Researcher: JM Page 1 4/15/21
OLR Bill Analysis
sHB 6377
AN ACT CONCERNING LABOR PEACE AGREEMENTS AND A
MODERN AND EQUITABLE CANNABIS WORKFORCE.
TABLE OF CONTENTS:
SUMMARY:
§ 1 — DEFINITIONS
Defines numerous terms including cannabis, cannabis establishment and business,
cannabis product, and labor peace agreement
§ 2 — DECD WORKFORCE TRAINING AND SMALL BUSINESS
GRANTS
Appropriates $5 million annually from the General Fund to DECD for FY 22-FY 26 for
(1) workforce training program grants for residents with adverse criminal history related
to cannabis, (2) grants and loans for new small cannabis businesses, and (3) grants and
loans to municipalities and community development organizations for rehabilitating
facilities for cannabis equity applicants; restricts the funding to 12 towns for the initial
five years
§ 3 — EMPLOYMENT PROTECTIO NS
Bars employers from (1) prohibiting the possession, use, or other consumption of
cannabis in the course of employment unless certain conditions are met and (2)
discriminating against an employee for using cannabis outside employment; exempts any
position or condition of employment governed by federal law that preempts this provision
§§ 4-7 — CANNABIS EQUITY TASK FORCE
Creates a task force to make recommendations to the governor and General Assembly
regarding the equity relevant to the state cannabis industry; includes conflict of interest
provisions for task force members; requires the task force to issue a report that includes
recommendations on qualifying criteria for “equity applicants” for licenses; establishes a
task force budget
§§ 8, 9 & 12 — CANNABIS CONTROL COM MISSION
Establishes the commission as an independent agency with regulatory authority over
cannabis for non-medical use; authorizes it to hire staff; requires it to establish licenses
§§ 10, 11 & 16 — INTERACTION WITH MED ICAL MARIJUANA LAW
Requires its provisions to prevail over conflicting provisions of medical marijuana law;
prohibits commission licensees from holding themselves out as medical marijuana
providers unless they obtain that license; temporarily prohibits the commission from
considering a medical marijuana provider’s application for a license
§§ 1, 13 & 15 — COMMISSION LICENSES
Requires the commission to establish, issue, and regulate licenses authorizing various
aspects of cannabis cultivation, production, and sale; creates qualifications for licensure 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 2 4/15/21
as an equity applicant; creates a microbusiness license; authorizes the commission to
create additional licenses in the future; requires the commission to adopt regulations
§ 14 — LEGALIZATION OF HOME -GROWN CANNABIS PLANT S
Allows anyone age 21 or older to possess and cultivate certain amounts of cannabis at
their primary residence without arrest, prosecution, or any denial of a right or privilege
§ 17 — LABOR PEACE AGREEMEN TS
Requires labor peace agreements for each cannabis establishment in order to maintain a
license
§§ 18 & 19 — OFFICE OF JUSTICE REINVESTMENT (OJR)
Requires the establishment of the Office of Justice Reinvestment; authorizes it to hire staff;
specifies its oversight powers, including over grants provided under the bill; requires state
agencies to delegate powers to the office for it to carry out its duties; authorizes OJR to
request and compel documents for an investigation
§ 20 — CANNABIS CONTROL COMMISSION OPERATION AL TRUST
FUND
Establishes the Cannabis Control Commission Operational Trust Fund; requires licensing
fees and sales tax revenue to be deposited in the fund; specifies how trust fund money must
be used; requires at least 10% of the trust’s funds to be spent to support workforce
development programs
§ 21 — CANNABIS TAXES
Establishes a 10% sales tax surcharge on cannabis sales; allows municipalities to impose
a municipal sales tax of up to 5%; establishes a restorative justice tax on cannabis
businesses equal to 2% of their gross revenue over $1 million and 10% on gross revenue
over $10 million
§ 22 — MUNICIPAL LIMITATIONS
Prohibits municipalities from unconditionally prohibiting the operation of cannabis
establishments; permits municipalities to regulate zoning, licensing, hours of operation,
and other aspects as long as it is not a greater burden than that imposed on alcohol
businesses
§ 23 — INTERSTATE COMPACT FOR CANNABIS COMMERCE
Requires the governor to invite other jurisdictions with legal cannabis to enter an
interstate or inter-jurisdictional compact that provides for well-regulated interstate and
interjurisdictional commerce in cannabis; requires the governor to seek agreement from
federal agencies that regulate commerce to not interfere with cannabis commerce
conducted under a compact
§ 24 — CONFLICTS OF INTEREST
Prohibits certain government employees and officials, including commissioners on the
Cannabis Control Commission, from having any financial or managerial interest in a
licensed cannabis establishment; prohibits the same officials from receiving commissions,
profits, gifts, promises of future employment, and other enticements
§ 25 — MUNICIPAL CONDITIONS
Prohibits towns and local officials from conditioning an official action, or accepting a
donation, from a cannabis establishment or an individual that applied for a license; bans
a town from entering into a local host agreement with a cannabis establishment or an
individual applying for a license that violates the bill, either directly or indirectly 2021HB-06377-R000462-BA.DOCX
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§ 26 — MUNICIPAL ELIGIBILITY FOR CANNABIS WORKF ORCE AND
ECONOMIC DEVELOPMENT FUNDING
Requires municipalities to adopt the task force’s findings in order to be eligible for grants
and loans under the bill
§ 27 — UCONN RESEARCH PARTN ERSHIP
Requires the commission to consult with UConn regarding a cannabis business sector
research partnership
§ 28 — PROTECTION OF PARENTAL RIGHTS
Provides that a parent, grandparent, or guardian cannot face (1) a child welfare or family
court action or (2) an adverse finding regarding any right of privilege in a proceeding, if
it is solely or primarily based on the presence of cannabis traces in the person’s system,
conduct related to cannabis use, or participation in a cannabis-related business that the
bill makes legal
§ 29 — EDUCATIONAL INSTITUTIONS AND STUDENTS
Requires any educational institution receiving public funds or subject to state regulations
to revise and implement student disciplinary policies to conform to the bill’s criteria;
prohibits disciplinary policies from barring student or school involvement in a criminal
investigation; prohibits using out-of-school suspension for more than 10 days to discipline
a student found to illegally possess cannabis on school premises; protects financial aid or
student loan recipients from losing their eligibility, rights, privileges, or options because
of cannabis-related activity the bill allows; provides certain protections for people legally
living in student housing for cannabis-related activity the bill allows; allows a student
subjected to school discipline in violation of the bill’s protections to bring a lawsuit
§ 30 — HOUSING
Makes it illegal to refuse to rent, lease, license, or sell any housing based on a person’s
prior cannabis-related charge or conviction or involvement in the lawful cannabis
business sector; exempts certain types of lodging, such as (1) sober living or other
therapeutic housing and (2) temporary lodgings, including hotels, motels, camps, and
private homes
§ 31 — FEDERALLY ASSISTED HOUSING
Makes it illegal to refuse to rent, lease, license or otherwise make unavailable any unit of
housing based on a person’s cannabis-related charge or arrest without conviction or
substantial independent evidence; places requirements on federally-assisted housing
including to notify the commission and the OJR when there are denials or evictions based
on lawful cannabis activity; requires the attorney general to promptly take reasonable
remedial and corrective measures, including seeking equitable and injunctive relief, if a
review identifies a pattern of disparate racial impact or intentional discrimination based
on lawful cannabis activity
§ 32 — TRIBAL SOVEREIGNTY
States the bill must not be interpreted to infringe on tribal sovereignty to establish laws,
regulations, or ordinances or to govern and regulate matters of public policy within the
tribal boundaries; requires that lawful tribe-certified cannabis operations be considered
licensed entities for the purpose of commerce between cannabis businesses
§§ 33 & 34 — CRIMINAL RECORD ERAS URE
Allows anyone convicted on or after October 1, 2015, for possessing or possessing with
intent to sell six ounces or less of cannabis to file a court petition to erase the related
records; provides for automatic erasure of records for older convictions for possessing
less than four ounces of cannabis or any quantity of non-narcotic or non-hallucinogenic 2021HB-06377-R000462-BA.DOCX
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drugs; makes various changes to existing procedures to erase records for any
decriminalized offense
§ 35 — CANNABIS LABORATORIE S
Authorizes cannabis laboratories and their employees to obtain and test cannabis from
any source and makes related changes
§§ 36 & 37 — CANNABIS USE IN MOTOR VEHICLES
Makes it a (1) class C misdemeanor to smoke, otherwise inhale, or ingest cannabis while
driving a motor vehicle and (2) class D misdemeanor to smoke cannabis in a motor
vehicle
§ 38 — DRUG RECOGNITION EXP ERTS AND ADVANCED RO ADSIDE
IMPAIRED DRIVING ENFORCEMENT
Requires POST and DOT to determine the number of drug recognition experts needed,
requires certain officers to be trained in advanced roadside impaired driving enforcement,
and requires related training plans
§ 39 — DRIVING UNDER THE INFLUENCE (DUI)
Modifies the state’s DUI law, including allowing drug influence evaluations to be
admitted as evidence, allowing courts to take judicial notice of THC’s effects, and
providing immunity to people who draw blood at a police officer’s direction
§ 40 — ADMINISTRATIVE PER SE LICENSE SUSPENSION PROCESS
Makes changes to the administrative per se process, including (1) expanding it to include
procedures for imposing penalties on drivers without an elevated BAC but found to be
driving under the influence based on behavioral impairment evidence and (2) applying the
existing per se process to operators who refuse the nontestimonial portion of a drug
influence evaluation
§ 41 — PROCEDURES FOR ACCID ENTS RESULTING IN DEATH OR
SERIOUS INJURY
Modifies intoxication testing procedures for accidents resulting in death or serious injury,
including by requiring drug influence evaluations of surviving operators
§ 42 — COMMERCIAL VEHICLE D RIVING DISQUALIFICATION
Extends existing commercial motor vehicle driving disqualification penalties to drivers
who refused a drug influence evaluation or drove under the influence of alcohol, drugs, or
both
§ 43 — EDUCATIONAL MATERIAL S ON DRE PROGRAM AND DRUG
INFLUENCE EVALUATION S
Requires the Traffic Safety Resource Prosecutor to develop educational materials and
programs about the DRE program and drug influence evaluations
§ 44 — ADMINISTRATIVE PENAL TIES FOR BOATING UNDER THE
INFLUENCE
Makes changes to DEEP’s administrative sanctions process for boating under the
influence that are substantially similar to the bill’s changes to DMV’s administrative per
se process
§ 45 — BOATING UNDER THE INFLUENCE 2021HB-06377-R000462-BA.DOCX
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Makes substantially similar changes to the boating under the influence law as those the
bill makes to the DUI law, such as allowing DREs to testify in boating under the influence
cases
§§ 46, 47 & 53 — CANNABIS POSSESSION, USE, AND GIFTS
Allows people age 21 or older to possess or use cannabis or gift it to other such people, up
to a six-ounce possession limit; establishes penalties for people under age 21 who possess
up to 2.5 ounces, similar to existing penalties for possessing up to 0.5 ounce
§ 48 — SEARCHES AND MOTOR V EHICLE STOPS
Limits when cannabis odor or possession can justify a search or motor vehicle stop
§ 49 — DOMESTICATED ANIMALS
Establishes penalties for feeding cannabis to domesticated animals in some circumstances
§ 50 — CONTRACT ENFORCEABIL ITY AND LAW ENFORCEM ENT
RESOURCES
Prohibits the state or political subdivisions from taking adverse actions substantially
based on cannabis-related federal law violations; makes it the state’s public policy that
contracts by cannabis establishments are enforceable; and prohibits law enforcement
from spending time or resources on cannabis-related federal violations
§ 51 — RETURN OF SEIZED PROPERTY
Requires the return of drug paraphernalia or other cannabis-related products seized from
a consumer for a suspected violation of the law on cannabis possession
§ 52 — CANNABIS PARAPHERNAL IA
Allows consumers to manufacture, possess, or purchase cannabis-related paraphernalia
or gift, distribute, or sell it to other consumers
§ 54 — PAROLE, SPECIAL PAROLE, OR PROBATION
Limits when (1) cannabis possession or use can be grounds to revoke parole, special
parole, or probation and (2) conditions of parole, special parole, or probation can
prohibit employment in a cannabis-related business
§ 55 — PENALTIES FOR SALES TO UNDERAGE PERSONS
Establishes penalties for cannabis establishments and employees who sell to people under
age 21
§ 56 — PHOTO IDENTIFICATION
Allows cannabis establishments and employees to require customers to have their photos
taken or show IDs to prove their age and provides an affirmative defense for relying on
these documents; otherwise limits the use of these photos or information; allows DCP to
require cannabis establishments to use an online age verification system
§ 57 — PENALTIES FOR INDUCING UNDERAGE PERSONS TO BUY
CANNABIS
Establishes penalties for inducing someone under age 21 to buy cannabis
§ 58 — IDENTIFICATION USE AND PENALTIES FOR ATTEMPTED
PURCHASES BY UNDERAG E PERSONS
Allows driver’s licenses and non-driver ID cards to be used to prove age for buying
cannabis; establishes penalties for underage persons who misrepresent their age or use
someone else’s license in an attempt to buy cannabis 2021HB-06377-R000462-BA.DOCX
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§ 59 — PROHIBITION ON ALLOWING UNDERAGE PERSONS TO
LOITER AT CANNABIS RETAILERS
Establishes penalties for cannabis retailers or their agents or employees who allow
individuals under age 21 to loiter at the premises
COMMENT
BACKGROUND
SUMMARY:
This bill makes numerous changes to employment, licensing,
consumer, economic development, tax, criminal justice, and traffic
enforcement laws to establish a legal recreational cannabis consumer
and business sector.
The bill establishes an Equity Task Force to make recommendations
to the General Assembly and the governor, and a Cannabis Control
Commission to issue and regulate various cannabis licenses, including
equity licenses. It creates (1) a new workforce training and small
business grant program to help support new small cannabis businesses
in the state and (2) employment and housing protections related to
legal cannabis for adults.
The bill allows individuals age 21 or older (consumers) to possess
and use cannabis (marijuana) and cannabis products, subject to a six-
ounce possession limit. It allows for the erasure of criminal records for
those convicted of possessing small amounts of cannabis. It establishes
specific penalties for various actions, such as (1) individuals under age
21 possessing certain quantities of cannabis or attempting to purchase
it and (2) retailers selling cannabis to customers under age 21.
The bill modifies the state’s driving under the influence (DUI) and
boating under the influence laws and the related administrative
sanction processes to enhance enforcement of those who are drug
impaired but do not have an elevated blood alcohol content (BAC). It
includes increasing the number of police officers trained in impaired
driving assessment techniques. It also makes it illegal to use cannabis
products while driving or smoke cannabis in a motor vehicle.
EFFECTIVE DATE: Various, see below 2021HB-06377-R000462-BA.DOCX
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§ 1 — DEFINITIONS
Defines numerous terms including cannabis, cannabis establishment and business,
cannabis product, and labor peace agreement
This bill defines numerous applicable terms, including the
following:
1. “cannabis” means all parts of a plant or species of the genus
cannabis whether growing or not, including its seeds and resin,
compounds, manufactures, salts, derivatives, mixtures and
preparations, and cannabinon, cannabinol, and cannabidiol; but
excluding the plant’s mature stalks, fiber produced from the
stalks, fiber, oil, or cake, sterilized seeds, and industrial hemp;
2. “cannabis establishment” or “cannabis business” means any
cannabis business licensed or seeking licensure by the Cannabis
Control Commission (CCC) created in the bill;
3. "cannabis product" means a cannabis concentrate or a product
that is comprised of cannabis or cannabis concentrates and other
ingredients and is intended for use or consumption;
4. “bona fide labor organization” means a labor union (a) that
represents employees in this state with regard to wages, hours,
and working conditions; (b) whose officers have been elected by
a secret ballot or otherwise in a manner consistent with federal
law; (c) that is free of domination or interference by any
employer; (d) that has received no improper assistance or
support from an employer; and (e) that is actively seeking to
represent cannabis workers in this state; and
5. “labor peace agreement” means an agreement between a
cannabis establishment and a bona fide labor organization that
protects the state’s interests by, at minimum, prohibiting the
labor organization from engaging in picketing, work stoppages
or boycotts against the cannabis establishment.
EFFECTIVE DATE: Upon passage 2021HB-06377-R000462-BA.DOCX
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§ 2 — DECD WORKFORCE TRAIN ING AND SMALL BUSINE SS
GRANTS
Appropriates $5 million annually from the General Fund to DECD for FY 22-FY 26 for
(1) workforce training program grants for residents with adverse criminal history related
to cannabis, (2) grants and loans for new small cannabis businesses, and (3) grants and
loans to municipalities and community development organizations for rehabilitating
facilities for cannabis equity applicants; restricts the funding to 12 towns for the initial
five years
The bill appropriates $5 million from the General Fund to the
Department of Economic and Community Development (DECD) for
each fiscal year from FY 22 through FY 26 for workforce training, small
business support, and facilities rehabilitation in 12 specific towns.
Specifically, the bill requires the funds to be used to:
1. provide grants for workforce training, education, and other
programs to the entities described below that prepare state
residents with an adverse criminal history related to cannabis to
participate in the lawful cannabis business sector and in
secondary industries that directly support it;
2. provide grants or low-interest loans in support of equity among
new small cannabis businesses in the state or on tribal lands
within the state that commit to engaging in substantial
workforce development, apprenticeships, or on-the-job training
and education for individuals with an adverse criminal history
related to cannabis;
3. provide grants and loans to municipalities, community
development corporations, and other public or private entities
for (a) rehabilitating disused or abandoned industrial and
commercial facilities and remediating brownfields that are
reserved for cannabis equity applicants and licensees (see § 13)
and (b) supporting environmental justice in communities of
color and low-income communities; and
4. administer the above grants, including hiring additional staff,
contracting with vendors, engaging in public outreach and
education, and funding any other measures that the DECD
commissioner deems necessary to ensure the grants and loans 2021HB-06377-R000462-BA.DOCX
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are provided in an equitable manner and comply with program
regulations.
For five years beginning with FY 22, the grants must be awarded
exclusively to individuals, organizations, or public municipal entities
located in Ansonia, Bloomfield, Bridgeport, Derby, Hartford, New
Britain, New Haven, New London, Norwalk, Torrington, Waterbury,
and Windham. After five years, grants may be awarded to individuals,
organizations, or public municipal entities in all municipalities.
The workforce training grants created in the bill may be directed
toward a range of organizations including workforce training
providers, educational institutions, labor unions, private employers,
nonprofit community organizations, local governments, and other
public and private entities that DECD identifies in consultation with
the Labor Department (DOL), the Black and Puerto Rican Caucus
(BPRC), the Governor's Workforce Council, and the Cannabis Control
Commission (hereafter, “commission”) and Office of Justice
Reinvestment (OJR) established under the bill.
The bill requires the DECD commissioner to adopt regulations,
issue guidance, and create forms and procedures as he deems
necessary to ensure that grants are distributed in an equitable and cost-
effective manner for their intended purpose.
EFFECTIVE DATE: Upon passage
§ 3 — EMPLOYMENT PROTECTIO NS
Bars employers from (1) prohibiting the possession, use, or other consumption of cannabis
in the course of employment unless certain conditions are met and (2) discriminating
against an employee for using cannabis outside employment; exempts any position or
condition of employment governed by federal law that preempts this provision
Starting one year after the bill’s passage, it prohibits employers
from:
1. barring employees from possessing, using, or consuming
cannabis in the course of employment unless the policy is (a) in
writing, (b) equally applicable to each employee, (c) available to
each employee before it becomes effective, (d) directly related to 2021HB-06377-R000462-BA.DOCX
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a clear business necessity, and (e) given to each prospective
employee when the employer makes an offer of employment to
the prospective employee;
2. requiring an employee or prospective employee, as a condition
of employment, to refrain from using cannabis outside
employment;
3. discriminating against an employee with respect to
compensation, terms, conditions, or privileges of employment
for using cannabis outside employment;
4. discriminating against an employee or prospective employee
based on their prior, current, or future involvement in lawful
cannabis commerce; and
5. retaliating against an employee or prospective employee for
alleging a violation of these prohibitions or assisting another
employee in an investigation of an alleged violation.
The bill exempts any position or condition of employment governed
by federal law that preempts these provisions regarding an employee's
possession, use, or other consumption of cannabis or involvement in
lawful cannabis commerce.
Under the bill, people aggrieved by violations of its protections may
bring a civil suit for compensatory damages and judicial enforcement,
plus attorney’s fees and costs.
EFFECTIVE DATE: Upon passage
§§ 4-7 — CANNABIS EQUITY TASK FORCE
Creates a task force to make recommendations to the governor and General Assembly
regarding the equity relevant to the state cannabis industry; includes conflict of interest
provisions for task force members; requires the task force to issue a report that includes
recommendations on qualifying criteria for “equity applicants” for licenses; establishes a
task force budget
Composition and Charge (§ 4)
The bill establishes the Cannabis Equity Task Force (hereafter “task
force”) to study and issue recommendations to the governor and 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 11 4/15/21
General Assembly regarding equity relevant to establishing and
regulating cannabis cultivation, manufacturing, and sales in the state.
The bill defines “equity” and “equitable” as regulations, policies,
programs, standards, processes, and other functions of government or
law intended to: (1) identify and remedy past and present patterns of
discrimination and disparities of race, ethnicity, gender, and sexual
orientation; (2) ensure that these patterns and disparities, whether
intentional or unintentional, are not continued; and (3) prevent the
emergence and persistence of foreseeable patterns of discrimination or
disparities of race, ethnicity, gender, and sexual orientation.
The seven-member task force consists of the DOL, DECD, and
Department of Consumer Protection (DCP) commissioners (or their
designees), plus four members appointed by the BPRC. The task force
members are referred to as commissioners and they elect a chairperson
from among themselves.
The appointing authority may remove any of the four appointed
commissioners at any time and must appoint a replacement within 14
days after the removal.
Under the bill, BPRC appointed commissioners (1) cannot have any
present or pending financial or managerial interest in any cannabis
business in this state and (2) must have entirely divested themselves of
any of these interests at least 14 days before accepting the
appointment.
The task force must establish rules for the task force’s meetings and
governance as it deems reasonable and necessary to carry out the
purpose described in the bill. There must be a quorum of at least four
commissioners present for any binding vote.
Task Force Report Findings (§ 5)
The bill requires the task force, within one year after the seventh
commissioner is appointed, to report detailed findings of fact to the
General Assembly and the governor regarding:
1. historical and present-day social, economic, and familial 2021HB-06377-R000462-BA.DOCX
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consequences of cannabis prohibition, the criminalization and
stigmatization of cannabis use, and related public policies;
2. historical and present-day structures, patterns, causes, and
consequences of intentional and unintentional racial
discrimination and racial disparities in the development,
application, and enforcement of cannabis prohibition and
related public policies;
3. foreseeable, long-term social, economic, and familial
consequences of unremedied past racial discrimination and
disparities arising from past and continued cannabis
prohibition, stigmatization, and criminalization;
4. existing patterns of racial discrimination and racial disparities in
access to entrepreneurship, employment, and other economic
benefits arising in the medical marijuana sector; and
5. any other matters it deems relevant and feasible in making its
recommendations.
Task Force Report Recommendations (§ 6)
The bill also requires the task force, when it issues the above report,
to issue specific recommendations (1) for the legislature and governor
to implement in order to create and regulate an equity-based and
lawful adult-use cannabis business sector; (2) to remedy and uproot
past and present patterns of racial and other forms of unlawful
discrimination arising from cannabis prohibition, stigmatization, and
criminalization; and (3) for the legislature and governor to improve
and achieve equity within the medical marijuana sector.
The bill requires the task force to issue additional recommendations
about the criteria and regulatory structure the commission should use
when defining “equity applicant” and “equity applicant ownership of
a cannabis business” for licensing purposes. Under the bill, an equity
applicant means an applicant for a commission-issued license who
must be given priority eligibility for licensure based on criteria and
qualifications established under the commission’s licensing standards 2021HB-06377-R000462-BA.DOCX
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(see § 13).
The task force must, at a minimum, recommend the following:
1. criteria to qualify as an equity applicant or business and the
benefits and responsibilities that should accompany this
classification;
2. limitations and controls to be imposed on the ownership,
transfer, and sale of businesses receiving these benefits;
3. amount of capital and number of cannabis businesses needed to
sustain an equitable cannabis business sector and workforce
composition in the state; and
4. amendments to cannabis-related criminal statutes, penalties,
and related collateral civil consequences of convictions.
Cannabis Equity Task Force Budget (§ 7)
The bill provides the task force with a budget of $500,000 allocated
from the General Fund (the bill does not specify the fiscal years to
which this allocation applies).
From these funds, the task force must contract with researchers and
research organizations and may hire staff and purchase goods and
services in order to carry out its duties and purposes including
developing, in a thorough and timely manner, the findings of fact and
recommendations the bill requires of the task force.
It also requires the task force, when selecting researchers and
research organizations, to prioritize hiring researchers and research
organizations (1) with substantial experience in qualitative and
quantitative research related to race and racial disparities and (2) that
are certified minority-owned businesses operating in the state. (The bill
does not specify from what authority a business must be certified
minority-owned in order to be prioritized.) The bill specifies this
provision must not be interpreted to limit the number or areas of
knowledge and expertise of researchers and research organizations 2021HB-06377-R000462-BA.DOCX
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that the task force may hire. The task force must supervise and manage
all hires made pursuant to this section.
The bill states that any moneys remaining after the task force
completes its duties must be retained in trust and remitted to the
commission to support the commission’s first year of operations.
EFFECTIVE DATE: Upon passage
§§ 8, 9 & 12 — CANNABIS CONTROL COM MISSION
Establishes the commission as an independent agency with regulatory authority over
cannabis for non-medical use; authorizes it to hire staff; requires it to establish licenses
Commissioners and Staff (§ 8)
The bill establishes the commission, composed of five
commissioners who must be appointed and seated within six months
after the task force issues its report and recommendations. The
commission members are the DOL, DCP, and DECD commissioners
(or their qualified designees), plus two members the BPRC appoints
(the bill does not specify what qualified means here).
The BPRC appointees have two-year renewable terms and a base
annual salary of at least $100,000. They may be removed for cause by
the BPRC at any time. The bill requires that any vacancy be filled
within 30 days.
The bill requires the commission to employ an executive director
and allows it to establish, alter, and remove subordinate offices within
the commission. It also allows the commission to hire staff, contract
with personnel and vendors, establish an operational budget, spend
moneys, communicate with the general public, and carry out all other
ordinary duties and activities of a regulatory agency.
The commission must establish rules for its own operations and
decision-making, but it cannot make any public policy decisions
without a properly convened quorum, which consists of at least three
commissioners.
Commission Powers (§ 9) 2021HB-06377-R000462-BA.DOCX
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The bill establishes the commission as an independent agency with
exclusive regulatory authority and oversight over all aspects of the
cultivation, production, distribution, transport, sale, and other
commerce in cannabis and cannabis products for nonpalliative and
nonmedical use, unless expressly provided under the bill. Under the
bill, cannabis is defined as cannabis-type substances (as described
above), as specified in existing law for the medical marijuana program.
The bill expressly states that its provisions do not prevent the
commission from cooperating with other departments, agencies, or
state or local authorities provided the commission does not delegate
final decision-making authority on any matter under its jurisdiction to
any authority or body outside of the commission and its subordinate
offices.
The bill allows the commission to adopt regulations to (1) establish a
system of cannabis business licenses; (2) investigate applicants,
licensees, and other relevant persons; (3) set standards; (4) set and
waive fees; (5) hold administrative hearings; and (6) impose discipline
and take other measures needed to establish a modern well-regulated
cannabis business sector, ensure equity in all aspects of the sector, and
protect public safety and public health related to cannabis use.
Furthermore, the commission must, as part of carrying out its
duties, adopt the task force’s findings of fact and seek to implement
the task force recommendations. The commission and the OJR, must
report every six months to the General Assembly and the governor on
the commission’s progress toward implement ing the
recommendations until all the recommendations are fulfilled. The
reports must be made available to the public.
Allowance for Prior Cannabis-Related Offenses (§ 12)
The bill prohibits the commission from adopting or implementing
any regulation or other requirement that prohibits individuals from
participating in or obtaining licensure in the lawful cannabis business
sector because of an arrest or conviction for a (1) cannabis-related
offense or (2) misdemeanor drug offense. 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 16 4/15/21
EFFECTIVE DATE: Upon passage
§§ 10, 11 & 16 — INTERACTION WITH MED ICAL MARIJUANA LAW
Requires its provisions to prevail over conflicting provisions of medical marijuana law;
prohibits commission licensees from holding themselves out as medical marijuana
providers unless they obtain that license; temporarily prohibits the commission from
considering a medical marijuana provider’s application for a license
The bill provides that if any of its provisions, or regulations adopted
under its authority, conflict with any provisions of the medical
marijuana law, the provisions of the bill prevail.
It also prohibits anyone licensed by the commission from holding
itself out as providing medical marijuana unless licensed by DCP
under the medical marijuana laws. The bill specifies that this does not
prohibit someone from holding both types of licenses.
Further, the bill temporarily prohibits the commission from
accepting an application for any type of license from someone who
owns or operates a licensed medical marijuana business, until OJR
determines that equity in ownership in the cannabis business sector
has been sustainably achieved.
EFFECTIVE DATE: Upon passage
§§ 1, 13 & 15 — COMMISSION LICENSES
Requires the commission to establish, issue, and regulate licenses authorizing various
aspects of cannabis cultivation, production, and sale; creates qualifications for licensure as
an equity applicant; creates a microbusiness license; authorizes the commission to create
additional licenses in the future; requires the commission to adopt regulations
The bill requires the commission, within one year after it is
established, to establish, issue, and regulate licenses for the following:
1. the cultivation and production of cannabis ( “cannabis
cultivation facility” means a facility licensed to cultivate,
prepare, and package cannabis and sell cannabis to cannabis
product manufacturing facilities, cannabis retailers, and other
cannabis cultivation facilities);
2. the manufacture of cannabis products intended for sale
(“cannabis product manufacturing facility” means a facility 2021HB-06377-R000462-BA.DOCX
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licensed to purchase cannabis; manufacture, prepare and
package cannabis products; and sell cannabis and cannabis
products to cannabis product manufacturing facilities and
cannabis retailers);
3. the retail sale of cannabis and cannabis products to consumers
(“cannabis retailer” means a person registered to (a) purchase
cannabis from cannabis cultivation facilities, (b) purchase
cannabis and cannabis products from cannabis produ ct
manufacturing facilities, and (c) sell cannabis and cannabis
products to consumers);
4. laboratories for testing cannabis under standards and guidelines
the commission establishes (“laboratory” means a laboratory in
the state licensed to analyze controlled substances as permitted
under state law);
5. businesses that deliver cannabis and cannabis products directly
to consumers at a residential address;
6. microbusinesses, (“cannabis microbusiness” means a vertically
integrated cannabis business with no more than 10,000 total
square feet of space dedicated to cultivating cannabis plants or
manufacturing cannabis products that is (a) permitted to
cultivate, process, and distribute cannabis and cannabis
products to licensed retailers and to deliver its own cannabis or
cannabis products directly to consumers under a single license,
and (b) eligible for approval as a social consumption
establishment); and
7. social consumption establishments and cannabis lounges
(“social consumption establishment” means a facility or part of
a facility that is (a) approved to sell cannabis or cannabis
products to consumers for on-premises consumption, except by
smoking, or (b) approved to allow consumers to bring cannabis
or cannabis products to the premises for on -premises
consumption, except by smoking, without the intent to sell,
distribute for compensation of any kind, or engage in any other 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 18 4/15/21
manner of commercial transaction involving cannabis or
cannabis products; a “cannabis lounge” is a type of social
consumption establishment approved to exclusively sell
cannabis or cannabis products for on-premises consumption,
except by smoking).
License Revocation (§ 13(d))
The bill authorizes the commission to revoke any of the above
license types upon a finding that it fails to improve equity within the
cannabis business sector, fails to be fiscally prudent, or endangers
public safety or health, as long as the license holders have reasonable
notice and an opportunity to appeal the decision under state law.
License Regulations (§ 13(c))
The bill requires the commission to adopt regulations for each of the
above licenses, set standards, and establish mechanisms necessary to
enforce the bill’s provisions, and to ensure equity, fiscal prudence,
public safety, and public health. This provision does not appear to
include equity licenses (§ 13 (e)) or as yet undetermined licenses the
commission may establish later (§ 13 (b)).
Equity Applicant Licenses (§ 13(e))
The bill requires the commission to establish eligibility criteria and
qualifications for equity applicant licenses. These must include people
who (1) were arrested for or convicted of a cannabis criminal offense or
(2) had a parent or sibling who was arrested or convicted of one. But, it
requires that the absence of such an arrest or conviction must not
automatically disqualify a person from eligibility for an equity
applicant license if other criteria and qualifications, as established by
the commission, are satisfied.
The bill allows the commission, in consultation with OJR, to
consider permanent residency in a neighborhood that meets the bill’s
requirements as an additional qualification for an equity applicant. The
commissioner may do so as long as the residency qualification is
compatible with the task force’s findings of fact and recommendations. 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 19 4/15/21
Under the possible permanent residency requirement, a
neighborhood, as defined by the commission, must meet at least three
of the following criteria:
1. median income below 80% of the state’s average median
household income;
2. unemployment rate at least 150% of the state’s rate;
3. uninsured rate for health insurance of at least 150% of the state’s
rate;
4. food stamp or SNAP (supplemental nutrition assistance plan)
rate at least 150% of the state’s rate;
5. poverty rate of at least 150% of the state’s rate;
6. disproportionately high rates of arrest, conviction, and
incarceration for cannabis possession; or
7. any other criteria and qualifications the commission identifies.
The bill allows the commission, consultation with OJR, to establish
other eligibility criteria for equity licenses not based on residency or
neighborhood, as long as they are still generally compatible with the
task force’s finding of fact and recommendations.
Licenses Issued in Two Phases (§ 13(f))
The bill also requires the commission, for all license types, to solicit
applications, issue licenses, and permit the start of operations in two
phases. Phase one is for equity applicants only (except as described
below); phase two is for regular applicants and begins one year after
the first equity applicant of the same license type begins operations.
The bill defines “operations” as the first date that a cannabis business
transaction authorized by a license takes place in the cannabis
establishment.
The bill allows DCP-licensed medical marijuana dispensaries that
are fully operational and in good standing with any state agency, 2021HB-06377-R000462-BA.DOCX
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including with the Department of Revenue Services, to seek licensure
under a cannabis retailer license and begin operations under that
license, simultaneous with equity applicants. The dispensaries must
have been in good standing for at least 12 months before January 1,
2021. Medical marijuana dispensaries that do not qualify as equity
applicants must seek licensure as regular applicants (for licenses other
than cannabis retailer licenses).
Furthermore, to be eligible for licensure simultaneous with the
equity applicants, a dispensary (1) must, as a condition of licensure,
purchase cannabis and cannabis products exclusively from licensed
equity applicants, whether they are cultivators, retailers,
manufacturers or microbusinesses, and (2) is prohibited from diverting
cannabis or cannabis products intended for medical or palliative care
to sale in the adult use market.
Consulting With OJR (§ 13(h))
The bill requires the commission to consult with OJR regarding
regulations, requirements, qualifications, standards, and application
review for all license types and for both equity applicants and regular
applicants.
Equity Applicant Regulations (§ 13(i))
The bill requires the commission to adopt regulations that (1) limit
changes or ownership transfers of businesses holding an equity
applicant license and (2) strictly limit the use of subsidiaries, holding,
and shell companies and other similar corporate vehicles in the equity
application process to preserve the bill’s equitable purposes and
prevent misuse of the equity application process. The regulations must
include (1) a 10-year prohibition on transferring or selling a business
licensed by an equity applicant to a person or business that does not
qualify as an equity applicant or licensee, and (2) a requirement to
repay for the previous 10 years all equity-based license fee waivers,
subsidies, grants, low-interest loans and other financial supports
provided by the state.
Cannabis Microbusiness License (§ 15) 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 21 4/15/21
The bill specifically requires that a cannabis microbusiness license
allow for, under a single microbusiness license, the (1) cultivation,
processing, manufacture and distribution of cannabis and cannabis
products to licensed retailers and (2) delivery of the microbusinesses'
cannabis and cannabis products directly to consumers. It authorizes
the holder of a cannabis microbusiness license to function in all these
capacities regardless of any requirements, standards, or restrictions the
commission can impose under its authority.
The bill (1) permits a licensed microbusiness to ask the commission
to operate as a social consumption establishment and (2) presumes it
eligible for approval if the social consumption establishment and the
microbusiness are reasonably related and integrated into a single
business operation sharing a single premises or adjacent premises,
under the control of the license holder.
Hearing for Possible Additional Licenses (§ 13(b))
The bill requires the commission to deliberate and hold public
hearings about establishing other types of licenses such as single-use
event licenses. Furthermore, the commission, after at least one public
hearing, may choose to issue and regulate additional license types if
they are (1) likely to support equity within the cannabis business
sector, (2) fiscally prudent, and (3) consistent with public safety and
health.
EFFECTIVE DATE: Upon passage
§ 14 — LEGALIZATION OF HOME -GROWN CANNABIS PLANT S
Allows anyone age 21 or older to possess and cultivate certain amounts of cannabis at
their primary residence without arrest, prosecution, or any denial of a right or privilege
One year after the bill becomes effective, it provides that anyone age
21 or older does not need a license and cannot be arrested, prosecuted,
penalized, sanctioned, disqualified, or denied any right or privilege, or
subject to seizure or forfeiture of assets for:
1. any cannabis produced by cannabis plants cultivated at the
person’s primary residence; or 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 22 4/15/21
2. possessing, cultivating, or processing up to six flowering plants
at any one time for personal use at his or her primary residence,
as the sole adult resident, or up to 12 flowering plants if the
premises is shared by two or more adults.
It is not clear if this section conflicts with § 47 that imposes an
individual possession limit of six ounces of cannabis and cannabis
products.
EFFECTIVE DATE: Upon passage
§ 17 — LABOR PEACE AGREEMEN TS
Requires labor peace agreements for each cannabis establishment in order to maintain a
license
Under the bill, in addition to any other licensure requirements it
establishes, the commission must require each cannabis establishment
license applicant to enter into, maintain, and abide by the terms of a
labor peace agreement. The bill requires that all labor peace
agreements contain a clause that the parties agree that final and
binding arbitration will be the exclusive remedy for any violation of
the agreement.
Furthermore, each applicant, whether for initial licenses or
renewals, must submit an attestation signed by the applicant and the
bona fide labor organization stating that the applicant meets the labor
peace agreement requirement. The bill states that the agreement is an
ongoing material condition of a license and a violation, established
exclusively through arbitration, may result in suspension, revocation,
or denial of the renewal of the license.
The bill also requires the commission to require that each applicant
for a cannabis cultivation or retail license whose operation entails
substantial construction or renovation (1) pay at least the construction
worker prevailing wage and (2) require the applicant to engage in a
good faith negotiation of a project labor agreement. Under the
prevailing wage law that the bill references, the prevailing wage rates
take effect for state or municipal projects that meet or exceed the
following cost thresholds: (1) at least $100,000 for renovation or repair 2021HB-06377-R000462-BA.DOCX
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and (2) at least $1 million for new construction.
EFFECTIVE DATE: Upon passage
§§ 18 & 19 — OFFICE OF JUSTICE REINVESTMENT (OJR)
Requires the establishment of the Office of Justice Reinvestment; authorizes it to hire staff;
specifies its oversight powers, including over grants provided under the bill; requires state
agencies to delegate powers to the office for it to carry out its duties; authorizes OJR to
request and compel documents for an investigation
The bill requires the commission to establish the OJR within six
months after the commission is established. It also requires the
commission to (1) hire staff, (2) authorize the OJR to hire staff, and (3)
provide funding and other resources for the office to:
1. advise the commission, legislature, and governor on all equity
matters under the commission's jurisdiction;
2. have quarterly meetings with the BPRC to provide (a) updates
on implementing the task force recommendations, the cannabis
business sector’s condition, and any other equity-related
matters and (b) any requests for legislation that OJR deems
reasonable;
3. oversee cannabis workforce grants, loans, and other financial
supports under the commission's jurisdiction (e.g., assessing
their equitable distribution, their use by recipients, and recipient
compliance with their terms);
4. investigate agreements between cannabis businesses and
municipal governments and refer them to the commission for
further review and action if they are contrary to the bill or any
related regulation; and
5. conduct research, engage in public outreach and education, and
carry out all other duties assigned to it by the commission.
Regarding the oversight of grants, loans, and other financial
support, the bill allows OJR to exercise any authority and powers
delegated to it by the commission, DOL, DCP, or DECD, and any other 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 24 4/15/21
state, local, or tribal authority in order to carry out its oversight duties.
(The bill does not specify what powers these agencies may delegate to
the OJR.).
Further, the bill requires, within 180 days after OJR is established,
the commission, DOL, DCP, and DECD to expressly delegate powers
to the OJR as necessary for it to carry out its duties, including duties
the commission subsequently assigns to it. The bill also authorizes the
commission and agencies to delegate additional power to, or enter into
cooperative agreements with, OJR, so it may carry out its duties in a
timely and efficient manner.
The bill authorizes OJR to request and compel the production of
documents, data, witnesses, and other investigatory materials from
other public entities and any private entity receiving a benefit or
license under the bill, but the information produced is not considered a
public record or open to public inspection.
EFFECTIVE DATE: Upon passage
§ 20 — CANNABIS CONTROL COM MISSION OPERATIONAL
TRUST FUND
Establishes the Cannabis Control Commission Operational Trust Fund; requires licensing
fees and sales tax revenue to be deposited in the fund; specifies how trust fund money
must be used; requires at least 10% of the trust’s funds to be spent to support workforce
development programs
The bill establishes the Cannabis Control Commission Operational
Trust Fund, held and administered by the commission, to receive 100%
of the licensing and other regulatory fees and all cannabis sales tax
surcharges. The bill requires that the fund be expended to support the
commission’s regulatory operations and supplement any funds
allocated from the General Fund. It requires the commission to allocate
at least 70% of the fund to support OJR and its functions.
Under the bill, the commission must spend at least 10% of the
fund’s revenue to support workforce development programs aimed at
increasing the number of qualified cannabis sector workers from
disproportionately impacted backgrounds, which may include
programs established in the bill. These allocations must not reduce the 2021HB-06377-R000462-BA.DOCX
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amount allocated to DECD for grants (in § 2) but must be used to
supplement that allocation.
EFFECTIVE DATE: Upon passage
§ 21 — CANNABIS TAXES
Establishes a 10% sales tax surcharge on cannabis sales; allows municipalities to impose a
municipal sales tax of up to 5%; establishes a restorative justice tax on cannabis
businesses equal to 2% of their gross revenue over $1 million and 10% on gross revenue
over $10 million
The bill establishes a 10% sales tax surcharge, in addition to the
general sales tax, on all cannabis and cannabis product sales
(presumably, DRS is responsible for collecting this tax). It also allows
any municipality to impose up to a 5% municipal cannabis sales tax on
sales of cannabis and cannabis products in the municipality, in
addition to the general sales tax and the sales tax surcharge. Any sales
to a medical marijuana patient by a licensed dispensary exclusively for
palliative care for a debilitating medical condition are exempt from the
surcharge, municipal sales tax, and the general state sales tax. (Under
current DRS practice, marijuana sold for palliative use by licensed
dispensaries is considered a natural or herbal drug or medicine and is
thus currently exempt as a nonprescription drug and medicine.)
The bill also establishes an additional restorative justice tax on
cannabis businesses equal to (1) 2% on their annual gross revenue
between $1 million and $10 million and (2) 10% on their annual gross
revenue over $10 million. The tax applies in addition to any other tax
on corporations or pass-through income. (Presumably, DRS must
collect the restorative justice tax.)
The bill requires DRS to adopt regulations, issue guidance, issue or
amend forms, and otherwise establish measures required to enact and
enforce these tax provisions in a timeline that is consistent with the
Cannabis Control Commission’s needs and requirements.
EFFECTIVE DATE: Upon passage
§ 22 — MUNICIPAL LIMITATIONS 2021HB-06377-R000462-BA.DOCX
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Prohibits municipalities from unconditionally prohibiting the operation of cannabis
establishments; permits municipalities to regulate zoning, licensing, hours of operation,
and other aspects as long as it is not a greater burden than that imposed on alcohol
businesses
The bill prohibits municipalities from unconditionally barring the
operation of cannabis establishments or businesses. It specifies that this
does not prevent municipalities from regulating the zoning, licensing,
operating hours, outward appearance, or other matters subject to
municipal jurisdiction of business establishments generally. But it
prohibits them from enacting any ordinance, regulation, license,
permit, fee, or tax that imposes a burden greater than what the
municipality imposes on a similarly sized business that manufactures,
distributes, or sells alcohol.
EFFECTIVE DATE: Upon passage
§ 23 — INTERSTATE COMPACT F OR CANNABIS COMMERCE
Requires the governor to invite other jurisdictions with legal cannabis to enter an
interstate or inter-jurisdictional compact that provides for well-regulated interstate and
interjurisdictional commerce in cannabis; requires the governor to seek agreement from
federal agencies that regulate commerce to not interfere with cannabis commerce
conducted under a compact
The bill requires the governor, within six months after the
commission is established, to invite other jurisdictions with legal
cannabis commerce to enter an interstate or inter-jurisdictional
compact that provides for a well -regulated interstate and
interjurisdictional commerce in cannabis. He must do so in
consultation with the commission and the OJR.
The governor must also take the necessary steps to secure
agreement from the federal agencies that regulate commerce to
withhold interference or interdiction of a well-regulated cannabis
commerce established through the compacts.
The bill requires the terms of the compact to be consistent with the
equity-related goals established by the commission and OJR.
EFFECTIVE DATE: Upon passage
§ 24 — CONFLICTS OF INTERES T 2021HB-06377-R000462-BA.DOCX
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Prohibits certain government employees and officials, including commissioners on the
Cannabis Control Commission, from having any financial or managerial interest in a
licensed cannabis establishment; prohibits the same officials from receiving commissions,
profits, gifts, promises of future employment, and other enticements
The bill prohibits certain government employees and officials from
having any financial or managerial interest in a cannabis establishment
licensed by the commission or under the medical marijuana laws, or in
any business whose principal source of revenue or market involves
providing goods or services specifically and directly to them. This
includes any direct or indirect interest, whether individually or as a
member of a partnership or shareholder of a corporation.
This ban applies to (1) commissioners on the commission during
their term of office and for one year after leaving office, (2) executive or
managerial employees of state or municipal government, (3) judges of
any court, (4) prosecutors, and (5) employees of a police department or
other law enforcement agency with jurisdiction over investigating and
enforcing cannabis-related crimes or crimes regarding controlled
substances. Under existing law, the state Code of Ethics for Public
Officials (CGS § 1-79 et seq) already prohibits individuals subject to it
(e.g., state employees) from having any financial interest in a business
that is in substantial conflict with their official duties.
The bill prohibits the same officials, for the duration of their public
employment or terms, from receiving any commission; profit;
gratuities; offer of future employment; partnership, ownership, or
other financially beneficial association; or gifts of any kind from any
person or cannabis establishment or cannabis business licensed under
the bill or the medical marijuana laws.
EFFECTIVE DATE: Upon passage
§ 25 — MUNICIPAL CONDITIONS
Prohibits towns and local officials from conditioning an official action, or accepting a
donation, from a cannabis establishment or an individual that applied for a license; bans a
town from entering into a local host agreement with a cannabis establishment or an
individual applying for a license that violates the bill, either directly or indirectly
The bill prohibits municipalities and local officials from
conditioning any official action, or accepting any donation, from a 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 28 4/15/21
cannabis establishment or an individual or corporation that has
applied for a license to open or operate a cannabis establishment in the
municipality or a neighboring municipality.
The bill also bans a municipality from negotiating or entering into a
local host agreement with a cannabis establishment or an individual or
corporation that has applied for a license to open or operate a cannabis
establishment in the town or a neighboring town that violates, directly
or indirectly, any of the bill’s provisions.
EFFECTIVE DATE: Upon passage
§ 26 — MUNICIPAL ELIGIBILITY FOR CANNABIS WORKF ORCE
AND ECONOMIC DEVELOP MENT FUNDING
Requires municipalities to adopt the task force’s findings in order to be eligible for grants
and loans under the bill
The bill conditions municipal eligibility for cannabis workforce and
economic development grants and loans, or other funds under the
jurisdiction of the commission, OJR, DOL, DCP, or DECD, on the
municipality first passing a resolution or ordinance that adopts the
task force’s findings and commits the municipality to implementing its
municipal recommendations.
EFFECTIVE DATE: Upon passage
§ 27 — UCONN RESEARCH PARTN ERSHIP
Requires the commission to consult with UConn regarding a cannabis business sector
research partnership
Within 60 days after the commission is formed, the bill requires the
commission to consult with UConn about entering a research
partnership to provide studies, research, training, and education to
support (1) equity in the cannabis business sector, (2) equity applicants
and licensees, and (3) equity in the cannabis workforce.
The commission must seek to enter into formal and informal
partnerships with UConn for up to 180 days and as needed thereafter.
EFFECTIVE DATE: Upon passage 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 29 4/15/21
§ 28 — PROTECTION OF PARENT AL RIGHTS
Provides that a parent, grandparent, or guardian cannot face (1) a child welfare or family
court action or (2) an adverse finding regarding any right of privilege in a proceeding, if it
is solely or primarily based on the presence of cannabis traces in the person’s system,
conduct related to cannabis use, or participation in a cannabis-related business that the
bill makes legal
The bill prohibits certain cannabis-related actions or conduct from
forming the sole or primary basis for (1) child welfare agency or family
or juvenile court actions or proceedings or (2) any adverse findings or
evidence or restriction of rights in adoption or fostering proceedings.
Under the bill, this prohibition applies to actions or proceedings for
anyone charged with the well-being of a child (e.g., a parent,
grandparent, guardian, or pregnant woman) based on (1) the presence
of cannabinoid components or metabolites in the person’s bodily
fluids, (2) conduct related to the person’s use of cannabis, or (3) the
person’s participation in cannabis-related business or other activities
made legal under the bill or other state or local authority.
EFFECTIVE DATE: Upon passage
§ 29 — EDUCATIONAL INSTITUT IONS AND STUDENTS
Requires any educational institution receiving public funds or subject to state regulations
to revise and implement student disciplinary policies to conform to the bill’s criteria;
prohibits disciplinary policies from barring student or school involvement in a criminal
investigation; prohibits using out-of-school suspension for more than 10 days to discipline
a student found to illegally possess cannabis on school premises; protects financial aid or
student loan recipients from losing their eligibility, rights, privileges, or options because of
cannabis-related activity the bill allows; provides certain protections for people legally
living in student housing for cannabis-related activity the bill allows; allows a student
subjected to school discipline in violation of the bill’s protections to bring a lawsuit
Disciplinary Policies (§ 29(a) & (h))
The bill requires any educational institution receiving public funds
or subject to state regulations to, within 180 days after the bill’s
effective date, revise and implement student disciplinary policies to
conform to the criteria in this section. This means this provision
applies to public and private Kindergarten to grade 12 schools, as well
as public and private institutions of higher education. For example,
many private k-12 schools take part in the federal school lunch
program and are entitled to assistance under the federal special
education law. Essentially all private institutions of higher education 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 30 4/15/21
receive federal assistance for student financial aid.
The bill specifies that:
1. no school disciplinary policy can prohibit the involvement of a
student or school in a criminal investigation reasonably related
to the unlawful possession or distribution of cannabis on school
premises or in the course of school activities,
2. a student has a right to independent free counsel in any
investigation or other proceeding where the student is subject to
school discipline for possessing cannabis and may reasonably
be expected to be a witness or to be subject to arrest, and
3. a student entitled to counsel must be promptly informed of his
or her right to counsel and be granted the means to request
counsel by the school.
Discipline Requirements and Options (§ 29 (d), (e), (f) & (g))
The bill prohibits using out-of-school suspension for more than 10
days to discipline a student found to illegally possess cannabis on
school premises or while engaged in school activities. This provision
appears to conflict with the state school expulsion law that requires
expulsion for controlled substance offenses (see COMMENT).
The bill allows a student found in illegal possession of cannabis on
school premises or during school activities (e.g., field trips, athletic
competitions), to receive or be subject to counseling, drug-related
education, or community service related to the school, or any
combination of them, as long as it is not more severe than equivalent
school penalties for underage drinking.
Also, the bill allows educational institutions to establish a (1)
restorative justice program for addressing matters related to cannabis,
other controlled substances, alcohol, or tobacco or (2) cannabis or other
substance abuse diversion program as part of a school drug policy. The
restorative justice program must include an education curriculum
tailored to the needs and circumstances of individual students. The 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 31 4/15/21
diversion program must include counseling, support, and education
regarding cannabis abuse and other substance abuse.
Financial Aid (§ 29(i))
The bill protects financial aid or student loan recipients from having
their eligibility, rights, privileges, or options revoked, restricted, or
adversely changed because of cannabis-related activity that the bill
allows. The bill specifies that any contractual provision or policy
contrary to this section is deemed void and against public policy. This
provision could be vulnerable to a legal challenge that it violates the
Constitution’s contracts clause (art. 1, § 10), which generally prohibits
states from passing laws that impair the obligation of existing contracts
(see BACKGROUND).
Student Housing (§ 29(j))
The bill protects people legally living in student housing from
discipline, termination of residency, eviction, or any other housing-
related sanction for cannabis-related activity allowed under the bill
that does not substantially involve housing-related misconduct. The
bill specifies that any contractual provision or policy contrary to this
section is deemed void and against public policy. This provision could
also be vulnerable to a contracts clause challenge (see
BACKGROUND).
Violations and Court Actions (§ 29(k))
Under the bill, a violation of any part of this section can give rise to
a private right of action by a student subject to school discipline under
this section or any legal parent or guardian of the student. The private
right of action may be filed in the Superior Court for the district in
which the school is located.
Regulations (§ 29(b) & (c))
The bill requires the State Department of Education and the Office
of Higher Education, in consultation with the commission and OJR, to
adopt regulations for implementing these provisions, including
collecting information about student disciplinary actions related to
cannabis and undertaking remedial measures to correct discriminatory 2021HB-06377-R000462-BA.DOCX
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conduct and disparate impacts.
Additionally, it requires each covered educational institution to file
a detailed report, consistent with regulations, with the relevant
regulatory agency for each cannabis-related disciplinary action. The
bill does not indicate which agencies are the relevant regulatory
agencies.
EFFECTIVE DATE: Upon passage
§ 30 — HOUSING
Makes it illegal to refuse to rent, lease, license, or sell any housing based on a person’s
prior cannabis-related charge or conviction or involvement in the lawful cannabis
business sector; exempts certain types of lodging, such as (1) sober living or other
therapeutic housing and (2) temporary lodgings, including hotels, motels, camps, and
private homes
Beginning 180 days after it becomes effective, the bill makes it illegal
to:
1. refuse to rent, lease, license, sell, or otherwise make unavailable
any housing unit based on a person’s (a) prior charge or
conviction for a cannabis-related offense or (b) past, current, or
future involvement or participation in the lawful cannabis
business sector;
2. ask about a prospective tenant, licensee, or purchaser’s criminal
history related to cannabis; or
3. discriminate in the terms, conditions, or privileges of the sale or
rental of any dwelling based on the person’s (a) prior charge or
conviction for a cannabis-related offense or (b) past, current, or
future involvement or participation in the lawful cannabis
business sector.
The bill states that the above provisions also apply to homeless
shelters, respite homes, nursing homes, and other long-term care
facilities.
However, the bill exempts from these provisions (1) sober living
houses or other housing intended to provide a therapeutic or 2021HB-06377-R000462-BA.DOCX
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rehabilitative environment related to drug or alcohol use and (2)
temporary lodgings, including hotels, motels, camps, and private
homes rented for brief stays.
EFFECTIVE DATE: Upon passage
§ 31 — FEDERALLY ASSISTED H OUSING
Makes it illegal to refuse to rent, lease, license or otherwise make unavailable any unit of
housing based on a person’s cannabis-related charge or arrest without conviction or
substantial independent evidence; places requirements on federally-assisted housing
including to notify the commission and the OJR when there are denials or evictions based
on lawful cannabis activity; requires the attorney general to promptly take reasonable
remedial and corrective measures, including seeking equitable and injunctive relief, if a
review identifies a pattern of disparate racial impact or intentional discrimination based
on lawful cannabis activity
Beginning 180 days after it becomes effective, the provisions of this
section apply to any housing governed by (1) the federal Quality
Housing and Work and Responsibility Act of 1998 (federal public
housing and housing choice voucher rental assistance) or (2) any other
provisions of federal law that grant persons or entities that own or
manage federally assisted housing the discretion to deny persons
housing, or to evict them, based on drug-related offenses.
The bill makes it illegal to refuse to rent, lease, license, or otherwise
make unavailable any such housing based on a person’s charge or
arrest for a cannabis-related offense, without conviction or other
substantial independent and relevant evidence based on actual
conduct.
It also requires everyone that owns, manages, or regulates the
covered housing to provide the commission and OJR with written
notification of any denial of housing or any eviction based on the
lawful cultivation, possession, or use of cannabis or other cannabis-
related offense.
The notice must provide the affected person’s name, address, race,
ethnicity, and gender; the persons with knowledge and decision-
making authority regarding the denial or eviction; the specific
circumstances of the denial or eviction; and the specific reasons, facts,
and evidence for the denial or eviction. The notice must be issued to 2021HB-06377-R000462-BA.DOCX
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the Office of the Attorney General (AG) no more than seven days after
the denial or issuance of a notice of eviction.
The bill requires the AG, at least once every two years, to conduct
periodic disparate racial impact reviews of denials and evictions for
cannabis-related reasons under Title VI of the federal Civil Rights Act
of 1964. If a review identifies a pattern of disparate racial impact or
intentional discrimination in federally assisted housing based on
lawful cannabis activity, the AG must promptly take reasonable
remedial and corrective measures, upon the commission’s
recommendation or its own initiative. This can include seeking
equitable and injunctive relief and imposing civil penalties of up to
$100,000 for each instance of a policy or practice that creates a
disparate racial impact in the provision or retention of housing.
EFFECTIVE DATE: Upon passage
§ 32 — TRIBAL SOVEREIGNTY
States the bill must not be interpreted to infringe on tribal sovereignty to establish laws,
regulations, or ordinances or to govern and regulate matters of public policy within the
tribal boundaries; requires that lawful tribe-certified cannabis operations be considered
licensed entities for the purpose of commerce between cannabis businesses
The bill explicitly states that its provisions must not be interpreted
to infringe on tribal sovereignty to establish laws, regulations, or
ordinances, or to govern and regulate matters of public policy, within
the tribal jurisdiction boundaries.
The bill requires that lawful cannabis operations certified by the
tribes be considered licensed entities for the purpose of commerce
between tribal cannabis businesses and licensed cannabis businesses in
this state.
EFFECTIVE DATE: Upon passage
§§ 33 & 34 — CRIMINAL RECORD ERAS URE
Allows anyone convicted on or after October 1, 2015, for possessing or possessing with
intent to sell six ounces or less of cannabis to file a court petition to erase the related
records; provides for automatic erasure of records for older convictions for possessing less
than four ounces of cannabis or any quantity of non-narcotic or non-hallucinogenic drugs; 2021HB-06377-R000462-BA.DOCX
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makes various changes to existing procedures to erase records for any decriminalized
offense
Under existing law, offenders convicted of acts that are
subsequently decriminalized may petition to have their records erased.
This includes convictions for the possession of less than ½ ounce of
cannabis, which was decriminalized in 2011 (see State v. Menditto, 315
Conn. 861 (2015)). If petitioned, the court must order the physical
destruction of all related police, court, and prosecution records.
The bill allows anyone convicted on or after October 1, 2015 (see
BACKGROUND) for possession, or possession with intent to
distribute, of six ounces or less of cannabis to file a court petition for
the records’ erasure. It also provides for the automatic erasure of
convictions before then for possessing less than four ounces of
cannabis or any amount of certain other drugs. This automatic erasure
provision does not apply to (1) narcotics (e.g., heroin or cocaine) or (2)
non-marijuana hallucinogens.
For the automatic erasure provisions, because of changes to the
drug possession laws throughout the years, the specific quantities or
drugs vary in some respects depending on the date of the conviction.
For example, PA 11-71 (§§ 1 & 2), effective July 1, 2011, decriminalized
the possession of up to ½ ounce of marijuana. Thus, possession of less
than that amount of cannabis since that date is not a crime and thus is
not covered by the bill’s erasure provisions.
The bill also makes certain changes to existing laws on record
erasure for any decriminalized offense, such as requiring that the
person be given a copy of the records before their destruction.
EFFECTIVE DATE: July 1, 2022
Petitions for Erasure of Cannabis Possession Convictions on or
after October 1, 2015
Under the bill, a person seeking this erasure must file the petition
with the Superior Court (1) where the person was convicted, (2) that
has the conviction records, or (3) where venue would currently exist if
the conviction took place in a court that no longer exists (e.g., the Court 2021HB-06377-R000462-BA.DOCX
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of Common Pleas).
The petitioner must include a copy of the arrest record or an
affidavit supporting that the conviction was for six ounces or less of
cannabis. If the petition includes the required documentation, the court
must order the erasure of all related police, court, and prosecution
records.
Under the bill, these provisions do not apply if the (1) criminal case
is pending or (2) person was charged with multiple counts, until all
counts are entitled to destruction or erasure. But if there are multiple
counts, the court must direct the records of any offenses that would
otherwise be entitled to destruction to be erased under existing
procedures.
Under the bill, the court or any agency or department must not
charge any fees for these petitions. The court, police, or prosecutor
must give the petitioner a complete paper or electronic copy of all the
records and certify their authenticity before their destruction. If the
applicable court, department, or agency provides an electronic copy,
they must not retain any duplicate electronic records.
Automatic Erasure of Prior Convictions
The bill additionally provides for automatic erasure of the police,
court, and prosecutor records for certain drug possession convictions
before October 1, 2015, as specified above. Under the bill, if these
records are electronic, they must be erased; if they are not electronic,
they are deemed erased by operation of law. The bill specifies that
scanned copies of physical documents are not considered to be
electronic records. The applicable department, court, or agency is
barred from charging any fees for the erasure.
If the person was charged with multiple counts, these provisions do
not apply unless all counts are entitled to erasure, except that
electronic records, or portions of them, released to the public must be
erased to the extent they reference charges entitled to erasure.
The court, police, or prosecutor must give the person a complete 2021HB-06377-R000462-BA.DOCX
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paper or electronic copy of all the records and certify their authenticity
before their erasure.
The bill specifies that these provisions do not (1) limit any other
procedure for erasure of criminal history record information or (2)
prohibit someone from participating in those procedures, even if that
person’s records have been erased under the bill’s procedure.
These provisions also do not require the Department of Correction
to redact any of their internal records.
Petitions for Erasure of Convictions for Any Decriminalized
Offense
Under the bill, several of the above provisions on petitions to erase
cannabis possession convictions also apply to petitions to erase
convictions for any decriminalized offenses. These include the
provisions (1) specifying the court in which to file the petition, (2)
banning fees, (3) prohibiting petitions while a case is pending, (4)
establishing procedures for cases with multiple counts, (5) requiring
that the person receive a copy of the records, and (6) banning the court
or agency from retaining an electronic copy.
Background — 2015 Changes to Drug Possession Laws
Effective October 1, 2015, PA 15-2, June Special Session (§ 1)
replaced the prior penalty for drug possession crimes, which punished
most types of illegal drug possession as felonies. It created a new
structure that generally punishes possession of half an ounce or more
of cannabis or any amount of another illegal drug as a class A
misdemeanor.
§ 35 — CANNABIS LABORATORIE S
Authorizes cannabis laboratories and their employees to obtain and test cannabis from any
source and makes related changes
Current medical marijuana law prohibits licensed laboratory
employees from acquiring marijuana from, or delivering, transporting,
or distributing it to, anyone other than (1) licensed producers or
dispensaries or (2) organizations engaged in approved research
programs. 2021HB-06377-R000462-BA.DOCX
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The bill replaces these provisions, and in doing so authorizes certain
laboratories to obtain cannabis from a wider range of sources. It
generally allows laboratories or laboratory employees licensed to test
cannabis (including cannabis products) to (1) acquire and test cannabis
from any source or person and (2) report the test results to the
requesting person without asking about the source of the cannabis.
This applies if the laboratory or employee finds this testing to be
relevant to health or safety. Also, as under current law, the laboratory
or employee must not obtain or transport marijuana outside of the
state in violation of state or federal law.
The bill makes conforming changes to the scope of legal protections
for laboratories and laboratory employees when obtaining and testing
cannabis products under the authorization described above.
It also specifies that these provisions must not be interpreted to
release any laboratory employee from any requirement or liability to
any government agency arising from law or regulation or as a
condition of licensing.
EFFECTIVE DATE: Upon passage
§§ 36 & 37 — CANNABIS USE IN MOTO R VEHICLES
Makes it a (1) class C misdemeanor to smoke, otherwise inhale, or ingest cannabis while
driving a motor vehicle and (2) class D misdemeanor to smoke cannabis in a motor vehicle
The bill makes it a class C misdemeanor to smoke, otherwise inhale,
or ingest cannabis products while driving a motor vehicle. It makes it a
class D misdemeanor to smoke cannabis as a passenger in a motor
vehicle. A class C misdemeanor is punishable by up to three months in
prison, a fine of up to $500, or both, and a class D misdemeanor is
punishable by up to 30 days in prison, a fine of up to $250, or both.
In either case, the bill applies to doing these things in a vehicle
operated (1) on a public highway, (2) on a road of a specially chartered
municipal association or roadway district, (3) in a parking area for 10
or more cars, (4) on school property, or (5) on a private road with a
speed limit set pursuant to state law. 2021HB-06377-R000462-BA.DOCX
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Under the bill, someone cannot be convicted of both possession of a
controlled substance and smoking, otherwise inhaling, or ingesting
cannabis products while driving for the same incident. But someone
may be charged and prosecuted for either or both offenses, driving
under the influence, and any other applicable offense upon the same
information. Relatedly, someone cannot be convicted of both
possessing a controlled substance and smoking cannabis in a motor
vehicle for the same incident, but he or she may be charge and
prosecuted for both offenses upon the same information.
EFFECTIVE DATE: October 1, 2021
§ 38 — DRUG RECOGNITION EXP ERTS AND ADVANCED
ROADSIDE IMPAIRED DR IVING ENFORCEMENT
Requires POST and DOT to determine the number of drug recognition experts needed,
requires certain officers to be trained in advanced roadside impaired driving enforcement,
and requires related training plans
The bill requires the Police Officer Standards and Training Council
(POST), in conjunction with the Department of Transportation’s (DOT)
Highway Safety Office, to determine how many accredited drug
recognition experts (DREs) are needed to respond to impaired driving.
It also requires (1) certain officers to be trained in advanced roadside
impaired driving enforcement (ARIDE) and (2) training plans for both
DREs and ARIDE.
Under the bill, a DRE is someone certified by the International
Association of Chiefs of Police as having met all requirements of the
International Drug Evaluation and Classification Program. ARIDE is a
program developed by the National Highway Traffic Safety
Administration (NHTSA) with the International Association of Chiefs
of Police (IACP) and the Technical Advisory Panel, or a successor
program, that focuses on impaired driving enforcement education for
police officers.
Determining Minimum Number of DREs
By January 1, 2022, the bill requires each law enforcement unit to
report to POST, in a manner it specifies, a recommendation for the
minimum number of officers that it should have accredited as DREs to 2021HB-06377-R000462-BA.DOCX
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respond to impaired driving. In making the recommendations, units
may consider that they may call on other units’ DREs, as needed and
available. A recommendation must be based on (1) DOT impaired
driving data and (2) and POST-issued guidance.
The bill requires POST, in conjunction with DOT’s Highway Safety
Office, to determine the minimum number of police officers to be
accredited as DREs for each law enforcement unit, considering
recommendations from law enforcement units. POST and the office
must submit their determination to the governor and Office of Policy
and Management secretary by July 1, 2022.
By April 1, 2022, POST must develop and promulgate a model DRE
policy to ensure that enough police officers in each unit become
trained DREs to meet the minimum requirement POST determines.
And by October 1, 2022, each law enforcement unit must adopt and
maintain a written policy that at least meets the standards in POST’s
policy.
DRE and ARIDE Training
By January 1, 2022, POST and DOT’s Highway Safety Office must
jointly issue a plan to increase access to ARIDE training and DRE
training for police officers and law enforcement units. Beginning on
that same date, the bill requires each police officer who has not been
recertified for the first time after his or her initial certification to be
trained and certified in ARIDE before being recertified.
EFFECTIVE DATE: July 1, 2021
§ 39 — DRIVING UNDER THE INFLUENCE (DUI)
Modifies the state’s DUI law, including allowing drug influence evaluations to be
admitted as evidence, allowing courts to take judicial notice of THC’s effects, and
providing immunity to people who draw blood at a police officer’s direction
The bill makes changes to the state’s DUI law, including allowing
evaluations by DREs to be admissible as evidence, allowing courts to
take judicial notice of THC’s effects, and providing civil immunity to
people who draw blood at the direction of a police officer. 2021HB-06377-R000462-BA.DOCX
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The DUI law prohibits driving a motor vehicle (1) while under the
influence of alcohol or drugs (or both) or (2) with an elevated blood
alcohol content (BAC) (i.e., at least .08% for non-commercial vehicle
drivers, .04% for commercial vehicle drivers, or .02% for drivers under
age 21). It applies to drivers operating motor vehicles anywhere,
including their own property, and to people operating snowmobiles
and all-terrain vehicles. The law imposes various penalties for DUI,
including prison terms, fines, and license suspensions (see
BACKGROUND).
EFFECTIVE DATE: April 1, 2022
Drug Influence Evaluations as Evidence
Existing law allows chemical tests showing the amount of alcohol or
drugs in a defendant’s blood, breath, or urine at the time of the alleged
DUI offense to be admissible as evidence, provided certain standards
are met (e.g., the driver must consent to the test and have a reasonable
chance to call a lawyer before taking it, see BACKGROUND).
Under the bill, if a DRE conducts a drug influence evaluation, his or
her related testimony must be admissible and competent as evidence
of DUI. A “drug influence evaluation” is a twelve-part evaluation
developed by NHTSA and IACP that a DRE conducts to determine (1)
a person’s impairment level from using drugs and (2) the drug
category causing the impairment (see BACKGROUND).
Under the bill, a DRE may testify about his or her opinion or
otherwise on the significance of the symptoms of impairment or
intoxication (1) for which evidence was admitted or (2) on the
condition that the evidence be introduced.
Refusal to Submit to a Drug Influence Evaluation. By law, in DUI
prosecutions, evidence that the defendant refused to submit to a
lawfully requested blood, breath, or urine test is admissible, if certain
procedural requirements were followed (e.g., the person was informed
of their constitutional rights and allowed to contact an attorney). The
bill also allows evidence that a defendant refused to submit to the 2021HB-06377-R000462-BA.DOCX
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nontestimonial portion of a drug influence evaluation to be admissible
as evidence under the same conditions. The “nontestimonial portion of
a drug influence evaluation” is a drug influence evaluation that does
not include a verbal interview with the subject.
Judicial Notice of Effects of THC
In a DUI prosecution alleging that a defendant’s driving was
impaired wholly or partially by consuming cannabis, cannabis
products, or “THC,” the bill allows a court to take judicial notice that
ingesting THC (1) can impair a person’s driving ability, motor
function, reaction time, tracking ability, cognitive attention, decision-
making, judgement, perception, peripheral vision, impulse control,
and memory and (2) does not enhance a person’s ability to drive a
motor vehicle safely.
“THC” is tetrahydrocannabinol and any material, compound,
mixture or preparation containing their salts, isomers, and salts of
isomers, whenever their existence is possible within the specific
chemical designation, regardless of the source. It is not (1) dronabinol
in sesame oil that is in a soft gelatin capsule in a federal Food and Drug
Administration (FDA)- approved product or (2) a
tetrahydrocannabinol product approved by FDA or a successor agency
to have a medical use and reclassified in a schedule of controlled
substances or unscheduled by the FDA or successor agency.
Immunity for People Drawing Blood
The bill generally gives immunity from civil liability to (1) a
qualified person who draws someone’s blood at the request of a police
officer acting according to DUI law or laws on blood samples after
accidents resulting in death or serious injury and (2) a hospital, lab, or
clinic that employs the person or uses his or her services. This
immunity does not apply if the person’s actions while drawing blood
constitute gross negligence.
§ 40 — ADMINISTRATIVE PER S E LICENSE SUSPENSION
PROCESS
Makes changes to the administrative per se process, including (1) expanding it to include
procedures for imposing penalties on drivers without an elevated BAC but found to be 2021HB-06377-R000462-BA.DOCX
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driving under the influence based on behavioral impairment evidence and (2) applying the
existing per se process to operators who refuse the nontestimonial portion of a drug
influence evaluation
By law, someone arrested for DUI is subject to administrative
licensing sanctions through DMV, in addition to criminal prosecution.
This process is referred to as “administrative per se,” and the sanctions
may occur when (1) a driver refuses to submit to a blood, breath, or
urine test or (2) a test indicates an elevated BAC. However, under
current law, DMV is unable to suspend drug-impaired drivers that do
not have an elevated BAC.
Principally, the bill expands the administrative per se process to
include procedures for imposing licensing sanctions and other
penalties on drivers that do not have an elevated BAC but are found to
be driving under the influence based on evidence of behavioral
impairment, among other things. Existing law allows evidence of
behavioral impairment to support a DUI conviction.
The bill also applies the existing per se process to drivers who refuse
to consent to the bill’s nontestimonial portion of a drug influence
evaluation and makes various other changes to the process.
EFFECTIVE DATE: April 1, 2022
Implied Consent for Drug Influence Evaluations (§ 40(a))
Under existing law, motor vehicle drivers consent to chemical tests
of their blood, breath, or urine when they drive, and if a driver is a
minor, the law deems his or her parents to have consented. Under the
bill, drivers (or their parents) also consent to a nontestimonial portion
of a DRE-conducted drug influence evaluation.
Requests for Drug Influence Evaluations (§ 40(b))
Existing law allows a police officer who arrests a person for DUI to
request that he or she submit to a blood, breath, or urine test under
certain conditions. The bill allows the officer to also ask the person to
submit to (1) a drug influence evaluation conducted by a DRE or (2)
both a drug influence evaluation and a blood, breath, or urine test. 2021HB-06377-R000462-BA.DOCX
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The bill generally applies the conditions in existing law for
requesting blood, breath, or urine tests to requests for drug influence
evaluations. Thus, under the bill, a police officer may ask someone to
submit to a blood, breath, or urine test, or a drug influence evaluation
only after he or she is:
1. informed of his or her constitutional rights;
2. given reasonable opportunity to contact an attorney before the
test or evaluation occurs;
3. informed that evidence of refusal to submit to a test or
evaluation is admissible as evidence in the prosecution of DUI
cases, except that refusing to submit to the testimonial portions
of drug influence evaluations is not refusal evidence;
4. informed that his or her license or operating privilege may be
suspended under administrative per se procedures if (a) he or
she refuses a test or the nontestimonial portion of a drug
influence evaluation or submits to a test and the results indicate
an elevated BAC or (b) the officer believes there is substantial
evidence to conclude that the person was driving under the
influence of intoxicating liquor, a drug, or both.
Existing law prohibits giving a test if the subject refuses it. It
requires police officers, when someone refuses or is unable to submit
to a blood test, to designate a different type of test to be taken. If a test
is refused, the officer must officially note that he or she informed the
person of the conditions under which the license or driving privilege
could be suspended by the refusal.
The bill extends this refusal procedure to requests for drug
influence evaluations. It also specifies that if someone submits to a
breath test and the results indicate that the person does not have an
elevated BAC, the police officer may ask him or her to take a different
type of test. But if he or she refuses to submit to a blood test, the officer
must designate that a urine test be taken. 2021HB-06377-R000462-BA.DOCX
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Arrest Reports and 24-Hour Suspension (§ 40(c) & (d))
The bill (1) adds refusing the nontestimonial portion of a drug
influence evaluation to the existing arrest reporting and 24-hour
suspension procedures and (2) establishes a similar procedure for
people who are arrested for DUI but not asked to take a test or whose
results do not indicate an elevated BAC.
The bill also specifies that an officer’s failure to transmit these
reports within three business days, as the law requires, does not affect
a license or operating privilege suspension decision or the report’s
admissibility in a hearing (see below).
Refusing Test or Elevated BAC. Under existing law, if a person
refuses to submit to a blood, breath, or urine test or submits to a test
within two hours after driving and the results indicate the person has
an elevated BAC, the police officer, acting on behalf of DMV, must
immediately, and for a 24-hour period, (1) revoke and take possession
of the person’s driver’s license and (2) suspend his or her operating
privilege, if he or she is a nonresident. Under the bill, an officer must
do the same if a person refuses a drug influence evaluation.
No Test Requested or No Elevated BAC. Under the bill, if an
officer arrests someone for DUI but does not ask the person to submit
to a blood, breath, or urine test, or gets results indicating that the
person does not have an elevated BAC, the officer must (1) advise the
person that his or her license or operating privilege may be suspended
through the administrative per se process if he or she believes there is
substantial evidence to conclude that the person was driving under the
influence of alcohol, drugs, or both and (2) submit a report on the
arrest and evidence.
The bill requires the report to be submitted under existing law’s
procedures, and if the report includes test results that indicate no
elevated BAC, it must conform to the requirements for reports on test
results that do indicate elevated BAC. In these reports, the officer must
document (1) the basis for the belief that there was probable cause to
arrest the person for DUI and (2) if he or she believes that there is 2021HB-06377-R000462-BA.DOCX
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substantial evidence to conclude the person was driving under the
influence of alcohol, drugs, or both.
Under the bill, if the officer believes substantial evidence of DUI
exists, he or she must immediately, and for a 24-hour period, (1)
revoke and take possession of the person’s driver’s license or (2) if the
person is unlicensed or a nonresident, suspend their operating
privilege.
Laboratory Analysis of Blood or Urine. The bill eliminates
provisions in current law that:
1. prohibit an officer, if a blood or urine test specimen requires
laboratory analysis, from (a) taking possession of a person’s
license or suspending his or her operating privilege or (b)
sending an arrest report to the commissioner and
2. require, if the lab results show an elevated BAC, the officer to
immediately notify and send the report to DMV.
DMV License Suspension (§ 40(e))
Under current law, after receiving a report, the DMV commissioner
may suspend a person’s license, which must start on a date no later
than 30 days after the person received notice of their arrest by the
police officer. The bill instead requires that the date be within 30 days
before the later of the date the person received the (1) notice of the
person’s arrest or (2) results of a blood or urine test or a drug influence
evaluation.
The suspension lasts for 45 days and is followed by a mandatory
period of ignition interlock device use (see below).
Hearing. By law, people subject to this license suspension are
entitled to a hearing before the suspension takes effect. They may do so
by contacting DMV within seven days after the suspension notice’s
mailing date.
Under the bill, the hearing of someone who was not asked to take a 2021HB-06377-R000462-BA.DOCX
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blood, urine, or breath test or whose test results did not indicate an
elevated BAC, is limited to a determination of the following issues,
which are substantially similar to those under existing law’s per se
process:
1. if police officer had probable cause to arrest the person for DUI;
2. was the person arrested;
3. is there substantial evidence to conclude that the person was
driving a vehicle under the influence of alcohol, drugs, or both;
and
4. was the person driving the vehicle.
In these hearings, the following evidence of DUI is admissible:
1. police officer observations of intoxication, as documented in the
report;
2. results of a chemical test administered in accordance with the
DUI law or a toxicology report certified by the Department of
Emergency Services and Public Protection’s (DESPP) Division of
Scientific Services;
3. hospital or medical records obtained in accordance with
established procedures or by the driver’s consent;
4. results of tests conducted by, or a report of, an officer trained in
ARIDE; or
5. DRE reports.
Ignition Interlock Devices (§ 40(i))
The bill extends current ignition interlock device (IID) penalties to
people who drive a vehicle under the influence of alcohol, drugs, or
both, but who did not have an elevated BAC or were not asked to take
a blood, breath, or urine test, as shown in Table 1 (see
BACKGROUND). 2021HB-06377-R000462-BA.DOCX
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Table 1: IID Penalties for Per Se Offense Under the Bill
Per Se Offense IID Requirement
(After 45-Day License Suspension)
First
Suspension
Second
Suspension
Third or
Subsequent
Suspension
Age 21 or older: (1) BAC of 0.08% or
more or 0.04% or more if operating a
commercial vehicle or (2) found to
have been driving under the influence
of alcohol, drugs, or both
6 months 1 year 2 years
Under Age 21: (1) BAC of 0.02% or
more or (2) found to have been
driving under the influence of alcohol,
drugs, or both
1 year 2 years 3 years
Refusal of test or nontestimonial
portion of drug influence evaluation,
regardless of age
1 year 2 years 3 years
Existing law requires IIDs for criminal DUI convictions, even for
those involving drugs and not alcohol (CGS § 14-227a(i)).
Process if Driver Suffered Injury or Required Medical Treatment (§
40(j))
Under existing law, if a police officer obtains a blood or urine
sample from a driver who was arrested for DUI and physically injured
in an accident or needed hospital treatment or observation, the officer
must notify the DMV commissioner if the sample’s results indicate that
the operator had an elevated BAC. The bill extends this requirement to
blood sample results that show the presence of alcohol, a drug, or both.
The commissioner may then use this information when deciding to
suspend the driver’s license, in accordance with the procedures
described above.
§ 41 — PROCEDURES FOR ACCID ENTS RESULTING IN DE ATH
OR SERIOUS INJURY
Modifies intoxication testing procedures for accidents resulting in death or serious injury,
including by requiring drug influence evaluations of surviving operators
Surviving Drivers 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 49 4/15/21
Existing law requires a blood or breath sample to be obtained from a
surviving driver whose vehicle was involved in an accident resulting
in the death of or serious physical injury to another person if (1) a
police officer has probable cause to believe that the driver operated the
vehicle while under the influence of alcohol, drugs, or both, or (2) the
driver has been charged in connection with the accident and the officer
has a reasonable suspicion that he or she was under the influence of
alcohol, drugs, or both. The sample must be tested according to
DESPP-approved methods and equipment.
The bill additionally (1) requires that a DRE conduct a drug
influence evaluation of a surviving operator if the operator is not
seriously injured or otherwise unable to take the evaluation because of
the accident and (2) allows a urine sample to be taken instead of a
blood or breath sample.
The bill requires police officers who obtain a blood, breath, or urine
sample from the surviving driver or a drug influence evaluation
conducted on the surviving driver to submit a written report to the
DMV commissioner with the respective results. It allows the
commissioner, after notice and opportunity for a hearing held
according to the administrative per se procedures, to impose the
associated license suspension and IID penalties. The hearing must be
limited to determining the following:
1. if the person was operating the vehicle;
2. if the person’s sample or the drug influence evaluation was
properly obtained or conducted, as applicable, according to the
law’s requirements; and
3. if the examined sample had an elevated BAC or if there was
substantial evidence that the person drove the vehicle under the
influence of alcohol, drugs, or both.
ARIDE-Trained Officers at Fatal Accidents
The bill requires law enforcement units, when responding to a fatal
motor vehicle accident, to assign an ARIDE-trained officer to respond, 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 50 4/15/21
if one is available.
Examination of Samples
By law, the chief medical examiner and other specified officials
must include in a fatal motor vehicle accident investigation a blood
sample from any driver or pedestrian who dies in the accident.
Under current law, DESPP’s Division of Scientific Services or the
chief medical examiner examines the samples. The bill also allows a
forensic toxicology laboratory, under an agreement with the Office of
the Chief Medical Examiner, to examine them.
EFFECTIVE DATE: April 1, 2022
§ 42 — COMMERCIAL VEHICLE DRIVING DISQUALIFICATION
Extends existing commercial motor vehicle driving disqualification penalties to drivers
who refused a drug influence evaluation or drove under the influence of alcohol, drugs, or
both
Under existing law, if a commercial driver’s license holder either
refuses a test to determine BAC while driving any vehicle or fails the
test, he or she is disqualified from driving a commercial motor vehicle
for (1) a year for a first offense and (2) life upon a second or subsequent
offense.
The bill imposes these disqualification penalties to someone who
(1) refuses to submit to a drug influence evaluation by a DRE or (2)
was found to have driven a vehicle under the influence of alcohol,
drugs, or both, through the administrative per se procedure.
EFFECTIVE DATE: April 1, 2022
§ 43 — EDUCATIONAL MATERIAL S ON DRE PROGRAM AND
DRUG INFLUENCE EVALU ATIONS
Requires the Traffic Safety Resource Prosecutor to develop educational materials and
programs about the DRE program and drug influence evaluations
The bill requires the Traffic Safety Resource Prosecutor, in
consultation with other entities and seeking guidance from NHTSA, to
develop educational materials and programs about the DRE program
and drug influence evaluations and make them available to the judicial 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 51 4/15/21
branch and the Connecticut Judges Association. The prosecutor must
develop the materials in consultation with DOT, DMV, the Connecticut
Police Chiefs Association, and the statewide DRE coordinator. (But the
bill does not establish such a coordinator and one does not exist under
current law.)
EFFECTIVE DATE: July 1, 2021
§ 44 — ADMINISTRATIVE PENAL TIES FOR BOATING UND ER THE
INFLUENCE
Makes changes to DEEP’s administrative sanctions process for boating under the
influence that are substantially similar to the bill’s changes to DMV’s administrative per
se process
The law establishes a process for the Department of Energy and
Environmental Protection (DEEP) to impose administrative sanctions
on boaters who operate boats with an elevated BAC or who refuse to
submit to a blood, breath, or urine test. These procedures largely
parallel the administrative per se process for driving with an elevated
BAC or refusing to submit to a test (see above). Like DMV, under
current law DEEP cannot suspend a drug-impaired boater’s safe
boating certificate or certificate of personal watercraft operation
("certificate") if they do not have an elevated BAC.
The bill’s changes to this process are substantially similar to the
changes it makes to DMV’s administrative per se process. It (1)
expands the process to include procedures for imposing certification
sanctions on boaters who do not have an elevated BAC but are found
to be boating under the influence based on evidence of behavioral
impairment, among other things, and (2) applies the existing process to
boaters who refuse the nontestimonial portion of a drug influence
evaluation. Its other changes include the following, among other
things:
1. deeming that boaters consent to a nontestimonial portion of a
drug influence evaluation conducted by a DRE;
2. allowing peace officers to request drug influence evaluations in
addition to or instead of a blood, breath, or urine test under the 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 52 4/15/21
same conditions as police officers under the administrative per
se statute for DUI;
3. requiring a peace officer to revoke certificates, following
procedures substantially similar to the DUI per se process, if the
(a) boater refuses a drug influence evaluation or (b) officer
believes that he or she has substantial evidence that the boater
operated a boat under the influence of alcohol, drugs, or both;
4. establishing review standards for hearings for boaters who did
not refuse a test or whose results did not indicate an elevated
BAC that align with those under the DUI administrative per se
process; and
5. imposing existing suspension periods (which are different than
those under the DUI administrative per se process) on people
found to be operating a boat under the influence of alcohol,
drugs, or both (see Table 2).
Table 2: Administrative Certificate Suspensions
Violation First
Offense
Second
Offense
Third or
Subsequent Offense
(1) BAC of 0.08% or more (or
0.02% if under age 21) or (2)
found to have been boating
under the influence of alcohol,
drugs, or both
90 days 9 months 2 years
Refusal of test 6 months 1 year 3 years
BAC of 0.16% or more 120 days 10 months 2 years, 6 months
Unlike its DMV administrative per se changes, the bill does not
similarly extend the penalties for refusing a test to refusing the
nontestimonial portion of a drug influence evaluation.
EFFECTIVE DATE: April 1, 2021
§ 45 — BOATING UNDER THE IN FLUENCE
Makes substantially similar changes to the boating under the influence law as those the
bill makes to the DUI law, such as allowing DREs to testify in boating under the
influence cases 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 53 4/15/21
State law prohibits boating (1) while under the influence of alcohol
or drugs or (2) with an elevated BAC (i.e., at least 0.08%, or 0.02% in
the case of boaters under age 21) (CGS § 15-133(d)). It imposes
penalties for boating under the influence convictions, including prison
time, fines, and certificate suspension (see BACKGROUND).
The bill makes substantially similar changes to the boating under
the influence law that it makes to the DUI law. These changes include:
1. making testimony from a DRE who conducted a drug influence
evaluation admissible and competent as evidence of boating
under the influence;
2. allowing a DRE to testify about his or her opinion or otherwise
on the significance of impairment or intoxication symptoms for
which evidence was admitted or on the condition that it be
introduced;
3. allowing evidence that a defendant refused to submit to the
nontestimonial portion of a drug influence evaluation to be
admissible as evidence under conditions substantially similar to
those that apply to DUI (see above); and
4. allowing the court to take judicial notice that ingesting THC (1)
can impair a person’s boating ability, motor function, reaction
time, tracking ability, cognitive attention, decision-making,
judgement, perception, peripheral vision, impulse control, and
memory and (2) does not enhance a person’s ability to boat
safely.
Unlike its DUI changes, the bill does not explicitly extend immunity
from civil liability to people who draw blood samples at an officer’s
request.
EFFECTIVE DATE: April 1, 2022
§§ 46, 47 & 53 — CANNABIS POSSESSION, USE, AND GIFTS 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 54 4/15/21
Allows people age 21 or older to possess or use cannabis or gift it to other such people, up
to a six-ounce possession limit; establishes penalties for people under age 21 who possess
up to 2.5 ounces, similar to existing penalties for possessing up to 0.5 ounce
The bill allows individuals age 21 or older (consumers) to possess,
use, or otherwise consume cannabis and cannabis products, up to the
possession limit described below. The bill also allows consumers to gift
cannabis or cannabis products to other consumers for free outside of
commercial transactions, subject to the same limit.
The bill sets the following possession limit: the amount of cannabis
must not exceed (1) six ounces of cannabis plant material, (2) an
equivalent amount of cannabis product, or (3) an equivalent combined
amount of cannabis and cannabis product.
Current law prohibits the possession of cannabis, except as
authorized by law for medical purposes, and imposes civil fines and
other penalties for possession of under ½ ounce and criminal penalties
for the possession of larger amounts. The following table describes the
current penalties.
Table 3: Penalties for Cannabis Possession Under Current Law
Possession of less than ½ ounce (CGS § 21a-279a):
First offense: $150 fine
Subsequent offenses: $200 to $500 fine (third-time violators must attend drug
education, at their own expense)
Violators follow the procedures the law sets for infractions (e.g., they can pay
the fine by mail) (CGS § 51-164n)
60-day suspension of the driver’s license or nonresident operating privileges
of anyone under age 21 who is convicted of a violation (if the person does not
have a license, he or she is ineligible for one for 150 days) (CGS § 14-111e)
Burden of proof is preponderance of the evidence (rather than beyond a
reasonable doubt) (CGS § 51-164n(i))
Possession of ½ ounce or more (CGS § 21a-279(a)):
Class A misdemeanor, punishable by up to one-year prison term, up to a
$2,000 fine, or both
Second offense: court must evaluate the defendant and may suspend
prosecution and order substance abuse treatment if the court determines that
the person is drug dependent 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 55 4/15/21
Subsequent offenses: court may find the person to be a persistent offender
for controlled substance possession and impose the prison term that applies
to class E felonies (i.e., up to three years)
Possession of ½ oz. or more within 1,500 feet of the property comprising (1) an
elementary or secondary school by someone who is not attending the school or (2) a
licensed child care center as identified by a sign posted in a conspicuous place (CGS
§ 21a-279(b)):
Class A misdemeanor
Court must sentence the person to a term of imprisonment and probation.
The conditions of probation must include community service
While the bill sets a possession limit as described above, it does not
establish penalties for people age 21 or older who possess more than
the allowed amount. It is also unclear how the bill’s six-ounce
possession limit interacts with another provision in the bill that
provides that anyone age 21 or older cannot be arrested or otherwise
penalized for any cannabis from plants the person cultivated at his or
her primary residence (see § 14 above).
Penalties for Possession by Underage Individuals (§ 47)
For people under age 21, the bill establishes penalties for possessing
less than (1) 2.5 ounces of cannabis plant material, (2) an equivalent
amount of cannabis product, or (3) an equivalent combined amount.
(The bill does not establish penalties for people under age 21
possessing larger amounts.)
The bill’s penalties are similar in some respects to current penalties
for people of any age who possess up to ½ ounce.
Under the bill, someone under age 21 who possesses up to the 2.5-
ounce limit is subject to a $150 fine for a first offense and a $200 to $500
fine for a subsequent offense. For any second or subsequent offense,
the court (1) must evaluate the person and (2) if it determines that the
person is drug dependent, may suspend prosecution and order the
person to undergo a treatment program.
The bill requires referral to a drug education program for anyone
under age 21 who for a third time enters a plea of nolo contendere to, 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 56 4/15/21
or is found guilty after trial of, possessing less than 2.5 ounces of
cannabis. The person must pay for the program.
The bill exempts from these penalties people who possess more
than the bill’s possession limit as part of a bona fide business activity
or occupation, and who are (1) acting under a cannabis-related license
issued by DCP, the Cannabis Control Commission, or any state or
municipal agency or (2) providing bona fide services to a business
operating under a cannabis-related license.
EFFECTIVE DATE: January 1, 2022
§ 48 — SEARCHES AND MOTOR V EHICLE STOPS
Limits when cannabis odor or possession can justify a search or motor vehicle stop
The bill generally provides that the following do not constitute (in
whole or part) probable cause or reasonable suspicion, and must not
be used as a basis to support any stop or search of a person or motor
vehicle:
1. the odor of cannabis or burnt cannabis; or
2. the possession or suspected possession of six ounces or less of
cannabis or cannabis product.
Additionally, the bill prohibits law enforcement officials from
conducting a test for impairment based on this odor unless the official
has probable cause to believe the vehicle is being operated in an unsafe
manner.
Under the bill, any evidence discovered through a stop or search
that violates these provisions is not admissible in evidence in any trial,
hearing, or other court proceeding.
EFFECTIVE DATE: January 1, 2022
§ 49 — DOMESTICATED ANIMALS
Establishes penalties for feeding cannabis to domesticated animals in some circumstances
The bill generally makes it a class C misdemeanor to knowingly
feed or recklessly provide cannabis or cannabis products to a 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 57 4/15/21
domesticated animal. The ban does not apply to (1) veterinarians or (2)
people acting under a veterinarian’s supervision, instruction, or
recommendation.
By law, a class C misdemeanor is punishable by up to three months
in prison, a fine of up to $500, or both.
EFFECTIVE DATE: October 1, 2021
§ 50 — CONTRACT ENFORCEABIL ITY AND LAW ENFORCEM ENT
RESOURCES
Prohibits the state or political subdivisions from taking adverse actions substantially based
on cannabis-related federal law violations; makes it the state’s public policy that contracts
by cannabis establishments are enforceable; and prohibits law enforcement from spending
time or resources on cannabis-related federal violations
The bill prohibits state agencies or political subdivisions from
relying on a cannabis-related violation of federal law as a significant or
substantial basis for taking an adverse action against a person.
The bill provides that it is the state’s public policy that contracts
related to operating licensed cannabis establishments are enforceable.
Under the bill, this may not be limited by any contractual waiver,
provision on choice of law or conflicts of law, or other contractual
provision or other agreement.
The bill further provides that it is the state’s public policy that
certain contracts are not unenforceable on the basis that federal law
prohibits various cannabis-related actions (e.g., cultivation,
manufacture, sale, possession, or use). This applies to contracts by (1)
licensed cannabis establishments or their authorized agents or (2) those
who allow property to be used by a cannabis establishment, its
employees, or its authorized agents. This also may not be limited by
any contractual waiver or other contractional provision or agreement.
The bill prohibits law enforcement officers from spending state or
local resources, including the officers’ time, to make an arrest or seize
cannabis, or conduct any investigation, for activity that the officer
believes complies with the bill but violates federal law. This applies to
law enforcement agencies that receive state or local government 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 58 4/15/21
funding.
The bill additionally prohibits officers from spending state or local
resources, including their time, to provide any information or logistical
support related to such activity to any federal law enforcement
authority, prosecuting entity, or immigration authority.
EFFECTIVE DATE: July 1, 2021
§ 51 — RETURN OF SEIZED PRO PERTY
Requires the return of drug paraphernalia or other cannabis-related products seized from a
consumer for a suspected violation of the law on cannabis possession
The bill generally requires the return of drug paraphernalia or other
cannabis-related products that were seized from a consumer before
January 1, 2022, in connection with suspected possession of cannabis in
violation of law. This applies to these products held by DCP, law
enforcement agencies, or courts. The bill requires them to return these
products by June 30, 2022.
This does not apply if the cannabis or cannabis products exceeds six
ounces.
EFFECTIVE DATE: January 1, 2022
§ 52 — CANNABIS PARAPHERNAL IA
Allows consumers to manufacture, possess, or purchase cannabis-related paraphernalia or
gift, distribute, or sell it to other consumers
The bill allows consumers (people age 21 or older) to manufacture,
possess, or purchase cannabis-related paraphernalia or gift, distribute,
or sell this paraphernalia to other consumers.
These provisions apply despite existing drug laws. Among other
things, existing law generally prohibits the use, possession with intent
to use, or manufacture of drug paraphernalia (CGS § 21a-267). In
general, these actions are infractions if they relate to less than ½ ounce
of cannabis or misdemeanors if they relate to larger amounts.
EFFECTIVE DATE: January 1, 2022 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 59 4/15/21
§ 54 — PAROLE, SPECIAL PARO LE, OR PROBATION
Limits when (1) cannabis possession or use can be grounds to revoke parole, special parole,
or probation and (2) conditions of parole, special parole, or probation can prohibit
employment in a cannabis-related business
The bill generally prohibits cannabis (or cannabis product)
possession or use from being grounds for revoking someone’s parole,
special parole, or probation, unless that use or possession violates the
bill’s requirements (e.g., possession over the six-ounce limit). But it
allows for cannabis possession or use to be grounds for revocation if a
person’s conditions of parole, special parole, or probation (1) include a
finding that the person is drug dependent and (2) require the person to
refrain from this use or possession.
The bill limits when conditions of parole, special parole, or
probation may prohibit someone from working in a cannabis
establishment or cannabis-related business. It allows these conditions
only if there is a finding, based on clear and convincing evidence, that
this employment poses to the person a substantial risk of reoffending
or substantial obstacle to recovery from drug dependency.
EFFECTIVE DATE: January 1, 2022
§ 55 — PENALTIES FOR SALES TO UNDERAGE PER SONS
Establishes penalties for cannabis establishments and employees who sell to people under
age 21
Under the bill, cannabis establishment licensees, or their servants or
agents, who sell or deliver cannabis or cannabis products to people
under age 21 are subject to a fine of up to $1,000, up to one year in
prison, or both.
EFFECTIVE DATE: July 1, 2022
§ 56 — PHOTO IDENTIFICATION
Allows cannabis establishments and employees to require customers to have their photos
taken or show IDs to prove their age and provides an affirmative defense for relying on
these documents; otherwise limits the use of these photos or information; allows DCP to
require cannabis establishments to use an online age verification system
Under the bill, licensed cannabis establishments, or their agents or
employees (see below), may require identification as a condition of sale 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 60 4/15/21
for people whose age is in question. Specifically, they may (1) require
these people to have their photographs taken or (2) make a copy of the
driver’s license or non-driver identification (ID) card.
They are prohibited from using these photographs or photocopies
for any other purpose. This includes selling or otherwise distributing
these photographs, copies, or information from these copies to third
parties for any purpose, including marketing, advertising, or
promotional activities. But they may release these items or information
pursuant to a court order.
Affirmative Defense
The bill provides an affirmative defense for cannabis establishment
licensees, or their agents or employees, if they are prosecuted for
selling to underage individuals.
This defense applies if (1) they sold or delivered cannabis or
cannabis products to a minor (presumably, under age 21) in good faith
and in reasonable reliance on the identification presented and (2)
photographed the person and made a copy of the identification. To
support their defense, they may introduce evidence of the photograph
and ID copy.
Online System
The bill also allows the DCP commissioner to require cannabis
establishments to use an online age verification system.
Definitions
For these purposes, an “employee” is generally:
1. someone employed by a cannabis establishment or who
otherwise has access to it, or the vehicles used to transport
cannabis or cannabis products, including an independent
contractor with routine access to the premises or to the
establishment’s cannabis or cannabis products; or
2. a board member of a company with an ownership interest in a
cannabis establishment. 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 61 4/15/21
The bill provides that a “key employee” or “backer” is not
considered an employee for these purposes. Generally, a “key
employee” is a cannabis establishment’s president or chief officer,
financial manager, compliance manager, or someone with an
equivalent title.
A “backer” is someone with a direct or indirect financial interest in a
cannabis establishment. It does not include someone who (1) has an
investment interest of up to 5% of the total ownership or interest rights
(alone or with coworkers, employees, or a spouse, parent, or child) and
(2) does not participate in the establishment’s control, management, or
operation.
EFFECTIVE DATE: January 1, 2022
§ 57 — PENALTIES FOR INDUCI NG UNDERAGE PERSONS TO
BUY CANNABIS
Establishes penalties for inducing someone under age 21 to buy cannabis
Under the bill, anyone who induces someone under age 21 to buy
cannabis or cannabis products from a licensed seller is subject to a fine
of up to $1,000, up to one year in prison, or both.
These penalties do not apply to an inducement that furthers a law
enforcement agency’s official investigation or enforcement activity.
EFFECTIVE DATE: January 1, 2022
§ 58 — IDENTIFICATION USE AND PENALTIES FOR ATT EMPTED
PURCHASES BY UNDERAG E PERSONS
Allows driver’s licenses and non-driver ID cards to be used to prove age for buying
cannabis; establishes penalties for underage persons who misrepresent their age or use
someone else’s license in an attempt to buy cannabis
The bill authorizes (1) anyone who is at least age 21 and has a
driver’s license or non-driver ID card with a full-face photograph to
use it to prove their age when buying cannabis or cannabis products
and (2) a cannabis retailer to accept it as legal proof of age.
The bill subjects anyone who misrepresents his or her age, or uses
another person’s license, to obtain cannabis or cannabis products to a 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 62 4/15/21
fine of up to $250 for a first offense. A subsequent offense is a class D
misdemeanor, punishable by up to 30 days in prison, a fine of up to
$250, or both.
These penalties do not apply to someone who works for or on
behalf of a state agency to buy these products to test retailers’ age
verification and product controls.
EFFECTIVE DATE: January 1, 2022
§ 59 — PROHIBITION ON ALLOW ING UNDERAGE PERSONS TO
LOITER AT CANNABIS RETAILERS
Establishes penalties for cannabis retailers or their agents or employees who allow
individuals under age 21 to loiter at the premises
The bill generally prohibits cannabis retailers or their agents or
employees (as defined in § 56 above) from allowing individuals under
age 21 to loiter with the intent to buy or consume cannabis or cannabis
products unlawfully on the premises where these items are kept for
sale. This provision does not apply to cannabis establishment
employees who are age 18 to 20.
Under the bill, a first violation is an infraction, punishable by up to a
$1,000 fine. A subsequent violation is a class B misdemeanor,
punishable by up to six months in prison, a fine of up to $1,000, or
both.
EFFECTIVE DATE: January 1, 2022
COMMENT
Limit on School Suspensions Conflicts With Existing Law (§ 29)
The bill prohibits using out-of-school suspension for more than 10
days to discipline a student found to illegally possess cannabis on
school premises or while engaged in school activities. This provision
appears to conflict with the state school expulsion law that requires
expulsion if a student offers for sale or distribution a controlled
substance as defined in state law (CGS § 10-233d(a)). Cannabis is
defined in law as a controlled substance (CGS § 21a-240). Generally,
expulsions are for 12 months. 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 63 4/15/21
BACKGROUND
Contracts Clause
The contracts clause of the U.S. Constitution bars states from
passing any law that impairs the obligation of contracts. However, the
U.S. Supreme Court has held that claims of a contract clause violation
must undergo a three-step analysis to be found unconstitutional.
Courts must determine whether (1) there is a contractual relationship,
(2) a change in a law has impaired that relationship, and (3) the
impairment is substantial (General Motors Corp. v. Romein, 503 U.S. 181
(1992)).
If the court determines that the contract has been substantially
impaired, it must then determine whether the law at issue has a
legitimate and important public purpose and whether the adjustment
of the rights of the parties to the contractual relationship was
reasonable and appropriate in light of that purpose. A challenged law
will not be held to impair the contract clause if the impairment,
although substantial, is reasonable and necessary to fulfill an
important public purpose (Energy Reserves Group v. Kansas Power &
Light, 459 U.S. 400, 411-412 (1983)).
Penalties for DUI
A person convicted of DUI is subject to the criminal penalties listed
in Table 4. The law considers a subsequent conviction one that occurs
within 10 years after a prior conviction for the same offense (CGS § 14-
227a(g)). Higher penalties apply for DUI (1) with a child passenger
(CGS § 14-227m) or (2) while operating a school bus, student
transportation vehicle, or other vehicle specifically designed to carry
children (CGS § 14-227n).
Table 4: General DUI Penalties
Conviction Prison Sentence Fine License Suspension
First Either (1) up to six months
with a mandatory minimum
of two days or (2) up to six
months suspended with
probation requiring 100
hours of community service
$500-
$1,000
45 days, followed by one year
driving only a vehicle equipped
with an ignition interlock 2021HB-06377-R000462-BA.DOCX
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Second Up to two years, with a
mandatory minimum of 120
consecutive days and
probation with 100 hours
community service
$1,000-
$4,000
45 days, followed by three
years of driving only a vehicle
equipped with an ignition
interlock, with operation for the
first year limited to travel to or
from work, school, a treatment
program, an ignition interlock
service center, or a probation
appointment
Third and
Subsequent
Up to three years, with
mandatory minimum of one
year and probation with 100
hours community service
$2,000-
$8,000
License revoked, but the
offender is eligible for
reinstatement after two years (If
reinstated, he or she must drive
only interlock-equipped
vehicles, except that the DMV
commissioner may lift this
requirement after 15 years)
License suspension for conviction of a criminal DUI charge is in
addition to any previously imposed administrative license suspension
under the implied consent law. In addition to these penalties, the court
can order a driver to participate in an alcohol education and treatment
program (CGS § 14- 227a (j)).
DRE 12-Step Drug Influence Evaluation
The twelve steps of a drug influence evaluation conducted by a DRE
are:
1. breath alcohol test, to determine BAC;
2. interview of the arresting officer, to determine what he or she
saw or heard that could indicate drug use;
3. preliminary examination, to determine whether to continue the
evaluation;
4. eye examination for evidence of involuntary eye jerking and
other effects;
5. divided attention tests, such as finger-to-nose tests and one leg
stands; 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 65 4/15/21
6. vital sign examinations;
7. dark room examinations, for changes in the pupils with changes
in light;
8. muscle tone examination, to see if muscles are markedly tense
or flaccid;
9. examination for injection sites;
10. interview of the subject and logging other observations;
11. recording the evaluator’s opinion, based on the above tests; and
12. toxicological examination.
Admissibility of Evidence for Uninjured Drivers
By law, in order for chemical test results of an uninjured driver to be
admissible in court the following criteria must have been met:
1. the driver consented to taking the test and had a reasonable
chance to call a lawyer before taking it;
2. a copy of the test result was mailed or personally delivered to
the defendant within 24 hours or at the end of the next business
day after the results are known, whichever is later;
3. a police officer administered the test, or had it done at his or her
direction, using methods and equipment approved by DESPP
and according to DESPP regulations;
4. the test equipment was checked for accuracy according to
DESPP regulations;
5. generally, a second test of the same type was administered at
least 10 minutes after the first test (unless the second test is to
detect drugs, in which case it can be a different type and does
not have to be administered within that timeframe); and
6. the test began within two hours after operation (CGS § 14- 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 66 4/15/21
227a(b)).
IID Penalties
IIDs are installed in motor vehicles to prevent people from driving
under the influence of alcohol. They require the driver to breathe into
them to operate the vehicle. If the device detects a BAC above a certain
threshold, it prevents the vehicle from starting. IIDs also require the
driver to submit periodic breath samples while driving. Offenders
must pay DMV a $100 fee before the device is installed; DMV uses this
money to administer the interlock program. Offenders also must pay
the costs of installing and maintaining the devices (CGS § 14-227a(i)).
Boating Under the Influence Penalties
Table 5 shows the law’s penalties for boating under the influence. A
subsequent conviction is one that occurs within 10 years after a prior
conviction for the same offense (CGS § 15-133(h)).
Table 5: Boating Under the Influence Penalties
Offense Fine Prison/Community
Service
Suspension
First $500-$1,000 (1) Up to six months, with a
mandatory minimum of 48
consecutive hours and (2)
probation and 100 hours
community service
One year
Second $1,000-$4,000 (1) Up to two years, with a
mandatory minimum of 120
consecutive days and (2)
probation and 100 hours
community service
Three years, or until
age 21, whichever is
longer
Third $2,000-$8,000 (1) Up to three years, with
a mandatory minimum of
one year and (2) probation
and 100 hours community
service
Permanent
revocation
Related Bill
sSB 888, favorably reported by the Judiciary Committee, addresses
many of the same areas such as legalizing adult use and possession of
cannabis, creating licensure and oversight for commercial cannabis 2021HB-06377-R000462-BA.DOCX
Researcher: JM Page 67 4/15/21
businesses, and creating a process to erase records of certain cannabis
convictions.
COMMITTEE ACTION
Labor and Public Employees Committee
Joint Favorable Substitute
Yea 9 Nay 4 (03/25/2021)