarding choice of law, provision regarding conflicts of law or other 2364
manner of contractual provision or other agreement. 2365
(c) It is the public policy of this state that no contract entered into by 2366
a licensed cannabis establishment or its agents as authorized in 2367
accordance with a valid license, or by those who allow property to be 2368
used by a cannabis establishment, its employees, as defined in section 2369
56 of this act, or its agents as authorized in accordance with a valid 2370
license, shall be unenforceable on the basis that cultivating, obtaining, 2371
manufacturing, distributing, dispensing, transporting, selling, 2372
possessing or using cannabis is prohibited by federal law. The effect of 2373
the provisions of this subsection may not be limited by any contractual 2374 Substitute Bill No. 6377
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waiver, provision regarding choice of law, provision regarding conflicts 2375
of law or other manner of contractual provision or other agreement. 2376
(d) No law enforcement officer employed by an agency that receives 2377
state or local government funds shall expend state or local resources, 2378
including the officer's time, to effect any arrest or seizure of cannabis, or 2379
conduct any investigation, on the basis of activity the officer believes 2380
complies with the provisions of sections 1 to 60, inclusive, of this act, but 2381
constitutes a violation of federal law. 2382
(e) An officer may not expend state or local resources, including the 2383
officer's time, to provide any information or logistical support related to 2384
such activity to any federal law enforcement authority, prosecuting 2385
entity or immigration authority. 2386
Sec. 51. (NEW) (Effective January 1, 2022) Any drug paraphernalia, as 2387
defined in section 21a-240 of the general statutes, or other property 2388
relating to cannabis or cannabis product held by the Commissioner of 2389
Consumer Protection pursuant to section 21a-263 of the general statutes, 2390
a law enforcement agency, or court official that was seized from a 2391
consumer before the effective date of this section in connection with 2392
suspected possession or control of cannabis or cannabis product in 2393
violation of the provisions of subsection (a) of section 21a-279a of the 2394
general statutes, as amended by this act, shall be returned to the 2395
consumer not later than one hundred eighty days of the effective date 2396
of this section, provided no return of cannabis or cannabis products 2397
exceeds six ounces, as permitted under section 21a-279a of the general 2398
statutes, as amended by this act. 2399
Sec. 52. (NEW) (Effective January 1, 2022) Notwithstanding any 2400
provision of chapter 420b of the general statutes, a consumer may 2401
manufacture, possess, or purchase paraphernalia, as defined in section 2402
21a-240 of the general statutes, related to cannabis or gift, distribute or 2403
sell such paraphernalia to another consumer. 2404
Sec. 53. (NEW) (Effective January 1, 2022) Any consumer may gift 2405 Substitute Bill No. 6377
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cannabis or cannabis products to another consumer, witho ut 2406
compensation of any kind, provided such other consumer may possess 2407
such cannabis or cannabis products and such gift is not part of a 2408
commercial transaction. 2409
Sec. 54. (NEW) (Effective January 1, 2022) (a) Use or possession of 2410
cannabis or cannabis products by a person that does not violate section 2411
21a-279 or section 21a-279a of the general statutes, as amended by this 2412
act, or chapter 420f of the general statutes shall not be grounds for 2413
revocation of such person's parole, special parole or probation. 2414
(b) Notwithstanding the provisions of subsection (a) of this section, if 2415
a person's conditions of parole, special parole or probation include a 2416
finding that such person is a drug-dependent person and a condition 2417
that such person not use or possess cannabis or cannabis products, use 2418
or possession of cannabis or cannabis products may be grounds for 2419
revocation of parole, special parole or probation. 2420
(c) No condition of parole, special parole or probation shall prohibit 2421
a person from employment in any cannabis establishment or cannabis-2422
related business without a finding, based on clear and convincing 2423
evidence, that such employment poses a substantial risk of the person's 2424
recidivism or reoffense or a substantial obstacle to the person's recovery 2425
from drug dependency. 2426
Sec. 55. (NEW) (Effective July 1, 2022) Any cannabis establishment 2427
licensee or any servant or agent of a licensee who sells or delivers 2428
cannabis or cannabis products to any person under twenty one years of 2429
age shall be fined not more than one thousand dollars or imprisoned not 2430
more than one year, or both. 2431
Sec. 56. (NEW) (Effective January 1, 2022) (a) As used in this section: 2432
(1) "Backer" means any person with a direct or indirect financial 2433
interest in a cannabis establishment. "Backer" does not include a person 2434
with an investment interest in a cannabis establishment, provided the 2435 Substitute Bill No. 6377
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interest held by such person and such person's coworkers, employees, 2436
spouse, parent or child, in the aggregate, does not exceed five per cent 2437
of the total ownership or interest rights in such cannabis establishment 2438
and such person does not participate directly or indirectly in the control, 2439
management or operation of the cannabis establishment; 2440
(2) "Employee" means any person who is not a backer or key 2441
employee but is a member of the board of a company with an ownership 2442
interest in a cannabis establishment, or any person employed by a 2443
cannabis establishment or who otherwise has access to such 2444
establishment or the vehicles used to transport cannabis or cannabis 2445
products, including, but not limited to, an independent contractor who 2446
has routine access to the premises of such establishment or to the 2447
cannabis or cannabis products handled by such establishment; and 2448
(3) "Key employee" means an individual with the following 2449
management position or an equivalent title within a cannabis 2450
establishment: (A) President or chief officer, who is the top ranking 2451
individual at the cannabis establishment and is responsible for all staff 2452
and overall direction of business operations; (B) financial manager, who 2453
is the individual that reports to the president or chief officer who is 2454
generally responsible for oversight of the financial operations of the 2455
cannabis licensee, including, but not limited to, revenue generation, 2456
distributions, tax compliance and budget implementation; or (C) 2457
compliance manager, who is the individual that reports to the president 2458
or chief officer and who is generally responsible for ensuring the 2459
cannabis establishment complies with all laws, regulations and 2460
requirements related to the operation of the business establishment. 2461
(b) A cannabis establishment issued a license pursuant to section 13 2462
of this act or an agent or employee of such licensee may require any 2463
person whose age is in question to have such person's photograph be 2464
taken by, and a photocopy of such person's driver's license or identity 2465
card issued in accordance with the provisions of section 1-1h of the 2466
general statutes be made by, such licensee, agent or employee as a 2467
condition of selling or delivering cannabis or cannabis products to such 2468 Substitute Bill No. 6377
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person. 2469
(c) No licensee or agent or employee of a licensee shall use a 2470
photograph taken or a photocopy made pursuant to subsection (b) of 2471
this section for a purpose other than the purpose specified in said 2472
subsection. 2473
(d) No licensee or agent or employee of a licensee shall sell or 2474
otherwise disseminate a photograph taken or a photocopy made 2475
pursuant to subsection (b) of this section, or any information derived 2476
from such photocopy, to any third party for any purpose including, but 2477
not limited to, any marketing, advertising or promotional activities, 2478
except that a licensee or an agent or employee of a licensee may release 2479
such photograph, photocopy or information pursuant to a court order. 2480
(e) In any prosecution of a licensee or an agent or employee of a 2481
licensee for selling or delivering cannabis or cannabis products to a 2482
person under twenty one years of age in violation of this section or 2483
section 57 or 59 of this act, it shall be an affirmative defense that such 2484
licensee, agent or employee sold or delivered cannabis or cannabis 2485
products to such minor in good faith and in reasonable reliance upon 2486
the identification presented by such person and, pursuant to subsection 2487
(b) of this section, photographed the person and made a photocopy of 2488
such identification. In support of such defense, such licensee, agent or 2489
employee may introduce evidence of such photograph and photocopy. 2490
(f) The Commissioner of Consumer Protection may require a 2491
cannabis establishment to use an online age verification system. 2492
Sec. 57. (NEW) (Effective January 1, 2022) Any person who induces any 2493
person under twenty one years of age to procure cannabis or cannabis 2494
products from any person licensed to sell such cannabis products shall 2495
be fined not more than one thousand dollars or imprisoned not more 2496
than one year or both. The provisions of this section shall not apply to 2497
any such inducement in furtherance of an official investigation or 2498
enforcement activity conducted by a law enforcement agency. 2499 Substitute Bill No. 6377
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Sec. 58. (NEW) (Effective January 1, 2022) (a) Each person who attains 2500
the age of twenty-one years and has a motor vehicle operator's license 2501
or identity card issued in accordance with the provisions of section 1-1h 2502
of the general statutes, containing a full-face photograph of such person, 2503
may use, and each licensee may accept, such license as legal proof of the 2504
age of the person for the purposes of section 56 of this act. 2505
(b) Any person who, for the purpose of procuring cannabis or 2506
cannabis products, misrepresents his or her age or uses or exhibits an 2507
operator's license belonging to any other person shall, on a first offense, 2508
be fined not more than two hundred fifty dollars and on a subsequent 2509
offense, be guilty of a class D misdemeanor. 2510
(c) Notwithstanding subsection (b) of this section, an individual who 2511
is employed or contracted directly or indirectly by a state agency to 2512
purchase cannabis or cannabis products for the purposes of testing the 2513
age verification and product controls of cannabis retailers shall not have 2514
violated the law or be fined or imprisoned. 2515
Sec. 59. (NEW) (Effective January 1, 2022) No cannabis retailer or such 2516
retailer's employee, as defined in section 56 of this act, or agents shall 2517
permit any person under twenty one years of age to loiter with the intent 2518
to purchase or consume unlawfully on the retailer's premises where 2519
cannabis or cannabis products are kept for sale. A first violation of this 2520
section shall be an infraction with a penalty not to exceed one thousand 2521
dollars and a subsequent violation of this section shall be a class B 2522
misdemeanor. This section shall not apply to any employee at a 2523
cannabis establishment who is eighteen to twenty years of age. 2524
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 Substitute Bill No. 6377
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Sec. 6 from passage New section
Sec. 7 from passage New section
Sec. 8 from passage New section
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 July 1, 2022 54-142d
Sec. 34 July 1, 2022 New section
Sec. 35 from passage 21a-408s
Sec. 36 October 1, 2021 New section
Sec. 37 October 1, 2021 New section
Sec. 38 July 1, 2021 New section
Sec. 39 April 1, 2022 14-227a(a) to (e)
Sec. 40 April 1, 2022 14-227b
Sec. 41 April 1, 2022 14-227c
Sec. 42 April 1, 2022 14-44k(c)
Sec. 43 July 1, 2021 New section
Sec. 44 April 1, 2022 15-140q
Sec. 45 April 1, 2022 15-140r Substitute Bill No. 6377
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Sec. 46 January 1, 2022 21a-279(a)
Sec. 47 January 1, 2022 21a-279a
Sec. 48 January 1, 2022 New section
Sec. 49 October 1, 2021 New section
Sec. 50 July 1, 2021 New section
Sec. 51 January 1, 2022 New section
Sec. 52 January 1, 2022 New section
Sec. 53 January 1, 2022 New section
Sec. 54 January 1, 2022 New section
Sec. 55 July 1, 2022 New section
Sec. 56 January 1, 2022 New section
Sec. 57 January 1, 2022 New section
Sec. 58 January 1, 2022 New section
Sec. 59 January 1, 2022 New section
Statement of Legislative Commissioners:
In Section 1, a definition of "Cannabis Control Commission" was added
for consistency with standard drafting conventions; Section 1(5) was
rewritten for statutory consistency; Section 1(13) was rewritten for
clarity; Section 1(16) was rewritten for accuracy; Section 1(18) was
rewritten for clarity; in Section 2(a), the first sentence was rewritten for
clarity; in Section 2(a)(3), "this section, sections 3 to 33, inclusive, or this
act" was changed to "13 of this act" for accuracy; in Section 2(a)(4), "and
sections 3 to 32, inclusive, of this act" was deleted for accuracy; in Section
3(b), "clearly" was deleted for consistency with standard drafting
conventions; Section 4 was rewritten for clarity and accuracy; in Section
6, "statutory enactments, amendments and repeals" was changed to
"legislation" for consistency with standard drafting conventions; in
Section 7, "such study" was changed to "a study pursuant to section 4 of
this act" for accuracy and clarity; Section 8(a) was rewritten for clarity;
in Section 9(a), "sections 12, 13, 15 and 16" was changed to "sections 13,
15, 16 and 23" for accuracy; Section 9(c) was rewritten for accuracy;
Section 10 was rewritten for accuracy; in Section 13, the first sentence
was rewritten for clarity; in Section 13(e)(1), "pursuant to section 18 of
this act" and "pursuant to section 5 of this act" were added for clarity;
Section 13(e)(3) and (e)(4) were rewritten for clarity; in Section
13(f)(2)(A), the last two sentences were rewritten for clarity and
consistency with standard drafting conventions; Section 13(f)(2)(B) was
rewritten for clarity; in Section 13(h), "and solicit its recommendations"
was deleted for clarity and consistency with standard drafting
conventions; Section 15 was rewritten for clarity; in Section 16, "said Substitute Bill No. 6377
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sections" was changed to "section 13" for accuracy; in Section 18(3) was
rewritten for clarity; in Section 20(a), "imposed under section 21 of this
act" was added after "surcharges" for clarity and the last sentence was
rewritten for clarity; in Section 20(b), "16" was deleted for accuracy;
Section 21 was rewritten for clarity; Section 24 was rewritten for clarity
and accuracy; in Section 29(i), "1 to 33" was changed to "13 to 15" for
accuracy; in Section 37, "as defined in section 36 of this act" was deleted
for accuracy and consistency with standard drafting conventions; in
Section 47(a), "gift without compensation, remuneration, or any manner
of relationship to a commercial transaction" was changed to "gift
without compensation or remuneration" for clarity and consistency with
standard drafting conventions; Section 47(b), "as provided in subsection
(g) of this section" was deleted for accuracy; Section 47(c) was rewritten
for clarity and accuracy; in Sections 47(d) and 47(e), "(c) or (d)" were
deleted for accuracy; in Section 50(b), "this section" was changed to
"section 13 of this act" for accuracy; Section 50(d) was rewritten for
clarity; in Section 56(b), "this chapter" was changed to "section 13 of this
act" for accuracy; and Section 58(c) was rewritten for clarity and
consistency with standard drafting conventions.
LAB Joint Favorable Subst.