CT
Connecticut House Bill HB06377

Connecticut 2021 Regular Session

Connecticut House Bill HB06377 Compare Versions

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7-General Assembly Substitute Bill No. 6377
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6+General Assembly Raised Bill No. 6377
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11+Referred to Committee on LABOR AND PUBLIC EMPLOYEES
12+
13+
14+Introduced by:
15+(LAB)
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1420 AN ACT CONCERNING LA BOR PEACE AGREEMENTS AND A
1521 MODERN AND EQUITABLE CANNABIS WORKFORCE.
1622 Be it enacted by the Senate and House of Representatives in General
1723 Assembly convened:
18-
19-Section 1. (NEW) (Effective from passage) As used in this section and 1
20-sections 2 to 33, inclusive, of this act, sections 36 and 37 of this act, 2
21-sections 47 to 50, inclusive, of this act, and sections 54 to 59, inclusive, of 3
22-this act, unless the context otherwise requires: 4
23-(1) "Cannabis" means cannabis type substances, as defined in section 5
24-21a-240 of the general statutes; 6
25-(2) "Consumer" means an individual who is twenty-one years of age 7
26-or older; 8
27-(3) "Cultivation" has the same meaning as provided in section 21a-9
28-408 of the general statutes; 10
29-(4) "Distribute" has the same meaning as provided in section 21a-240 11
30-of the general statutes; 12
31-(5) "Laboratory" means a laboratory located in the state that is 13
32-licensed to provide analysis of controlled substances pursuant to section 14
33-21a-246 and 21a-408r of the general statutes; 15 Substitute Bill No. 6377
24+Section 1. (NEW) (Effective from passage) As used in this section and sections 2 to 1
25+33, inclusive, of this act, unless the context otherwise requires: 2
26+(1) "Cannabis" means cannabis type substances, as defined in section 21a-240 of 3
27+the general statutes; 4
28+(2) "Consumer" means an individual who is twenty-one years of age or older; 5
29+(3) "Cultivation" means cultivation, as defined in section 21a-408 of the general 6
30+statutes; 7
31+(4) "Dispense" means dispense, as defined in section 21a-240 of the general 8
32+statutes; 9
33+(5) "Distribute" means distribute, as defined in section 21a-240 of the general 10
34+statutes; 11
35+(6) "Laboratory" means a laboratory located in the state that is licensed to 12 Raised Bill No. 6377
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40-(6) "Cannabis concentrate" includes tinctures and extracts; 16
41-(7) "Cannabis cultivation facility" means a facility licensed to 17
42-cultivate, prepare and package cannabis and sell cannabis to cannabis 18
43-product manufacturing facilities, cannabis retailers and other cannabis 19
44-cultivation facilities; 20
45-(8) "Cannabis establishment" or "cannabis business" means any 21
46-cannabis business licensed or seeking licensure by the Cannabis Control 22
47-Commission under section 13 of this act; 23
48-(9) "Cannabis lounge" means a type of social consumption 24
49-establishment approved for the exclusive or principal purpose of selling 25
50-cannabis or cannabis products for consumption on the premises, except 26
51-by smoking; 27
52-(10) "Cannabis product" means a cannabis concentrate or a product 28
53-that is comprised of cannabis or cannabis concentrates and other 29
54-ingredients and is intended for use or consumption; 30
55-(11) "Cannabis product manufacturing facility" means a facility 31
56-licensed to purchase cannabis, manufacture, prepare and package 32
57-cannabis products and sell cannabis and cannabis products to cannabis 33
58-product manufacturing facilities and cannabis retailers; 34
59-(12) "Cannabis retailer" means a person licensed (A) to purchase 35
60-cannabis from cannabis cultivation facilities, (B) to purchase cannabis 36
61-and cannabis products from cannabis product manufacturing facilities, 37
62-and (C) to sell cannabis and cannabis products to consumers; 38
63-(13) "Cannabis microbusiness" means a vertically integrated cannabis 39
64-business that does not have more than ten thousand total square feet of 40
65-space dedicated to the cultivation of cannabis plants or the manufacture 41
66-of cannabis products and that is (A) licensed to cultivate, process and 42
67-distribute cannabis and cannabis products to cannabis retailers and to 43
68-deliver its own cannabis or cannabis products directly to consumers 44
69-pursuant to a single license, and (B) eligible for approval as a social 45 Substitute Bill No. 6377
40+provide analysis of controlled substances pursuant to section 21a-246 or 21a-408 13
41+of the general statutes as authorized by this act; 14
42+(7) "Cannabis concentrate" includes tinctures and extracts; 15
43+(8) "Cannabis cultivation facility" means a facility licensed to cultivate, prepare 16
44+and package cannabis and sell cannabis to cannabis product manufacturing 17
45+facilities, cannabis retailers and other cannabis cultivation facilities; 18
46+(9) "Cannabis establishment" or "cannabis business" means any cannabis 19
47+business licensed or seeking licensure by the Cannabis Control Commission under 20
48+this act; 21
49+(10) "Cannabis product" means a cannabis concentrate or a product that is 22
50+comprised of cannabis or cannabis concentrates and other ingredients and is 23
51+intended for use or consumption; 24
52+(11) "Cannabis product manufacturing facility" means a facility licensed to 25
53+purchase cannabis, manufacture, prepare and package cannabis products and sell 26
54+cannabis and cannabis products to cannabis product manufacturing facilities and 27
55+cannabis retailers; 28
56+(12) "Cannabis retailer" means a person registered (A) to purchase cannabis 29
57+from cannabis cultivation facilities, (B) to purchase cannabis and cannabis 30
58+products from cannabis product manufacturing facilities, and (C) to sell cannabis 31
59+and cannabis products to consumers; 32
60+(13) "Cannabis microbusiness" means a vertically integrated cannabis business 33
61+that does not exceed ten thousand total square feet dedicated to the cultivation of 34
62+cannabis plants or the manufacture of cannabis products and that is permitted to 35
63+cultivate, process and distribute cannabis and cannabis products to licensed 36
64+retailers and to deliver its own cannabis or cannabis products direct to consumers 37
65+pursuant to a single license; 38
66+(14) "Bona fide labor organization" means a labor union (A) that represents 39
67+employees in this state with regard to wages, hours and working conditions, (B) 40
68+whose officers have been elected by a secret ballot or otherwise in a manner 41
69+consistent with federal law, (C) that is free of domination or interference by any 42
70+employer, (D) that has received no improper assistance or support from any 43 Raised Bill No. 6377
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76-consumption establishment; 46
77-(14) "Bona fide labor organization" means a labor union (A) that 47
78-represents employees in this state with regard to wages, hours and 48
79-working conditions, (B) whose officers have been elected by a secret 49
80-ballot or otherwise in a manner consistent with federal law, (C) that is 50
81-free of domination or interference by any employer, (D) that has 51
82-received no improper assistance or support from any employer, and (E) 52
83-that is actively seeking to represent cannabis workers in this state; 53
84-(15) "Equity" and "equitable" mean or refer to efforts, regulations, 54
85-policies, programs, standards, processes and any other functions of 55
86-government or principles of law and governance intended to: (A) 56
87-Identify and remedy past and present patterns of discrimination and 57
88-disparities of race, ethnicity, gender and sexual orientation; (B) ensure 58
89-that such patterns of discrimination and disparities, whether intentional 59
90-or unintentional, are neither reinforced nor perpetuated; and (C) 60
91-prevent the emergence and persistence of foreseeable future patterns of 61
92-discrimination or disparities of race, ethnicity, gender and sexual 62
93-orientation; 63
94-(16) "Equity applicant" means an applicant for a license issued by the 64
95-Cannabis Control Commission who shall have priority eligibility for 65
96-licensure based on criteria and qualifications established pursuant to 66
97-section 13 of this act; 67
98-(17) "Labor peace agreement" means an agreement between a 68
99-cannabis establishment and a bona fide labor organization that protects 69
100-the state's interests by, at a minimum, prohibiting the labor organization 70
101-from engaging in picketing, work stoppages or boycotts against the 71
102-cannabis establishment; 72
103-(18) "Social consumption establishment" means a facility or venue or 73
104-a dedicated part of a facility or venue that is (A) approved to sell 74
105-cannabis or cannabis products to consumers for consumption on the 75
106-premises of the facility or venue, except by smoking, or (B) approved to 76 Substitute Bill No. 6377
75+employer, and (E) that is actively seeking to represent cannabis workers in this 44
76+state; 45
77+(15) "Equity" and "equitable" mean or refer to efforts, regulations, policies, 46
78+programs, standards, processes and any other functions of government or 47
79+principles of law and governance intended to: (A) Identify and remedy past and 48
80+present patterns of discrimination and disparities of race, ethnicity, gender and 49
81+sexual orientation; (B) ensure that such patterns of discrimination and disparities, 50
82+whether intentional or unintentional, are neither reinforced nor perpetuated; and 51
83+(C) prevent the emergence and persistence of foreseeable future patterns of 52
84+discrimination or disparities of race, ethnicity, gender, and sexual orientation; and 53
85+(16) "Labor peace agreement" means an agreement between a cannabis 54
86+establishment and a bona fide labor organization that protects the state's interests 55
87+by, at minimum, prohibiting the labor organization from engaging in picketing, 56
88+work stoppages or boycotts against the cannabis establishment. 57
89+Sec. 2. (NEW) (Effective from passage) (a) The sum of XX dollars shall be 58
90+appropriated, annually and at the start of each fiscal year, for five consecutive 59
91+fiscal years, to the Department of Economic and Community Development, from 60
92+the General Fund for the purposes specified in this section. The first year of 61
93+funding under this section shall begin with the fiscal year ending June 30, 2022. 62
94+The funding under this section shall go to the following purposes: 63
95+(1) To provide grants-in-aid to create, support and deliver workforce training, 64
96+education and other programs that prepare individuals with an adverse criminal 65
97+history related to cannabis and who reside in the state or on tribal lands within the 66
98+state to participate in the lawful cannabis business sector and in secondary 67
99+industries that directly support such sector. The grants-in-aid created pursuant to 68
100+this section may be directed toward workforce training providers, educational 69
101+institutions, economic development and human services agencies, labor unions, 70
102+private employers, not-for-profit community organizations, not-for-profit 71
103+economic development organizations, local governments and other public and 72
104+private entities as identified by the Department of Economic and Community 73
105+Development, in consultation with the Department of Labor, the Black and Puerto 74
106+Rican Caucus of the General Assembly, the Governor's Workforce Council and the 75
107+Cannabis Control Commission, established pursuant to section 8 of this act and 76 Raised Bill No. 6377
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113-allow consumers to bring cannabis or cannabis products to the premises 77
114-of the facility or venue for the exclusive purpose of personal 78
115-consumption on the premises of the facility or venue, except by 79
116-smoking, without the intent to sell, distribute for compensation of any 80
117-kind or engage in any other manner of commercial transaction involving 81
118-cannabis or cannabis products; and 82
119-(19) "Cannabis Control Commission" means the commission 83
120-established pursuant to section 8 of this act. 84
121-Sec. 2. (NEW) (Effective from passage) (a) The sum of five million 85
122-dollars is appropriated to the Department of Economic and Community 86
123-Development from the General Fund, for each fiscal year ending June 87
124-30, 2022, to June 30, 2026, inclusive, for the following purposes: 88
125-(1) To provide grants-in-aid to create, support and deliver workforce 89
126-training, education and other programs that prepare individuals with 90
127-an adverse criminal history related to cannabis and who reside in the 91
128-state or on tribal lands within the state to participate in the lawful 92
129-cannabis business sector and in secondary industries that directly 93
130-support such sector. The grants-in-aid provided pursuant to this section 94
131-may be directed toward workforce training providers, educational 95
132-institutions, economic development and human services agencies, labor 96
133-unions, private employers, not-for-profit community organizations, 97
134-not-for-profit economic development organizations, local governments 98
135-and other public and private entities as identified by the Department of 99
136-Economic and Community Development, in consultation with the 100
137-Labor Department, the Black and Puerto Rican Caucus of the General 101
138-Assembly, the Governor's Workforce Council, the Cannabis Control 102
139-Commission and the Office of Justice Reinvestment established 103
140-pursuant to section 18 of this act. 104
141-(2) To provide grants-in-aid or low-interest loans in support of equity 105
142-among new small cannabis businesses operating in the state or on tribal 106
143-lands within the state and that commit to engaging in substantial 107
144-workforce development, apprenticeships or on-the-job training and 108 Substitute Bill No. 6377
112+the Office of Justice Reinvestment, established pursuant to section 18 of this act. 77
113+(2) To provide grants-in-aid or low-interest loans in support of equity among 78
114+new small cannabis businesses operating in the state or on tribal lands within the 79
115+state and that commit to engaging in substantial workforce development, 80
116+apprenticeships, or on-the-job training and education, in ways generally 81
117+consistent with subdivision (1) of this section for individuals with an adverse 82
118+criminal history related to cannabis. 83
119+(3) To provide grants-in-aid and loans to municipalities, community 84
120+development corporations and other public or private entities for the purpose of 85
121+rehabilitating disused or abandoned industrial and commercial facilities and 86
122+remediating brownfields, provided that such facilities and remediated areas be 87
123+reserved for the use of cannabis equity applicants and licensees, pursuant to this 88
124+section, sections 3 to 33, inclusive, of this act and any regulations adopted pursuant 89
125+to said sections, and to support environmental justice in communities of color and 90
126+low-income communities. 91
127+(4) To support the administration of such grants-in-aid, which may include the 92
128+hiring of additional staff, contracting with vendors, engaging in public outreach 93
129+and education and the funding of any other measures that the Commissioner of 94
130+Economic and Community Development deems necessary to ensure that grants 95
131+and loans issued pursuant to this section are distributed in an equitable manner 96
132+and are spent in compliance with regulations adopted pursuant to this section and 97
133+sections 3 to 33, inclusive, of this act. 98
134+(b) The Commissioner of Economic and Community Development shall adopt 99
135+regulations, in accordance with the provisions of chapter 54 of the general statutes, 100
136+and shall issue guidance and create such forms and procedures as he or she deems 101
137+reasonable and necessary to ensure that grants-in-aid funded pursuant to this 102
138+section are distributed in an equitable manner and are used in a cost-effective 103
139+manner for their intended purpose. 104
140+Sec. 3. (NEW) (Effective from passage) (a) On and after one year from the effective 105
141+date of this section, in order for the state to relieve employees, job seekers, 106
142+employers and businesses of the unjustified stigmatization of cannabis and to 107
143+further support the establishment of a modernized and equitable cannabis 108
144+business sector, the following nondiscrimination and antiretaliation protections 109 Raised Bill No. 6377
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151-education, in ways generally consistent with the provisions of 109
152-subdivision (1) of this subsection for individuals with an adverse 110
153-criminal history related to cannabis. 111
154-(3) To provide grants-in-aid and loans to municipalities, community 112
155-development corporations and other public or private entities for the 113
156-purpose of rehabilitating disused or abandoned industrial and 114
157-commercial facilities and remediating brownfields, provided such 115
158-facilities and remediated areas are reserved for the use of cannabis 116
159-equity applicants and licensees, pursuant to section 13 of this act and 117
160-any regulations adopted pursuant to said section, and to support 118
161-environmental justice in communities of color and low-income 119
162-communities. 120
163-(4) To support the administration of such grants-in-aid, which may 121
164-include the hiring of additional staff, contracting with vendors, 122
165-engaging in public outreach and education and the funding of any other 123
166-measures that the Commissioner of Economic and Community 124
167-Development deems necessary to ensure that grants and loans issued 125
168-pursuant to this section are provided in an equitable manner and are 126
169-spent in compliance with regulations adopted pursuant to this section. 127
170-(b) The Commissioner of Economic and Community Development 128
171-shall adopt regulations, in accordance with the provisions of chapter 54 129
172-of the general statutes, and shall issue guidance and create such forms 130
173-and procedures as the commissioner deems reasonable and necessary to 131
174-ensure that grants-in-aid funded pursuant to the provisions of this 132
175-section are distributed in an equitable manner and are used in a cost-133
176-effective manner for their intended purpose. 134
177-(c) For five consecutive years, beginning with the fiscal year ending 135
178-June 30, 2022, funds disbursed under subsection (a) of this section shall 136
179-be disbursed exclusively to individuals, organizations or public 137
180-municipal entities that are located in any one or more of the following 138
181-twelve municipalities: Hartford, New Haven, Bridgeport, Waterbury, 139
182-New London, Windham, New Britain, Bloomfield, Norwalk, 140 Substitute Bill No. 6377
149+shall apply to all employers: 110
150+(1) No employer may implement a policy prohibiting the possession, use or 111
151+other consumption of cannabis in the course of employment by an employee 112
152+unless such policy is: (A) In writing, (B) equally applicable to each employee, (C) 113
153+made available to each employee prior to the enactment of such policy, and (D) 114
154+directly related to a clear business necessity. The employer shall provide any such 115
155+written policy to each prospective employee at the time the employer makes an 116
156+offer of employment to the prospective employee. 117
157+(2) No employer or agent of any employer shall require, as a condition of 118
158+employment, that any employee or prospective employee refrain from using 119
159+cannabis outside the course of his or her employment, or otherwise discriminate 120
160+against any employee with respect to compensation, terms, conditions or 121
161+privileges of employment for using cannabis outside the course of his or her 122
162+employment. 123
163+(3) No employer or agent of any employer shall discriminate against any 124
164+employee or prospective employee on the basis of his or her prior, current or 125
165+future involvement in lawful cannabis commerce in this state, or in any other state, 126
166+territory, district, tribe or other jurisdiction. 127
167+(4) No employer or agent of any employer shall retaliate against any employee 128
168+or prospective employee for alleging a violation of any part of this section or 129
169+assisting in any investigation of an alleged violation of any part of this section, or 130
170+for assisting another employee or prospective employee in seeking to redress an 131
171+alleged violation of any part of this section. 132
172+(b) The provisions of this section shall not apply to any position or condition of 133
173+employment governed by federal law or regulation that clearly preempts any 134
174+provision of this section with regard to an employee's possession, use or other 135
175+consumption of cannabis or involvement in lawful cannabis commerce. 136
176+(c) If an employer has violated any provision of this section and is not otherwise 137
177+exempted by subsection (b) of this section or other superseding provision of state, 138
178+federal or tribal law, an individual aggrieved by such violation may bring a civil 139
179+action for compensatory damages and judicial enforcement of such provision in 140
180+the superior court for the judicial district where the violation is alleged to have 141 Raised Bill No. 6377
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189-Torrington, Ansonia and Derby. 141
190-(d) After the five-year exclusivity period under subsection (c) of this 142
191-section, funds may be disbursed in accordance with the provisions of 143
192-subsection (a) of this section to individuals, organizations or municipal 144
193-entities in any municipality, including any municipality set forth in 145
194-subsection (c) of this section. 146
195-Sec. 3. (NEW) (Effective from passage) (a) On and after one year after 147
196-the effective date of this section, in order for the state to relieve 148
197-employees, job seekers, employers and businesses of the unjustified 149
198-stigmatization of cannabis and to further support the establishment of a 150
199-modernized and equitable cannabis business sector, the following 151
200-nondiscrimination and antiretaliation protections shall apply to all 152
201-employers: 153
202-(1) No employer may implement a policy prohibiting the possession, 154
203-use or other consumption of cannabis in the course of employment by 155
204-an employee unless such policy is: (A) In writing, (B) equally applicable 156
205-to each employee, (C) made available to each employee prior to the 157
206-enactment of such policy, and (D) directly related to a clear business 158
207-necessity. The employer shall provide any such written policy to each 159
208-prospective employee at the time the employer makes an offer of 160
209-employment to the prospective employee. 161
210-(2) No employer or agent of any employer shall require, as a 162
211-condition of employment, that any employee or prospective employee 163
212-refrain from using cannabis outside the course of his or her 164
213-employment, or otherwise discriminate against any employee with 165
214-respect to compensation, terms, conditions or privileges of employment 166
215-for using cannabis outside the course of his or her employment. 167
216-(3) No employer or agent of any employer shall discriminate against 168
217-any employee or prospective employee on the basis of his or her prior, 169
218-current or future involvement in lawful cannabis commerce in this state 170
219-or in any other state, territory, district, tribal land or other jurisdiction. 171 Substitute Bill No. 6377
185+occurred or where the employer has its principal office. Any such individual who 142
186+prevails in such civil action shall be awarded reasonable attorney's fees and costs. 143
187+Sec. 4. (NEW) (Effective from passage) There is established a cannabis equity task 144
188+force whose purpose shall be to study, make findings of fact for and issue 145
189+recommendations to the General Assembly and the Governor regarding equity, as 146
190+are relevant to the establishment and regulation of cannabis cultivation, 147
191+manufacture and sale as a lawful and modern business sector in the state. The task 148
192+force shall be composed of seven commissioners, four of whom shall be appointed 149
193+by the Black and Puerto Rican Caucus of the General Assembly, one who shall be 150
194+the Labor Commissioner, or his or her designee, one who shall be the 151
195+Commissioner of Consumer Protection, or his or her designee, and one who shall 152
196+be the Commissioner of Economic and Community Development, or his or her 153
197+designee. The task force shall choose a chairperson from among its commissioners. 154
198+Except for the Commissioners of Labor, Consumer Protection and Economic and 155
199+Community Development, any task force commissioner may be removed by such 156
200+commissioner's appointing authority at any time and a replacement shall be 157
201+appointed not later than fourteen days after the date of such commissioner's 158
202+removal. Commissioners shall be chosen from persons having no present or 159
203+pending financial or managerial interest in any cannabis establishment or other 160
204+cannabis business in this state or in any other place or who have entirely divested 161
205+themselves of any financial or managerial interest in any cannabis establishment 162
206+or other cannabis business in this state or in any other place not less than fourteen 163
207+days prior to accepting appointment as a commissioner. The Equity Task Force 164
208+shall establish such rules for its meetings and governance as it deems reasonable 165
209+and necessary to carry out its purpose and described in this section, section 2 to 4, 166
210+inclusive, of this act and sections 5 to 33, inclusive, of this act, provided, a quorum 167
211+of not less than four commissioners shall be required to be present for any binding 168
212+vote of the task force. 169
213+Sec. 5. (NEW) (Effective from passage) Not later than one year after the 170
214+appointment of the seventh commissioner to the cannabis equity task force 171
215+pursuant to section 4 of this act, said task force shall issue a written report, in 172
216+accordance with the provisions of section 11-4a of the general statutes, to the 173
217+General Assembly and Governor, with detailed findings of fact regarding the 174
218+following matters in the state: 175 Raised Bill No. 6377
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226-(4) No employer or agent of any employer shall retaliate against any 172
227-employee or prospective employee for alleging a violation of any part 173
228-of this section or assisting in any investigation of an alleged violation of 174
229-any part of this section, or for assisting another employee or prospective 175
230-employee in seeking to redress an alleged violation of any part of this 176
231-section. 177
232-(b) The provisions of this section shall not apply to any position or 178
233-condition of employment governed by federal law or regulation that 179
234-preempts any provision of this section with regard to an employee's 180
235-possession, use or other consumption of cannabis or involvement in 181
236-lawful cannabis commerce. 182
237-(c) If an employer has violated any provision of this section and is not 183
238-otherwise exempted by subsection (b) of this section or other 184
239-superseding provision of state, federal or tribal law, an individual 185
240-aggrieved by such violation may bring a civil action for compensatory 186
241-damages and judicial enforcement of such provision in the superior 187
242-court for the judicial district where the violation is alleged to have 188
243-occurred or where the employer has its principal office. Any such 189
244-individual who prevails in such civil action shall be awarded reasonable 190
245-attorney's fees and costs. 191
246-Sec. 4. (NEW) (Effective from passage) There is established a cannabis 192
247-equity task force whose purpose shall be to study, make findings of fact 193
248-for and issue recommendations to the General Assembly and the 194
249-Governor regarding equity, as such findings and recommendations are 195
250-relevant to the establishment and regulation of cannabis cultivation, 196
251-manufacture and sale as a lawful and modern business sector in the 197
252-state. The task force shall be composed of seven commissioners, four of 198
253-whom shall be appointed by the Black and Puerto Rican Caucus of the 199
254-General Assembly, one of whom shall be the Labor Commissioner, or 200
255-the commissioner's designee, one of whom shall be the Commissioner 201
256-of Consumer Protection, or the commissioner's designee, and one of 202
257-whom shall be the Commissioner of Economic and Community 203
258-Development, or the commissioner's designee. The task force shall elect 204 Substitute Bill No. 6377
223+(1) Historical and present-day social, economic and familial consequences of 176
224+cannabis prohibition, the criminalization and stigmatization of cannabis use and 177
225+related public policies; 178
226+(2) Historical and present-day structures, patterns, causes and consequences of 179
227+intentional and unintentional racial discrimination and racial disparities in the 180
228+development, application and enforcement of cannabis prohibition and related 181
229+public policies; 182
230+(3) Foreseeable long-term social, economic and familial consequences of 183
231+unremedied past racial discrimination and disparities arising from past and 184
232+continued cannabis prohibition, stigmatization and criminalization; 185
233+(4) Existing patterns of racial discrimination and racial disparities in access to 186
234+entrepreneurship, employment and other economic benefits arising in the lawful 187
235+palliative use cannabis sector as established pursuant to chapter 420f of the general 188
236+statutes; and 189
237+(5) Any other matters that the task force deems relevant and feasible for study 190
238+for the purpose of making reasonable and practical recommendations for the 191
239+establishment of an equitable and lawful adult-use cannabis business sector in this 192
240+state. 193
241+Sec. 6. (NEW) (Effective from passage) (a) Simultaneous with the issuance of its 194
242+detailed findings of fact pursuant to section 5 of this act, and based upon such 195
243+findings, the cannabis equity task force shall issue specific recommendations for 196
244+statutory enactments, amendments and repeals, the adoption or amendment of 197
245+regulations, executive orders, programs, agencies, commissions, grants, financial 198
246+instruments and any other tools of governance, public policy and public or private 199
247+finance and investment that it deems: 200
248+(1) Necessary and feasible for the General Assembly and the Governor to 201
249+implement in order to create and regulate an equity-based and lawful adult-use 202
250+cannabis business sector; 203
251+(2) Necessary and feasible to remedy and uproot past and present patterns of 204
252+racial and other forms of unlawful discrimination arising directly or indirectly 205
253+from cannabis prohibition, stigmatization, and criminalization; and 206 Raised Bill No. 6377
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265-a chairperson from among its commissioners. Except for the Labor 205
266-Commissioner and the Commissioners of Consumer Protection and 206
267-Economic and Community Development, any commissioner may be 207
268-removed by such commissioner's appointing authority at any time and 208
269-a replacement shall be appointed not later than fourteen days after the 209
270-date of such commissioner's removal. No commissioner appointed by 210
271-the Black and Puerto Rican Caucus of the General Assembly may have 211
272-any present or pending financial or managerial interest in any cannabis 212
273-establishment or other cannabis business in this state and shall have 213
274-entirely divested themselves of any financial or managerial interest such 214
275-person had in any cannabis establishment or other cannabis business in 215
276-this state not less than fourteen days prior to accepting an appointment 216
277-as a commissioner. The equity task force shall establish such rules for 217
278-the task force's meetings and governance as the task force deems 218
279-reasonable and necessary to carry out the purpose described in this 219
280-section and sections 5 and 6 of this act, provided a quorum of not less 220
281-than four commissioners shall be required to be present for any binding 221
282-vote of the task force. 222
283-Sec. 5. (NEW) (Effective from passage) Not later than one year after the 223
284-appointment of the seventh commissioner to the cannabis equity task 224
285-force pursuant to section 4 of this act, said task force shall issue a written 225
286-report, in accordance with the provisions of section 11-4a of the general 226
287-statutes, to the General Assembly and the Governor, with detailed 227
288-findings of fact regarding the following matters in the state: 228
289-(1) Historical and present-day social, economic and familial 229
290-consequences of cannabis prohibition, the criminalization and 230
291-stigmatization of cannabis use and related public policies; 231
292-(2) Historical and present-day structures, patterns, causes and 232
293-consequences of intentional and unintentional racial discrimination and 233
294-racial disparities in the development, application and enforcement of 234
295-cannabis prohibition and related public policies; 235
296-(3) Foreseeable long-term social, economic and familial consequences 236 Substitute Bill No. 6377
258+(3) Necessary and feasible for the General Assembly and the Governor to 207
259+improve and achieve equity within the palliative-use cannabis sector established 208
260+pursuant to chapter 420f of the general statutes. 209
261+(b) The cannabis equity task force shall also issue recommendations regarding: 210
262+(1) The criteria and regulatory structure the Cannabis Control Commission, as 211
263+established pursuant to section 8 of this act, should use when defining "equity 212
264+applicant" and "equity applicant ownership of a cannabis business", for purposes 213
265+of licensure. Such recommendations shall include, but not be limited to: 214
266+(A) (i) Criteria an individual or business should meet in order to be classified as 215
267+an equity applicant or business; (ii) benefits and responsibilities that should 216
268+accompany such classification; and (iii) limitations and controls that the 217
269+Commission should impose on the ownership, transfer and sale of businesses 218
270+receiving the benefits of equity-related licensure; 219
271+(B) The amount of capital and overall number of cannabis businesses needed to 220
272+sustain an equitable cannabis business sector and workforce composition in the 221
273+state; and 222
274+(C) The amendment of cannabis-related criminal statutes, penalties and related 223
275+collateral civil consequences of convictions. 224
276+Sec. 7. (NEW) (Effective from passage) The cannabis equity task force shall have a 225
277+budget of XX dollars allocated from the General Fund. From such budget, the task 226
278+force shall contract with researchers and research organizations and may hire staff 227
279+and otherwise purchase goods and services in order to carry out its duties and 228
280+purposes pursuant to sections X to XX, inclusive, of this act, in a thorough and 229
281+timely manner. In selecting researchers and research organizations to conduct 230
282+such study the task force shall prioritize the hiring of researchers and research 231
283+organizations with substantial experience in qualitative and quantitative research 232
284+related to race and racial disparities, including, but not limited to, quantifying the 233
285+economic and social impact of racism and racial discrimination. The task force 234
286+shall also prioritize the hiring of research organizations that are certified minority-235
287+owned businesses operating in the state. No part of this section shall be interpreted 236
288+to limit the number or areas of knowledge and expertise of researchers and 237
289+research organizations that the task force may hire. The task force shall be 238 Raised Bill No. 6377
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303-of unremedied past racial discrimination and disparities arising from 237
304-past and continued cannabis prohibition, stigmatization and 238
305-criminalization; 239
306-(4) Existing patterns of racial discrimination and racial disparities in 240
307-access to entrepreneurship, employment and other economic benefits 241
308-arising in the lawful palliative use cannabis sector as established 242
309-pursuant to chapter 420f of the general statutes; and 243
310-(5) Any other matters that the task force deems relevant and feasible 244
311-for study for the purpose of making reasonable and practical 245
312-recommendations for the establishment of an equitable and lawful 246
313-adult-use cannabis business sector in this state. 247
314-Sec. 6. (NEW) (Effective from passage) (a) Simultaneous with the 248
315-issuance of the detailed findings of fact pursuant to section 5 of this act, 249
316-and based upon such findings, the cannabis equity task force shall issue 250
317-specific recommendations for legislation, the adoption or amendment 251
318-of regulations, executive orders, programs, agencies, commissions, 252
319-grants, financial instruments and any other tools of governance, public 253
320-policy and public or private finance and investment that it deems: 254
321-(1) Necessary and feasible for the General Assembly and the 255
322-Governor to implement in order to create and regulate an equity-based 256
323-and lawful adult-use cannabis business sector; 257
324-(2) Necessary and feasible to remedy and uproot past and present 258
325-patterns of racial and other forms of unlawful discrimination arising 259
326-directly or indirectly from cannabis prohibition, stigmatization, and 260
327-criminalization; and 261
328-(3) Necessary and feasible for the General Assembly and the 262
329-Governor to improve and achieve equity within the palliative-use 263
330-cannabis sector established pursuant to chapter 420f of the general 264
331-statutes. 265
332-(b) The cannabis equity task force shall also issue recommendations 266 Substitute Bill No. 6377
294+responsible for supervising and managing all hires of any kind made pursuant to 239
295+this section. Any moneys remaining unspent after the completion of duties of the 240
296+task force pursuant to sections X to XX, inclusive, of this act shall be retained in 241
297+trust and remitted to the Cannabis Control Commission to support the 242
298+commission's first year of operations. 243
299+Sec. 8. (NEW) (Effective from passage) (a) Not later than six months after the 244
300+issuance of the findings of fact and recommendations of the cannabis equity task 245
301+force pursuant to section X of this act, there shall be appointed and seated a 246
302+Cannabis Control Commission, composed of five commissioners. Two of the 247
303+commissioners of the commission shall be appointed by the Black and Puerto 248
304+Rican Caucus of the General Assembly and the remaining commissioners shall be 249
305+the Commissioners of Labor, Consumer Protection and Economic and Community 250
306+Development, or a qualified designee of such commissioners. The commissioners 251
307+appointed by the Black and Puerto Rican Caucus shall be appointed for a two-year 252
308+term, renewable by such caucus at the end of each such term. Each commissioner 253
309+appointed by the Black and Puerto Rican Caucus shall receive a base salary of not 254
310+less than XX dollars annually. The appointing authority for each commissioner of 255
311+the Cannabis Control Commission may remove its appointed commissioner at any 256
312+time, for cause. No vacancy on the Cannabis Control Commission shall be 257
313+permitted for longer than thirty consecutive days. 258
314+(b) The Cannabis Control Commission shall employ an executive director and 259
315+may establish, alter and remove subordinate offices within said commission. Said 260
316+commission may hire staff, contract with personnel and vendors, establish an 261
317+operational budget, expend moneys, communicate with the general public and 262
318+carry out all other ordinary duties and activities of a regulatory agency. 263
319+(c) The Cannabis Control Commission shall establish rules for its own 264
320+operations and decision-making, provided no decisions of public policy are made 265
321+without a properly convened quorum, which shall consist of a minimum of three 266
322+commissioners. 267
323+Sec. 9. (NEW) (Effective from passage) (a) The Cannabis Control Commission 268
324+established pursuant to section X of this act shall be an independent regulatory 269
325+agency and shall have exclusive regulatory authority and oversight over all 270
326+aspects of the cultivation, production, distribution, transport, sale and other 271 Raised Bill No. 6377
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339-regarding: 267
340-(1) The criteria and regulatory structure the Cannabis Control 268
341-Commission should use when defining "equity applicant" and "equity 269
342-applicant ownership of a cannabis business", for purposes of licensure. 270
343-Such recommendations shall include, but not be limited to: 271
344-(A) (i) Criteria an individual or business should meet to be classified 272
345-as an equity applicant or business; (ii) benefits and responsibilities that 273
346-should accompany such classification; and (iii) limitations and controls 274
347-the commission should impose on the ownership, transfer and sale of 275
348-businesses receiving the benefits of equity-related licensure; 276
349-(B) The amount of capital and overall number of cannabis businesses 277
350-needed to sustain an equitable cannabis business sector and workforce 278
351-composition in the state; and 279
352-(C) The amendment of cannabis-related criminal statutes, penalties 280
353-and related collateral civil consequences of convictions. 281
354-Sec. 7. (NEW) (Effective from passage) The cannabis equity task force 282
355-shall have a budget of five hundred thousand dollars allocated from the 283
356-General Fund. From such budget, the task force shall contract with 284
357-researchers and research organizations and may hire staff and otherwise 285
358-purchase goods and services in order to carry out its duties and 286
359-purposes pursuant to this section and sections 4 to 6, inclusive, of this 287
360-act, in a thorough and timely manner. In selecting researchers and 288
361-research organizations to conduct a study pursuant to section 4 of this 289
362-act, the task force shall prioritize the hiring of researchers and research 290
363-organizations with substantial experience in qualitative and 291
364-quantitative research related to race and racial disparities, including, but 292
365-not limited to, quantifying the economic and social impact of racism and 293
366-racial discrimination. The task force shall prioritize the hiring of 294
367-research organizations that are certified minority-owned businesses 295
368-operating in the state. No part of this section shall be interpreted to limit 296
369-the number or areas of knowledge and expertise of researchers and 297 Substitute Bill No. 6377
331+commerce in cannabis and cannabis products for nonpalliative and nonmedical 272
332+use, except as expressly provided for in sections X to XX, inclusive, of this act. 273
333+Nothing in said sections shall prevent the Cannabis Control Commission from 274
334+cooperating with other departments, agencies or state or local authorities, 275
335+provided the Cannabis Control Commission may not delegate final decision-276
336+making authority on any matter of regulation, public policy, licensure, funding, 277
337+inspection, compliance or discipline under its jurisdiction to any authority or body 278
338+outside of said commission and its subordinate offices. 279
339+(b) The Cannabis Control Commission may, consistent with sections X to XX, 280
340+inclusive, of this act and chapter 54 of the general statutes, adopt regulations to 281
341+establish a system of licenses for commerce in cannabis, investigate applicants, 282
342+licensees and other relevant persons, set standards, set and waive fees, hold 283
343+administrative hearings, impose discipline and otherwise take such measures and 284
344+exercise such regulatory powers as necessary to establish a modern well-regulated 285
345+cannabis business sector, to ensure equity in all aspects of the sector and to protect 286
346+public safety and public health related to the use of cannabis. 287
347+(c) In carrying out its duties and exercising its authority pursuant to sections X 288
348+to XX, inclusive, of this act, the Cannabis Control Commission shall adopt the 289
349+findings of fact and seek to implement the recommendations issued by the 290
350+cannabis equity task force. The Cannabis Control Commission and its Office of 291
351+Justice Reinvestment, shall report publicly every six months to the Governor and 292
352+General Assembly on the Cannabis Control Commission's progress toward 293
353+implementation of the recommendations of the cannabis equity task force, until 294
354+such time as all such recommendations are fulfilled. 295
355+Sec. 10. (NEW) (Effective from passage) If any provision of sections X to XX, 296
356+inclusive, of this act or any provision of any regulation adopted pursuant to said 297
357+sections conflicts with any provision of chapter 420f of the general statutes, the 298
358+provisions of sections X to XX, inclusive, of this act shall prevail. 299
359+Sec. 11. (NEW) (Effective from passage) No person or entity licensed by the 300
360+Cannabis Control Commission may hold itself out as providing for the palliative 301
361+use of marijuana or cannabis, as defined in chapter 420f of the general statutes, or 302
362+otherwise provide for the medical use of cannabis, unless licensed by the 303
363+Department of Consumer Protection pursuant to said chapter and regulations 304 Raised Bill No. 6377
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376-research organizations that the task force may hire. The task force shall 298
377-be responsible for supervising and managing all hires made pursuant to 299
378-this section. Any moneys remaining after the completion of duties of the 300
379-task force pursuant to this section and sections 4 to 6, inclusive, of this 301
380-act shall be retained in trust and remitted to the Cannabis Control 302
381-Commission to support the commission's first year of operations. 303
382-Sec. 8. (NEW) (Effective from passage) (a) Not later than six months 304
383-after the date the cannabis equity task force issues findings of fact and 305
384-recommendations pursuant to section 5 of this act, there shall be 306
385-appointed and seated a Cannabis Control Commission, composed of 307
386-five commissioners. Two of the commissioners of the commission shall 308
387-be appointed by the Black and Puerto Rican Caucus of the General 309
388-Assembly and the remaining commissioners shall be the Labor 310
389-Commissioner and the Commissioners of Consumer Protection and 311
390-Economic and Community Development, or a qualified designee of 312
391-such commissioners. The commissioners appointed by the Black and 313
392-Puerto Rican Caucus shall be appointed for a two-year term, renewable 314
393-by such caucus at the end of each such term. Each commissioner 315
394-appointed by the Black and Puerto Rican Caucus shall receive a base 316
395-salary of not less than one hundred thousand dollars annually and may 317
396-be removed by the caucus for cause at any time. No vacancy on the 318
397-commission shall be permitted for longer than thirty consecutive days. 319
398-(b) The commission shall employ an executive director and may 320
399-establish, alter and remove subordinate offices within said commission. 321
400-Said commission may hire staff, contract with personnel and vendors, 322
401-establish an operational budget, expend moneys, communicate with the 323
402-general public and carry out all other ordinary duties and activities of a 324
403-regulatory agency. 325
404-(c) The commission shall establish rules for its operations and 326
405-decision-making, provided no decisions of public policy shall be made 327
406-without a properly convened quorum, which shall consist of a 328
407-minimum of three commissioners. 329 Substitute Bill No. 6377
368+adopted pursuant to said chapter. Nothing in this section shall be interpreted as 305
369+prohibiting a holder of a license under sections X to XX, inclusive, of this act from 306
370+concurrently holding a license issued pursuant to chapter 420f of the general 307
371+statutes. 308
372+Sec. 12. (NEW) (Effective from passage) The Cannabis Control Commission shall 309
373+not adopt or implement any regulation, standard, policy, application, process or 310
374+other requirement that prohibits individuals from participating in or obtaining 311
375+licensure in the lawful cannabis business sector on the basis of either an arrest or 312
376+conviction for: (1) Any cannabis-related offense in any jurisdiction, or (2) an arrest 313
377+or conviction for a misdemeanor drug offense of any type in any jurisdiction. 314
378+Sec. 13. (NEW) (Effective from passage) (a) Not later than one year after its 315
379+establishment pursuant to section X of this act, the Cannabis Control Commission 316
380+shall establish, set standards for, issue and regulate to following six types of 317
381+licenses: 318
382+(1) Licenses authorizing the cultivation and production of cannabis (cannabis 319
383+cultivation license); 320
384+(2) Licenses authorizing the manufacture of cannabis products intended for sale 321
385+(cannabis product manufacturing facility license); 322
386+(3) Licenses authorizing the retail sale of cannabis and cannabis products to 323
387+consumers (cannabis retailer license); 324
388+(4) Licenses authorizing laboratories for the testing of cannabis, pursuant to 325
389+standards and requirements established by the Cannabis Control Commission 326
390+(cannabis laboratory license); 327
391+(5) Licenses authorizing businesses that deliver cannabis and cannabis products 328
392+directly to consumers at a residential address from one or more licensed cannabis 329
393+retailers (cannabis delivery license); and 330
394+(6) Licenses authorizing microbusinesses, (cannabis microbusiness license). 331
395+(b) The Cannabis Control Commission shall deliberate and hold public hearings 332
396+regarding the establishment of other types of licenses, including, but not limited 333
397+to, single-use event licenses and use-on-premises licenses. The Cannabis Control 334 Raised Bill No. 6377
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414-Sec. 9. (NEW) (Effective from passage) (a) The Cannabis Control 330
415-Commission shall be an independent regulatory agency and shall have 331
416-exclusive regulatory authority and oversight over all aspects of the 332
417-cultivation, production, distribution, transport, sale and other 333
418-commerce in cannabis and cannabis products for nonpalliative and 334
419-nonmedical use, except as expressly provided in sections 13, 15, 16 and 335
420-23 of this act. Nothing in said sections shall prevent the commission 336
421-from cooperating with other departments, agencies or state or local 337
422-authorities, provided the commission may not delegate final decision-338
423-making authority on any matter of regulation, public policy, licensure, 339
424-funding, inspection, compliance or discipline under the commission's 340
425-jurisdiction to any authority or body outside of the commission and the 341
426-commission's subordinate offices. 342
427-(b) The commission may, consistent with sections 9 to 31, inclusive, 343
428-of this act, adopt regulations in accordance with the provisions of 344
429-chapter 54 of the general statutes, to establish a system of licenses for 345
430-commerce in cannabis, investigate applicants, licensees and other 346
431-relevant persons, set standards, set and waive fees, hold administrative 347
432-hearings, impose discipline and otherwise take such measures and 348
433-exercise such regulatory powers as necessary to establish a modern, 349
434-well-regulated cannabis business sector, ensure equity in all aspects of 350
435-the sector and protect public safety and public health related to the use 351
436-of cannabis. 352
437-(c) The commission, in carrying out its duties and exercising its 353
438-authority pursuant to this section and sections 11, 13, 16 to 20, inclusive, 354
439-26, 27 and 31 of this act, shall adopt the findings of fact and seek to 355
440-implement the recommendations issued by the cannabis equity task 356
441-force pursuant to section 5 of this act. The commission and the Office of 357
442-Justice Reinvestment, established pursuant to section 18 of this act, shall 358
443-report, in accordance with the provisions of section 11-4a of the general 359
444-statutes, every six months to the Governor and General Assembly on the 360
445-commission's progress toward implementation of the recommendations 361
446-of the cannabis equity task force, until such time as all such 362 Substitute Bill No. 6377
402+Commission may, subsequent to one or more public hearings and upon its own 335
403+discretion and judgment, establish, issue and regulate such additional license 336
404+types that the commission deems likely to support equity within the cannabis 337
405+business sector, fiscally prudent and consistent with public safety and health. 338
406+(c) For all license types established pursuant to sections X to XX, of this act, the 339
407+Cannabis Control Commission shall adopt regulations in accordance with the 340
408+provisions of chapter 54 of the general statutes, set such standards and establish 341
409+such mechanisms as it deems necessary to enforce the provisions of sections X to 342
410+XX, inclusive, of this act and to ensure equity, fiscal prudence, public safety and 343
411+public health. 344
412+(d) The Cannabis Control Commission may revoke any license type authorized 345
413+pursuant to sections X to XX, inclusive, of this act upon a finding by said 346
414+commission that such license type fails to improve equity within the cannabis 347
415+business sector, fails to be fiscally prudent or endangers public safety or health, 348
416+provided that holders of such licenses are accorded reasonable notice and an 349
417+opportunity to appeal such decision pursuant to the provisions of chapter 54 of 350
418+the general statutes. 351
419+(e) For all license types, the Cannabis Control Commission shall solicit 352
420+applications, issue licenses and permit the start of operations in two phases, as 353
421+follows: 354
422+(1) Equity applicants, who shall consist of those categories of persons and 355
423+entities identified by the cannabis equity task force or by the Cannabis Control 356
424+Commission's Office of Justice Reinvestment, as disproportionately and unjustly 357
425+burdened by cannabis prohibition and its collateral consequences, and 358
426+(2) Regular applicants, who shall consist of all other persons and entities. No 359
427+regular applicant shall be accepted for review until one year after the first equity 360
428+applicant licensee of the same type of license commences operations. 361
429+(f) For purposes of this section "operations" means the first date that a cannabis 362
430+business transaction authorized by a license takes place in the cannabis 363
431+establishment. 364
432+(g) For all license types and for both equity applicants and regular applicants, 365 Raised Bill No. 6377
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453-recommendations are fulfilled. The commission shall make such reports 363
454-available to the public. 364
455-Sec. 10. (NEW) (Effective from passage) If any provision of sections 3 to 365
456-32, inclusive, of this act or any provision of any regulation adopted 366
457-pursuant to section 2, 9, 13, 22 or 29 of this act conflicts with any 367
458-provision of chapter 420f of the general statutes, the provisions of said 368
459-sections shall prevail. 369
460-Sec. 11. (NEW) (Effective from passage) No person or entity licensed by 370
461-the Cannabis Control Commission may hold itself out as providing for 371
462-the palliative use of marijuana or cannabis, as defined in chapter 420f of 372
463-the general statutes, or otherwise provide for the medical use of 373
464-cannabis, unless licensed by the Department of Consumer Protection 374
465-pursuant to said chapter and regulations adopted pursuant to said 375
466-chapter. Nothing in this section shall be interpreted as prohibiting a 376
467-holder of a license under section 13 of this act from concurrently holding 377
468-a license issued pursuant to chapter 420f of the general statutes. 378
469-Sec. 12. (NEW) (Effective from passage) The Cannabis Control 379
470-Commission shall not adopt or implement any regulation, standard, 380
471-policy, application, process or other requirement that prohibits 381
472-individuals from participating in or obtaining licensure in the lawful 382
473-cannabis business sector on the basis of either an arrest or a conviction 383
474-for: (1) Any cannabis-related offense in any jurisdiction, or (2) a 384
475-misdemeanor drug offense of any type in any jurisdiction. 385
476-Sec. 13. (NEW) (Effective from passage) (a) Not later than one year after 386
477-the establishment of the Cannabis Control Commission pursuant to 387
478-section 8 of this act, the commission shall establish, set standards for, 388
479-issue and regulate to following seven types of licenses: 389
480-(1) Licenses authorizing the cultivation and production of cannabis; 390
481-(2) Licenses authorizing the manufacture of cannabis products 391
482-intended for sale; 392 Substitute Bill No. 6377
437+the Cannabis Control Commission shall consult with the Office of Justice 366
438+Reinvestment and solicit its recommendations regarding regulations, 367
439+requirements, qualifications, standards and the review of applications. 368
440+(h) The Cannabis Control Commission shall adopt regulations in accordance 369
441+with the provisions of chapter 54 that limit changes or transfers of ownership of 370
442+businesses holding equity applicant licensure and strictly limit the use of 371
443+subsidiaries, holding and shell companies and other similar corporate vehicles in 372
444+the equity application process so as to preserve the equitable purposes of sections 373
445+X to XX, inclusive, of this act and to prevent the misuse of the equity application 374
446+process. Such regulations shall include, but not be limited to: (1) A ten-year 375
447+prohibition on the transfer or sale of a business licensed by an equity applicant to 376
448+a person or business that does not qualify as an equity applicant or licensee, and 377
449+(2) the repayment of the previous ten years of all equity-based license fee waivers, 378
450+subsidies, grants, low-interest loans and other financial supports provided 379
451+through or regulated by the Cannabis Control Commission, the Department of 380
452+Economic and Community Development or the Department of Labor, prior to the 381
453+date of transfer or sale of the business. 382
454+Sec. 14. (NEW) (Effective from passage) On and after one year from the effective 383
455+date of this section and notwithstanding any provision of sections X to XX, 384
456+inclusive, of this act or any provision of the general statutes or the Regulations of 385
457+Connecticut State Agencies or of any local ordinance, a person twenty-one years 386
458+of age or older shall not be required to hold a license and shall not be arrested, 387
459+prosecuted, penalized, sanctioned or disqualified under in any manner, or denied 388
460+any right or privilege and shall not be subject to seizure or forfeiture of assets for: 389
461+(1) Any cannabis produced by cannabis plants cultivated on the premises of the 390
462+person's primary residence; (2) possessing, cultivating or processing not more than 391
463+six cannabis plants at any one time for personal use on the premises of his or her 392
464+primary residence, as the sole adult resident; or (3) possessing, cultivating, or 393
465+processing not more than twelve cannabis plants at any one time if the premises 394
466+are shared by two or more adults twenty-one years of age or older as their primary 395
467+residence. 396
468+Sec. 15. (NEW) (Effective from passage) Notwithstanding any requirements, 397
469+standards or restrictions imposed by the Cannabis Control Commission pursuant 398
470+to its authority under sections X to XX, inclusive, of this act a cannabis 399 Raised Bill No. 6377
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489-(3) Licenses authorizing the retail sale of cannabis and cannabis 393
490-products to consumers; 394
491-(4) Licenses authorizing laboratories for the testing of cannabis, 395
492-pursuant to standards and requirements established by the commission; 396
493-(5) Licenses authorizing businesses that deliver cannabis and 397
494-cannabis products directly to consumers at a residential address from 398
495-one or more licensed cannabis retailers; 399
496-(6) Licenses authorizing microbusinesses; and 400
497-(7) Licenses authorizing social consumption establishments and 401
498-cannabis lounges. 402
499-(b) The commission shall hold public hearings regarding the 403
500-establishment of other types of licenses, including, but not limited to, 404
501-single-use event licenses. The commission may, subsequent to one or 405
502-more public hearings and upon its own discretion and judgment, 406
503-establish, issue and regulate such additional license types that the 407
504-commission deems likely to support equity within the cannabis business 408
505-sector, fiscally prudent and consistent with public safety and public 409
506-health. 410
507-(c) For all license types established pursuant to subsection (a) of this 411
508-section, the commission shall adopt regulations in accordance with the 412
509-provisions of chapter 54 of the general statutes, set such standards and 413
510-establish such mechanisms as it deems necessary to enforce the 414
511-provisions of sections 9 to 19, inclusive, of this act and to ensure equity, 415
512-fiscal prudence, public safety and public health. 416
513-(d) The commission may revoke any license type authorized 417
514-pursuant to subsection (a) of this section upon a finding by said 418
515-commission that such license type fails to improve equity within the 419
516-cannabis business sector, fails to be fiscally prudent or endangers public 420
517-safety or public health, provided holders of such licenses are provided 421
518-reasonable notice and an opportunity to appeal such decision pursuant 422 Substitute Bill No. 6377
475+microbusiness license shall, for all holders, permit the cultivation, processing, 400
476+manufacture and distribution of cannabis and cannabis products to licensed 401
477+retailers and permit the delivery of the microbusinesses' cannabis and cannabis 402
478+products directly to consumers, under a single microbusiness license. 403
479+Sec. 16. (NEW) (Effective from passage) Notwithstanding any other provision of 404
480+sections X to XX, inclusive, of this act or any regulation adopted pursuant to said 405
481+sections, the Cannabis Control Commission shall not accept an application for any 406
482+manner of license from a person or entity who owns or operates a business or other 407
483+establishment licensed pursuant to chapter 420f of the general statutes, until such 408
484+time as the Office of Justice Reinvestment makes a determination that equity in 409
485+ownership in the cannabis business sector has been sustainably achieved. 410
486+Sec. 17. (NEW) (Effective from passage) In addition to any other licensure 411
487+requirements and standards established by the Cannabis Control Commission, the 412
488+commission shall require each applicant for a cannabis establishment license to 413
489+enter into, maintain and abide by the terms of a labor peace agreement. All labor 414
490+peace agreements shall contain a clause that the parties agree that final and 415
491+binding arbitration will be the exclusive remedy for any violation of such 416
492+agreement. Each applicant, whether for an initial license or renewal of a license, 417
493+shall submit an attestation signed by both the applicant and the bona fide labor 418
494+organization stating that the applicant meets the requirements of this section. A 419
495+labor peace agreement shall be an ongoing material condition of a cannabis 420
496+establishment license and a violation of such agreement, established exclusively 421
497+through arbitration, may result in suspension, revocation or denial of the renewal 422
498+of such license. 423
499+Sec. 18. (NEW) (Effective from passage) The Cannabis Control Commission shall 424
500+establish an Office of Justice Reinvestment not later than six months after the 425
501+establishment of said commission. The Cannabis Control Commission shall hire 426
502+staff and authorize the Office of Justice Reinvestment to hire staff, and shall 427
503+provide funding and other resources so that said office may perform the following 428
504+duties in a thorough and efficient manner: 429
505+(1) Advise the Cannabis Control Commission, the General Assembly and the 430
506+Governor on all equity matters under the Cannabis Control Commission's 431
507+jurisdiction; 432 Raised Bill No. 6377
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525-to the provisions of chapter 54 of the general statutes. 423
526-(e) (1) The commission, in consultation with the Office of Justice 424
527-Reinvestment established pursuant to section 18 of this act, and 425
528-consistent with the findings of fact and the recommendations the 426
529-cannabis equity task force pursuant to section 5 of this act, shall establish 427
530-criteria and qualifications for eligibility for licensure as an equity 428
531-applicant. 429
532-(2) Any set of criteria or qualifications for eligibility for licensure as 430
533-an equity applicant shall include persons who have been arrested for or 431
534-convicted of a cannabis criminal offense or who has had a parent or 432
535-sibling who has been arrested or convicted of a cannabis criminal 433
536-offense. The absence of such an arrest or conviction for the person or the 434
537-person's parent or sibling shall not automatically disqualify a person 435
538-from eligibility for licensure as an equity applicant if other criteria and 436
539-qualifications, as established by the commission, are satisfied. 437
540-(3) The commission, in consultation with the Office of Justice 438
541-Reinvestment, may further require, as criteria and qualifications for 439
542-eligibility for licensure as an equity applicant, provided such criteria 440
543-and qualifications are compatible with the findings of fact and the 441
544-recommendations of the cannabis equity task force pursuant to sections 442
545-5 and 6 of this act, permanent residency in a neighborhood, as defined 443
546-by the commission, that meets three or more of the following criteria: 444
547-(A) Has a median income that is not more than eighty per cent of the 445
548-average median household income in the state; 446
549-(B) Has an unemployment rate that is at least one hundred fifty per 447
550-cent of the unemployment rate in the state; 448
551-(C) Has an uninsured rate for health insurance that is at least one 449
552-hundred fifty per cent of the uninsured rate for health insurance in the 450
553-state; 451
554-(D) Has a food stamp or supplemental nutrition assistance plan rate 452 Substitute Bill No. 6377
512+(2) Meet on a quarterly basis with the Black and Puerto Rican Caucus of the 433
513+General Assembly to provide updates on the implementation of the cannabis 434
514+equity task force recommendations, the condition of the cannabis business sector 435
515+and any other equity-related matters of importance to said caucus and to request 436
516+legislative remedies from said caucus, as the Office of Justice Reinvestment deems 437
517+reasonable; 438
518+(3) Oversee cannabis workforce grants, loans and other financial supports, 439
519+distributed pursuant to sections X to XX, inclusive, of this act or pursuant to any 440
520+other cannabis-related programs under the Cannabis Control Commission's 441
521+jurisdiction, which includes, but is not limited to, assessing their equitable 442
522+distribution, the effectiveness of their use by recipients, compliance with their 443
523+terms, conditions and goals by recipients and any other matters regarding the 444
524+effective and proper use of funds in the interest of equity in the cannabis business 445
525+sector. The Office of Justice Reinvestment may exercise any authority and powers 446
526+delegated to it by the Cannabis Control Commission, the Departments of Labor, 447
527+Consumer Protection and Economic and Community Development, and any other 448
528+state, local or tribal authority to carry out its oversight duties pursuant to this 449
529+subdivision. Said office shall have the authority and power to request and compel 450
530+the production of documents, data, witnesses and other investigatory materials 451
531+from other public entities in the state and any private entity receiving any manner 452
532+of benefit or license pursuant to this act, provided that no part of such production 453
533+by either a public or private entity shall be considered a public record or be open 454
534+to public inspection. 455
535+(4) Oversee, approve or disapprove, and host community agreements between 456
536+cannabis businesses and municipal governments. 457
537+(5) Conduct research, engage in public outreach and education, and carry out 458
538+all other duties assigned to it by the Cannabis Control Commission with such 459
539+powers and budget as allocated to it by the Cannabis Control Commission for the 460
540+purposes of supporting and improving equity within the cannabis business sector 461
541+and supporting and improving equity within the operations and administration 462
542+of the commission. 463
543+Sec. 19. (NEW) (Effective from passage) Not later than one hundred eighty days 464
544+after the establishment of the Office of Justice Reinvestment, the Cannabis Control 465 Raised Bill No. 6377
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561-that is at least one hundred fifty per cent of the food stamp or 453
562-supplemental nutrition assistance plan rate in the state; 454
563-(E) Has a poverty rate that is at least one hundred fifty per cent of the 455
564-poverty rate in the state; 456
565-(F) Has disproportionately high rates of arrest, conviction and 457
566-incarceration for cannabis possession; or 458
567-(G) Any other criteria and qualifications as identified by the 459
568-commission. 460
569-(4) The commission, in consultation with the Office of Justice 461
570-Reinvestment, may further require, as criteria and qualifications for 462
571-eligibility for licensure as an equity applicant that are not based on 463
572-residency or neighborhood, provided such criteria and qualifications 464
573-are compatible with the findings of fact and the recommendations of the 465
574-cannabis equity task force pursuant to sections 5 and 6 of this act. 466
575-(f) For all license types, the commission shall solicit applications, 467
576-issue licenses and permit the start of operations in two phases, as 468
577-follows: 469
578-(1) Equity applicants, as defined by the commission, and 470
579-(2) (A) Regular applicants, who shall consist of all other persons and 471
580-entities. No regular applicant shall be accepted for review until one year 472
581-after the first equity applicant licensee of the same type of license 473
582-commences operations, except that any medical marijuana dispensary 474
583-licensed under chapter 420f of the general statutes that is fully 475
584-operational and in good standing with the Department of Consumer 476
585-Protection and any other state agency, including, but not limited to, the 477
586-Department of Revenue Services, for at least twelve consecutive months 478
587-prior to January 1, 2021, shall be eligible to seek licensure under a 479
588-cannabis retailer license and to begin operations under an approved 480
589-cannabis retailer license, during such one-year period. Any medical 481
590-marijuana dispensary that does not qualify as an equity applicant shall 482 Substitute Bill No. 6377
549+Commission and the Departments of Labor, Consumer Protection and Economic 466
550+and Community Development shall expressly delegate such powers to the Office 467
551+of Justice Reinvestment as necessary for said Office to carry out its duties and as 468
552+may be subsequently assigned to it by the Cannabis Control Commission, in a 469
553+timely and efficient manner. The Cannabis Control Commission and the 470
554+Departments of Labor, Consumer Protection and Economic and Community 471
555+Development may delegate additional powers to or enter into cooperative 472
556+agreements with the Office of Justice Reinvestment so that said Office may carry 473
557+out its duties in a timely and efficient manner. 474
558+Sec. 20. (NEW) (Effective from passage) (a) There shall be a Cannabis Control 475
559+Commission Operational Trust Fund held and administered by the Cannabis 476
560+Control Commission and that shall receive one hundred per cent of all licensing 477
561+and other regulatory fees and one hundred per cent of all cannabis sales tax 478
562+surcharges. The Cannabis Control Commission Operational Trust Fund shall be 479
563+expended to support the regulatory operations of the Cannabis Control 480
564+Commission and to supplement any funds allocated from the General Fund and 481
565+shall allocate not less than seventy per cent of the fund to the support and duties 482
566+of the Office of Justice Reinvestment. 483
567+(b) The Cannabis Control Commission shall expend not less than ten per cent 484
568+of revenue into the Cannabis Control Commission Operational Trust Fund to 485
569+support workforce development programs aimed at increasing the number of 486
570+qualified cannabis sector workers from disproportionately impacted 487
571+backgrounds, which may include such programs as established or funded 488
572+pursuant to sections X to XX, inclusive, of this act. Such allocation shall not reduce 489
573+the amount allocated to the Department of Economic and Community 490
574+Development pursuant to sections X to XX, inclusive, of this act in any manner, 491
575+but shall be used to supplement and increase such allocation. 492
576+Sec. 21. (NEW) (Effective from passage) (a) There shall be a state-wide ten per cent 493
577+sales tax surcharge, in addition to the general sales tax, on all cannabis and 494
578+cannabis product sales. Any municipality may impose not more than a three per 495
579+cent municipal cannabis tax, which shall be in addition to the general sales tax and 496
580+the sales tax surcharge. 497
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597-be eligible for a license, other than a cannabis retailer license, as a regular 483
598-applicant only. 484
599-(B) Any medical marijuana dispensary licensed pursuant to the 485
600-exception for regular applicants under subparagraph (A) of this 486
601-subdivision shall be required, as a condition of licensure, to purchase 487
602-cannabis and cannabis products intended for sale under such cannabis 488
603-retailer license exclusively from cultivators, retailers, manufacturers or 489
604-microbusinesses who have been licensed as equity applicants and may 490
605-not sell under the cannabis retailer license cannabis or cannabis 491
606-products intended for medical or palliative care. 492
607-(g) For purposes of this section, "operations" means the first date that 493
608-a cannabis business transaction authorized by a license takes place in 494
609-the cannabis establishment. 495
610-(h) For all license types and for both equity applicants and regular 496
611-applicants, the commission shall consult with the Office of Justice 497
612-Reinvestment regarding regulations, requirements, qualifications, 498
613-standards and the review of applications. 499
614-(i) The commission shall adopt regulations, in accordance with the 500
615-provisions of chapter 54 of the general statutes, that limit changes or 501
616-transfers of ownership of businesses holding a license as an equity 502
617-applicant and strictly limit the use of subsidiaries, holding and shell 503
618-companies and other similar corporate vehicles in the equity application 504
619-process to preserve the equitable purposes of this section, sections 2 to 505
620-7, inclusive, and sections 9, 16, 18 and 23 of this act and to prevent the 506
621-misuse of the equity application process. Such regulations shall include, 507
622-but not be limited to: (1) A ten-year prohibition on the transfer or sale of 508
623-a business licensed by an equity applicant to a person or business that 509
624-does not qualify as an equity applicant or licensee, and (2) the 510
625-repayment of the previous ten years of all equity-based license fee 511
626-waivers, subsidies, grants, low-interest loans and other financial 512
627-supports provided through or regulated by the commission, the 513
628-Department of Economic and Community Development or the Labor 514 Substitute Bill No. 6377
586+revenue over one million dollars of cannabis businesses, including pass-through 499
587+entities, in addition to any other corporate taxation or taxation on pass-through 500
588+income. 501
589+(c) The Department of Revenue Services shall adopt regulations, in accordance 502
590+with the provisions of chapter 54 of the general statutes, issue guidance and issue 503
591+or amend such forms, and otherwise institute such measures as necessary and 504
592+reasonable to enact and enforce the provisions of this section on a timetable 505
593+consistent with the needs and requirements of the Cannabis Control Commission. 506
594+Sec. 22. (NEW) (Effective from passage) No municipality may unconditionally 507
595+prohibit the operation of a cannabis establishment or cannabis business within the 508
596+limits of such municipality. The provisions of this section shall not prevent 509
597+municipalities from regulating the zoning, licensing, hours of operation, outward 510
598+appearance or other matters subject to municipal jurisdiction of business 511
599+establishments generally, provided that no ordinance, regulation, license, permit, 512
600+fee or tax imposes a burden on cannabis establishments or cannabis businesses 513
601+substantially greater than the burden imposed by the municipality on a similarly 514
602+sized business involved in the manufacture, distribution, or sale of alcoholic 515
603+liquor. 516
604+Sec. 23. (NEW) (Effective from passage) Not later than six months after the 517
605+establishment of the Cannabis Control Commission, the Governor shall invite, in 518
606+consultation with the Cannabis Control Commission and the Office of Justice 519
607+Reinvestment, those other states, territories, tribes and the District of Columbia 520
608+where commerce in cannabis is lawful to enter into an interstate or inter-521
609+jurisdictional compact with the state that shall provide for a well-regulated 522
610+interstate and interjurisdictional commerce in cannabis. The Governor shall take 523
611+such steps as needed to secure agreement from such federal agencies that regulate 524
612+commerce to withhold interference or interdiction of a well-regulated commerce 525
613+in cannabis established through such compacts. No compact shall be proposed or 526
614+entered into pursuant to this section unless the terms of such compact are 527
615+consistent with the equity-related goals established by the Cannabis Control 528
616+Commission and the Office of Justice Reinvestment pursuant to sections X to XX, 529
617+inclusive, of this act. 530
618+Sec. 24. (NEW) (Effective from passage) (a) No commissioner of the Cannabis 531 Raised Bill No. 6377
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635-Department, prior to the date of transfer or sale of the business. 515
636-Sec. 14. (NEW) (Effective from passage) On and after one year from the 516
637-effective date of this section and notwithstanding any other provision of 517
638-sections 1 to 32, inclusive, of this act or any provision of the general 518
639-statutes or the Regulations of Connecticut State Agencies or of any local 519
640-ordinance, a person twenty-one years of age or older shall not be 520
641-required to hold a license and shall not be arrested, prosecuted, 521
642-penalized, sanctioned or disqualified in any manner or denied any right 522
643-or privilege and shall not be subject to seizure or forfeiture of assets, for: 523
644-(1) Any cannabis produced by cannabis plants cultivated on the 524
645-premises of the person's primary residence; (2) possessing, cultivating 525
646-or processing not more than six flowering cannabis plants at any one 526
647-time for personal use on the premises of his or her primary residence, as 527
648-the sole adult resident; or (3) possessing, cultivating or processing not 528
649-more than twelve flowering cannabis plants at any one time if the 529
650-premises are shared by two or more adults twenty-one years of age or 530
651-older as their primary residence. 531
652-Sec. 15. (NEW) (Effective from passage) Notwithstanding any 532
653-requirements, standards or restrictions imposed by the Cannabis 533
654-Control Commission pursuant to its authority under sections 9, 11, 13, 534
655-16 to 20, inclusive, 26, 27 and 31 of this act, the holder of a cannabis 535
656-microbusiness license may cultivate, process, manufacture or distribute 536
657-cannabis and cannabis products to cannabis retailers and deliver the 537
658-microbusinesses' cannabis and cannabis products directly to consumers. 538
659-Any cannabis microbusiness may request to the commission to operate 539
660-as a social consumption establishment and shall be eligible for approval, 540
661-provided the social consumption establishment and the microbusiness 541
662-are reasonably related and integrated into a single business operation 542
663-sharing a single premises or adjacent premises, under the control of the 543
664-license holder. 544
665-Sec. 16. (NEW) (Effective from passage) Notwithstanding any other 545
666-provision of sections 11, 13 or 15 of this act or any regulation adopted 546
667-pursuant to section 13 of this act, the Cannabis Control Commission 547 Substitute Bill No. 6377
623+Control Commission during the term of his or her office and for one year after, 532
624+and no executive or managerial employee of state or municipal government, no 533
625+judge of any court, no prosecutor and no employee of a police department or other 534
626+law enforcement agency with jurisdiction over the investigation and enforcement 535
627+of cannabis-related crimes or crimes regarding controlled substances shall be 536
628+permitted to have, directly or indirectly, individually or as a member of a 537
629+partnership or as a shareholder of a corporation, any financial or managerial 538
630+interest in any cannabis establishment licensed by the Cannabis Control 539
631+Commission or licensed under chapter 420f of the general statutes or any business 540
632+whose principal source of revenue or market entails providing goods or services 541
633+specifically and directly to cannabis establishments licensed by the Cannabis 542
634+Control Commission or licensed under chapter 420f of the general statutes. 543
635+(b) No commissioner of the Cannabis Control Commission during the term of 544
636+his or her office and for one year after such term and no executive or managerial 545
637+employee of state, county or municipal government, no judge of any court, no 546
638+prosecutor, and no employee of a police department or other law enforcement 547
639+agency with jurisdiction over the investigation and enforcement of cannabis-548
640+related crimes or crimes regarding controlled substances shall be permitted to 549
641+receive any commission, profit, gratuities, offer of future employment, 550
642+partnership, ownership or other financially beneficial association, or gifts of any 551
643+kind from any person or cannabis establishment or cannabis business licensed 552
644+under sections X to XX, inclusive, of this act or under chapter 420f of the general 553
645+statutes, for the duration of their public employment. 554
646+Sec. 25. (NEW) (Effective from passage) Except as authorized under sections X to 555
647+XX, inclusive, of this act, no municipality or local official shall condition any 556
648+official action, nor accept any donation in moneys or in kind, from any cannabis 557
649+establishment or from an individual or corporation that has applied for a license 558
650+to open or operate a cannabis establishment in such municipality or neighboring 559
651+municipality. No municipality may negotiate or enter into a local host agreement 560
652+with a cannabis establishment or an individual or corporation that has applied for 561
653+a license to open or operate a cannabis establishment in such municipality or 562
654+neighboring municipality without the express written approval of the Office of 563
655+Justice Reinvestment. 564
656+Sec. 26. (NEW) (Effective from passage) Municipalities shall be eligible for 565 Raised Bill No. 6377
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674-shall not accept an application for any license from a person or entity 548
675-who owns or operates a business or other establishment licensed 549
676-pursuant to chapter 420f of the general statutes, until such time as the 550
677-Office of Justice Reinvestment makes a determination that equity in 551
678-ownership in the cannabis business sector has been sustainably 552
679-achieved. 553
680-Sec. 17. (NEW) (Effective from passage) (a) In addition to any other 554
681-licensure requirements and standards established by the Cannabis 555
682-Control Commission, the commission shall require each applicant for a 556
683-cannabis establishment license to enter into, maintain and abide by the 557
684-terms of a labor peace agreement. All labor peace agreements shall 558
685-contain a clause that final and binding arbitration will be the exclusive 559
686-remedy for any violation of such agreement. Each applicant, whether 560
687-for an initial license or renewal of a license, shall submit an attestation 561
688-signed by both the applicant and the bona fide labor organization 562
689-stating that the applicant meets the requirements of this section. A labor 563
690-peace agreement shall be an ongoing material condition of a cannabis 564
691-establishment license and a violation of such agreement, established 565
692-exclusively through arbitration, may result in suspension, revocation or 566
693-denial of the renewal of such license. 567
694-(b) In addition to any other licensure requirements and standards 568
695-established by the commission, the commission shall require each 569
696-applicant for a cannabis cultivation or cannabis retailer license whose 570
697-operation entails substantial construction or renovation of a facility, to 571
698-(1) pay not less than the prevailing wage, as described in section 31-53 572
699-of the general statutes, for mechanics, laborers or workers performing 573
700-construction activities with respect to the project, and (2) require the 574
701-applicant to engage in a good faith negotiation of a project labor 575
702-agreement. 576
703-Sec. 18. (NEW) (Effective from passage) The Cannabis Control 577
704-Commission shall establish an Office of Justice Reinvestment not later 578
705-than six months after the commission is established. The commission 579
706-shall hire staff and authorize the Office of Justice Reinvestment to hire 580 Substitute Bill No. 6377
661+cannabis workforce and economic development grants and loans or other funds 566
662+under the jurisdiction of the Cannabis Control Commission, the Office of Justice 567
663+Reinvestment or the Departments of Labor, Consumer Protection and Economic 568
664+and Community Development, but no municipality shall be eligible for any such 569
665+cannabis workforce or economic development grant or loan or other funds unless 570
666+such municipality has passed a resolution or ordinance adopting the findings of 571
667+fact of the cannabis equity task force and committing the municipality to the 572
668+implementation of its recommendations, as applied to municipalities. 573
669+Sec. 27. (NEW) (Effective from passage) The Cannabis Control Commission shall, 574
670+not later than sixty days after its establishment, consult with The University of 575
671+Connecticut regarding entering into an ongoing research partnership to provide 576
672+studies, research, training, education and any other manner of engagement in 577
673+support of equity in the cannabis business sector, of equity applicants and 578
674+licensees and of equity in the cannabis workforce. The Control Commission shall 579
675+seek to enter into formal and informal partnerships with The University of 580
676+Connecticut for not more than one hundred eighty days and as needed thereafter. 581
677+Sec. 28. (NEW) (Effective from passage) Neither the presence of cannabinoid 582
678+components or metabolites in a person's bodily fluids, nor conduct related to the 583
679+use of cannabis or the participation in cannabis-related business or other activities 584
680+made lawful under sections X to XX, inclusive, of this act or by any section of the 585
681+general statutes or the regulations of state agencies, or by local ordinance, by a 586
682+custodial or noncustodial parent, grandparent, pregnant woman, legal guardian 587
683+or other person charged with the well-being of a child, shall form the sole or 588
684+primary basis for: (1) Any action or proceeding by a child welfare agency or in a 589
685+family or juvenile court, or (2) any adverse finding, adverse evidence or restriction 590
686+of any right of privilege in a proceeding related to adoption, fostering or a person's 591
687+fitness to adopt or foster a child. 592
688+Sec. 29. (NEW) (Effective from passage) (a) On and after one hundred eighty days 593
689+after the effective date of this section: (1) Any educational institution receiving 594
690+public funds or subject to the regulations of state agencies shall revise and 595
691+implement student disciplinary policies to conform to the criteria in this section. 596
692+(b) The Department of Education and the Office of Higher Education, in 597
693+consultation with the Cannabis Control Commission and the Office of Justice 598 Raised Bill No. 6377
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713-staff and shall provide funding and other resources necessary for the 581
714-office to perform the following duties: 582
715-(1) Advise the commission, the General Assembly and the Governor 583
716-on all equity matters under the commission's jurisdiction; 584
717-(2) Meet on a quarterly basis with the Black and Puerto Rican Caucus 585
718-of the General Assembly to provide updates on the implementation of 586
719-the recommendations of the cannabis equity task force, the condition of 587
720-the cannabis business sector and any other equity-related matters of 588
721-importance to said caucus and to request legislative remedies from said 589
722-caucus that the Office of Justice Reinvestment deems reasonable; 590
723-(3) Oversee cannabis workforce grants, loans and other financial 591
724-supports, distributed pursuant to this section or section 2, 6, 13 or 26 of 592
725-this act or pursuant to any other cannabis-related programs under the 593
726-commission's jurisdiction. Such oversight includes, but is not limited to, 594
727-assessing the equitable distribution and the effectiveness of such grants, 595
728-loans and other financial supports by recipients, compliance with the 596
729-terms, conditions and goals of such grants, loans and other financial 597
730-supports by recipients and any other matters regarding the effective and 598
731-proper use of funds in the interest of equity in the cannabis business 599
732-sector. The Office of Justice Reinvestment may exercise any authority 600
733-and powers delegated to it by the commission, the Labor Department, 601
734-the Departments of Consumer Protection and Economic and 602
735-Community Development and any other state, local or tribal authority 603
736-to carry out its oversight duties pursuant to this subdivision. Said office 604
737-shall have the authority and power to request and compel the 605
738-production of documents, data, witnesses and other investigatory 606
739-materials from other public entities in the state and any private entity 607
740-receiving any benefit or license pursuant to this section, provided that 608
741-no part of such production by either a public or private entity shall be 609
742-considered a public record or be subject to public inspection. 610
743-(4) Investigate any agreement between a cannabis business and a 611
744-municipal government and refer such agreements and the parties to the 612 Substitute Bill No. 6377
698+Reinvestment, shall adopt regulations in accordance with the provisions of chapter 599
699+54 for the implementation of the provisions of this section. Such regulations shall 600
700+include, but not be limited to, regulations for collecting information regarding 601
701+student disciplinary actions related to cannabis and to undertake remedial 602
702+measures to correct discriminatory conduct, disparate impacts and improper 603
703+implementation of the provisions of this section. 604
704+(c) Each educational institution subject to the provisions of subsection (a) of this 605
705+section shall file a detailed report, consistent with regulations adopted pursuant 606
706+to subsection (b) of this section, with the relevant regulatory agency for each 607
707+disciplinary action related to cannabis. 608
708+(d) Any student found unlawfully in possession of cannabis on the premises of 609
709+his or her school or while engaged in school activities, such as field trips, athletic 610
710+competitions or science fairs off-premises, may receive or be subject to counseling, 611
711+drug-related education or community service related to the school, or any 612
712+combination of such actions programs, as may be appropriate for the individual 613
713+student's educational and social needs. Such disciplinary action shall not be more 614
714+severe than equivalent school penalties for the underage use of alcohol. 615
715+(e) Any educational institution subject to the provisions of subsection (a) of this 616
716+section may elect to establish a restorative justice program for addressing matters 617
717+related to cannabis, other controlled substances, alcohol or tobacco. Any such 618
718+restorative justice program shall include, but not be limited to, an education 619
719+curriculum that is tailored to the needs and circumstances of individual students. 620
720+(f) Any educational institution subject to the provisions of subsection (a) of this 621
721+section may elect to establish a cannabis diversion program, or other substance 622
722+abuse diversion program, as part of a school drug policy. Any such diversion 623
723+program shall include, but not be limited to, counseling, support and education 624
724+regarding cannabis abuse and other substance abuse. 625
725+(g) No student found unlawfully in possession of cannabis on school premises 626
726+or while engaged in school activities, such as field trips, athletic competitions or 627
727+science fairs off school premises, may be subject to out of school suspension of 628
728+more than ten days. 629
729+(h) No school disciplinary policy shall be construed to prohibit the involvement 630 Raised Bill No. 6377
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751-agreement to the commission for further review and action upon a 613
752-finding that an agreement may be contrary to any provision of sections 614
753-2 to 32, inclusive, of this act or any regulation adopted thereunder. 615
754-(5) Conduct research, engage in public outreach and education and 616
755-carry out all other duties assigned to it by the commission with such 617
756-powers and budget as allocated to it by the commission for the purposes 618
757-of supporting and improving equity within the cannabis business sector 619
758-and supporting and improving equity within the operations and 620
759-administration of the commission. 621
760-Sec. 19. (NEW) (Effective from passage) Not later than one hundred 622
761-eighty days after the establishment of the Office of Justice Reinvestment, 623
762-the Cannabis Control Commission, the Labor Department and the 624
763-Departments of Consumer Protection and Economic and Community 625
764-Development shall expressly delegate to the Office of Justice 626
765-Reinvestment such powers as are necessary for said office to carry out 627
766-its duties and as may be subsequently assigned to it by the commission 628
767-in a timely and efficient manner. The commission, the Labor 629
768-Department and the Departments of Consumer Protection and 630
769-Economic and Community Development may delegate additional 631
770-powers to, or enter into cooperative agreements with, the Office of 632
771-Justice Reinvestment so that said office may carry out its duties in a 633
772-timely and efficient manner. 634
773-Sec. 20. (NEW) (Effective from passage) (a) There is established a 635
774-Cannabis Control Commission operational trust fund that shall be held 636
775-and administered by the Cannabis Control Commission and that shall 637
776-receive one hundred per cent of all licensing and other regulatory fees 638
777-and one hundred per cent of all cannabis sales tax surcharges imposed 639
778-under section 21 of this act. Moneys in the fund shall be expended to 640
779-support the regulatory operations of the commission and to supplement 641
780-any funds allocated from the General Fund, provided not less than 642
781-seventy per cent of the moneys in the fund shall be allocated to the 643
782-support and duties of the Office of Justice Reinvestment. 644 Substitute Bill No. 6377
734+of a student or school in a criminal investigation reasonably related to the unlawful 631
735+possession or distribution of cannabis on school premises or in the course of school 632
736+activities. In any investigation or other proceeding where a student subject to 633
737+school discipline for possession of cannabis may reasonably be expected to be a 634
738+witness or to be subject to arrest, the student shall have a right to independent 635
739+counsel free of charge. Any student entitled to counsel under this section or any 636
740+other provision of state, federal or tribal law shall be promptly informed of his or 637
741+her right to counsel and be granted the means to request counsel by the school. 638
742+(i) No beneficiary of financial aid or student loans shall have his or her 639
743+eligibility, rights, privileges or options revoked, restricted or otherwise adversely 640
744+changed on the basis of cannabis-related activity that is lawful under sections X to 641
745+XX, inclusive, of this act. Any contractual provision or policy contrary to the 642
746+provisions of this section shall be deemed void and against public policy. 643
747+(j) No person lawfully dwelling in student housing shall be subject to discipline, 644
748+termination of residency, eviction, or any other housing-related sanction for 645
749+cannabis-related activity lawful under sections X to XX, inclusive, of this act or 646
750+shall be subject to school discipline for cannabis-related activity, where permitted 647
751+under sections X to XX, inclusive, of this act, that does not substantially involve 648
752+housing-related misconduct. Any contractual provision or policy contrary to this 649
753+section shall be deemed void and against public policy. 650
754+(k) Violation of any part of this section shall give rise to a private right of action 651
755+by any student subject to school discipline under this section or any legal parent 652
756+or guardian of such a student. Such private right of action may be filed in the 653
757+superior court for the district in which the school is located. 654
758+Sec. 30. (NEW) (Effective from passage) (a) On and after one hundred eighty days 655
759+after the effective date of this section, it shall be unlawful to: 656
760+(1) Refuse to rent, lease, license, sell or otherwise make unavailable any unit of 657
761+housing on the basis of a person's prior charge or conviction for a cannabis-related 658
762+offense or past, current or future involvement or participation in the lawful 659
763+cannabis business sector; 660
764+(2) Make any inquiry into a prospective tenant, licensee or purchaser's criminal 661
765+history related to cannabis; or 662 Raised Bill No. 6377
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789-(b) The commission shall expend not less than ten per cent of revenue 645
790-in the fund to support workforce development programs aimed at 646
791-increasing the number of qualified cannabis sector workers from 647
792-disproportionately impacted backgrounds, which may include such 648
793-programs as established or funded pursuant to sections 2, 4 to 7, 649
794-inclusive, 9 and 13 of this act. Such allocation shall not reduce the 650
795-amount allocated to the Department of Economic and Community 651
796-Development pursuant to section 2 of this act in any manner, but shall 652
797-be used to supplement and increase such allocation. 653
798-Sec. 21. (NEW) (Effective from passage) (a) There shall be a state-wide 654
799-ten per cent sales tax surcharge, in addition to the sales tax under section 655
800-12-408 of the general statutes, on the sale of cannabis and cannabis 656
801-products. Any municipality may impose a municipal cannabis tax of not 657
802-more than five per cent on the sale of cannabis and cannabis products in 658
803-such municipality that shall be in addition to the sales tax under section 659
804-12-408 of the general statutes and sales tax surcharge described in this 660
805-subsection. No part of the sales tax surcharge, the sales tax under section 661
806-12-408 of the general statutes or any municipal cannabis tax shall be 662
807-applied to the sale of cannabis or cannabis products sold to a medical 663
808-marijuana patient by a licensed medical marijuana dispensary for the 664
809-purpose of palliative care for a debilitating medical condition. 665
810-(b) There shall be a restorative justice tax on cannabis businesses, 666
811-including pass-through entities, in addition to any other corporate tax 667
812-or taxation on pass-through income, at the rate of (1) two per cent on the 668
813-portion of the annual gross revenue of a cannabis business over one 669
814-million dollars up to and including ten million dollars, and (2) ten per 670
815-cent on the portion of the annual gross revenue of a cannabis business 671
816-in excess of ten million dollars. 672
817-(c) The Department of Revenue Services shall adopt regulations, in 673
818-accordance with the provisions of chapter 54 of the general statutes, 674
819-issue guidance and issue or amend such forms, and otherwise institute 675
820-such measures as necessary and reasonable to enact and enforce the 676
821-provisions of this section in a timeline consistent with the needs and 677 Substitute Bill No. 6377
770+(3) Discriminate in the terms, conditions or privileges of the sale or rental of any 663
771+dwelling on the basis of a person's prior charge or conviction for a cannabis-related 664
772+offense or past, current or future involvement or participation in the lawful 665
773+cannabis business sector. 666
774+(b) Homeless shelters, respite homes, nursing homes and other long-term care 667
775+facilities shall not be exempt from the provisions of subsection (a) of this section. 668
776+(c) The provisions of subsection (a) of this section shall not apply to sober living 669
777+houses or other housing intended to provide a therapeutic or rehabilitative 670
778+environment related to drug or alcohol use or to temporary lodgings, including 671
779+hotels, motels, camps and private homes rented for brief stays. 672
780+Sec. 31. (NEW) (Effective from passage) (a) On and after one hundred eighty days 673
781+after the effective date of this section, the provisions of this section shall apply to 674
782+any housing governed by the federal Quality Housing and Work and 675
783+Responsibility Act of 1998 or any housing governed by any other provisions of 676
784+federal law that grants persons or entities that own or manage federally assisted 677
785+housing the discretion to deny persons housing to or evict persons from housing 678
786+on the basis of drug-related offenses. 679
787+(b) It shall be unlawful to refuse to rent, lease, license or otherwise make 680
788+unavailable any unit of housing subject to the provisions of this section on the basis 681
789+of a person's charge or arrest for a cannabis-related offense, without conviction or 682
790+other substantial independent and relevant evidence based on actual conduct. 683
791+(c) All persons or entities that own, manage or otherwise regulate housing 684
792+subject to the provisions of this section shall provide written notification of any 685
793+denial of housing or any eviction on the basis of the lawful cultivation, possession 686
794+or use of cannabis or other cannabis-related offense to the Cannabis Control 687
795+Commission and the Office of Justice Reinvestment. Such written notice shall 688
796+provide, with specificity, the name and address of the affected person, the race and 689
797+ethnicity of the affected person, the gender of the affected person, the persons with 690
798+knowledge and decision-making authority regarding the denial or eviction, the 691
799+specific circumstances of the denial or eviction and the specific reasons, facts and 692
800+evidence for the denial or eviction. Notice shall be issued to the Office of the 693
801+Attorney General not more than seven days after the denial or issuance of a notice 694
802+of eviction. 695 Raised Bill No. 6377
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828-requirements of the Cannabis Control Commission. 678
829-Sec. 22. (NEW) (Effective from passage) No municipality may 679
830-unconditionally prohibit the operation of a cannabis business in such 680
831-municipality. The provisions of this section shall not prevent a 681
832-municipality from regulating the zoning, licensing, hours of operation, 682
833-outward appearance or other matters subject to municipal jurisdiction 683
834-of business establishments, provided no ordinance, regulation, license, 684
835-permit, fee or tax imposes a burden on cannabis businesses substantially 685
836-greater than the burden imposed by the municipality on a similarly-686
837-sized business involved in the manufacture, distribution or sale of 687
838-alcoholic liquor. 688
839-Sec. 23. (NEW) (Effective from passage) Not later than six months after 689
840-the establishment of the Cannabis Control Commission pursuant to 690
841-section 8 of this act, the Governor shall, in consultation with the 691
842-Cannabis Control Commission and the Office of Justice Reinvestment, 692
843-invite the District of Columbia and those other states, territories and 693
844-tribes where commerce in cannabis is lawful to enter into an interstate 694
845-or interjurisdictional compact that shall provide for well-regulated 695
846-interstate and interjurisdictional commerce in cannabis. The Governor 696
847-shall take such steps as needed to secure agreement from such federal 697
848-agencies that regulate commerce to withhold interference or interdiction 698
849-of a well-regulated commerce in cannabis established through such 699
850-compacts. No compact shall be proposed or entered into pursuant to 700
851-this section unless the terms of such compact are consistent with the 701
852-equity-related goals established by the Cannabis Control Commission 702
853-and the Office of Justice Reinvestment pursuant to sections 2 to 7, 703
854-inclusive, and sections 9, 13, 16, 18 and 23 of this act. 704
855-Sec. 24. (NEW) (Effective from passage) No (1) commissioner of the 705
856-Cannabis Control Commission, during the commissioner's term in office 706
857-and for one year after the commissioner leaves office, (2) executive or 707
858-managerial employee of the state or a municipal government, or (3) 708
859-judge, prosecutor or employee of a police department or other law 709
860-enforcement agency with jurisdiction over the investigation and 710 Substitute Bill No. 6377
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867-enforcement of cannabis-related crimes or crimes regarding controlled 711
868-substances, shall: 712
869-(A) Have, directly or indirectly, individually or as a member of a 713
870-partnership or as a shareholder of a corporation, any financial or 714
871-managerial interest in any cannabis establishment licensed by the 715
872-Cannabis Control Commission pursuant to section 13 of this act or 716
873-licensed under chapter 420f of the general statutes or in any business 717
874-whose principal source of revenue or market involves providing goods 718
875-or services specifically and directly to cannabis establishments licensed 719
876-pursuant to section 13 of this act or under chapter 420f of the general 720
877-statutes; or 721
878-(b) Be permitted to receive any commission, profit, gratuities, offer of 722
879-future employment, partnership, ownership or other financially 723
880-beneficial association or gifts of any kind, from any person or cannabis 724
881-establishment licensed pursuant to section 13 of this act or under 725
882-chapter 420f of the general statutes. 726
883-Sec. 25. (NEW) (Effective from passage) Except as authorized under 727
884-section 26 of this act, no municipality or local official shall condition any 728
885-official action or accept any donation, in moneys or in kind, from any 729
886-cannabis establishment or from an individual or corporation that has 730
887-applied for a license to open or operate a cannabis establishment in such 731
888-municipality or a neighboring municipality. No municipality may 732
889-negotiate or enter into a local host agreement with a cannabis 733
890-establishment or an individual or corporation that has applied for a 734
891-license to open or operate a cannabis establishment in such municipality 735
892-or a neighboring municipality that violates, directly or indirectly, any 736
893-provision of section 2 to 32, inclusive, of this act or any regulation 737
894-adopted thereunder. 738
895-Sec. 26. (NEW) (Effective from passage) Each municipality shall be 739
896-eligible for cannabis workforce and economic development grants and 740
897-loans or other funds under the jurisdiction of the Cannabis Control 741
898-Commission, the Office of Justice Reinvestment, the Labor Department 742 Substitute Bill No. 6377
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905-or the Departments of Consumer Protection and Economic and 743
906-Community Development, except that no municipality shall be eligible 744
907-for any such cannabis workforce or economic development grant or loan 745
908-or other funds unless such municipality has passed a resolution or 746
909-ordinance adopting the findings of fact made by the cannabis equity 747
910-task force under section 5 of this act and committing the municipality to 748
911-the implementation of the task force's recommendations concerning 749
912-municipalities. 750
913-Sec. 27. (NEW) (Effective from passage) The Cannabis Control 751
914-Commission shall, not later than sixty days after its establishment, 752
915-consult with The University of Connecticut regarding entering into a 753
916-research partnership to provide studies, research, training, education 754
917-and any other manner of engagement in support of equity in the 755
918-cannabis business sector, equity applicants and licensees and equity in 756
919-the cannabis workforce. The commission shall seek to enter into formal 757
920-and informal partnerships with The University of Connecticut for not 758
921-more than one hundred eighty days and as needed thereafter. 759
922-Sec. 28. (NEW) (Effective from passage) Neither the presence of 760
923-cannabinoid components or metabolites in a person's bodily fluids nor 761
924-conduct related to the use of cannabis or the participation in cannabis-762
925-related business or other activities made lawful under section 3 or 11 or 763
926-sections 13 to 15, inclusive, of this act, or by any section of the general 764
927-statutes, the regulations of state agencies or a local ordinance, by a 765
928-custodial or noncustodial parent, grandparent, pregnant woman, legal 766
929-guardian or other person charged with the well-being of a child, shall 767
930-form the sole or primary basis for: (1) Any action or proceeding by a 768
931-child welfare agency or in a family or juvenile court, or (2) any adverse 769
932-finding, adverse evidence or restriction of any right of privilege in a 770
933-proceeding related to adoption, fostering or a person's fitness to adopt 771
934-or foster a child. 772
935-Sec. 29. (NEW) (Effective from passage) (a) On and after one hundred 773
936-eighty days after the effective date of this section: Any educational 774
937-institution receiving public funds or subject to the regulations of state 775 Substitute Bill No. 6377
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944-agencies shall revise and implement student disciplinary policies to 776
945-conform to the criteria in this section. 777
946-(b) The Department of Education and the Office of Higher Education, 778
947-in consultation with the Cannabis Control Commission and the Office 779
948-of Justice Reinvestment, shall adopt regulations in accordance with the 780
949-provisions of chapter 54 of the general statutes for the implementation 781
950-of the provisions of this section. Such regulations shall include, but not 782
951-be limited to, regulations for collecting information regarding student 783
952-disciplinary actions related to cannabis and to undertake remedial 784
953-measures to correct discriminatory conduct, disparate impacts and 785
954-improper implementation of the provisions of this section. 786
955-(c) Each educational institution subject to the provisions of subsection 787
956-(a) of this section shall file a detailed report, consistent with regulations 788
957-adopted pursuant to subsection (b) of this section, with the relevant 789
958-regulatory agency for each disciplinary action related to cannabis. 790
959-(d) Any student found unlawfully in possession of cannabis on the 791
960-premises of his or her school or while engaged in school activities, such 792
961-as field trips, athletic competitions or science fairs, may receive or be 793
962-subject to counseling, drug-related education or community service 794
963-related to the school, or any combination of such programs, as may be 795
964-appropriate for the individual student's educational and social needs. 796
965-Such disciplinary action shall not be more severe than equivalent school 797
966-penalties for the underage use of alcohol. 798
967-(e) Any educational institution subject to the provisions of subsection 799
968-(a) of this section may elect to establish a restorative justice program for 800
969-addressing matters related to cannabis, other controlled substances, 801
970-alcohol or tobacco. Any such restorative justice program shall include, 802
971-but not be limited to, an education curriculum that is tailored to the 803
972-needs and circumstances of individual students. 804
973-(f) Any educational institution subject to the provisions of subsection 805
974-(a) of this section may elect to establish a cannabis diversion program or 806 Substitute Bill No. 6377
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981-other substance abuse diversion program, as part of a school drug 807
982-policy. Any such diversion program shall include, but not be limited to, 808
983-counseling, support and education regarding cannabis abuse and other 809
984-substance abuse. 810
985-(g) No student found unlawfully in possession of cannabis on school 811
986-premises or while engaged in school activities, such as field trips, 812
987-athletic competitions or science fairs off school premises, may be subject 813
988-to out-of-school suspension of more than ten days. 814
989-(h) No school disciplinary policy shall be construed to prohibit the 815
990-involvement of a student or school in a criminal investigation 816
991-reasonably related to the unlawful possession or distribution of 817
992-cannabis on school premises or in the course of school activities. In any 818
993-investigation or other proceeding where a student subject to school 819
994-discipline for possession of cannabis may reasonably be expected to be 820
995-a witness or to be subject to arrest, the student shall have a right to 821
996-independent counsel free of charge. Any student entitled to counsel 822
997-under this section or any other provision of state, federal or tribal law 823
998-shall be promptly informed of his or her right to counsel and be granted 824
999-the means to request counsel by the school. 825
1000-(i) No beneficiary of financial aid or student loans shall have his or 826
1001-her eligibility, rights, privileges or options revoked, restricted or 827
1002-otherwise adversely changed on the basis of cannabis-related activity 828
1003-that is lawful under sections 13 to 15, inclusive, of this act. Any 829
1004-contractual provision or policy contrary to the provisions of this section 830
1005-shall be deemed void and against public policy. 831
1006-(j) No person lawfully dwelling in student housing shall be subject to 832
1007-discipline, termination of residency, eviction, or any other housing-833
1008-related sanction for cannabis-related activity permitted under sections 834
1009-13 to 15, inclusive, of this act or shall be subject to school discipline for 835
1010-cannabis-related activity permitted under sections 13 to 15, inclusive, of 836
1011-this act, that does not substantially involve housing-related misconduct. 837
1012-Any contractual provision or policy contrary to this section shall be 838 Substitute Bill No. 6377
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1019-deemed void and against public policy. 839
1020-(k) Violation of any provision of this section shall give rise to a private 840
1021-right of action by any student subject to school discipline under this 841
1022-section or any legal parent or guardian of such a student. Such private 842
1023-right of action may be filed in the superior court for the district in which 843
1024-the school is located. 844
1025-Sec. 30. (NEW) (Effective from passage) (a) On and after one hundred 845
1026-eighty days after the effective date of this section, it shall be unlawful to: 846
1027-(1) Refuse to rent, lease, license, sell or otherwise make unavailable 847
1028-any unit of housing on the basis of a person's prior charge or conviction 848
1029-for a cannabis-related offense or past, current or future involvement or 849
1030-participation in the lawful cannabis business sector; 850
1031-(2) Make any inquiry into a prospective tenant, licensee or 851
1032-purchaser's criminal history related to cannabis; or 852
1033-(3) Discriminate in the terms, conditions or privileges of the sale or 853
1034-rental of any dwelling on the basis of a person's prior charge or 854
1035-conviction for a cannabis-related offense or past, current or future 855
1036-involvement or participation in the lawful cannabis business sector. 856
1037-(b) Homeless shelters, respite homes, nursing homes and other long-857
1038-term care facilities shall not be exempt from the provisions of subsection 858
1039-(a) of this section. 859
1040-(c) The provisions of subsection (a) of this section shall not apply to 860
1041-sober living houses or other housing intended to provide a therapeutic 861
1042-or rehabilitative environment related to drug or alcohol use or to 862
1043-temporary lodgings, including hotels, motels, camps and private homes 863
1044-rented for brief stays. 864
1045-Sec. 31. (NEW) (Effective from passage) (a) On and after one hundred 865
1046-eighty days after the effective date of this section, the provisions of this 866
1047-section shall apply to any housing governed by the federal Quality 867 Substitute Bill No. 6377
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1054-Housing and Work Responsibility Act of 1998 or any housing governed 868
1055-by any other provisions of federal law that grants persons or entities that 869
1056-own or manage federally assisted housing the discretion to deny 870
1057-persons housing to or evict persons from housing on the basis of drug-871
1058-related offenses. 872
1059-(b) It shall be unlawful to refuse to rent, lease or license or to 873
1060-otherwise make unavailable any unit of housing subject to the 874
1061-provisions of this section on the basis of a person's charge or arrest for a 875
1062-cannabis-related offense, without a conviction or other substantial 876
1063-independent and relevant evidence based on actual conduct. 877
1064-(c) All persons or entities that own, manage or otherwise regulate 878
1065-housing subject to the provisions of this section shall provide written 879
1066-notification of any denial of housing or any eviction on the basis of the 880
1067-lawful cultivation, possession or use of cannabis or other cannabis-881
1068-related offense to the Cannabis Control Commission and the Office of 882
1069-Justice Reinvestment. Such written notice shall provide, with specificity, 883
1070-the name and address of the affected person, the race and ethnicity of 884
1071-the affected person, the gender of the affected person, the persons with 885
1072-knowledge and decision-making authority regarding the denial or 886
1073-eviction, the specific circumstances of the denial or eviction and the 887
1074-specific reasons, facts and evidence for the denial or eviction. Notice 888
1075-shall be issued to the office of the Attorney General not more than seven 889
1076-days after the denial or issuance of a notice of eviction. 890
1077-(d) The office of Attorney General shall conduct periodic disparate 891
1078-racial impact reviews of denials and evictions for cannabis-related 892
1079-reasons under Title VI of the federal Civil Rights Act of 1964, at its 893
1080-discretion, but not less than once every two years. If any such review 894
1081-identifies any pattern of disparate racial impact or intentional 895
1082-discrimination in the provision or retention of federally assisted housing 896
1083-on the basis of lawful cannabis activity, the office of the Attorney 897
1084-General shall promptly undertake, upon the recommendation of the 898
1085-Cannabis Control Commission or on its own initiative, such remedial 899
1086-and corrective measures as it deems reasonable, including seeking 900 Substitute Bill No. 6377
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1093-equitable and injunctive relief and imposing civil penalties not to exceed 901
1094-one hundred thousand dollars for each instance of a policy or practice 902
1095-that creates a disparate racial impact in the provision or retention of 903
1096-housing covered by this section. 904
1097-Sec. 32. (NEW) (Effective from passage) No provision of sections 1 to 33, 905
1098-inclusive, of this act shall be interpreted to infringe on tribal sovereignty 906
1099-to establish laws, regulations or ordinances or to govern and regulate 907
1100-matters of public policy within the boundaries of tribal jurisdiction. 908
1101-Lawful cannabis operations certified by the tribes shall be considered 909
1102-licensed entities for the purpose of commerce between tribal cannabis 910
1103-businesses and licensed cannabis businesses in this state. 911
1104-Sec. 33. Section 54-142d of the general statutes is repealed and the 912
1105-following is substituted in lieu thereof (Effective July 1, 2022): 913
1106-(a) Whenever any person has been convicted of an offense in any 914
1107-court in this state and such offense has been decriminalized subsequent 915
1108-to the date of such conviction, such person may file a petition with the 916
1109-[superior court] Superior Court at the location in which such conviction 917
1110-was effected, or with the [superior court] Superior Court at the location 918
1111-having custody of the records of such conviction or [with the records 919
1112-center of the Judicial Department] if such conviction was in the Court of 920
1113-Common Pleas, Circuit Court, municipal court or by a trial justice in the 921
1114-Superior Court where venue would exist for criminal prosecution, for 922
1115-an order of erasure, and the Superior Court [or records center of the 923
1116-Judicial Department] shall direct all police and court records and 924
1117-records of the state's or prosecuting attorney pertaining to such [case] 925
1118-offense to be physically destroyed, provided the person shall be given a 926
1119-complete paper or electronic copy of all records covered under this 927
1120-subsection that are certified for authenticity prior to the destruction of 928
1121-such records. If an electronic copy is provided to the person, no 929
1122-duplicate electronic record shall be retained by any agency, department 930
1123-or court covered under this subsection. 931
1124-(b) Any person who has been convicted on October 1, 2015, or 932 Substitute Bill No. 6377
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1131-thereafter, in any court in this state for possession of marijuana or a 933
1132-cannabis-type substance or for possession of marijuana or a cannabis-934
1133-type substance with the intent to distribute and the amount possessed 935
1134-was less than or equal to six ounces of such substance, may file a petition 936
1135-with the Superior Court at the location in which such conviction was 937
1136-effected, or with the Superior Court at the location having custody of 938
1137-the records of such conviction or if such conviction was in the Court of 939
1138-Common Pleas, Circuit Court, municipal court or by a trial justice, in the 940
1139-Superior Court where venue would currently exist for criminal 941
1140-prosecution, for an order of erasure. As part of such petition, such 942
1141-person shall include a copy of the arrest record or an affidavit 943
1142-supporting such person's petition that such person possessed six ounces 944
1143-or less of a cannabis-type substance for which such person was 945
1144-convicted. If such petition is in order, the Superior Court shall direct all 946
1145-police and court records and records of the state's or prosecuting 947
1146-attorney pertaining to such offense to be erased. No fee may be charged 948
1147-by any agency, department or court with respect to any petition under 949
1148-this subsection. The petitioner shall be given a complete paper or 950
1149-electronic copy of all records covered under this section that are certified 951
1150-for authenticity prior to the destruction of such records. If an electronic 952
1151-copy is provided, no duplicate electronic record shall be retained by any 953
1152-agency, department or court covered under this subsection. 954
1153-(c) The provisions of this section shall not apply to any police or court 955
1154-records or records of the state's or prosecuting attorney pertaining to 956
1155-such offense (1) while the criminal case is pending, or (2) in instances 957
1156-where the case contains more than one count, until the records 958
1157-pertaining to all counts are entitled to destruction or erasure. If the 959
1158-records pertaining to all counts are not entitled to destruction, the court 960
1159-shall direct the records of any offenses that would otherwise be entitled 961
1160-to destruction pursuant to this section to be erased pursuant to section 962
1161-54-142a, as amended by this act, provided the person to whom the 963
1162-records pertain shall be given a complete paper or electronic copy of all 964
1163-records subject to erasure under this subsection that are certified for 965
1164-authenticity prior to the erasure of the record. If an electronic copy is 966 Substitute Bill No. 6377
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1171-provided, no duplicate electronic record shall be retained by any 967
1172-agency, department or court covered under this subsection. No fee may 968
1173-be charged by any agency, department or court with respect to any 969
1174-action under this subsection. 970
1175-Sec. 34. (NEW) (Effective July 1, 2022) (a) Whenever prior to October 971
1176-1, 2015, any person has been convicted in any court of this state of 972
1177-possession under subsection (c) of section 21a-279 of the general 973
1178-statutes, all police and court records and records of the state's or 974
1179-prosecuting attorney pertaining to such a conviction in any court of this 975
1180-state shall be (1) erased, if such records are electronic records; or (2) 976
1181-deemed erased by operation of law, if such records are not electronic 977
1182-records. The person to whom the records pertain shall be given a 978
1183-complete paper or electronic copy of electronic records covered under 979
1184-this subsection that are certified for authenticity prior to the erasure of 980
1185-such records. No fee may be charged by any agency, department or 981
1186-court with respect to any petition or action under this subsection. 982
1187-(b) The provisions of this section shall not apply to any police or court 983
1188-records or the records of any state's attorney or prosecuting attorney 984
1189-with respect to any record referencing more than one count unless and 985
1190-until all counts are entitled to erasure in accordance with the provisions 986
1191-of this section, except that electronic records or portions of electronic 987
1192-records released to the public that reference a charge that would 988
1193-otherwise be entitled to erasure under this section shall be erased in 989
1194-accordance with the provisions of this section. The person to whom the 990
1195-records pertain shall be given a complete paper or electronic copy of 991
1196-electronic records covered under this subsection that are certified for 992
1197-authenticity prior to the erasure of such records. No fee may be charged 993
1198-by any agency, department or court with respect to any petition or 994
1199-action under this subsection. 995
1200-(c) Nothing in this section shall limit any other procedure for erasure 996
1201-of criminal history record information, as defined in section 54-142g of 997
1202-the general statutes, or prohibit a person from participating in any such 998 Substitute Bill No. 6377
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1209-procedure, even if such person's electronic criminal history record 999
1210-information has been erased pursuant to this section. 1000
1211-(d) For the purposes of this section, "electronic record" means any 1001
1212-police or court record or record of any state's attorney or prosecuting 1002
1213-attorney that is an electronic record, as defined in section 1-267 of the 1003
1214-general statutes, other than a scanned copy of a physical document. 1004
1215-(e) Nothing in this section shall be construed to require the redaction 1005
1216-of records held internally by the Department of Correction. 1006
1217-Sec. 35. Section 21a-408s of the general statutes is repealed and the 1007
1218-following is substituted in lieu thereof (Effective from passage): 1008
1219-(a) [No] A laboratory or a laboratory employee licensed for the testing 1009
1220-of cannabis and cannabis products may [(1) acquire marijuana from a 1010
1221-person other than a licensed producer, licensed dispensary or 1011
1222-organization engaged in a research program, (2) deliver, transport or 1012
1223-distribute marijuana to (A) a person who is not a licensed dispensary, 1013
1224-(B) a person who is not a licensed producer, or (C) an organization not 1014
1225-engaged in a research program, or (3)] acquire and test cannabis or 1015
1226-cannabis products obtained from any source or person and may report 1016
1227-the test results to the person requesting such test without inquiry into 1017
1228-the source of the cannabis or cannabis product, provided the laboratory 1018
1229-or laboratory employee (1) finds such testing is relevant to health or 1019
1230-safety, and (2) does not obtain or transport marijuana outside of this 1020
1231-state in violation of state or federal law. 1021
1232-(b) (1) No laboratory employee acting within the scope of his or her 1022
1233-employment shall be subject to arrest or prosecution, penalized in any 1023
1234-manner, including, but not limited to, being subject to any civil penalty, 1024
1235-or denied any right or privilege, including, but not limited to, being 1025
1236-subject to any disciplinary action by a professional licensing board, for 1026
1237-[acquiring, possessing, delivering, transporting or distributing 1027
1238-marijuana to a licensed dispensary, a licensed producer or an 1028
1239-organization engaged in an approved research program under the 1029 Substitute Bill No. 6377
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1246-provisions of this chapter] obtaining and testing cannabis products and 1030
1247-reporting test results pursuant to subsection (a) of this section. 1031
1248-(2) No laboratory shall be subject to prosecution, penalized in any 1032
1249-manner, including, but not limited to, being subject to any civil penalty 1033
1250-or denied any right or privilege, for [acquiring, possessing, delivering, 1034
1251-transporting or distributing marijuana to a licensed dispensary, a 1035
1252-licensed producer or an organization engaged in an approved research 1036
1253-program under the provisions of this chapter] obtaining and testing 1037
1254-cannabis products and reporting test results pursuant to subsection (a) 1038
1255-of this section. 1039
1256-(c) Nothing in subsection (a) or (b) of this section shall be interpreted 1040
1257-to release any laboratory employee from any requirement, obligation, 1041
1258-responsibility or liability to any government agency arising from law or 1042
1259-regulation or as a condition of licensing. 1043
1260-Sec. 36. (NEW) (Effective October 1, 2021) (a) A person is guilty of 1044
1261-smoking, otherwise inhaling or ingesting cannabis while operating a 1045
1262-motor vehicle when he or she smokes, otherwise inhales or ingests a 1046
1263-cannabis product while operating a motor vehicle upon a public 1047
1264-highway of this state or upon any road of any specially chartered 1048
1265-municipal association or of any district organized under the provisions 1049
1266-of chapter 105 of the general statutes, a purpose of which is the 1050
1267-construction and maintenance of roads and sidewalks, or in any parking 1051
1268-area for ten cars or more or upon any private road on which a speed 1052
1269-limit has been established in accordance with the provisions of section 1053
1270-14-218a of the general statutes or upon any school property. No person 1054
1271-shall be convicted of smoking or otherwise inhaling or ingesting 1055
1272-cannabis while operating a motor vehicle and possessing or having 1056
1273-under such person's control a controlled substance upon the same 1057
1274-transaction. A person may be charged and prosecuted for either or each 1058
1275-such offense, a violation of operating a motor vehicle while under the 1059
1276-influence of any drug and any other applicable offense upon the same 1060
1277-information. 1061 Substitute Bill No. 6377
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1284-(b) Smoking, otherwise inhaling or ingesting cannabis while 1062
1285-operating a motor vehicle is a class C misdemeanor. 1063
1286-Sec. 37. (NEW) (Effective October 1, 2021) (a) A person is guilty of 1064
1287-smoking cannabis in a motor vehicle when he or she smokes cannabis 1065
1288-in a motor vehicle that is being operated by another person upon a 1066
1289-public highway of this state or upon any road of any specially chartered 1067
1290-municipal association or of any district organized under the provisions 1068
1291-of chapter 105 of the general statutes, a purpose of which is the 1069
1292-construction and maintenance of roads and sidewalks, or in any parking 1070
1293-area for ten cars or more or upon any private road on which a speed 1071
1294-limit has been established in accordance with the provisions of section 1072
1295-14-218a of the general statutes or upon any school property. No person 1073
1296-shall be convicted of smoking cannabis as a passenger in a motor vehicle 1074
1297-and possessing or having under such person's control a controlled 1075
1298-substance upon the same transaction, but such person may be charged 1076
1299-and prosecuted for both offenses upon the same information. 1077
1300-(b) Smoking cannabis in a motor vehicle is a class D misdemeanor. 1078
1301-Sec. 38. (NEW) (Effective July 1, 2021) (a) Not later than January 1, 1079
1302-2022, each law enforcement unit shall report to the Police Officer 1080
1303-Standards and Training Council, in the manner specified by the council, 1081
1304-a recommendation as to the minimum number of officers that such law 1082
1305-enforcement unit should have accredited as drug recognition experts in 1083
1306-order to ensure adequate availability of drug recognition experts to 1084
1307-respond to instances of impaired driving, taking into account that law 1085
1308-enforcement units may call upon drug recognition experts from other 1086
1309-law enforcement units as necessary and available. Such 1087
1310-recommendation shall be based on data on impaired driving made 1088
1311-available to law enforcement units by the Department of Transportation 1089
1312-and any guidance issued by the council. 1090
1313-(b) The Police Officer Standards and Training Council, in conjunction 1091
1314-with the Highway Safety Office within the Department of 1092 Substitute Bill No. 6377
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1321-Transportation, shall determine the minimum number of police officers 1093
1322-to be accredited as drug recognition experts for each law enforcement 1094
1323-unit. In making such determination, the council and office shall consider 1095
1324-the recommendation made by each law enforcement unit pursuant to 1096
1325-subsection (a) of this section. The council and office shall submit the 1097
1326-results of such determination to the Governor and the Secretary of the 1098
1327-Office of Policy and Management not later than July 1, 2022. 1099
1328-(c) Not later than April 1, 2022, the Police Officer Standards and 1100
1329-Training Council shall develop and promulgate a model drug 1101
1330-recognition expert policy to ensure that enough police officers become 1102
1331-trained drug recognition experts in each law enforcement unit to meet 1103
1332-the minimum number established in subsection (b) of this section. 1104
1333-(d) Not later than October 1, 2022, each law enforcement unit shall 1105
1334-adopt and maintain a written policy that meets or exceeds the standards 1106
1335-of the model policy developed pursuant to subsection (c) of this section. 1107
1336-(e) Not later than January 1, 2022, the Police Officer Standards and 1108
1337-Training Council and the Highway Safety Office within the Department 1109
1338-of Transportation shall jointly issue a plan to increase access to 1110
1339-advanced roadside impaired driving enforcement training and drug 1111
1340-recognition expert training for police officers and law enforcement units 1112
1341-in the state. 1113
1342-(f) On and after January 1, 2022, each police officer who has not yet 1114
1343-been recertified pursuant to section 7-294e of the general statutes for the 1115
1344-first time after receiving an initial certification, shall complete training 1116
1345-and receive certification in advanced roadside impaired driving 1117
1346-enforcement prior to being recertified pursuant to section 7-294e of the 1118
1347-general statutes. 1119
1348-(g) For purposes of this section, "advanced roadside impaired driving 1120
1349-enforcement" means a program developed by the National Highway 1121
1350-Traffic Safety Administration with the International Association of 1122
1351-Chiefs of Police and the Technical Advisory Panel, which focuses on 1123 Substitute Bill No. 6377
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1358-impaired driving enforcement education for police officers, or any 1124
1359-successor to such program; "drug recognition expert" means a person 1125
1360-certified by the International Association of Chiefs of Police as having 1126
1361-met all requirements of the International Drug Evaluation and 1127
1362-Classification Program; "law enforcement unit" has the same meaning 1128
1363-as provided in section 7-294a of the general statutes; and "Police Officer 1129
1364-Standards and Training Council" means the council established under 1130
1365-section 7-294b of the general statutes. 1131
1366-Sec. 39. Subsections (a) to (e), inclusive, of section 14-227a of the 1132
1367-general statutes are repealed and the following is substituted in lieu 1133
1368-thereof (Effective April 1, 2022): 1134
1369-(a) No person shall operate a motor vehicle while under the influence 1135
1370-of intoxicating liquor or any drug or both. A person commits the offense 1136
1371-of operating a motor vehicle while under the influence of intoxicating 1137
1372-liquor or any drug or both if such person operates a motor vehicle (1) 1138
1373-while under the influence of intoxicating liquor or any drug or both, or 1139
1374-(2) while such person has an elevated blood alcohol content. For the 1140
1375-purposes of this section, "elevated blood alcohol content" means a ratio 1141
1376-of alcohol in the blood of such person that is eight-hundredths of one 1142
1377-per cent or more of alcohol, by weight, except that if such person is 1143
1378-operating a commercial motor vehicle, "elevated blood alcohol content" 1144
1379-means a ratio of alcohol in the blood of such person that is four-1145
1380-hundredths of one per cent or more of alcohol, by weight, and "motor 1146
1381-vehicle" includes a snowmobile and all-terrain vehicle, as those terms 1147
1382-are defined in section 14-379. For purposes of this section, section 14-1148
1383-227b, as amended by this act, and section 14-227c, as amended by this 1149
1384-act, (A) "advanced roadside impaired driving enforcement" means a 1150
1385-program developed by the National Highway Traffic Safety 1151
1386-Administration with the International Association of Chiefs of Police 1152
1387-and the Technical Advisory Panel, which focuses on impaired driving 1153
1388-enforcement education for police officers, or any successor to such 1154
1389-program; (B) "drug influence evaluation" means a twelve-part 1155
1390-evaluation developed by the National Highway Traffic Safety 1156 Substitute Bill No. 6377
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1396-
1397-Administration and the International Association of Chiefs of Police that 1157
1398-is conducted by a drug recognition expert to determine the level of a 1158
1399-person's impairment from the use of drugs and the drug category 1159
1400-causing such impairment; (C) "drug recognition expert" means a person 1160
1401-certified by the International Association of Chiefs of Police as having 1161
1402-met all requirements of the International Drug Evaluation and 1162
1403-Classification Program; and (D) "nontestimonial portion of a drug 1163
1404-influence evaluation" means a drug influence evaluation conducted by 1164
1405-a drug recognition expert that does not include a verbal interview with 1165
1406-the subject. 1166
1407-(b) (1) Except as provided in subsection (c) of this section, in any 1167
1408-criminal prosecution for violation of subsection (a) of this section, 1168
1409-evidence respecting the amount of alcohol or drug in the defendant's 1169
1410-blood or urine at the time of the alleged offense, as shown by a chemical 1170
1411-[analysis] test of the defendant's breath, blood or urine, shall be 1171
1412-admissible and competent provided: [(1)] (A) The defendant was 1172
1413-afforded a reasonable opportunity to telephone an attorney prior to the 1173
1414-performance of the test and consented to the taking of the test upon 1174
1415-which such analysis is made; [(2)] (B) a true copy of the report of the test 1175
1416-result was mailed to or personally delivered to the defendant within 1176
1417-twenty-four hours or by the end of the next regular business day, after 1177
1418-such result was known, whichever is later; [(3)] (C) the test was 1178
1419-performed by or at the direction of a police officer according to methods 1179
1420-and with equipment approved by the Department of Emergency 1180
1421-Services and Public Protection and was performed in accordance with 1181
1422-the regulations adopted under subsection (d) of this section; [(4)] (D) the 1182
1423-device used for such test was checked for accuracy in accordance with 1183
1424-the regulations adopted under subsection (d) of this section; [(5)] (E) an 1184
1425-additional chemical test of the same type was performed at least ten 1185
1426-minutes after the initial test was performed or, if requested by the police 1186
1427-officer for reasonable cause, an additional chemical test of a different 1187
1428-type was performed, including a test to detect the presence of a drug or 1188
1429-drugs other than or in addition to alcohol, provided the results of the 1189
1430-initial test shall not be inadmissible under this subsection if reasonable 1190 Substitute Bill No. 6377
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1437-efforts were made to have such additional test performed in accordance 1191
1438-with the conditions set forth in this subsection and (i) such additional 1192
1439-test was not performed or was not performed within a reasonable time, 1193
1440-or (ii) the results of such additional test are not admissible for failure to 1194
1441-meet a condition set forth in this subsection; and [(6)] (F) evidence is 1195
1442-presented that the test was commenced within two hours of operation. 1196
1443-In any prosecution under this section it shall be a rebuttable 1197
1444-presumption that the results of such chemical [analysis] test establish 1198
1445-the ratio of alcohol in the blood of the defendant at the time of the 1199
1446-alleged offense, except that if the results of the additional test indicate 1200
1447-that the ratio of alcohol in the blood of such defendant is ten-hundredths 1201
1448-of one per cent or less of alcohol, by weight, and is higher than the 1202
1449-results of the first test, evidence shall be presented that demonstrates 1203
1450-that the test results and the analysis thereof accurately indicate the blood 1204
1451-alcohol content at the time of the alleged offense. 1205
1452-(2) If a law enforcement officer who is a drug recognition expert 1206
1453-conducts a drug influence evaluation, the officer's testimony concerning 1207
1454-such evaluation shall be admissible and competent as evidence of 1208
1455-operation of a motor vehicle while under the influence of liquor or any 1209
1456-drug, or both, under subdivision (1) of subsection (a) of this section. 1210
1457-(c) In any prosecution for a violation of subdivision (1) of subsection 1211
1458-(a) of this section, reliable evidence respecting the amount of alcohol in 1212
1459-the defendant's blood or urine at the time of the alleged offense, as 1213
1460-shown by a chemical analysis of the defendant's blood, breath or urine, 1214
1461-otherwise admissible under subdivision (1) of subsection (b) of this 1215
1462-section, shall be admissible only at the request of the defendant. 1216
1463-(d) The Commissioner of Emergency Services and Public Protection 1217
1464-shall ascertain the reliability of each method and type of device offered 1218
1465-for chemical testing [and analysis purposes] of blood, of breath and of 1219
1466-urine and certify those methods and types which [said] the 1220
1467-commissioner finds suitable for use in testing [and analysis] of blood, 1221
1468-breath and urine, respectively, in this state. The Commissioner of 1222
1469-Emergency Services and Public Protection shall adopt regulations, in 1223 Substitute Bill No. 6377
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1476-accordance with chapter 54, governing the conduct of chemical tests, the 1224
1477-operation and use of chemical test devices, the training and certification 1225
1478-of operators of such devices and the drawing or obtaining of blood, 1226
1479-breath or urine samples as [said] the commissioner finds necessary to 1227
1480-protect the health and safety of persons who submit to chemical tests 1228
1481-and to insure reasonable accuracy in testing results. Such regulations 1229
1482-shall not require recertification of a police officer solely because such 1230
1483-officer terminates such officer's employment with the law enforcement 1231
1484-agency for which certification was originally issued and commences 1232
1485-employment with another such agency. A person qualified to withdraw 1233
1486-blood or any hospital, laboratory or other clinic employing or utilizing 1234
1487-the services of such a person shall not incur any civil liability as a result 1235
1488-of such activities if requested by a police officer acting in accordance 1236
1489-with this section or section 14-227c, as amended by this act, to withdraw 1237
1490-blood unless the actions of the person while performing such activities 1238
1491-constitute gross negligence. 1239
1492-(e) (1) In any criminal prosecution for a violation of subsection (a) of 1240
1493-this section, evidence that the defendant refused to submit to a blood, 1241
1494-breath or urine test or the nontestimonial portion of a drug influence 1242
1495-evaluation requested in accordance with section 14-227b, as amended 1243
1496-by this act, shall be admissible provided the requirements of subsection 1244
1497-(b) of said section have been satisfied. If a case involving a violation of 1245
1498-subsection (a) of this section is tried to a jury, the court shall instruct the 1246
1499-jury as to any inference that may or may not be drawn from the 1247
1500-defendant's refusal to submit to [a blood, breath or urine test] such a test 1248
1501-or evaluation. 1249
1502-(2) A drug recognition expert may testify as to his or her opinion or 1250
1503-otherwise as to the significance of any symptoms of impairment or 1251
1504-intoxication for which evidence has been admitted or on the condition 1252
1505-that such evidence be introduced. 1253
1506-(3) In any prosecution for a violation of subdivision (1) of subsection 1254
1507-(a) of this section in which it is alleged that the defendant's operation of 1255
1508-a motor vehicle was impaired, in whole or in part, by consumption of 1256 Substitute Bill No. 6377
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1515-cannabis, cannabis products or THC, the court may take judicial notice 1257
1516-that the ingestion of THC (A) can impair a person's ability to operate a 1258
1517-motor vehicle; (B) can impair a person's motor function, reaction time, 1259
1518-tracking ability, cognitive attention, decision-making, judgment, 1260
1519-perception, peripheral vision, impulse control and memory; and (C) 1261
1520-does not enhance a person's ability to safely operate a motor vehicle. For 1262
1521-the purposes of this subdivision, "cannabis" and "cannabis products" 1263
1522-have the same meaning as provided in section 1 of this act and "THC" 1264
1523-means tetrahydrocannabinol and any material, compound, mixture or 1265
1524-preparation which contain their salts, isomers and salts of isomers, 1266
1525-whenever the existence of such salts, isomers and salts of isomers is 1267
1526-possible within the specific chemical designation, regardless of the 1268
1527-source, except: (i) Dronabinol in sesame oil and encapsulated in a soft 1269
1528-gelatin capsule in a federal Food and Drug Administration approved 1270
1529-product, and (ii) any tetrahydrocannabinol product that has been 1271
1530-approved by the federal Food and Drug Administration or successor 1272
1531-agency to have a medical use and reclassified in any schedule of 1273
1532-controlled substances or unscheduled by the federal Drug Enforcement 1274
1533-Administration or successor agency. 1275
1534-Sec. 40. Section 14-227b of the general statutes is repealed and the 1276
1535-following is substituted in lieu thereof (Effective April 1, 2022): 1277
1536-(a) Any person who operates a motor vehicle in this state shall be 1278
1537-deemed to have given such person's consent to: [a] (1) A chemical 1279
1538-[analysis] test of such person's blood, breath or urine; [and, if] and (2) a 1280
1539-nontestimonial portion of a drug influence evaluation conducted by a 1281
1540-drug recognition expert. If such person is a minor, such person's parent 1282
1541-or parents or guardian shall also be deemed to have given their consent 1283
1542-for such test or evaluation. 1284
1543-[(b) If any such person, having been placed under arrest for a 1285
1544-violation of section 14-227a or 14-227m or subdivision (1) or (2) of 1286
1545-subsection (a) of section 14-227n, and thereafter, after being apprised of 1287
1546-such person's constitutional rights, having been requested to submit to 1288
1547-a blood, breath or urine test at the option of the police officer, having 1289 Substitute Bill No. 6377
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1553-
1554-been afforded a reasonable opportunity to telephone an attorney prior 1290
1555-to the performance of such test and having been informed that such 1291
1556-person's license or nonresident operating privilege may be suspended 1292
1557-in accordance with the provisions of this section if such person refuses 1293
1558-to submit to such test, or if such person submits to such test and the 1294
1559-results of such test indicate that such person has an elevated blood 1295
1560-alcohol content, and that evidence of any such refusal shall be 1296
1561-admissible in accordance with subsection (e) of section 14-227a and may 1297
1562-be used against such person in any criminal prosecution, refuses to 1298
1563-submit to the designated test, the test shall not be given; provided, if the 1299
1564-person refuses or is unable to submit to a blood test, the police officer 1300
1565-shall designate the breath or urine test as the test to be taken. The police 1301
1566-officer shall make a notation upon the records of the police department 1302
1567-that such officer informed the person that such person's license or 1303
1568-nonresident operating privilege may be suspended if such person 1304
1569-refused to submit to such test or if such person submitted to such test 1305
1570-and the results of such test indicated that such person had an elevated 1306
1571-blood alcohol content.] 1307
1572-(b) (1) A police officer who has placed a person under arrest for a 1308
1573-violation of section 14-227a, as amended by this act, 14-227m or 1309
1574-subdivision (1) or (2) of subsection (a) of section 14-227n may request 1310
1575-that such person submit to a blood, breath or urine test at the option of 1311
1576-the police officer, a drug influence evaluation conducted by a drug 1312
1577-recognition expert, or both, after such person has been (A) apprised of 1313
1578-such person's constitutional rights; (B) afforded a reasonable 1314
1579-opportunity to telephone an attorney prior to the performance of such 1315
1580-test or evaluation; (C) informed that evidence of any refusal to submit 1316
1581-to such test or evaluation shall be admissible in accordance with 1317
1582-subsection (e) of section 14-227a, as amended by this act, and may be 1318
1583-used against such person in any criminal prosecution, except that 1319
1584-refusal to submit to the testimonial portions of a drug influence 1320
1585-evaluation shall not be considered evidence of refusal of such evaluation 1321
1586-for purposes of any criminal prosecution; and (D) informed that such 1322
1587-person's license or operating privilege may be suspended in accordance 1323 Substitute Bill No. 6377
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1593-
1594-with the provisions of this section if (i) such person refuses to submit to 1324
1595-such test or the nontestimonial portion of a drug influence evaluation, 1325
1596-(ii) such person submits to such test and the results of such test indicate 1326
1597-that such person has an elevated blood alcohol content, or (iii) the officer 1327
1598-believes there is substantial evidence to conclude that such person was 1328
1599-operating a motor vehicle under the influence of intoxicating liquor or 1329
1600-any drug, or both. 1330
1601-(2) If the person refuses to submit to any test or drug influence 1331
1602-evaluation, the test or evaluation shall not be given, except if the person 1332
1603-refuses or is unable to submit to a blood test, the police officer shall 1333
1604-designate another test to be taken. If a person submits to a breath test 1334
1605-and the results indicate that the person does not have an elevated blood 1335
1606-alcohol content, the police officer may request that the person submit to 1336
1607-a different type of test, except that if such person refuses or is unable to 1337
1608-submit to a blood test, the officer shall designate a urine test to be taken. 1338
1609-The police officer shall make a notation upon the records of the law 1339
1610-enforcement unit, as defined in section 7-294a, that such officer 1340
1611-informed the person that such person's license or operating privilege 1341
1612-may be suspended if (A) such person refused to submit to such test or 1342
1613-nontestimonial portion of a drug influence evaluation; (B) such person 1343
1614-submitted to such test and the results of such test indicated that such 1344
1615-person had an elevated blood alcohol content; or (C) the officer believes 1345
1616-there is substantial evidence to conclude that such person was operating 1346
1617-a motor vehicle under the influence of intoxicating liquor or any drug, 1347
1618-or both. 1348
1619-(c) If the person arrested refuses to submit to such test or [analysis] 1349
1620-nontestimonial portion of a drug influence evaluation or submits to such 1350
1621-test, [or analysis,] commenced within two hours of the time of operation, 1351
1622-and the results of such test [or analysis] indicate that such person has an 1352
1623-elevated blood alcohol content, the police officer, acting on behalf of the 1353
1624-Commissioner of Motor Vehicles, shall immediately revoke and take 1354
1625-possession of the motor vehicle operator's license or, if such person is 1355
1626-not licensed or is a nonresident, suspend the [nonresident] operating 1356 Substitute Bill No. 6377
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1632-
1633-privilege of such person, for a twenty-four-hour period. The police 1357
1634-officer shall prepare a report of the incident and shall mail or otherwise 1358
1635-transmit in accordance with this subsection the report and a copy of the 1359
1636-results of any chemical test [or analysis] to the Department of Motor 1360
1637-Vehicles within three business days, except that failure of an officer to 1361
1638-mail or transmit such report within three business days shall not impact 1362
1639-a decision to suspend such person's license or operating privilege and 1363
1640-shall not render such report inadmissible at a hearing under this section. 1364
1641-The report shall contain such information as prescribed by the 1365
1642-Commissioner of Motor Vehicles and shall be subscribed and sworn to 1366
1643-under penalty of false statement as provided in section 53a-157b by the 1367
1644-arresting officer. If the person arrested refused to submit to such test or 1368
1645-[analysis] evaluation, the report shall be endorsed by a third person who 1369
1646-witnessed such refusal. The report shall set forth the grounds for the 1370
1647-officer's belief that there was probable cause to arrest such person for a 1371
1648-violation of section 14-227a, as amended by this act, or 14-227m or 1372
1649-subdivision (1) or (2) of subsection (a) of section 14-227n and shall state 1373
1650-that such person had refused to submit to such test or [analysis] 1374
1651-evaluation when requested by such police officer to do so or that such 1375
1652-person submitted to such test, [or analysis,] commenced within two 1376
1653-hours of the time of operation, and the results of such test [or analysis] 1377
1654-indicated that such person had an elevated blood alcohol content. The 1378
1655-Commissioner of Motor Vehicles may accept a police report under this 1379
1656-subsection that is prepared and transmitted as an electronic record, 1380
1657-including electronic signature or signatures, subject to such security 1381
1658-procedures as the commissioner may specify and in accordance with the 1382
1659-provisions of sections 1-266 to 1-286, inclusive. In any hearing 1383
1660-conducted pursuant to the provisions of subsection (g) of this section, it 1384
1661-shall not be a ground for objection to the admissibility of a police report 1385
1662-that it is an electronic record prepared by electronic means. 1386
1663-[(d) If the person arrested submits to a blood or urine test at the 1387
1664-request of the police officer, and the specimen requires laboratory 1388
1665-analysis in order to obtain the test results, the police officer shall not take 1389
1666-possession of the motor vehicle operator's license of such person or, 1390 Substitute Bill No. 6377
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1672-
1673-except as provided in this subsection, follow the procedures subsequent 1391
1674-to taking possession of the operator's license as set forth in subsection 1392
1675-(c) of this section. If the test results indicate that such person has an 1393
1676-elevated blood alcohol content, the police officer, immediately upon 1394
1677-receipt of the test results, shall notify the Commissioner of Motor 1395
1678-Vehicles and submit to the commissioner the written report required 1396
1679-pursuant to subsection (c) of this section.] 1397
1680-(d) If a police officer who has placed a person under arrest for a 1398
1681-violation of section 14-227a, as amended by this act, 14-227m or 1399
1682-subdivision (1) or (2) of subsection (a) of section 14-227n does not 1400
1683-request that such person submit to a blood, breath or urine test under 1401
1684-subsection (b) of this section, or obtains results from a test administered 1402
1685-under subsection (b) of this section that indicate that the person does not 1403
1686-have an elevated blood alcohol content, such officer shall: 1404
1687-(1) Advise such person that such person's license or operating 1405
1688-privilege may be suspended in accordance with the provisions of this 1406
1689-section if such police officer believes there is substantial evidence to 1407
1690-conclude that such person was operating a motor vehicle under the 1408
1691-influence of intoxicating liquor or any drug, or both; and 1409
1692-(2) Submit a report to the commissioner in accordance with the 1410
1693-procedure set forth in subsection (c) of this section and, if such report 1411
1694-contains the results of a blood, breath or urine test that does not show 1412
1695-an elevated blood alcohol content, such report shall conform to the 1413
1696-requirements in subsection (c) of this section for reports that contain 1414
1697-results showing an elevated blood alcohol content. In any report 1415
1698-submitted under this subdivision, the officer shall document (A) the 1416
1699-basis for the officer's belief that there was probable cause to arrest such 1417
1700-person for a violation of section 14-227a, as amended by this act, or 14-1418
1701-227m or subdivision (1) or (2) of subsection (a) of section 14-227n, and 1419
1702-(B) whether the officer believes that there is substantial evidence to 1420
1703-conclude that the person was operating a motor vehicle under the 1421
1704-influence of intoxicating liquor or any drug, or both. With such report, 1422
1705-the officer may submit other supporting documentation indicating the 1423 Substitute Bill No. 6377
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1711-
1712-person's intoxication by liquor or any drug, or both. If the officer 1424
1713-believes there is substantial evidence to conclude that the person was 1425
1714-operating a motor vehicle under the influence of intoxicating liquor or 1426
1715-any drug, or both, the officer shall immediately revoke and take 1427
1716-possession of the motor vehicle operator's license or, if such person is 1428
1717-not licensed or is a nonresident, suspend the operating privilege of such 1429
1718-person for a twenty-four-hour period. 1430
1719-(e) (1) Except as provided in subdivision (2) of this subsection, upon 1431
1720-receipt of [such] a report submitted under subsection (c) or (d) of this 1432
1721-section, the [Commissioner of Motor Vehicles] commissioner may 1433
1722-suspend any operator's license or [nonresident] operating privilege of 1434
1723-such person effective as of a date certain, which date certain shall be not 1435
1724-later than thirty days [after] from the later of the date such person 1436
1725-received (A) notice of such person's arrest by the police officer, or (B) the 1437
1726-results of a blood or urine test or a drug influence evaluation. Any 1438
1727-person whose operator's license or [nonresident] operating privilege has 1439
1728-been suspended in accordance with this subdivision shall automatically 1440
1729-be entitled to a hearing before the commissioner to be held in accordance 1441
1730-with the provisions of chapter 54 and prior to the effective date of the 1442
1731-suspension. The commissioner shall send a suspension notice to such 1443
1732-person informing such person that such person's operator's license or 1444
1733-[nonresident] operating privilege is suspended as of a date certain and 1445
1734-that such person is entitled to a hearing prior to the effective date of the 1446
1735-suspension and may schedule such hearing by contacting the 1447
1736-Department of Motor Vehicles not later than seven days after the date 1448
1737-of mailing of such suspension notice. 1449
1738-(2) [If the person arrested (A) is] Upon receipt of a report that (A) the 1450
1739-person's arrest involved [in] an accident resulting in a fatality, or (B) the 1451
1740-person has previously had such person's operator's license or 1452
1741-[nonresident] operating privilege suspended under the provisions of 1453
1742-section 14-227a, as amended by this act, 14-227m or 14-227n, as amended 1454
1743-by this act, during the ten-year period preceding the present arrest, 1455
1744-[upon receipt of such report, the Commissioner of Motor Vehicles] the 1456 Substitute Bill No. 6377
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1750-
1751-commissioner may suspend any operator's license or [nonresident] 1457
1752-operating privilege of such person effective as of the date specified in a 1458
1753-notice of such suspension to such person. [Any] A person whose 1459
1754-operator's license or [nonresident] operating privilege has been 1460
1755-suspended in accordance with this subdivision shall automatically be 1461
1756-entitled to a hearing before the commissioner, to be held in accordance 1462
1757-with the provisions of chapter 54. The commissioner shall send a 1463
1758-suspension notice to such person informing such person that such 1464
1759-person's operator's license or [nonresident] operating privilege is 1465
1760-suspended as of the date specified in such suspension notice, and that 1466
1761-such person is entitled to a hearing and may schedule such hearing by 1467
1762-contacting the Department of Motor Vehicles not later than seven days 1468
1763-after the date of mailing of such suspension notice. Any suspension 1469
1764-issued under this subdivision shall remain in effect until such 1470
1765-suspension is affirmed under subsection (f) of this section or such 1471
1766-operator's license or [nonresident] operating privilege is reinstated in 1472
1767-accordance with [subsections (f) and] subsection (h) of this section. 1473
1768-(f) If such person does not contact the department to schedule a 1474
1769-hearing, the commissioner shall affirm the suspension contained in the 1475
1770-suspension notice for the appropriate period specified in subsection (i) 1476
1771-of this section. 1477
1772-(g) (1) If such person contacts the department to schedule a hearing, 1478
1773-the department shall assign a date, time and place for the hearing, which 1479
1774-date shall be prior to the effective date of the suspension, except that, 1480
1775-with respect to a person whose operator's license or [nonresident] 1481
1776-operating privilege is suspended in accordance with subdivision (2) of 1482
1777-subsection (e) of this section, such hearing shall be scheduled not later 1483
1778-than thirty days after such person contacts the department. At the 1484
1779-request of such person, the hearing officer or the department and upon 1485
1780-a showing of good cause, the commissioner may grant one or more 1486
1781-continuances. [The hearing] 1487
1782-(2) A hearing based on a report submitted under subsection (c) of this 1488
1783-section shall be limited to a determination of the following issues: [(1)] 1489 Substitute Bill No. 6377
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1789-
1790-(A) Did the police officer have probable cause to arrest the person for 1490
1791-operating a motor vehicle while under the influence of intoxicating 1491
1792-liquor or any drug, or both; [(2)] (B) was such person placed under 1492
1793-arrest; [(3)] (C) did such person (i) refuse to submit to such test or 1493
1794-[analysis or did such person] nontestimonial portion of a drug influence 1494
1795-evaluation, or (ii) submit to such test, [or analysis,] commenced within 1495
1796-two hours of the time of operation, and the results of such test [or 1496
1797-analysis] indicated that such person had an elevated blood alcohol 1497
1798-content; and [(4)] (D) was such person operating the motor vehicle. 1498
1799-(3) A hearing based on a report submitted under subsection (d) of this 1499
1800-section shall be limited to a determination of the following issues: (A) 1500
1801-Did the police officer have probable cause to arrest the person for 1501
1802-operating a motor vehicle while under the influence of intoxicating 1502
1803-liquor or any drug, or both; (B) was such person placed under arrest; (C) 1503
1804-is there substantial evidence to conclude that such person was operating 1504
1805-a motor vehicle under the influence of intoxicating liquor or any drug, 1505
1806-or both; and (D) was such person operating the motor vehicle. 1506
1807-(4) In [the] a hearing under this subsection, the results of the test, [or 1507
1808-analysis] if administered, shall be sufficient to indicate the ratio of 1508
1809-alcohol in the blood of such person at the time of operation, provided 1509
1810-such test was commenced within two hours of the time of operation. 1510
1811-The fees of any witness summoned to appear at [the] a hearing under 1511
1812-this subsection shall be the same as provided by the general statutes for 1512
1813-witnesses in criminal cases. Notwithstanding the provisions of 1513
1814-subsection (a) of section 52-143, any subpoena summoning a police 1514
1815-officer as a witness shall be served not less than seventy-two hours prior 1515
1816-to the designated time of the hearing. 1516
1817-(5) In a hearing based on a report submitted under subsection (d) of 1517
1818-this section, evidence of operation under the influence of intoxicating 1518
1819-liquor or any drug, or both shall be admissible. Such evidence may 1519
1820-include, but need not be limited to, (A) the police officer's observations 1520
1821-of intoxication, as documented in a report submitted to the 1521
1822-commissioner under subsection (d) of this section; (B) the results of any 1522 Substitute Bill No. 6377
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1828-
1829-chemical test administered under this section or a toxicology report 1523
1830-certified by the Division of Scientific Services within the Department of 1524
1831-Emergency Services and Public Protection; (C) hospital or medical 1525
1832-records obtained in accordance with subsection (j) of this section or by 1526
1833-the consent of the operator; (D) the results of any tests conducted by, or 1527
1834-the report of, an officer trained in advanced roadside impaired driving 1528
1835-enforcement; or (E) reports of drug recognition experts. 1529
1836-(h) If, after [such] a hearing under subdivision (2) of subsection (g) of 1530
1837-this section, the commissioner finds in the negative on any one of the 1531
1838-[said] issues [in the negative] specified in subparagraph (A), (B), (C) or 1532
1839-(D) of said subdivision, the commissioner shall reinstate such license or 1533
1840-operating privilege. If, after a hearing under subdivision (3) of 1534
1841-subsection (g) of this section, the commissioner finds in the negative on 1535
1842-any one of the issues specified in subparagraph (A), (B), (C) or (D) of 1536
1843-said subdivision, the commissioner shall reinstate such license or 1537
1844-operating privilege. If, after such hearing under subdivision (2) or (3) of 1538
1845-subsection (g) of this section, the commissioner does not find on any one 1539
1846-of [the] said issues in the negative or if such person fails to appear at 1540
1847-such hearing, the commissioner shall affirm the suspension contained 1541
1848-in the suspension notice for the appropriate period specified in 1542
1849-subsection (i) of this section. The commissioner shall render a decision 1543
1850-at the conclusion of such hearing and send a notice of the decision by 1544
1851-bulk certified mail to such person. The notice of such decision sent by 1545
1852-bulk certified mail to the address of such person as shown by the records 1546
1853-of the commissioner shall be sufficient notice to such person that such 1547
1854-person's operator's license or [nonresident] operating privilege is 1548
1855-reinstated or suspended, as the case may be. 1549
1856-(i) (1) The commissioner shall suspend the operator's license or 1550
1857-[nonresident] operating privilege of a person who did not contact the 1551
1858-department to schedule a hearing, who failed to appear at a hearing, or 1552
1859-against whom a decision was issued, after a hearing, pursuant to 1553
1860-subsection (h) of this section, as of the effective date contained in the 1554
1861-suspension notice, for a period of forty-five days. As a condition for the 1555 Substitute Bill No. 6377
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1867-
1868-restoration of such operator's license or [nonresident] operating 1556
1869-privilege, such person shall be required to install an ignition interlock 1557
1870-device on each motor vehicle owned or operated by such person and, 1558
1871-upon such restoration, be prohibited from operating a motor vehicle 1559
1872-unless such motor vehicle is equipped with a functioning, approved 1560
1873-ignition interlock device, as defined in section 14-227j, for the longer of 1561
1874-either (A) the period prescribed in subdivision (2) of this subsection for 1562
1875-the present arrest and suspension, or (B) the period prescribed in 1563
1876-subdivision (1), (2) or (3) of subsection (g) of section 14-227a or 1564
1877-subdivision (1), (2) or (3) of subsection (c) of section 14-227m or 1565
1878-subdivision (1) or (2) of subsection (c) of section 14-227n for the present 1566
1879-arrest and conviction, if any. 1567
1880-(2) (A) A person twenty-one years of age or older at the time of the 1568
1881-arrest who submitted to a test [or analysis] and the results of such test 1569
1882-[or analysis] indicated that such person had an elevated blood alcohol 1570
1883-content, or was found to have been operating a motor vehicle under the 1571
1884-influence of intoxicating liquor or any drug, or both based on a report 1572
1885-filed pursuant to subsection (d) of this section, shall install and maintain 1573
1886-an ignition interlock device for the following periods: (i) For a first 1574
1887-suspension under this section, six months; (ii) for a second suspension 1575
1888-under this section, one year; and (iii) for a third or subsequent 1576
1889-suspension under this section, two years; (B) a person under twenty-one 1577
1890-years of age at the time of the arrest who submitted to a test [or analysis] 1578
1891-and the results of such test [or analysis] indicated that such person had 1579
1892-an elevated blood alcohol content, or was found to have been operating 1580
1893-a motor vehicle under the influence of intoxicating liquor or any drug, 1581
1894-or both based on a report filed pursuant to subsection (d) of this section, 1582
1895-shall install and maintain an ignition interlock device for the following 1583
1896-periods: (i) For a first suspension under this section, one year; (ii) for a 1584
1897-second suspension under this section, two years; and (iii) for a third or 1585
1898-subsequent suspension under this section, three years; and (C) a person, 1586
1899-regardless of age, who refused to submit to a test or [analysis] 1587
1900-nontestimonial portion of a drug influence evaluation shall install and 1588
1901-maintain an ignition interlock device for the following periods: (i) For a 1589 Substitute Bill No. 6377
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1907-
1908-first suspension under this section, one year; (ii) for a second suspension 1590
1909-under this section, two years; and (iii) for a third or subsequent 1591
1910-suspension, under this section, three years. 1592
1911-(3) Notwithstanding the provisions of subdivisions (1) and (2) of this 1593
1912-subsection, a person whose motor vehicle operator's license or 1594
1913-[nonresident] operating privilege has been permanently revoked upon 1595
1914-a third offense pursuant to subsection (g) of section 14-227a, as amended 1596
1915-by this act, or subsection (c) of section 14-227m shall be subject to the 1597
1916-penalties prescribed in subdivision (2) of subsection (i) of section 14-111. 1598
1917-(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 1599
1918-of this section, any police officer who obtains the results of a [chemical 1600
1919-analysis] test of a blood sample taken from or a urine sample provided 1601
1920-by an operator of a motor vehicle who was involved in an accident and 1602
1921-suffered or allegedly suffered physical injury in such accident, or who 1603
1922-was otherwise deemed by a police officer to require treatment or 1604
1923-observation at a hospital, shall notify the [Commissioner of Motor 1605
1924-Vehicles] commissioner and submit to the commissioner a written 1606
1925-report if such results indicate that such person had an elevated blood 1607
1926-alcohol content, or any quantity of an intoxicating liquor or any drug, or 1608
1927-both, in such person's blood, and if such person was arrested for 1609
1928-violation of section 14-227a, as amended by this act, or 14-227m or 1610
1929-subdivision (1) or (2) of subsection (a) of section 14-227n. The report 1611
1930-shall be made on a form approved by the commissioner containing such 1612
1931-information as the commissioner prescribes, and shall be subscribed and 1613
1932-sworn to under penalty of false statement, as provided in section 53a-1614
1933-157b, by the police officer. The commissioner may, after notice and an 1615
1934-opportunity for hearing, which shall be conducted by a hearing officer 1616
1935-on behalf of the commissioner in accordance with chapter 54, suspend 1617
1936-the motor vehicle operator's license or [nonresident] operating privilege 1618
1937-of such person for the appropriate period of time specified in subsection 1619
1938-(i) of this section and require such person to install and maintain an 1620
1939-ignition interlock device for the appropriate period of time prescribed 1621
1940-in subsection (i) of this section. Each hearing conducted under this 1622 Substitute Bill No. 6377
1941-
1942-
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1946-
1947-subsection shall be limited to a determination of the following issues: (1) 1623
1948-Whether the police officer had probable cause to arrest the person for 1624
1949-operating a motor vehicle while under the influence of intoxicating 1625
1950-liquor or drug, or both; (2) whether such person was placed under 1626
1951-arrest; (3) whether such person was operating the motor vehicle; (4) 1627
1952-whether the results of the analysis of the blood or urine of such person 1628
1953-indicate that such person had an elevated blood alcohol content, or there 1629
1954-is substantial evidence to conclude that the person was operating a 1630
1955-motor vehicle under the influence of intoxicating liquor or any drug, or 1631
1956-both; and (5) in the event that a blood sample was taken, whether the 1632
1957-blood sample was obtained in accordance with conditions for 1633
1958-admissibility and competence as evidence as set forth in subsection (k) 1634
1959-of section 14-227a. If, after such hearing, the commissioner finds on any 1635
1960-one of the said issues in the negative, the commissioner shall not impose 1636
1961-a suspension. The fees of any witness summoned to appear at the 1637
1962-hearing shall be the same as provided by the general statutes for 1638
1963-witnesses in criminal cases, as provided in section 52-260. 1639
1964-(k) The provisions of this section shall apply with the same effect to 1640
1965-the refusal by any person to submit to an additional chemical test as 1641
1966-provided in subparagraph (E) of subdivision [(5)] (1) of subsection (b) 1642
1967-of section 14-227a, as amended by this act. 1643
1968-(l) The provisions of this section shall not apply to any person whose 1644
1969-physical condition is such that, according to competent medical advice, 1645
1970-such test would be inadvisable. 1646
1971-(m) The state shall pay the reasonable charges of any physician who, 1647
1972-at the request of a [municipal police department] law enforcement unit, 1648
1973-as defined in section 7-294a, takes a blood sample for purposes of a test 1649
1974-under the provisions of this section. 1650
1975-(n) For the purposes of this section, "elevated blood alcohol content" 1651
1976-means (1) a ratio of alcohol in the blood of such person that is eight-1652
1977-hundredths of one per cent or more of alcohol, by weight, (2) if such 1653
1978-person is operating a commercial motor vehicle, a ratio of alcohol in the 1654 Substitute Bill No. 6377
1979-
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1984-
1985-blood of such person that is four-hundredths of one per cent or more of 1655
1986-alcohol, by weight, or (3) if such person is less than twenty-one years of 1656
1987-age, a ratio of alcohol in the blood of such person that is two-hundredths 1657
1988-of one per cent or more of alcohol, by weight. 1658
1989-(o) The Commissioner of Motor Vehicles shall adopt regulations, in 1659
1990-accordance with chapter 54, to implement the provisions of this section. 1660
1991-Sec. 41. Section 14-227c of the general statutes is repealed and the 1661
1992-following is substituted in lieu thereof (Effective April 1, 2022): 1662
1993-(a) As part of the investigation of any motor vehicle accident resulting 1663
1994-in the death of a person, the Chief Medical Examiner, Deputy Chief 1664
1995-Medical Examiner, an associate medical examiner, a pathologist as 1665
1996-specified in section 19a-405, or an authorized assistant medical 1666
1997-examiner, as the case may be, shall order that a blood sample be taken 1667
1998-from the body of any operator or pedestrian who dies as a result of such 1668
1999-accident. Such blood samples shall be examined for the presence and 1669
2000-concentration of alcohol and any drug by the Division of Scientific 1670
2001-Services within the Department of Emergency Services and Public 1671
2002-Protection or by the Office of the Chief Medical Examiner, or by any 1672
2003-forensic toxicology laboratory pursuant to an agreement with the office. 1673
2004-Nothing in this subsection or section 19a-406 shall be construed as 1674
2005-requiring such medical examiner to perform an autopsy in connection 1675
2006-with obtaining such blood samples. 1676
2007-(b) [A blood or breath sample shall be obtained from any surviving 1677
2008-operator whose motor vehicle is involved in an accident resulting in the 1678
2009-serious physical injury, as defined in section 53a-3, or death of another 1679
2010-person, if] If any surviving operator whose motor vehicle is involved in 1680
2011-an accident resulting in the serious physical injury, as defined in section 1681
2012-53a-3, or death of another person, and (1) a police officer has probable 1682
2013-cause to believe that such operator operated such motor vehicle while 1683
2014-under the influence of intoxicating liquor or any drug, or both, or (2) 1684
2015-such operator has been charged with a motor vehicle violation in 1685
2016-connection with such accident and a police officer has a reasonable and 1686 Substitute Bill No. 6377
2017-
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2022-
2023-articulable suspicion that such operator operated such motor vehicle 1687
2024-while under the influence of intoxicating liquor or any drug, or both: 1688
2025-(A) A blood, breath or urine sample shall be obtained from such 1689
2026-surviving operator. The test shall be performed by or at the direction of 1690
2027-a police officer according to methods and with equipment approved by 1691
2028-the Department of Emergency Services and Public Protection and shall 1692
2029-be performed by a person certified or recertified for such purpose by 1693
2030-said department or recertified by persons certified as instructors by the 1694
2031-Commissioner of Emergency Services and Public Protection. The 1695
2032-equipment used for such test shall be checked for accuracy by a person 1696
2033-certified by the Department of Emergency Services and Public 1697
2034-Protection immediately before and after such test is performed. If a 1698
2035-blood test is performed, it shall be on a blood sample taken by a person 1699
2036-licensed to practice medicine and surgery in this state, a qualified 1700
2037-laboratory technician, a registered nurse, a physician assistant or a 1701
2038-phlebotomist. [The blood samples] A blood sample obtained from an 1702
2039-operator pursuant to this subsection shall be examined for the presence 1703
2040-and concentration of alcohol and any drug by the Division of Scientific 1704
2041-Services within the Department of Emergency Services and Public 1705
2042-Protection; [.] and 1706
2043-(B) A drug recognition expert shall conduct a drug influence 1707
2044-evaluation of such surviving operator, provided such operator is not 1708
2045-seriously injured or otherwise unable to take such evaluation as a result 1709
2046-of the accident. 1710
2047-(c) Each police officer who obtains from a surviving operator any 1711
2048-blood, breath or urine sample or a drug influence evaluation conducted 1712
2049-on such operator pursuant to subsection (b) of this section shall submit 1713
2050-to the Commissioner of Motor Vehicles a written report providing the 1714
2051-results of such sample or evaluation on a form approved by the 1715
2052-commissioner. The commissioner may, after notice and an opportunity 1716
2053-for a hearing held in accordance with chapter 54 and section 14-227b, as 1717
2054-amended by this act, suspend the motor vehicle operator's license or 1718
2055-operating privilege of such person and require such person to install and 1719 Substitute Bill No. 6377
2056-
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2061-
2062-maintain an ignition interlock device as provided for in subsection (i) of 1720
2063-section 14-227b, as amended by this act. Such hearing shall be limited to 1721
2064-a determination of the following issues: (1) Was the person operating 1722
2065-the motor vehicle; (2) was the person's sample obtained in accordance 1723
2066-with, or drug influence evaluation conducted pursuant to, the 1724
2067-provisions of subsection (b) of this section; and (3) was the examined 1725
2068-sample found to have an elevated blood alcohol content, as defined in 1726
2069-section 14-227b, as amended by this act, or was there substantial 1727
2070-evidence that the person was operating the motor vehicle under the 1728
2071-influence of intoxicating liquor or any drug, or both. 1729
2072-(d) In any motor vehicle accident resulting in the death of a person, 1730
2073-the law enforcement unit, as defined in section 7-294a, responding to the 1731
2074-accident shall assign an officer trained in advanced roadside impaired 1732
2075-driving enforcement to respond, if such an officer is available. 1733
2076-Sec. 42. Subsection (c) of section 14-44k of the general statutes is 1734
2077-repealed and the following is substituted in lieu thereof (Effective April 1735
2078-1, 2022): 1736
2079-(c) In addition to any other penalties provided by law, and except as 1737
2080-provided in subsection (d) of this section, a person is disqualified from 1738
2081-operating a commercial motor vehicle for one year if the commissioner 1739
2082-finds that such person (1) has refused to submit to a test to determine 1740
2083-such person's blood alcohol concentration while operating any motor 1741
2084-vehicle [, or has failed such a test when given,] or to a nontestimonial 1742
2085-portion of a drug influence evaluation conducted by a drug recognition 1743
2086-expert, (2) has an elevated blood alcohol content based on such a test 1744
2087-pursuant to section 14-227b, as amended by this act, or (3) was found to 1745
2088-have been operating under the influence of intoxicating liquor or any 1746
2089-drug, or both based on a report filed pursuant to the provisions of 1747
2090-subsection (d) of section 14-227b, as amended by this act, or pursuant to 1748
2091-the provisions of a law of any other state that is deemed by the 1749
2092-commissioner to be substantially similar to section 14-227b, as amended 1750
2093-by this act. For the purpose of this subsection, [a person shall be deemed 1751
2094-to have failed such a test if, when driving a commercial motor vehicle, 1752 Substitute Bill No. 6377
2095-
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2100-
2101-the ratio of alcohol in the blood of such person was four-hundredths of 1753
2102-one per cent or more of alcohol, by weight, or if, when driving any other 1754
2103-motor vehicle, the ratio of alcohol in the blood of such person was eight-1755
2104-hundredths of one per cent or more of alcohol, by weight] "drug 1756
2105-recognition expert" and "nontestimonial portion of a drug influence 1757
2106-evaluation" have the same meanings as provided in section 14-227a, as 1758
2107-amended by this act. 1759
2108-Sec. 43. (NEW) (Effective July 1, 2021) The state Traffic Safety Resource 1760
2109-Prosecutor, in consultation with the Department of Transportation, the 1761
2110-Department of Motor Vehicles, the state-wide drug recognition expert 1762
2111-coordinator and the Connecticut Police Chiefs Association, shall seek 1763
2112-any guidance available from the National Highway Traffic Safety 1764
2113-Administration, and shall (1) develop educational materials and 1765
2114-programs about the drug recognition expert program and drug 1766
2115-influence evaluations, and (2) make such materials and programs 1767
2116-available to the Judicial Branch and the Connecticut Judges Association. 1768
2117-Sec. 44. Section 15-140q of the general statutes is repealed and the 1769
2118-following is substituted in lieu thereof (Effective April 1, 2022): 1770
2119-(a) Any person who operates a vessel in this state shall be deemed to 1771
2120-have consented to (1) a chemical [analysis] test of such person's blood, 1772
2121-breath or urine, [and if] and (2) a nontestimonial portion of a drug 1773
2122-influence evaluation conducted by a drug recognition expert. If such 1774
2123-person is a minor, such person's parent or parents or guardian shall also 1775
2124-be deemed to have given their consent for such [an analysis of the 1776
2125-minor's blood, breath or urine] test or evaluation. 1777
2126-[(b) If any such person, having been placed under arrest for: (1) 1778
2127-Violating subsection (b) of section 53-206d; (2) operating a vessel upon 1779
2128-the waters of this state while under the influence of intoxicating liquor 1780
2129-or any drug, or both; (3) operating a vessel upon the waters of this state 1781
2130-while such person has an elevated blood alcohol content, and thereafter, 1782
2131-after being apprised of such person's constitutional rights, having been 1783
2132-requested to submit to a blood, breath or urine test at the option of the 1784 Substitute Bill No. 6377
2133-
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2138-
2139-police officer, having been afforded a reasonable opportunity to 1785
2140-telephone an attorney prior to the performance of such test and having 1786
2141-been informed that such person's safe boating certificate, right to 1787
2142-operate a vessel that requires a safe boating certificate for operation or 1788
2143-certificate of personal watercraft operation issued by the commissioner 1789
2144-as a condition of operating a vessel shall be suspended in accordance 1790
2145-with the provisions of this section if such person refuses to submit to 1791
2146-such test or if such person submits to such test and the results of such 1792
2147-test indicate that such person has an elevated blood alcohol content and 1793
2148-that evidence of any such refusal shall be admissible in accordance with 1794
2149-subsection (d) of section 15-140r, and may be used against such person 1795
2150-in any criminal prosecution, refuses to submit to the designated test, the 1796
2151-test shall not be given; provided, if such person refuses or is unable to 1797
2152-submit to a blood test, the peace officer shall designate the breath or 1798
2153-urine test as the test to be taken. The peace officer shall make a notation 1799
2154-upon the records of the police department that such officer informed 1800
2155-such person that such person's safe boating certificate, right to operate 1801
2156-a vessel that requires a safe boating certificate for operation or certificate 1802
2157-of personal watercraft operation would be suspended if such person 1803
2158-refused to submit to such test or if such person submitted to such test 1804
2159-and the results of such test indicated that such person has an elevated 1805
2160-blood alcohol content.] 1806
2161-(b) (1) A peace officer who has placed a person under arrest for 1807
2162-violating subsection (b) of section 53-206d; operating a vessel upon the 1808
2163-waters of this state while under the influence of intoxicating liquor or 1809
2164-any drug, or both; or operating a vessel upon the waters of this state 1810
2165-while such person has an elevated blood alcohol content, may request 1811
2166-that such person submit to a blood, breath or urine test at the option of 1812
2167-the peace officer, a drug influence evaluation conducted by a drug 1813
2168-recognition expert, or both, after such person has been (A) apprised of 1814
2169-such person's constitutional rights, (B) afforded a reasonable 1815
2170-opportunity to telephone an attorney prior to the performance of such 1816
2171-test or evaluation, (C) informed that evidence of any refusal to submit 1817
2172-to such test or evaluation shall be admissible in accordance with 1818 Substitute Bill No. 6377
2173-
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2178-
2179-subsection (d) of section 15-140r, as amended by this act, and may be 1819
2180-used against such person in any criminal prosecution, except that 1820
2181-refusal to submit to the testimonial portions of a drug influence 1821
2182-evaluation shall not be considered evidence of refusal of such evaluation 1822
2183-for purposes of any criminal prosecution, and (D) informed that such 1823
2184-person's safe boating certificate, right to operate a vessel that requires a 1824
2185-safe boating certificate for operation or certificate of personal watercraft 1825
2186-operation issued by the commissioner as a condition of operating a 1826
2187-vessel may be suspended in accordance with the provisions of this 1827
2188-section if (i) such person refuses to submit to such test or nontestimonial 1828
2189-portion of a drug influence evaluation, (ii) such person submits to such 1829
2190-test and the results of such test indicate that such person has an elevated 1830
2191-blood alcohol content, or (iii) the officer believes there is substantial 1831
2192-evidence to conclude that such person was operating a vessel under the 1832
2193-influence of intoxicating liquor or any drug, or both. 1833
2194-(2) If the person refuses to submit to any test or drug influence 1834
2195-evaluation, the test or evaluation shall not be given, except that if the 1835
2196-person refuses or is unable to submit to a blood test, the peace officer 1836
2197-shall designate another test to be taken. If a person submits to a breath 1837
2198-test and the results indicate that the person does not have an elevated 1838
2199-blood alcohol content, the peace officer may request that the person 1839
2200-submit to a different type of test, except that if the person refuses or is 1840
2201-unable to submit to a blood test, the peace officer shall designate a urine 1841
2202-test to be taken. The peace officer shall make a notation upon the records 1842
2203-of the law enforcement unit, as defined in section 7-294a, that such 1843
2204-officer informed the person that such person's safe boating certificate, 1844
2205-right to operate a vessel that requires a safe boating certificate for 1845
2206-operation or certificate of personal watercraft operation may be 1846
2207-suspended if such person (A) refused to submit to such test or the 1847
2208-nontestimonial portion of a drug influence evaluation; (B) submitted to 1848
2209-such test and the results of such test indicated that such person had an 1849
2210-elevated blood alcohol content; or (C) the officer believes there is 1850
2211-substantial evidence to conclude that such person was operating a 1851
2212-vessel under the influence of intoxicating liquor or any drug, or both. 1852 Substitute Bill No. 6377
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2218-
2219-(c) If the person arrested refuses to submit to such test or [analysis] 1853
2220-nontestimonial portion of a drug influence evaluation, or submits to 1854
2221-such test [or analysis] and the results of such test [or analysis] indicate 1855
2222-that at the time of the alleged offense such person had an elevated blood 1856
2223-alcohol content, the peace officer shall immediately revoke the safe 1857
2224-boating certificate, right to operate a vessel that requires a safe boating 1858
2225-certificate for operation or certificate of personal watercraft operation, if 1859
2226-any, of such person for a twenty-four-hour period. The peace officer 1860
2227-shall prepare a written report of the incident and shall mail the report, 1861
2228-together with any certificate taken into possession and a copy of the 1862
2229-results of any chemical test, [or analysis,] to the commissioner within 1863
2230-three business days, except that failure of an officer to mail or transmit 1864
2231-such report within three business days shall not impact a decision to 1865
2232-suspend a safe boating certificate, right to operate a vessel that requires 1866
2233-a safe boating certificate for operation or certificate of personal 1867
2234-watercraft operation issued by the commissioner as a condition of 1868
2235-operating a vessel and shall not render such report inadmissible at a 1869
2236-hearing under this section. The report shall be made on a form approved 1870
2237-by the commissioner and shall be subscribed and sworn to under 1871
2238-penalty of false statement as provided in section 53a-157b by the peace 1872
2239-officer before whom such refusal was made or who administered or 1873
2240-caused to be administered such test. [or analysis.] If the person arrested 1874
2241-refused to submit to such test or [analysis] evaluation, the report shall 1875
2242-be endorsed by a third person who witnessed such refusal. The report 1876
2243-shall set forth the grounds for the officer's belief that there was probable 1877
2244-cause to arrest such person for operating such vessel while under the 1878
2245-influence of intoxicating liquor or any drug, or both, or while such 1879
2246-person has an elevated blood alcohol content and shall state that such 1880
2247-person refused to submit to such test or [analysis] evaluation when 1881
2248-requested by such peace officer or that such person submitted to such 1882
2249-test [or analysis] and the results of such test [or analysis] indicated that 1883
2250-such person at the time of the alleged offense had an elevated blood 1884
2251-alcohol content. 1885
2252-[(d) If the person arrested submits to a blood or urine test at the 1886 Substitute Bill No. 6377
2253-
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2258-
2259-request of the peace officer, and the specimen requires laboratory 1887
2260-analysis in order to obtain the test results, and if the test results indicate 1888
2261-that such person has an elevated blood alcohol content, the peace officer, 1889
2262-immediately upon receipt of the test results, shall notify and submit to 1890
2263-the commissioner the written report required pursuant to subsection (c) 1891
2264-of this section.] 1892
2265-(d) If a peace officer has placed a person under arrest for violating 1893
2266-subsection (b) of section 53-206d; operating a vessel upon the waters of 1894
2267-this state while under the influence of intoxicating liquor or any drug, 1895
2268-or both; or operating a vessel upon the waters of this state while such 1896
2269-person has an elevated blood alcohol content and does not request that 1897
2270-such person submit to a blood, breath or urine test under subsection (b) 1898
2271-of this section, or obtains test results from a test administered under 1899
2272-subsection (b) of this section that indicate that the person does not have 1900
2273-an elevated blood alcohol content, such officer shall: 1901
2274-(1) Advise such person that such person's safe boating certificate, 1902
2275-right to operate a vessel that requires a safe boating certificate for 1903
2276-operation or certificate of personal watercraft operation issued by the 1904
2277-commissioner as a condition of operating a vessel may be suspended in 1905
2278-accordance with the provisions of this section if such officer believes 1906
2279-there is substantial evidence to conclude that such person was operating 1907
2280-a vessel under the influence of intoxicating liquor or any drug, or both; 1908
2281-and 1909
2282-(2) Submit a report to the commissioner in accordance with the 1910
2283-procedure set forth in subsection (c) of this section and, if such report 1911
2284-contains the results of a blood, breath or urine test that does not show 1912
2285-an elevated blood alcohol content, such report shall conform to the 1913
2286-requirements in subsection (c) of this section for reports that contain 1914
2287-results showing an elevated blood alcohol content. In any report 1915
2288-submitted under this subdivision, the officer shall document (A) the 1916
2289-basis for the officer's belief that there was probable cause to arrest such 1917
2290-person for a violation of subsection (b) of section 53-206d; operating a 1918
2291-vessel upon the waters of this state while under the influence of 1919 Substitute Bill No. 6377
2292-
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2297-
2298-intoxicating liquor or any drug, or both; or operating a vessel upon the 1920
2299-waters of this state while such person has an elevated blood alcohol 1921
2300-content, and (B) whether the officer believes that there is substantial 1922
2301-evidence to conclude that the person was operating a vessel under the 1923
2302-influence of intoxicating liquor or any drug, or both. With such report, 1924
2303-the officer may submit other supporting documentation indicating the 1925
2304-person's intoxication by liquor or any drug, or both. If the officer 1926
2305-believes there is substantial evidence to conclude that the person was 1927
2306-operating a vessel under the influence of intoxicating liquor or any drug, 1928
2307-or both, the officer shall immediately revoke and take possession of the 1929
2308-person's safe boating certificate, right to operate a vessel that requires a 1930
2309-safe boating certificate for operation or certificate of personal watercraft 1931
2310-operation issued by the commissioner as a condition of operating a 1932
2311-vessel, for a twenty-four-hour period. 1933
2312-(e) Upon receipt of [such] a report submitted under subsection (c) or 1934
2313-(d) of this section, the commissioner shall suspend the safe boating 1935
2314-certificate, right to operate a vessel that requires a safe boating certificate 1936
2315-for operation or certificate of personal watercraft operation of such 1937
2316-person effective as of a date certain, and such date certain shall be no 1938
2317-later than thirty-five days [after] from the later of the date such person 1939
2318-received (1) notice of such person's arrest by the peace officer, or (2) the 1940
2319-results of a blood or urine test or a drug influence evaluation. Any 1941
2320-person whose safe boating certificate, right to operate a vessel that 1942
2321-requires a safe boating certificate for operation or certificate of personal 1943
2322-watercraft operation is suspended in accordance with this subsection 1944
2323-shall be entitled to a hearing before the commissioner to be held prior to 1945
2324-the effective date of the suspension. The commissioner shall send a 1946
2325-suspension notice to such person informing such person that such 1947
2326-person's safe boating certificate, right to operate a vessel that requires a 1948
2327-safe boating certificate for operation or certificate of personal watercraft 1949
2328-operation is suspended and shall specify the date of such suspension 1950
2329-and that such person is entitled to a hearing prior to the effective date of 1951
2330-the suspension and may schedule such hearing by contacting the 1952
2331-commissioner not later than seven days after the date of mailing of such 1953 Substitute Bill No. 6377
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2337-
2338-suspension notice. 1954
2339-(f) If such person does not contact the department to schedule a 1955
2340-hearing, the commissioner shall affirm the suspension contained in the 1956
2341-suspension notice for the appropriate period specified in subsection (i) 1957
2342-of this section. 1958
2343-(g) (1) If such person contacts the department to schedule a hearing, 1959
2344-the commissioner shall assign a date, time and place for the hearing, 1960
2345-which date shall be prior to the effective date of the suspension. At the 1961
2346-request of such person and upon a showing of good cause, the 1962
2347-commissioner may grant one continuance for a period not to exceed 1963
2348-thirty days. [The hearing] 1964
2349-(2) A hearing based on a report submitted under subsection (c) of this 1965
2350-section shall be limited to a determination of the following issues: [(1)] 1966
2351-(A) Whether the peace officer had probable cause to arrest the person 1967
2352-for operating the vessel while under the influence of intoxicating liquor 1968
2353-or drugs, or both, or while such person has an elevated blood alcohol 1969
2354-content; [(2)] (B) whether such person was placed under arrest; [(3)] (C) 1970
2355-whether such person [(A)] (i) refused to submit to such test or [analysis] 1971
2356-nontestimonial portion of a drug influence evaluation, or [(B)] (ii) 1972
2357-submitted to such test [or analysis] and the results of such test [or 1973
2358-analysis] indicated that at the time of the alleged offense that such 1974
2359-person had an elevated blood alcohol content; and [(4)] (D) whether 1975
2360-such person was operating the vessel. 1976
2361-(3) A hearing based on a report submitted under subsection (d) of this 1977
2362-section shall be limited to a determination of the following issues: (A) 1978
2363-Whether the peace officer had probable cause to arrest the person for 1979
2364-operating a vessel while under the influence of intoxicating liquor or 1980
2365-drugs, or both, or while such person has an elevated blood alcohol 1981
2366-content; (B) whether such person was placed under arrest; (C) whether 1982
2367-there is substantial evidence to conclude that such person was operating 1983
2368-a vessel under the influence of intoxicating liquor or any drug, or both; 1984
2369-and (D) whether such person was operating the vessel. 1985 Substitute Bill No. 6377
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2376-(4) At [the] a hearing held under this subsection, the results of the 1986
2377-test, [or analysis] if administered, shall be sufficient to indicate the ratio 1987
2378-of alcohol in the blood of such person at the time of operation, except 1988
2379-that if the results of an additional test, administered pursuant to section 1989
2380-15-140r, as amended by this act, indicate that the ratio of alcohol in the 1990
2381-blood of such person is eight-hundredths of one per cent or less of 1991
2382-alcohol, by weight, and is higher than the results of the first test, 1992
2383-evidence shall be presented that demonstrates that the test results and 1993
2384-analysis thereof accurately indicate the blood alcohol content at the time 1994
2385-of operation. The fees of any witness summoned to appear at [the] a 1995
2386-hearing under this subsection shall be the same as provided in section 1996
2387-52-260. 1997
2388-(5) In a hearing based on a report submitted under subsection (d) of 1998
2389-this section, evidence of operation under the influence of intoxicating 1999
2390-liquor or any drug, or both shall be admissible. Such evidence may 2000
2391-include, but need not be limited to, (A) the peace officer's observations 2001
2392-of intoxication, as documented in a report submitted to the 2002
2393-commissioner under subsection (d) of this section; (B) the results of any 2003
2394-chemical test administered under this section or a toxicology report 2004
2395-certified by the Division of Scientific Services within the Department of 2005
2396-Emergency Services and Public Protection; (C) hospital or medical 2006
2397-records obtained in accordance with subsection (j) of this section or by 2007
2398-the consent of the operator; or (D) reports of drug recognition experts. 2008
2399-(h) If, after [such] a hearing under subdivision (2) of subsection (g) of 2009
2400-this section, the commissioner finds in the negative on any one of [said] 2010
2401-the issues specified in [the negative] subparagraph (A), (B), (C) or (D) of 2011
2402-said subdivision, the commissioner shall stay the safe boating certificate, 2012
2403-right to operate a vessel that requires a safe boating certificate for 2013
2404-operation or certificate of personal watercraft operation suspension. If, 2014
2405-after a hearing under subdivision (3) of subsection (g) of this section, the 2015
2406-commissioner finds in the negative on any one of the issues specified in 2016
2407-subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner 2017
2408-shall stay the safe boating certificate, right to operate a vessel that 2018 Substitute Bill No. 6377
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2414-
2415-requires a safe boating certificate for operation or certificate of personal 2019
2416-watercraft operation suspension. If, after such hearing under 2020
2417-subdivision (2) or (3) of subsection (g) of this section, the commissioner 2021
2418-does not find on any one of said issues in the negative or if such person 2022
2419-fails to appear at such hearing, the commissioner shall affirm the 2023
2420-suspension contained in the suspension notice for the appropriate 2024
2421-period specified in subsection (i) of this section. The commissioner shall 2025
2422-render a decision at the conclusion of such hearing or send a notice of 2026
2423-the decision by certified mail to such person not later than thirty-five 2027
2424-days from the date of notice of such person's arrest by the peace officer 2028
2425-or, if a continuance is granted, not later than sixty-five days from the 2029
2426-date such person received notice of such person's arrest by the peace 2030
2427-officer. The notice of such decision sent by certified mail to the address 2031
2428-of such person as shown by the records of the commissioner shall be 2032
2429-sufficient notice to such person that such person's safe boating 2033
2430-certificate, right to operate a vessel that requires a safe boating certificate 2034
2431-for operation or certificate of personal watercraft operation is suspended 2035
2432-or the suspension is stayed. Unless a continuance of the hearing is 2036
2433-granted pursuant to subsection (g) of this section, if the commissioner 2037
2434-fails to render a decision within thirty-five days from the date that such 2038
2435-person received notice of such person's arrest by the peace officer, the 2039
2436-commissioner shall not suspend such person's safe boating certificate, 2040
2437-right to operate a vessel that requires a safe boating certificate for 2041
2438-operation or certificate of personal watercraft operation. 2042
2439-(i) The commissioner shall suspend the operator's safe boating 2043
2440-certificate, right to operate a vessel that requires a safe boating certificate 2044
2441-for operation or certificate of personal watercraft operation of a person 2045
2442-who does not contact the department to schedule a hearing under 2046
2443-subsection (e) of this section, who fails to appear at such hearing, or 2047
2444-against whom, after a hearing, the commissioner holds pursuant to 2048
2445-subsection (g) of this section. Such suspension shall be as of the effective 2049
2446-date contained in the suspension notice or the date the commissioner 2050
2447-renders a decision, whichever is later, for a period of: (1) (A) Except as 2051
2448-provided in subparagraph (B) of this subdivision, ninety days if such 2052 Substitute Bill No. 6377
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2454-
2455-person submitted to a test [or analysis] and the results of such test [or 2053
2456-analysis] indicated that at the time of the alleged offense that such 2054
2457-person had an elevated blood alcohol content, or such person was found 2055
2458-to have been operating a vessel under the influence of intoxicating 2056
2459-liquor or any drug, or both, based on a report filed pursuant to 2057
2460-subsection (d) of this section, or (B) one hundred twenty days if such 2058
2461-person submitted to a test [or analysis] and the results of such test [or 2059
2462-analysis] indicated that the ratio of alcohol in the blood of such person 2060
2463-was sixteen-hundredths of one per cent or more of alcohol, by weight, 2061
2464-or (C) six months if such person refused to submit to such test; [or 2062
2465-analysis;] (2) if such person has previously had such person's safe 2063
2466-boating certificate, right to operate a vessel that requires a safe boating 2064
2467-certificate for operation or certificate of personal watercraft operation 2065
2468-suspended under this section, (A) except as provided in subparagraph 2066
2469-(B) of this subdivision, nine months if such person submitted to a test 2067
2470-[or analysis] and the results of such test [or analysis] indicated that at 2068
2471-the time of the alleged offense that such person had an elevated blood 2069
2472-alcohol content, or such person was found to have been operating a 2070
2473-vessel under the influence of intoxicating liquor or any drug, or both, 2071
2474-based on a report filed pursuant to subsection (d) of this section, (B) ten 2072
2475-months if such person submitted to a test [or analysis] and the results of 2073
2476-such test [or analysis] indicated that the ratio of alcohol in the blood of 2074
2477-such person was sixteen-hundredths of one per cent or more of alcohol, 2075
2478-by weight, and (C) one year if such person refused to submit to such 2076
2479-test; [or analysis;] and (3) if such person has two or more times 2077
2480-previously had such person's safe boating certificate, right to operate a 2078
2481-vessel that requires a safe boating certificate for operation or certificate 2079
2482-of personal watercraft operation suspended under this section, (A) 2080
2483-except as provided in subparagraph (B) of this subdivision, two years if 2081
2484-such person submitted to a test [or analysis] and the results of such test 2082
2485-[or analysis] indicated that at the time of the alleged offense that such 2083
2486-person had an elevated blood alcohol content, or such person was found 2084
2487-to have been operating a vessel under the influence of intoxicating 2085
2488-liquor or any drug, or both, based on a report filed pursuant to 2086
2489-subsection (d) of this section, (B) two and one-half years if such person 2087 Substitute Bill No. 6377
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2495-
2496-submitted to a test [or analysis] and the results of such test [or analysis] 2088
2497-indicated that the ratio of alcohol in the blood of such person was 2089
2498-sixteen-hundredths of one per cent or more of alcohol, by weight, and 2090
2499-(C) three years if such person refused to submit to such test. [or 2091
2500-analysis.] 2092
2501-(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, 2093
2502-of this section, any peace officer who obtains the results of a chemical 2094
2503-analysis of a blood sample taken from an operator of a vessel involved 2095
2504-in an accident who suffered or allegedly suffered physical injury in such 2096
2505-accident shall notify the commissioner and submit to the commissioner 2097
2506-a written report if such results indicate that at the time of the alleged 2098
2507-offense such person had an elevated blood alcohol content, or any 2099
2508-quantity of an intoxicating liquor or any drug, or both, in such person's 2100
2509-blood, and if such person was arrested for a violation of section 15-132a, 2101
2510-subsection (d) of section 15-133 or section 15-140l or 15-140n in 2102
2511-connection with such accident. The report shall be made on a form 2103
2512-approved by the commissioner containing such information as the 2104
2513-commissioner prescribes and shall be subscribed and sworn under 2105
2514-penalty of false statement, as provided in section 53a-157b, by the peace 2106
2515-officer. The commissioner shall, after notice and an opportunity for 2107
2516-hearing, which shall be conducted in accordance with chapter 54, 2108
2517-suspend the safe boating certificate, right to operate a vessel that 2109
2518-requires a safe boating certificate for operation or certificate of personal 2110
2519-watercraft operation of such person for a period of up to ninety days, 2111
2520-or, if such person has previously had such person's operating privilege 2112
2521-suspended under this section, for a period up to one year. Each hearing 2113
2522-conducted under this section shall be limited to a determination of the 2114
2523-following issues: (1) Whether the peace officer had probable cause to 2115
2524-arrest the person for operating a vessel while under the influence of 2116
2525-intoxicating liquor or drugs, or both, or while such person has an 2117
2526-elevated blood alcohol content; (2) whether such person was placed 2118
2527-under arrest; (3) whether such person was operating the vessel; (4) 2119
2528-whether the results of the analysis of the blood of such person indicate 2120
2529-that such person had an elevated blood alcohol content, or there is 2121 Substitute Bill No. 6377
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2535-
2536-substantial evidence to conclude that the person was operating a vessel 2122
2537-under the influence of intoxicating liquor or any drug, or both; and (5) 2123
2538-whether the blood sample was obtained in accordance with conditions 2124
2539-for admissibility as set forth in section 15-140s. If, after such hearing, the 2125
2540-commissioner finds on any issue in the negative, the commissioner shall 2126
2541-not impose a suspension. The fees of any witness summoned to appear 2127
2542-at the hearing shall be the same as provided by the general statutes for 2128
2543-witnesses in criminal cases. 2129
2544-(k) The provisions of this section shall apply with the same effect to 2130
2545-the refusal by any person to submit to an additional chemical test as 2131
2546-provided in [subdivision (5)] subparagraph (E) of subdivision (1) of 2132
2547-subsection (a) of section 15-140r, as amended by this act. 2133
2548-(l) The provisions of this section do not apply to any person whose 2134
2549-physical condition is such that, according to competent medical advice, 2135
2550-such test would be inadvisable. 2136
2551-(m) The state shall pay the reasonable charges of any physician who, 2137
2552-at the request of a [municipal police department] law enforcement unit, 2138
2553-as defined in section 7-294a, takes a blood sample for purposes of a test 2139
2554-under the provisions of this section. 2140
2555-(n) For the purposes of this section, "elevated blood alcohol content" 2141
2556-means: (1) A ratio of alcohol in the blood of such person that is eight-2142
2557-hundredths of one per cent or more of alcohol, by weight, or (2) if such 2143
2558-person is under twenty-one years of age, a ratio of alcohol in the blood 2144
2559-of such person that is two-hundredths of one per cent or more of alcohol, 2145
2560-by weight. 2146
2561-(o) The commissioner may adopt regulations, in accordance with 2147
2562-chapter 54, to implement the provisions of this section. 2148
2563-(p) For purposes of this section and section 15-140r, as amended by 2149
2564-this act, (1) "drug influence evaluation" means a twelve-part evaluation 2150
2565-developed by the National Highway Traffic Safety Administration and 2151
2566-the International Association of Chiefs of Police that is conducted by a 2152 Substitute Bill No. 6377
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2572-
2573-drug recognition expert to determine the level of a person's impairment 2153
2574-from the use of drugs and the drug category causing such impairment; 2154
2575-(2) "drug recognition expert" means a person certified by the 2155
2576-International Association of Chiefs of Police as having met all 2156
2577-requirements of the International Drug Evaluation and Classification 2157
2578-Program; and (3) "nontestimonial portion of a drug influence 2158
2579-evaluation" means a drug influence evaluation conducted by a drug 2159
2580-recognition expert that does not include a verbal interview with the 2160
2581-subject. 2161
2582-Sec. 45. Section 15-140r of the general statutes is repealed and the 2162
2583-following is substituted in lieu thereof (Effective April 1, 2022): 2163
2584-(a) (1) Except as provided in section 15-140s or subsection (d) of this 2164
2585-section, in any criminal prosecution for the violation of section 15-132a, 2165
2586-subsection (d) of section 15-133, section 15-140l or 15-140n or subsection 2166
2587-(b) of section 53-206d, evidence respecting the amount of alcohol or drug 2167
2588-in the defendant's blood or urine at the time of the alleged offense, as 2168
2589-shown by a chemical [analysis] test of the defendant's breath, blood or 2169
2590-urine shall be admissible and competent provided: [(1)] (A) The 2170
2591-defendant was afforded a reasonable opportunity to telephone an 2171
2592-attorney prior to the performance of the test and consented to the taking 2172
2593-of the test upon which such analysis is made; [(2)] (B) a true copy of the 2173
2594-report of the test result was mailed to or personally delivered to the 2174
2595-defendant within twenty-four hours or by the end of the next regular 2175
2596-business day, after such result was known, whichever is later; [(3)] (C) 2176
2597-the test was performed by or at the direction of a certified law 2177
2598-enforcement officer according to methods and with equipment 2178
2599-approved by the Department of Emergency Services and Public 2179
2600-Protection, and if a blood test was performed, it was performed on a 2180
2601-blood sample taken by a person licensed to practice medicine and 2181
2602-surgery in this state, a qualified laboratory technician, an emergency 2182
2603-medical technician II or a registered nurse in accordance with the 2183
2604-regulations adopted under subsection (b) of this section; [(4)] (D) the 2184
2605-device used for such test was checked for accuracy in accordance with 2185 Substitute Bill No. 6377
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2611-
2612-the regulations adopted under subsection (b) of this section; [(5)] (E) an 2186
2613-additional chemical test of the same type was performed at least ten 2187
2614-minutes after the initial test was performed or, if requested by the peace 2188
2615-officer for reasonable cause, an additional chemical test of a different 2189
2616-type was performed, including a test to detect the presence of a drug or 2190
2617-drugs other than or in addition to alcohol, except that the results of the 2191
2618-initial test shall not be inadmissible under this subsection if reasonable 2192
2619-efforts were made to have such additional test performed in accordance 2193
2620-with the conditions set forth in this subsection and (i) such additional 2194
2621-test was not performed or was not performed within a reasonable time, 2195
2622-or (ii) the results of such additional test are not admissible for failure to 2196
2623-meet a condition set forth in this subsection; and [(6)] (F) evidence is 2197
2624-presented that the test was commenced within two hours of operation 2198
2625-of the vessel or expert testimony establishes the reliability of a test 2199
2626-commenced beyond two hours of operation of the vessel. In any 2200
2627-prosecution under this section, it shall be a rebuttable presumption that 2201
2628-the results of such chemical analysis establish the ratio of alcohol in the 2202
2629-blood of the defendant at the time of the alleged offense, except that if 2203
2630-the results of the additional test indicate that the ratio of alcohol in the 2204
2631-blood of such defendant is ten-hundredths of one per cent or less of 2205
2632-alcohol, by weight, and is higher than the results of the first test, 2206
2633-evidence shall be presented that demonstrates that the test results and 2207
2634-the analysis thereof accurately indicate the blood alcohol content at the 2208
2635-time of the alleged offense. 2209
2636-(2) If a law enforcement officer who is a drug recognition expert 2210
2637-conducts a drug influence evaluation, the officer's testimony concerning 2211
2638-such evaluation shall be admissible and competent as evidence of the 2212
2639-operation of a vessel while under the influence of liquor or any drug, or 2213
2640-both under subdivision (1) of subsection (a) of this section. 2214
2641-(b) The Commissioner of Emergency Services and Public Protection 2215
2642-shall ascertain the reliability of each method and type of device offered 2216
2643-for chemical testing and analysis of blood, of breath and of urine and 2217
2644-certify those methods and types which the Commissioner of Emergency 2218 Substitute Bill No. 6377
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2650-
2651-Services and Public Protection finds suitable for use in testing and 2219
2652-analysis of blood, breath and urine, respectively, in this state. The 2220
2653-Commissioner of Emergency Services and Public Protection, after 2221
2654-consultation with the Commissioner of Public Health, shall adopt 2222
2655-regulations, in accordance with chapter 54, governing the conduct of 2223
2656-chemical tests, the operation and use of chemical test devices and the 2224
2657-training and certification of operators of such devices and the drawing 2225
2658-or obtaining of blood, breath or urine samples as the Commissioner of 2226
2659-Emergency Services and Public Protection finds necessary to protect the 2227
2660-health and safety of persons who submit to chemical tests and to insure 2228
2661-reasonable accuracy in testing results. Such regulations shall not require 2229
2662-recertification of a peace officer solely because such officer terminates 2230
2663-such officer's employment with the law enforcement agency for which 2231
2664-certification was originally issued and commences employment with 2232
2665-another such agency. 2233
2666-(c) If a person is charged with a violation of section 15-132a, 2234
2667-subsection (d) of section 15-133 or section 15-140l or 15-140n, the charge 2235
2668-may not be reduced, nolled or dismissed unless the prosecuting 2236
2669-authority states in open court such prosecutor's reasons for the 2237
2670-reduction, nolle or dismissal. 2238
2671-(d) (1) In any criminal prosecution for a violation of section 15-132a, 2239
2672-subsection (d) of section 15-133 or section 15-140l or 15-140n, evidence 2240
2673-that the defendant refused to submit to a blood, breath or urine test or 2241
2674-the nontestimonial portion of a drug influence evaluation requested in 2242
2675-accordance with section 15-140q, as amended by this act, shall be 2243
2676-admissible provided the requirements of subsection (a) of said section 2244
2677-have been satisfied. If a case involving a violation of section 15-132a, 2245
2678-subsection (d) of section 15-133 or section 15-140l or 15-140n is tried to a 2246
2679-jury, the court shall instruct the jury as to any inference that may or may 2247
2680-not be drawn from the defendant's refusal to submit to a blood, breath 2248
2681-or urine test or evaluation. 2249
2682-(2) In any prosecution for a violation of subdivision (1) of subsection 2250
2683-(a) of this section, a drug recognition expert may testify as to his or her 2251 Substitute Bill No. 6377
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2689-
2690-opinion or otherwise as to the significance of any symptoms of 2252
2691-impairment or intoxication for which evidence has been admitted or on 2253
2692-the condition that such evidence be introduced. 2254
2693-(3) In any prosecution for a violation of subdivision (1) of subsection 2255
2694-(a) of this section in which it is alleged that the defendant's operation of 2256
2695-a vessel was impaired, in whole or in part, by consumption of cannabis, 2257
2696-cannabis products or THC, the court may take judicial notice that the 2258
2697-ingestion of THC (A) can impair a person's ability to operate a vessel; 2259
2698-(B) can impair a person's motor function, reaction time, tracking ability, 2260
2699-cognitive attention, decision-making, judgment, perception, peripheral 2261
2700-vision, impulse control and memory; and (C) does not enhance a 2262
2701-person's ability to safely operate a vessel. For the purposes of this 2263
2702-subdivision, "cannabis" and "cannabis products" have the same meaning 2264
2703-as provided in section 1 of this act and "THC" means 2265
2704-tetrahydrocannabinol and any material, compound, mixture or 2266
2705-preparation which contain their salts, isomers and salts of isomers, 2267
2706-whenever the existence of such salts, isomers and salts of isomers is 2268
2707-possible within the specific chemical designation, regardless of the 2269
2708-source, except: (i) Dronabinol in sesame oil and encapsulated in a soft 2270
2709-gelatin capsule in a federal Food and Drug Administration approved 2271
2710-product, and (ii) any tetrahydrocannabinol product that has been 2272
2711-approved by the federal Food and Drug Administration or successor 2273
2712-agency to have a medical use and reclassified in any schedule of 2274
2713-controlled substances or unscheduled by the federal Drug Enforcement 2275
2714-Administration or successor agency. 2276
2715-Sec. 46. Subsection (a) of section 21a-279 of the general statutes is 2277
2716-repealed and the following is substituted in lieu thereof (Effective January 2278
2717-1, 2022): 2279
2718-(a) (1) Any person who possesses or has under such person's control 2280
2719-any quantity of any controlled substance, except [less than one-half 2281
2720-ounce of a cannabis-type substance] any quantity of cannabis or 2282
2721-cannabis product, each as defined in section 1 of this act, and except as 2283 Substitute Bill No. 6377
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2728-authorized in this chapter, shall be guilty of a class A misdemeanor. 2284
2729-(2) For a second offense of subdivision (1) of this subsection, the court 2285
2730-shall evaluate such person and, if the court determines such person is a 2286
2731-drug-dependent person, the court may suspend prosecution of such 2287
2732-person and order such person to undergo a substance abuse treatment 2288
2733-program. 2289
2734-(3) For any subsequent offense of subdivision (1) of this subsection, 2290
2735-the court may find such person to be a persistent offender for possession 2291
2736-of a controlled substance in accordance with section 53a-40. 2292
2737-Sec. 47. Section 21a-279a of the general statutes is repealed and the 2293
2738-following is substituted in lieu thereof (Effective January 1, 2022): 2294
2739-(a) Any person twenty-one years of age or older may possess, use, 2295
2740-gift without compensation or remuneration and otherwise consume 2296
2741-cannabis and cannabis products, provided the amount of all such 2297
2742-cannabis, including the amount contained in any cannabis product, does 2298
2743-not exceed such consumer's possession limit of (1) six ounces of cannabis 2299
2744-plant material, (2) an equivalent amount of cannabis product, or (3) an 2300
2745-equivalent amount of a combination of cannabis and cannabis product. 2301
2746-[(a)] (b) Any person under twenty-one years of age who possesses or 2302
2747-has under [his] such person's control less than [one-half ounce of a 2303
2748-cannabis-type substance, as defined in section 21a-240] (1) two and one-2304
2749-half ounces of cannabis plant material, (2) an equivalent amount of 2305
2750-cannabis product, or (3) an equivalent amount of a combination of 2306
2751-cannabis and cannabis product, except as authorized in this chapter or 2307
2752-chapter 420f, shall [(1)] (A) for a first offense, be fined one hundred fifty 2308
2753-dollars, and [(2)] (B) for a subsequent offense, be fined not less than two 2309
2754-hundred dollars or more than five hundred dollars. 2310
2755-(c) The court shall evaluate any person who commits a second or 2311
2756-subsequent offense of any provision of subsection (b) of this section and, 2312
2757-if the court determines such person is a drug-dependent person, the 2313 Substitute Bill No. 6377
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2763-
2764-court may suspend prosecution of such person and order such person 2314
2765-to undergo a substance abuse treatment program. 2315
2766-[(b)] (d) The law enforcement officer issuing a complaint for a 2316
2767-violation of subsection [(a)] (b) of this section shall seize the [cannabis-2317
2768-type substance] cannabis or cannabis product and cause such substance 2318
2769-to be destroyed as contraband in accordance with law. 2319
2770-[(c)] (e) Any person who, at separate times, has twice entered a plea 2320
2771-of nolo contendere to, or been found guilty after trial of, a violation of 2321
2772-subsection [(a)] (b) of this section shall, upon a subsequent plea of nolo 2322
2773-contendere to, or finding of guilty of, a violation of said subsection, be 2323
2774-referred for participation in a drug education program at such person's 2324
2775-own expense. 2325
2776-(f) Subsections (a) to (e), inclusive, of this section shall not apply to 2326
2777-any person acting in the course of business under a cannabis-related 2327
2778-license issued by the Department of Consumer Protection, by the 2328
2779-Cannabis Control Commission or by any other municipal or state 2329
2780-agency or to any person acting in the course of business providing bona 2330
2781-fide services to a business operating under a cannabis-related license of 2331
2782-any type and for whom the possession of cannabis or cannabis products 2332
2783-in an amount greater than six ounces is a bona fide business activity or 2333
2784-occupation. 2334
2785-Sec. 48. (NEW) (Effective January 1, 2022) (a) Except as provided in 2335
2786-subsection (c) of this section, the existence of any of the following 2336
2787-circumstances shall not constitute, in whole or in part, probable cause 2337
2788-or reasonable suspicion and shall not be used as a basis to support any 2338
2789-stop or search of a person or motor vehicle: 2339
2790-(1) The odor of cannabis or burnt cannabis; or 2340
2791-(2) The possession of or the suspicion of possession of cannabis or 2341
2792-cannabis product, unless such cannabis or cannabis product exceeds six 2342
2793-ounces. 2343 Substitute Bill No. 6377
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2799-
2800-(b) Any evidence discovered as a result of any stop or search 2344
2801-conducted in violation of this section shall not be admissible in evidence 2345
2802-in any trial, hearing or other proceeding in a court of this state. 2346
2803-(c) A law enforcement official may not conduct a test for impairment 2347
2804-based on the odor of cannabis or burnt cannabis unless such official has 2348
2805-probable cause to believe the motor vehicle is being operated in an 2349
2806-unsafe manner. 2350
2807-Sec. 49. (NEW) (Effective October 1, 2021) Any person, except for a 2351
2808-licensed veterinarian or person acting under the supervision, instruction 2352
2809-or recommendation of a licensed veterinarian, who knowingly feeds or 2353
2810-recklessly provides cannabis or a cannabis product to a domesticated 2354
2811-animal shall be guilty of a class C misdemeanor. 2355
2812-Sec. 50. (NEW) (Effective July 1, 2021) (a) No agency or political 2356
2813-subdivision of the state may rely on a violation of federal law related to 2357
2814-cannabis as a significant or substantial basis for taking an adverse action 2358
2815-against a person. 2359
2816-(b) It is the public policy of this state that contracts related to the 2360
2817-operation of a cannabis establishment licensed in accordance with 2361
2818-section 13 of this act are enforceable. The effect of the provisions of this 2362
2819-subsection may not be limited by any contractual waiver, provision 2363
2820-regarding choice of law, provision regarding conflicts of law or other 2364
2821-manner of contractual provision or other agreement. 2365
2822-(c) It is the public policy of this state that no contract entered into by 2366
2823-a licensed cannabis establishment or its agents as authorized in 2367
2824-accordance with a valid license, or by those who allow property to be 2368
2825-used by a cannabis establishment, its employees, as defined in section 2369
2826-56 of this act, or its agents as authorized in accordance with a valid 2370
2827-license, shall be unenforceable on the basis that cultivating, obtaining, 2371
2828-manufacturing, distributing, dispensing, transporting, selling, 2372
2829-possessing or using cannabis is prohibited by federal law. The effect of 2373
2830-the provisions of this subsection may not be limited by any contractual 2374 Substitute Bill No. 6377
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2836-
2837-waiver, provision regarding choice of law, provision regarding conflicts 2375
2838-of law or other manner of contractual provision or other agreement. 2376
2839-(d) No law enforcement officer employed by an agency that receives 2377
2840-state or local government funds shall expend state or local resources, 2378
2841-including the officer's time, to effect any arrest or seizure of cannabis, or 2379
2842-conduct any investigation, on the basis of activity the officer believes 2380
2843-complies with the provisions of sections 1 to 60, inclusive, of this act, but 2381
2844-constitutes a violation of federal law. 2382
2845-(e) An officer may not expend state or local resources, including the 2383
2846-officer's time, to provide any information or logistical support related to 2384
2847-such activity to any federal law enforcement authority, prosecuting 2385
2848-entity or immigration authority. 2386
2849-Sec. 51. (NEW) (Effective January 1, 2022) Any drug paraphernalia, as 2387
2850-defined in section 21a-240 of the general statutes, or other property 2388
2851-relating to cannabis or cannabis product held by the Commissioner of 2389
2852-Consumer Protection pursuant to section 21a-263 of the general statutes, 2390
2853-a law enforcement agency, or court official that was seized from a 2391
2854-consumer before the effective date of this section in connection with 2392
2855-suspected possession or control of cannabis or cannabis product in 2393
2856-violation of the provisions of subsection (a) of section 21a-279a of the 2394
2857-general statutes, as amended by this act, shall be returned to the 2395
2858-consumer not later than one hundred eighty days of the effective date 2396
2859-of this section, provided no return of cannabis or cannabis products 2397
2860-exceeds six ounces, as permitted under section 21a-279a of the general 2398
2861-statutes, as amended by this act. 2399
2862-Sec. 52. (NEW) (Effective January 1, 2022) Notwithstanding any 2400
2863-provision of chapter 420b of the general statutes, a consumer may 2401
2864-manufacture, possess, or purchase paraphernalia, as defined in section 2402
2865-21a-240 of the general statutes, related to cannabis or gift, distribute or 2403
2866-sell such paraphernalia to another consumer. 2404
2867-Sec. 53. (NEW) (Effective January 1, 2022) Any consumer may gift 2405 Substitute Bill No. 6377
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2873-
2874-cannabis or cannabis products to another consumer, witho ut 2406
2875-compensation of any kind, provided such other consumer may possess 2407
2876-such cannabis or cannabis products and such gift is not part of a 2408
2877-commercial transaction. 2409
2878-Sec. 54. (NEW) (Effective January 1, 2022) (a) Use or possession of 2410
2879-cannabis or cannabis products by a person that does not violate section 2411
2880-21a-279 or section 21a-279a of the general statutes, as amended by this 2412
2881-act, or chapter 420f of the general statutes shall not be grounds for 2413
2882-revocation of such person's parole, special parole or probation. 2414
2883-(b) Notwithstanding the provisions of subsection (a) of this section, if 2415
2884-a person's conditions of parole, special parole or probation include a 2416
2885-finding that such person is a drug-dependent person and a condition 2417
2886-that such person not use or possess cannabis or cannabis products, use 2418
2887-or possession of cannabis or cannabis products may be grounds for 2419
2888-revocation of parole, special parole or probation. 2420
2889-(c) No condition of parole, special parole or probation shall prohibit 2421
2890-a person from employment in any cannabis establishment or cannabis-2422
2891-related business without a finding, based on clear and convincing 2423
2892-evidence, that such employment poses a substantial risk of the person's 2424
2893-recidivism or reoffense or a substantial obstacle to the person's recovery 2425
2894-from drug dependency. 2426
2895-Sec. 55. (NEW) (Effective July 1, 2022) Any cannabis establishment 2427
2896-licensee or any servant or agent of a licensee who sells or delivers 2428
2897-cannabis or cannabis products to any person under twenty one years of 2429
2898-age shall be fined not more than one thousand dollars or imprisoned not 2430
2899-more than one year, or both. 2431
2900-Sec. 56. (NEW) (Effective January 1, 2022) (a) As used in this section: 2432
2901-(1) "Backer" means any person with a direct or indirect financial 2433
2902-interest in a cannabis establishment. "Backer" does not include a person 2434
2903-with an investment interest in a cannabis establishment, provided the 2435 Substitute Bill No. 6377
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2909-
2910-interest held by such person and such person's coworkers, employees, 2436
2911-spouse, parent or child, in the aggregate, does not exceed five per cent 2437
2912-of the total ownership or interest rights in such cannabis establishment 2438
2913-and such person does not participate directly or indirectly in the control, 2439
2914-management or operation of the cannabis establishment; 2440
2915-(2) "Employee" means any person who is not a backer or key 2441
2916-employee but is a member of the board of a company with an ownership 2442
2917-interest in a cannabis establishment, or any person employed by a 2443
2918-cannabis establishment or who otherwise has access to such 2444
2919-establishment or the vehicles used to transport cannabis or cannabis 2445
2920-products, including, but not limited to, an independent contractor who 2446
2921-has routine access to the premises of such establishment or to the 2447
2922-cannabis or cannabis products handled by such establishment; and 2448
2923-(3) "Key employee" means an individual with the following 2449
2924-management position or an equivalent title within a cannabis 2450
2925-establishment: (A) President or chief officer, who is the top ranking 2451
2926-individual at the cannabis establishment and is responsible for all staff 2452
2927-and overall direction of business operations; (B) financial manager, who 2453
2928-is the individual that reports to the president or chief officer who is 2454
2929-generally responsible for oversight of the financial operations of the 2455
2930-cannabis licensee, including, but not limited to, revenue generation, 2456
2931-distributions, tax compliance and budget implementation; or (C) 2457
2932-compliance manager, who is the individual that reports to the president 2458
2933-or chief officer and who is generally responsible for ensuring the 2459
2934-cannabis establishment complies with all laws, regulations and 2460
2935-requirements related to the operation of the business establishment. 2461
2936-(b) A cannabis establishment issued a license pursuant to section 13 2462
2937-of this act or an agent or employee of such licensee may require any 2463
2938-person whose age is in question to have such person's photograph be 2464
2939-taken by, and a photocopy of such person's driver's license or identity 2465
2940-card issued in accordance with the provisions of section 1-1h of the 2466
2941-general statutes be made by, such licensee, agent or employee as a 2467
2942-condition of selling or delivering cannabis or cannabis products to such 2468 Substitute Bill No. 6377
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2948-
2949-person. 2469
2950-(c) No licensee or agent or employee of a licensee shall use a 2470
2951-photograph taken or a photocopy made pursuant to subsection (b) of 2471
2952-this section for a purpose other than the purpose specified in said 2472
2953-subsection. 2473
2954-(d) No licensee or agent or employee of a licensee shall sell or 2474
2955-otherwise disseminate a photograph taken or a photocopy made 2475
2956-pursuant to subsection (b) of this section, or any information derived 2476
2957-from such photocopy, to any third party for any purpose including, but 2477
2958-not limited to, any marketing, advertising or promotional activities, 2478
2959-except that a licensee or an agent or employee of a licensee may release 2479
2960-such photograph, photocopy or information pursuant to a court order. 2480
2961-(e) In any prosecution of a licensee or an agent or employee of a 2481
2962-licensee for selling or delivering cannabis or cannabis products to a 2482
2963-person under twenty one years of age in violation of this section or 2483
2964-section 57 or 59 of this act, it shall be an affirmative defense that such 2484
2965-licensee, agent or employee sold or delivered cannabis or cannabis 2485
2966-products to such minor in good faith and in reasonable reliance upon 2486
2967-the identification presented by such person and, pursuant to subsection 2487
2968-(b) of this section, photographed the person and made a photocopy of 2488
2969-such identification. In support of such defense, such licensee, agent or 2489
2970-employee may introduce evidence of such photograph and photocopy. 2490
2971-(f) The Commissioner of Consumer Protection may require a 2491
2972-cannabis establishment to use an online age verification system. 2492
2973-Sec. 57. (NEW) (Effective January 1, 2022) Any person who induces any 2493
2974-person under twenty one years of age to procure cannabis or cannabis 2494
2975-products from any person licensed to sell such cannabis products shall 2495
2976-be fined not more than one thousand dollars or imprisoned not more 2496
2977-than one year or both. The provisions of this section shall not apply to 2497
2978-any such inducement in furtherance of an official investigation or 2498
2979-enforcement activity conducted by a law enforcement agency. 2499 Substitute Bill No. 6377
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2985-
2986-Sec. 58. (NEW) (Effective January 1, 2022) (a) Each person who attains 2500
2987-the age of twenty-one years and has a motor vehicle operator's license 2501
2988-or identity card issued in accordance with the provisions of section 1-1h 2502
2989-of the general statutes, containing a full-face photograph of such person, 2503
2990-may use, and each licensee may accept, such license as legal proof of the 2504
2991-age of the person for the purposes of section 56 of this act. 2505
2992-(b) Any person who, for the purpose of procuring cannabis or 2506
2993-cannabis products, misrepresents his or her age or uses or exhibits an 2507
2994-operator's license belonging to any other person shall, on a first offense, 2508
2995-be fined not more than two hundred fifty dollars and on a subsequent 2509
2996-offense, be guilty of a class D misdemeanor. 2510
2997-(c) Notwithstanding subsection (b) of this section, an individual who 2511
2998-is employed or contracted directly or indirectly by a state agency to 2512
2999-purchase cannabis or cannabis products for the purposes of testing the 2513
3000-age verification and product controls of cannabis retailers shall not have 2514
3001-violated the law or be fined or imprisoned. 2515
3002-Sec. 59. (NEW) (Effective January 1, 2022) No cannabis retailer or such 2516
3003-retailer's employee, as defined in section 56 of this act, or agents shall 2517
3004-permit any person under twenty one years of age to loiter with the intent 2518
3005-to purchase or consume unlawfully on the retailer's premises where 2519
3006-cannabis or cannabis products are kept for sale. A first violation of this 2520
3007-section shall be an infraction with a penalty not to exceed one thousand 2521
3008-dollars and a subsequent violation of this section shall be a class B 2522
3009-misdemeanor. This section shall not apply to any employee at a 2523
3010-cannabis establishment who is eighteen to twenty years of age. 2524
807+(d) The Office of Attorney General shall conduct periodic disparate racial 696
808+impact reviews of denials and evictions for cannabis-related reasons under Title 697
809+VI of the federal Civil Rights Act of 1964, at its discretion, but not less than once 698
810+every two years. Should any such review identify any pattern of disparate racial 699
811+impact or intentional discrimination in the provision or retention of federally 700
812+assisted housing on the basis of lawful cannabis activity, the Office of the Attorney 701
813+General shall promptly undertake, upon the recommendation of the Cannabis 702
814+Control Commission, or on its own initiative, such remedial and corrective 703
815+measures as it deems reasonable, including seeking equitable and injunctive relief 704
816+and imposing civil penalties not to exceed one hundred thousand dollars for each 705
817+instance of a policy or practice that creates a disparate racial impact in the 706
818+provision or retention of housing covered by this section. 707
819+Sec. 32. (NEW) (Effective from passage) No part of sections X to XX of this act shall 708
820+be interpreted to infringe on tribal sovereignty to establish laws, regulations or 709
821+ordinances or govern and regulate matters of public policy within the boundaries 710
822+of tribal jurisdiction. Lawful cannabis operations certified by the tribes shall be 711
823+considered licensed entities for the purpose of commerce between tribal cannabis 712
824+businesses and licensed cannabis businesses in this state. 713
825+Sec. 33. (NEW) (Effective from passage) If any part of sections X to XX, inclusive, 714
826+of this act or any regulations adopted pursuant to said sections, or the application 715
827+of said sections or regulations to any person or circumstance is held invalid, such 716
828+invalidity shall not affect any other parts of said sections or regulations, or 717
829+applications of said sections or regulations, which can be given effect without the 718
830+invalid part or application. 719
3011831 This act shall take effect as follows and shall amend the following
3012832 sections:
3013833
3014834 Section 1 from passage New section
3015835 Sec. 2 from passage New section
3016836 Sec. 3 from passage New section
3017837 Sec. 4 from passage New section
3018-Sec. 5 from passage New section Substitute Bill No. 6377
838+Sec. 5 from passage New section
839+Sec. 6 from passage New section
840+Sec. 7 from passage New section
841+Sec. 8 from passage New section Raised Bill No. 6377
3019842
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844+LCO No. 2856 24 of 24
3024845
3025-Sec. 6 from passage New section
3026-Sec. 7 from passage New section
3027-Sec. 8 from passage New section
3028846 Sec. 9 from passage New section
3029847 Sec. 10 from passage New section
3030848 Sec. 11 from passage New section
3031849 Sec. 12 from passage New section
3032850 Sec. 13 from passage New section
3033851 Sec. 14 from passage New section
3034852 Sec. 15 from passage New section
3035853 Sec. 16 from passage New section
3036854 Sec. 17 from passage New section
3037855 Sec. 18 from passage New section
3038856 Sec. 19 from passage New section
3039857 Sec. 20 from passage New section
3040858 Sec. 21 from passage New section
3041859 Sec. 22 from passage New section
3042860 Sec. 23 from passage New section
3043861 Sec. 24 from passage New section
3044862 Sec. 25 from passage New section
3045863 Sec. 26 from passage New section
3046864 Sec. 27 from passage New section
3047865 Sec. 28 from passage New section
3048866 Sec. 29 from passage New section
3049867 Sec. 30 from passage New section
3050868 Sec. 31 from passage New section
3051869 Sec. 32 from passage New section
3052-Sec. 33 July 1, 2022 54-142d
3053-Sec. 34 July 1, 2022 New section
3054-Sec. 35 from passage 21a-408s
3055-Sec. 36 October 1, 2021 New section
3056-Sec. 37 October 1, 2021 New section
3057-Sec. 38 July 1, 2021 New section
3058-Sec. 39 April 1, 2022 14-227a(a) to (e)
3059-Sec. 40 April 1, 2022 14-227b
3060-Sec. 41 April 1, 2022 14-227c
3061-Sec. 42 April 1, 2022 14-44k(c)
3062-Sec. 43 July 1, 2021 New section
3063-Sec. 44 April 1, 2022 15-140q
3064-Sec. 45 April 1, 2022 15-140r Substitute Bill No. 6377
870+Sec. 33 from passage New section
3065871
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3070-
3071-Sec. 46 January 1, 2022 21a-279(a)
3072-Sec. 47 January 1, 2022 21a-279a
3073-Sec. 48 January 1, 2022 New section
3074-Sec. 49 October 1, 2021 New section
3075-Sec. 50 July 1, 2021 New section
3076-Sec. 51 January 1, 2022 New section
3077-Sec. 52 January 1, 2022 New section
3078-Sec. 53 January 1, 2022 New section
3079-Sec. 54 January 1, 2022 New section
3080-Sec. 55 July 1, 2022 New section
3081-Sec. 56 January 1, 2022 New section
3082-Sec. 57 January 1, 2022 New section
3083-Sec. 58 January 1, 2022 New section
3084-Sec. 59 January 1, 2022 New section
3085-
3086-Statement of Legislative Commissioners:
3087-In Section 1, a definition of "Cannabis Control Commission" was added
3088-for consistency with standard drafting conventions; Section 1(5) was
3089-rewritten for statutory consistency; Section 1(13) was rewritten for
3090-clarity; Section 1(16) was rewritten for accuracy; Section 1(18) was
3091-rewritten for clarity; in Section 2(a), the first sentence was rewritten for
3092-clarity; in Section 2(a)(3), "this section, sections 3 to 33, inclusive, or this
3093-act" was changed to "13 of this act" for accuracy; in Section 2(a)(4), "and
3094-sections 3 to 32, inclusive, of this act" was deleted for accuracy; in Section
3095-3(b), "clearly" was deleted for consistency with standard drafting
3096-conventions; Section 4 was rewritten for clarity and accuracy; in Section
3097-6, "statutory enactments, amendments and repeals" was changed to
3098-"legislation" for consistency with standard drafting conventions; in
3099-Section 7, "such study" was changed to "a study pursuant to section 4 of
3100-this act" for accuracy and clarity; Section 8(a) was rewritten for clarity;
3101-in Section 9(a), "sections 12, 13, 15 and 16" was changed to "sections 13,
3102-15, 16 and 23" for accuracy; Section 9(c) was rewritten for accuracy;
3103-Section 10 was rewritten for accuracy; in Section 13, the first sentence
3104-was rewritten for clarity; in Section 13(e)(1), "pursuant to section 18 of
3105-this act" and "pursuant to section 5 of this act" were added for clarity;
3106-Section 13(e)(3) and (e)(4) were rewritten for clarity; in Section
3107-13(f)(2)(A), the last two sentences were rewritten for clarity and
3108-consistency with standard drafting conventions; Section 13(f)(2)(B) was
3109-rewritten for clarity; in Section 13(h), "and solicit its recommendations"
3110-was deleted for clarity and consistency with standard drafting
3111-conventions; Section 15 was rewritten for clarity; in Section 16, "said Substitute Bill No. 6377
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3117-
3118-sections" was changed to "section 13" for accuracy; in Section 18(3) was
3119-rewritten for clarity; in Section 20(a), "imposed under section 21 of this
3120-act" was added after "surcharges" for clarity and the last sentence was
3121-rewritten for clarity; in Section 20(b), "16" was deleted for accuracy;
3122-Section 21 was rewritten for clarity; Section 24 was rewritten for clarity
3123-and accuracy; in Section 29(i), "1 to 33" was changed to "13 to 15" for
3124-accuracy; in Section 37, "as defined in section 36 of this act" was deleted
3125-for accuracy and consistency with standard drafting conventions; in
3126-Section 47(a), "gift without compensation, remuneration, or any manner
3127-of relationship to a commercial transaction" was changed to "gift
3128-without compensation or remuneration" for clarity and consistency with
3129-standard drafting conventions; Section 47(b), "as provided in subsection
3130-(g) of this section" was deleted for accuracy; Section 47(c) was rewritten
3131-for clarity and accuracy; in Sections 47(d) and 47(e), "(c) or (d)" were
3132-deleted for accuracy; in Section 50(b), "this section" was changed to
3133-"section 13 of this act" for accuracy; Section 50(d) was rewritten for
3134-clarity; in Section 56(b), "this chapter" was changed to "section 13 of this
3135-act" for accuracy; and Section 58(c) was rewritten for clarity and
3136-consistency with standard drafting conventions.
3137-
3138-LAB Joint Favorable Subst.
872+Statement of Purpose:
873+To require labor peace agreements for the cannabis industry and to ensure a
874+modern and equitable cannabis workforce.
875+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the
876+entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
3139877