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| 3 | + | LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06500-R01- | |
| 4 | + | HB.docx | |
| 5 | + | 1 of 17 | |
| 6 | + | ||
| 7 | + | General Assembly Substitute Bill No. 6500 | |
| 8 | + | January Session, 2021 | |
| 1 | 9 | ||
| 2 | 10 | ||
| 3 | 11 | ||
| 4 | - | Substitute House Bill No. 6500 | |
| 5 | - | ||
| 6 | - | Public Act No. 21-89 | |
| 7 | 12 | ||
| 8 | 13 | ||
| 9 | 14 | AN ACT CONCERNING SU PPLEMENTAL REVISIONS TO THE | |
| 10 | 15 | STATE'S HEMP PROGRAM STATUTE. | |
| 11 | 16 | Be it enacted by the Senate and House of Representatives in General | |
| 12 | 17 | Assembly convened: | |
| 13 | 18 | ||
| 14 | - | Section 1. Section 22-61l of the general statutes is repealed and the | |
| 15 | - | following is substituted in lieu thereof (Effective from passage): | |
| 16 | - | (a) For the purpose of this section and section 22-61m, the following | |
| 17 | - | terms have the same meaning as provided in 7 CFR 990.1, as amended | |
| 18 | - | from time to time: "Acceptable hemp THC level", "Agricultural | |
| 19 | - | marketing service", "Audit", "Cannabis", "Conviction", "Corrective | |
| 20 | - | action plan", "Culpable mental state greater than negligence", | |
| 21 | - | "Decarboxylated", "Decarboxylation", "Disposal", "Dry weight basis", | |
| 22 | - | "Gas chromatography", "Geospatial location", "Handle", ["High- | |
| 23 | - | performance liquid] "Liquid chromatography", "Immature plants", | |
| 24 | - | "Information sharing system", "Measurement of uncertainty", | |
| 25 | - | "Negligence", "Phytocannabinoid", "Postdecarboxylation", | |
| 26 | - | "Remediation", "Reverse distributor" and "Total THC". In | |
| 27 | - | the purpose of this section and section 22-61m: | |
| 28 | - | (1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by | |
| 29 | - | the same name; | |
| 30 | - | (2) "Certificate of analysis" means a certificate from a laboratory Substitute | |
| 19 | + | Section 1. Section 22-61l of the general statutes is repealed and the 1 | |
| 20 | + | following is substituted in lieu thereof (Effective from passage): 2 | |
| 21 | + | (a) For the purpose of this section and section 22-61m, the following 3 | |
| 22 | + | terms have the same meaning as provided in 7 CFR 990.1, as amended 4 | |
| 23 | + | from time to time: "Acceptable hemp THC level", "Agricultural 5 | |
| 24 | + | marketing service", "Audit", "Cannabis", "Conviction", "Corrective 6 | |
| 25 | + | action plan", "Culpable mental state greater than negligence", 7 | |
| 26 | + | "Decarboxylated", "Decarboxylation", "Disposal", "Dry weight basis", 8 | |
| 27 | + | "Gas chromatography", "Geospatial location", "Handle", ["High-9 | |
| 28 | + | performance liquid] "Liquid chromatography", "Immature plants", 10 | |
| 29 | + | "Information sharing system", "Measurement of uncertainty", 11 | |
| 30 | + | "Negligence", "Phytocannabinoid", "Postdecarboxylation" , 12 | |
| 31 | + | "Remediation", [and] "Reverse distributor" and "Total THC". In 13 | |
| 32 | + | addition, for the purpose of this section and section 22-61m: 14 | |
| 33 | + | (1) "Cannabidiol" or "CBD" means the nonpsychotropic compound by 15 | |
| 34 | + | the same name; 16 | |
| 35 | + | (2) "Certificate of analysis" means a certificate from a laboratory 17 Substitute Bill No. 6500 | |
| 31 | 36 | ||
| 32 | - | Public Act No. 21-89 2 of 18 | |
| 33 | 37 | ||
| 34 | - | describing the results of the laboratory's testing of a sample; | |
| 35 | - | (3) "Commissioner" means the Commissioner of Agriculture, or the | |
| 36 | - | commissioner's designated agent; | |
| 37 | - | (4) "Cultivate" means to plant, grow, harvest, handle and store a plant | |
| 38 | - | or crop; | |
| 39 | - | (5) "Federal act" means the United States Agricultural Marketing Act | |
| 40 | - | of 1946, 7 USC 1639o et seq., as amended from time to time; | |
| 41 | - | (6) "Department" means the Department of Agriculture; | |
| 42 | - | (7) "Hemp" has the same meaning as provided in the federal act; | |
| 43 | - | (8) "Hemp products" means all manufacturer hemp products and | |
| 44 | - | producer hemp products; | |
| 45 | - | (9) "Independent testing laboratory" means a facility: | |
| 46 | - | (A) For which no person who has any direct or indirect financial or | |
| 47 | - | managerial interest in the laboratory and also has any direct or indirect | |
| 48 | - | interest in a facility that: | |
| 49 | - | (i) Produces, distributes, manufactures or sells hemp or hemp | |
| 50 | - | products, or marijuana in any state or territory of the United States; or | |
| 51 | - | (ii) Cultivates, processes, distributes, dispenses or sells marijuana; | |
| 52 | - | and | |
| 53 | - | (B) That is accredited as a laboratory in compliance with section 21a- | |
| 54 | - | 408-59 of the regulations of Connecticut state agencies; | |
| 55 | - | (10) "Laboratory" means a laboratory that meets the requirements of | |
| 56 | - | 7 CFR 990.3 and that is accredited as a testing laboratory to International | |
| 57 | - | Organization for Standardization (ISO) 17025 by a third-party | |
| 58 | - | accrediting body such as the American Association for Laboratory Substitute House Bill No. 6500 | |
| 38 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06500- | |
| 39 | + | R01-HB.docx } | |
| 40 | + | 2 of 17 | |
| 59 | 41 | ||
| 60 | - | Public Act No. 21-89 3 of 18 | |
| 42 | + | describing the results of the laboratory's testing of a sample; 18 | |
| 43 | + | (3) "Commissioner" means the Commissioner of Agriculture, or the 19 | |
| 44 | + | commissioner's designated agent; 20 | |
| 45 | + | (4) "Cultivate" means to plant, grow, harvest, handle and store a plant 21 | |
| 46 | + | or crop; 22 | |
| 47 | + | (5) "Federal act" means the United States Agricultural Marketing Act 23 | |
| 48 | + | of 1946, 7 USC 1639o et seq., as amended from time to time; 24 | |
| 49 | + | (6) "Department" means the Department of Agriculture; 25 | |
| 50 | + | (7) "Hemp" has the same meaning as provided in the federal act; 26 | |
| 51 | + | (8) "Hemp products" means all manufacturer hemp products and 27 | |
| 52 | + | producer hemp products; 28 | |
| 53 | + | (9) "Independent testing laboratory" means a facility: 29 | |
| 54 | + | (A) For which no person who has any direct or indirect financial or 30 | |
| 55 | + | managerial interest in the laboratory and also has any direct or indirect 31 | |
| 56 | + | interest in a facility that: 32 | |
| 57 | + | (i) Produces, distributes, manufactures or sells hemp or hemp 33 | |
| 58 | + | products, or marijuana in any state or territory of the United States; or 34 | |
| 59 | + | (ii) Cultivates, processes, distributes, dispenses or sells marijuana; 35 | |
| 60 | + | and 36 | |
| 61 | + | (B) That is accredited as a laboratory in compliance with section 21a-37 | |
| 62 | + | 408-59 of the regulations of Connecticut state agencies; 38 | |
| 63 | + | (10) "Laboratory" means a laboratory that meets the requirements of 39 | |
| 64 | + | 7 CFR 990.3 and that is accredited as a testing laboratory to International 40 | |
| 65 | + | Organization for Standardization (ISO) 17025 by a third-party 41 | |
| 66 | + | accrediting body such as the American Association for Laboratory 42 | |
| 67 | + | Accreditation or the Assured Calibration and Laboratory Accreditation 43 Substitute Bill No. 6500 | |
| 61 | 68 | ||
| 62 | - | Accreditation or the Assured Calibration and Laboratory Accreditation | |
| 63 | - | Select Services; | |
| 64 | - | (11) "Law enforcement agency" means the Connecticut State Police, | |
| 65 | - | the United States Drug Enforcement Administration, the Department of | |
| 66 | - | Agriculture, the Department of Consumer Protection Drug Control | |
| 67 | - | Division or any other federal, state or local law enforcement agency or | |
| 68 | - | drug suppression unit; | |
| 69 | - | (12) "Licensee" means an individual or entity that possesses a license | |
| 70 | - | to produce or manufacture hemp or hemp products in this state; | |
| 71 | - | (13) "Manufacture" means the conversion of the hemp plant into a by- | |
| 72 | - | product by means of adding heat, solvents or any method of extraction | |
| 73 | - | that modifies the original composition of the plant for the purpose of | |
| 74 | - | creating a manufacturer hemp product for commercial or research | |
| 75 | - | purposes; | |
| 76 | - | (14) "Manufacturer" means a person in the state licensed by the | |
| 77 | - | Commissioner of Consumer Protection to manufacture, handle, store | |
| 78 | - | and market manufacturer hemp products pursuant to the provisions of | |
| 79 | - | section 22-61m and any regulation adopted pursuant to section 22-61m; | |
| 80 | - | (15) "Marijuana" has the same meaning as provided in section 21a- | |
| 81 | - | 240; | |
| 82 | - | (16) "Market" or "marketing" means promoting, distributing or | |
| 83 | - | selling a hemp product within the state, in another state or outside of | |
| 84 | - | the United States and includes efforts to advertise and gather | |
| 85 | - | information about the needs or preferences of potential consumers or | |
| 86 | - | suppliers; | |
| 87 | - | (17) "On-site manager" means the individual designated by the | |
| 88 | - | producer license applicant or producer responsible for on-site | |
| 89 | - | management and operations of a licensed producer; Substitute House Bill No. 6500 | |
| 90 | 69 | ||
| 91 | - | Public Act No. 21-89 4 of 18 | |
| 70 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06500- | |
| 71 | + | R01-HB.docx } | |
| 72 | + | 3 of 17 | |
| 92 | 73 | ||
| 93 | - | (18) "Pesticide" has the same meaning as "pesticide chemical" as | |
| 94 | - | provided in section 21a-92; | |
| 95 | - | (19) "Lot" means a contiguous area in a field, greenhouse or indoor | |
| 96 | - | growing structure containing the same variety or strain of hemp | |
| 97 | - | throughout the area; | |
| 98 | - | (20) "Post-harvest sample" means a representative sample of the form | |
| 99 | - | of hemp taken from the harvested hemp from a particular lot's harvest | |
| 100 | - | that is collected in accordance with the procedures established by the | |
| 101 | - | commissioner; | |
| 102 | - | (21) "Pre-harvest sample" means a composite, representative portion | |
| 103 | - | from plants in a hemp lot, that is collected in accordance with the | |
| 104 | - | procedures established by the commissioner; | |
| 105 | - | (22) "Produce" means to cultivate hemp or create any producer hemp | |
| 106 | - | product; | |
| 107 | - | (23) "State plan" means a state plan, as described in the federal act and | |
| 108 | - | as authorized pursuant to this section; | |
| 109 | - | (24) "THC" means delta-9-tetrahydrocannabinol; | |
| 110 | - | (25) "Controlled Substances Act" or "CSA" means the Controlled | |
| 111 | - | Substances Act as codified in 21 USC 801 et seq.; | |
| 112 | - | (26) "Criminal history report" means [the Federal Bureau of | |
| 113 | - | Investigation's Identity History Summary] the fingerprint-based state | |
| 114 | - | and national criminal history record information obtained in accordance | |
| 115 | - | with section 29-17a; | |
| 116 | - | (27) "Drug Enforcement Administration" or "DEA" means the United | |
| 117 | - | States Drug Enforcement Administration; | |
| 118 | - | (28) "Farm service agency" or "FSA" means an agency of the United Substitute House Bill No. 6500 | |
| 74 | + | Select Services; 44 | |
| 75 | + | (11) "Law enforcement agency" means the Connecticut State Police, 45 | |
| 76 | + | the United States Drug Enforcement Administration, the Department of 46 | |
| 77 | + | Agriculture, the Department of Consumer Protection Drug Control 47 | |
| 78 | + | Division or any other federal, state or local law enforcement agency or 48 | |
| 79 | + | drug suppression unit; 49 | |
| 80 | + | (12) "Licensee" means an individual or entity that possesses a license 50 | |
| 81 | + | to produce or manufacture hemp or hemp products in this state; 51 | |
| 82 | + | (13) "Manufacture" means the conversion of the hemp plant into a by-52 | |
| 83 | + | product by means of adding heat, solvents or any method of extraction 53 | |
| 84 | + | that modifies the original composition of the plant for the purpose of 54 | |
| 85 | + | creating a manufacturer hemp product for commercial or research 55 | |
| 86 | + | purposes; 56 | |
| 87 | + | (14) "Manufacturer" means a person in the state licensed by the 57 | |
| 88 | + | Commissioner of Consumer Protection to manufacture, handle, store 58 | |
| 89 | + | and market manufacturer hemp products pursuant to the provisions of 59 | |
| 90 | + | section 22-61m and any regulation adopted pursuant to section 22-61m; 60 | |
| 91 | + | (15) "Marijuana" has the same meaning as provided in section 21a-61 | |
| 92 | + | 240; 62 | |
| 93 | + | (16) "Market" or "marketing" means promoting, distributing or 63 | |
| 94 | + | selling a hemp product within the state, in another state or outside of 64 | |
| 95 | + | the United States and includes efforts to advertise and gather 65 | |
| 96 | + | information about the needs or preferences of potential consumers or 66 | |
| 97 | + | suppliers; 67 | |
| 98 | + | (17) "On-site manager" means the individual designated by the 68 | |
| 99 | + | producer license applicant or producer responsible for on-site 69 | |
| 100 | + | management and operations of a licensed producer; 70 | |
| 101 | + | (18) "Pesticide" has the same meaning as "pesticide chemical" as 71 | |
| 102 | + | provided in section 21a-92; 72 Substitute Bill No. 6500 | |
| 119 | 103 | ||
| 120 | - | Public Act No. 21-89 5 of 18 | |
| 121 | 104 | ||
| 122 | - | States Department of Agriculture; | |
| 123 | - | (29) "Key participant" means a sole proprietor, a partner in | |
| 124 | - | partnership or a person with executive managerial control in an entity, | |
| 125 | - | including persons such as a chief executive officer, chief operating | |
| 126 | - | officer and chief financial officer; | |
| 127 | - | (30) "Manufacturer hemp product" means a commodity | |
| 128 | - | manufactured from the hemp plant, for commercial or research | |
| 129 | - | purposes, that is intended for human ingestion, inhalation, absorption | |
| 130 | - | or other internal consumption, that contains a THC concentration of not | |
| 131 | - | more than 0.3 per cent on a dry weight basis or per volume or weight of | |
| 132 | - | such manufacturer hemp product; | |
| 133 | - | (31) "Producer" means an individual or entity licensed by the | |
| 134 | - | commissioner to produce and market producer hemp produ cts | |
| 135 | - | pursuant to the federal act, the state plan, the provisions of this section | |
| 136 | - | and the regulations adopted pursuant to this section; | |
| 137 | - | (32) "Producer hemp product" means any of the following produced | |
| 138 | - | in this state: Raw hemp product, fiber-based hemp product or animal | |
| 139 | - | hemp food product, and each of which contains a THC concentration of | |
| 140 | - | not more than 0.3 per cent on a dry weight basis or per volume or weight | |
| 141 | - | of such producer hemp product; | |
| 142 | - | (33) "USDA" means the United States Department of Agriculture; | |
| 143 | - | (34) "Entity" means a corporation, joint stock company, association, | |
| 144 | - | limited partnership, limited liability partnership, limited liability | |
| 145 | - | company, irrevocable trust, estate, charitable organization or other | |
| 146 | - | similar organization, including any such organization participating in | |
| 147 | - | the hemp production as a partner in a general partnership, a participant | |
| 148 | - | in a joint venture or a participant in a similar organization; and | |
| 149 | - | (35) "Homogenize" means to blend hemp into a mixture that has a Substitute House Bill No. 6500 | |
| 105 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06500- | |
| 106 | + | R01-HB.docx } | |
| 107 | + | 4 of 17 | |
| 150 | 108 | ||
| 151 | - | Public Act No. 21-89 6 of 18 | |
| 109 | + | (19) "Lot" means a contiguous area in a field, greenhouse or indoor 73 | |
| 110 | + | growing structure containing the same variety or strain of hemp 74 | |
| 111 | + | throughout the area; 75 | |
| 112 | + | (20) "Post-harvest sample" means a representative sample of the form 76 | |
| 113 | + | of hemp taken from the harvested hemp from a particular lot's harvest 77 | |
| 114 | + | that is collected in accordance with the procedures established by the 78 | |
| 115 | + | commissioner; 79 | |
| 116 | + | (21) "Pre-harvest sample" means a composite, representative portion 80 | |
| 117 | + | from plants in a hemp lot, that is collected in accordance with the 81 | |
| 118 | + | procedures established by the commissioner; 82 | |
| 119 | + | (22) "Produce" means to cultivate hemp or create any producer hemp 83 | |
| 120 | + | product; 84 | |
| 121 | + | (23) "State plan" means a state plan, as described in the federal act and 85 | |
| 122 | + | as authorized pursuant to this section; 86 | |
| 123 | + | (24) "THC" means delta-9-tetrahydrocannabinol; 87 | |
| 124 | + | (25) "Controlled Substances Act" or "CSA" means the Controlled 88 | |
| 125 | + | Substances Act as codified in 21 USC 801 et seq.; 89 | |
| 126 | + | (26) "Criminal history report" means [the Federal Bureau of 90 | |
| 127 | + | Investigation's Identity History Summary] the fingerprint-based state 91 | |
| 128 | + | and national criminal history record information obtained in accordance 92 | |
| 129 | + | with section 29-17a; 93 | |
| 130 | + | (27) "Drug Enforcement Administration" or "DEA" means the United 94 | |
| 131 | + | States Drug Enforcement Administration; 95 | |
| 132 | + | (28) "Farm service agency" or "FSA" means an agency of the United 96 | |
| 133 | + | States Department of Agriculture; 97 | |
| 134 | + | (29) "Key participant" means a sole proprietor, a partner in 98 | |
| 135 | + | partnership or a person with executive managerial control in an entity, 99 | |
| 136 | + | including persons such as a chief executive officer, chief operating 100 Substitute Bill No. 6500 | |
| 152 | 137 | ||
| 153 | - | uniform quality and content throughout such mixture. | |
| 154 | - | (b) The Commissioner of Agriculture shall establish and operate an | |
| 155 | - | agricultural pilot program, as defined in 7 USC 5940, as amended from | |
| 156 | - | time to time, for hemp research to enable the department, and its | |
| 157 | - | licensees, to study methods of producing and marketing hemp. All | |
| 158 | - | producer licensees licensed pursuant to this section shall be participants | |
| 159 | - | in the state agricultural pilot program for hemp research. Until such | |
| 160 | - | time as said commissioner adopts regulations, in accordance with the | |
| 161 | - | provisions of chapter 54, the Department of Agriculture shall utilize | |
| 162 | - | procedures and guidance policies that the commissioner deems to be | |
| 163 | - | consistent with the provisions of 7 USC 5940, as amended from time to | |
| 164 | - | time, provided such procedures and guidance policies shall, at a | |
| 165 | - | minimum, require: (1) The commissioner to certify and register any site | |
| 166 | - | used to grow hemp, (2) any person who produces hemp to produce | |
| 167 | - | plants that meet the definition of hemp and verify such, (3) the | |
| 168 | - | maintenance of records by any person who grows hemp and the | |
| 169 | - | availability of inspection of such records by the commissioner, and (4) | |
| 170 | - | verification of compliance with the definition of hemp by a laboratory, | |
| 171 | - | at the expense of any licensee. The provisions of this section shall take | |
| 172 | - | precedence over any such procedure or guidance policy. Participants in | |
| 173 | - | the state agricultural pilot program for hemp research shall be licensed | |
| 174 | - | in accordance with the provisions of this section. Such pilot program | |
| 175 | - | shall operate until the earlier of the date of a fully approved state plan | |
| 176 | - | under the federal act, as described in this section, or the date of repeal | |
| 177 | - | of the federal law permitting the state's agricultural pilot program for | |
| 178 | - | hemp research. | |
| 179 | - | (c) (1) The commissioner shall prepare a state plan in accordance with | |
| 180 | - | the federal act and 7 CFR 990.3, for approval by the Governor, in | |
| 181 | - | consultation with the office of the Chief State's Attorney and the | |
| 182 | - | Attorney General. The state plan, once approved by the Governor and | |
| 183 | - | the Attorney General, shall be submitted by the commissioner to the Substitute House Bill No. 6500 | |
| 184 | 138 | ||
| 185 | - | Public Act No. 21-89 7 of 18 | |
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| 140 | + | R01-HB.docx } | |
| 141 | + | 5 of 17 | |
| 186 | 142 | ||
| 187 | - | United States Secretary of Agriculture for his or her approval. The | |
| 188 | - | commissioner shall have the authority to amend the state plan, in | |
| 189 | - | consultation with the Governor, the Attorney General and the office of | |
| 190 | - | the Chief State's Attorney, as necessary to comply with the federal act. | |
| 191 | - | (2) The commissioner shall operate the state plan, which shall | |
| 192 | - | include, at a minimum, the following requirements: | |
| 193 | - | (A) The sampling of hemp shall comply, at a minimum, with 7 CFR | |
| 194 | - | [990.3(a)(2)] 990.3 and be performed by [the commissioner, the | |
| 195 | - | commissioner's designated agents, or] an authorized sampling agent; | |
| 196 | - | (B) The testing of hemp shall comply, at a minimum, with 7 CFR | |
| 197 | - | [990.3(a)(3)] 990.3; | |
| 198 | - | (C) The control, remediation and disposal of noncompliant cannabis | |
| 199 | - | plants shall comply with 7 CFR 990.27 and 7 CFR 990.3; | |
| 200 | - | (D) The department shall comply with all recordkeeping and | |
| 201 | - | reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR | |
| 202 | - | 990.71, inclusive; | |
| 203 | - | (E) The department shall comply with enforcement procedures in 7 | |
| 204 | - | CFR 990.6; | |
| 205 | - | (F) The department shall conduct annual inspections of, at a | |
| 206 | - | minimum, a random sample of producers to verify that hemp is not | |
| 207 | - | produced in violation of the federal act, the state plan and the provisions | |
| 208 | - | of this section, and shall enforce any violation as provided for in the | |
| 209 | - | federal act and as defined in 7 CFR 990.6; | |
| 210 | - | (G) Producers shall report their required license, lot and hemp crop | |
| 211 | - | acreage information to FSA, in accordance with the requirements in 7 | |
| 212 | - | CFR 990.7; and | |
| 213 | - | (H) Producers shall report to the commissioner the total acreage of Substitute House Bill No. 6500 | |
| 143 | + | officer and chief financial officer; 101 | |
| 144 | + | (30) "Manufacturer hemp product" means a commodity 102 | |
| 145 | + | manufactured from the hemp plant, for commercial or research 103 | |
| 146 | + | purposes, that is intended for human ingestion, inhalation, absorption 104 | |
| 147 | + | or other internal consumption, that contains a THC concentration of not 105 | |
| 148 | + | more than 0.3 per cent on a dry weight basis or per volume or weight of 106 | |
| 149 | + | such manufacturer hemp product; 107 | |
| 150 | + | (31) "Producer" means an individual or entity licensed by the 108 | |
| 151 | + | commissioner to produce and market producer hemp products 109 | |
| 152 | + | pursuant to the federal act, the state plan, the provisions of this section 110 | |
| 153 | + | and the regulations adopted pursuant to this section; 111 | |
| 154 | + | (32) "Producer hemp product" means any of the following produced 112 | |
| 155 | + | in this state: Raw hemp product, fiber-based hemp product or animal 113 | |
| 156 | + | hemp food product, and each of which contains a THC concentration of 114 | |
| 157 | + | not more than 0.3 per cent on a dry weight basis or per volume or weight 115 | |
| 158 | + | of such producer hemp product; 116 | |
| 159 | + | (33) "USDA" means the United States Department of Agriculture; 117 | |
| 160 | + | (34) "Entity" means a corporation, joint stock company, association, 118 | |
| 161 | + | limited partnership, limited liability partnership, limited liability 119 | |
| 162 | + | company, irrevocable trust, estate, charitable organization or other 120 | |
| 163 | + | similar organization, including any such organization participating in 121 | |
| 164 | + | the hemp production as a partner in a general partnership, a participant 122 | |
| 165 | + | in a joint venture or a participant in a similar organization; and 123 | |
| 166 | + | (35) "Homogenize" means to blend hemp into a mixture that has a 124 | |
| 167 | + | uniform quality and content throughout such mixture. 125 | |
| 168 | + | (b) The Commissioner of Agriculture shall establish and operate an 126 | |
| 169 | + | agricultural pilot program, as defined in 7 USC 5940, as amended from 127 | |
| 170 | + | time to time, for hemp research to enable the department, and its 128 | |
| 171 | + | licensees, to study methods of producing and marketing hemp. All 129 | |
| 172 | + | producer licensees licensed pursuant to this section shall be participants 130 Substitute Bill No. 6500 | |
| 214 | 173 | ||
| 215 | - | Public Act No. 21-89 8 of 18 | |
| 216 | 174 | ||
| 217 | - | hemp planted, harvested and, if applicable, disposed of or remediated, | |
| 218 | - | and such other information as the commissioner may require. | |
| 219 | - | (3) All sampling and testing of hemp shall be done using protocols | |
| 220 | - | that are at least as statistically valid as the USDA's published protocols | |
| 221 | - | for sampling and testing of hemp, which protocols shall be posted on | |
| 222 | - | the department's Internet web site. During a scheduled sample | |
| 223 | - | collection, the producer, or an authorized representative of the | |
| 224 | - | producer, shall be present at the lot. A producer shall not harvest the | |
| 225 | - | cannabis crop prior to the taking of samples. Samples of hemp plant | |
| 226 | - | material from one lot shall not be commingled with hemp plant material | |
| 227 | - | from other lots. Lots tested and not certified by a laboratory at or below | |
| 228 | - | the acceptable hemp THC level shall be handled, remediated and | |
| 229 | - | disposed of in accordance with the federal act, the provisions of this | |
| 230 | - | section and the state plan, as applicable. | |
| 231 | - | (4) The commissioner shall collect, maintain and provide to the | |
| 232 | - | USDA, on a timely basis, and not less than once per month, license status | |
| 233 | - | of each hemp producer, contact information for each hemp producer | |
| 234 | - | licensed in the state, including lot legal descriptions and locations, and | |
| 235 | - | any changes to such information. The commissioner shall also report to | |
| 236 | - | the USDA, on a timely basis, and not less than once per month, all | |
| 237 | - | required hemp test results and disposal information for all | |
| 238 | - | nonconforming hemp plants and plant material. Such information shall | |
| 239 | - | not include state and federal fingerprint-based records pursuant to | |
| 240 | - | section 29-17a. | |
| 241 | - | (d) The commissioner shall have the authority to enforce the federal | |
| 242 | - | act, as amended from time to time, the state plan, this section and any | |
| 243 | - | regulations adopted in accordance with the federal act and chapter 54 | |
| 244 | - | for hemp production in the state. The commissioner shall have the | |
| 245 | - | authority to enforce the applicable standards for producer hemp | |
| 246 | - | products. The commissioner may consult, collaborate and enter into | |
| 247 | - | cooperative agreements with any federal or state agency, municipality Substitute House Bill No. 6500 | |
| 175 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06500- | |
| 176 | + | R01-HB.docx } | |
| 177 | + | 6 of 17 | |
| 248 | 178 | ||
| 249 | - | Public Act No. 21-89 9 of 18 | |
| 179 | + | in the state agricultural pilot program for hemp research. Until such 131 | |
| 180 | + | time as said commissioner adopts regulations, in accordance with the 132 | |
| 181 | + | provisions of chapter 54, the Department of Agriculture shall utilize 133 | |
| 182 | + | procedures and guidance policies that the commissioner deems to be 134 | |
| 183 | + | consistent with the provisions of 7 USC 5940, as amended from time to 135 | |
| 184 | + | time, provided such procedures and guidance policies shall, at a 136 | |
| 185 | + | minimum, require: (1) The commissioner to certify and register any site 137 | |
| 186 | + | used to grow hemp, (2) any person who produces hemp to produce 138 | |
| 187 | + | plants that meet the definition of hemp and verify such, (3) the 139 | |
| 188 | + | maintenance of records by any person who grows hemp and the 140 | |
| 189 | + | availability of inspection of such records by the commissioner, and (4) 141 | |
| 190 | + | verification of compliance with the definition of hemp by a laboratory, 142 | |
| 191 | + | at the expense of any licensee. The provisions of this section shall take 143 | |
| 192 | + | precedence over any such procedure or guidance policy. Participants in 144 | |
| 193 | + | the state agricultural pilot program for hemp research shall be licensed 145 | |
| 194 | + | in accordance with the provisions of this section. Such pilot program 146 | |
| 195 | + | shall operate until the earlier of the date of a fully approved state plan 147 | |
| 196 | + | under the federal act, as described in this section, or the date of repeal 148 | |
| 197 | + | of the federal law permitting the state's agricultural pilot program for 149 | |
| 198 | + | hemp research. 150 | |
| 199 | + | (c) (1) The commissioner shall prepare a state plan in accordance with 151 | |
| 200 | + | the federal act and 7 CFR 990.3, for approval by the Governor, in 152 | |
| 201 | + | consultation with the office of the Chief State's Attorney and the 153 | |
| 202 | + | Attorney General. The state plan, once approved by the Governor and 154 | |
| 203 | + | the Attorney General, shall be submitted by the commissioner to the 155 | |
| 204 | + | United States Secretary of Agriculture for his or her approval. The 156 | |
| 205 | + | commissioner shall have the authority to amend the state plan, in 157 | |
| 206 | + | consultation with the Governor, the Attorney General and the office of 158 | |
| 207 | + | the Chief State's Attorney, as necessary to comply with the federal act. 159 | |
| 208 | + | (2) The commissioner shall operate the state plan, which shall 160 | |
| 209 | + | include, at a minimum, the following requirements: 161 | |
| 210 | + | (A) The sampling of hemp shall comply, at a minimum, with 7 CFR 162 | |
| 211 | + | [990.3(a)(2)] 990.3 and be performed by [the commissioner, the 163 Substitute Bill No. 6500 | |
| 250 | 212 | ||
| 251 | - | or political subdivision of the state concerning application of the | |
| 252 | - | provisions of the federal act and the regulations adopted pursuant to the | |
| 253 | - | federal act, as may be necessary to carry out the provisions of this | |
| 254 | - | section. | |
| 255 | - | (e) Any person who produces hemp shall: (1) Be licensed by the | |
| 256 | - | commissioner; (2) comply with the federal act, the state plan, the | |
| 257 | - | provisions of this section and any regulation adopted pursuant to this | |
| 258 | - | section; and (3) transport hemp and hemp samples in a manner and with | |
| 259 | - | such documentation as required by the commissioner. | |
| 260 | - | (f) Any person who sells hemp products shall not be required to be | |
| 261 | - | licensed provided such person only engages in: (1) The retail or | |
| 262 | - | wholesale sale of hemp or hemp products in which no further | |
| 263 | - | producing or manufacturing of the hemp products occurs and the hemp | |
| 264 | - | products are acquired from a person authorized under the laws of this | |
| 265 | - | state or another state, territory or possession of the United States or | |
| 266 | - | another sovereign entity to possess and sell such hemp products; (2) the | |
| 267 | - | acquisition of hemp or hemp products for the sole purpose of product | |
| 268 | - | distribution for resale; or (3) the retail sale of hemp products that are | |
| 269 | - | otherwise authorized under federal or state law. | |
| 270 | - | (g) Any applicant for a license pursuant to this section shall meet each | |
| 271 | - | of the following requirements, as applicable: | |
| 272 | - | (1) Each applicant, whether an individual or an entity, shall submit | |
| 273 | - | an application for a license that consists, at a minimum, of the following: | |
| 274 | - | (A) The name, telephone number, electronic mail address, business | |
| 275 | - | address and address of any individual who is the applicant, the full | |
| 276 | - | name of any entity that is the applicant, including any applicable | |
| 277 | - | principal business location and the full name, title and electronic mail | |
| 278 | - | address of each key participant; (B) the name and address of each lot for | |
| 279 | - | the hemp cultivation or producing location; (C) the geospatial location | |
| 280 | - | of each lot by means of global positioning system coordinates and legal Substitute House Bill No. 6500 | |
| 281 | 213 | ||
| 282 | - | Public Act No. 21-89 10 of 18 | |
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| 215 | + | R01-HB.docx } | |
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| 283 | 217 | ||
| 284 | - | description of each lot used for the hemp cultivation; (D) the acreage | |
| 285 | - | size of each lot where the hemp will be cultivated; (E) written consent | |
| 286 | - | allowing the commissioner to conduct both scheduled and random | |
| 287 | - | inspections of and around the premises on which the hemp is to be | |
| 288 | - | cultivated, harvested, stored and produced; (F) the applicant's employer | |
| 289 | - | identification number or the applicant's Social Security number if an | |
| 290 | - | employer identification number is not available; and [(F)] (G) any other | |
| 291 | - | information as may be required by the commissioner; | |
| 292 | - | (2) Each individual who is an applicant and each key participant of | |
| 293 | - | any entity applying for a producer license, or renewal thereof, shall | |
| 294 | - | submit to state and national fingerprint-based criminal history records | |
| 295 | - | checks conducted in accordance with section 29-17a, at his or her own | |
| 296 | - | expense; [. For the period commencing on the effective date of this | |
| 297 | - | section and ending on December 31, 2021, the results of any such | |
| 298 | - | criminal history records checks shall be provided by such applicants | |
| 299 | - | and key participants to the commissioner for review;] | |
| 300 | - | (3) No individual, including any key participant of any entity, who | |
| 301 | - | has been convicted of any state or federal felony, [as prescribed in the | |
| 302 | - | federal act] related to a controlled substance, shall be eligible to obtain | |
| 303 | - | or hold a producer license for ten years from the date of the conviction, | |
| 304 | - | provided such restriction shall not apply to any individual who lawfully | |
| 305 | - | grew hemp with a license, registration or authorization under any state | |
| 306 | - | pilot program authorized by section 7606 of the Agricultural Act of 2014 | |
| 307 | - | before December 20, 2018. Any individual or entity that materially | |
| 308 | - | falsifies any information in an application pursuant to this section shall | |
| 309 | - | be ineligible to obtain a producer license; and | |
| 310 | - | (4) Each individual or entity who is required by this section to obtain | |
| 311 | - | a producer license shall pay for all costs of sampling, testing, retesting | |
| 312 | - | and resampling any samples at a laboratory for the purpose of | |
| 313 | - | determining the THC concentration level of any cannabis under their | |
| 314 | - | control, or in their possession. Each individual or entity who is required Substitute House Bill No. 6500 | |
| 218 | + | commissioner's designated agents, or] an authorized sampling agent; 164 | |
| 219 | + | (B) The testing of hemp shall comply, at a minimum, with 7 CFR 165 | |
| 220 | + | [990.3(a)(3)] 990.3; 166 | |
| 221 | + | (C) The control, remediation and disposal of noncompliant cannabis 167 | |
| 222 | + | plants shall comply with 7 CFR 990.27 and 7 CFR 990.3; 168 | |
| 223 | + | (D) The department shall comply with all recordkeeping and 169 | |
| 224 | + | reporting requirements in the federal act, and 7 CFR 990.1 to 7 CFR 170 | |
| 225 | + | 990.71, inclusive; 171 | |
| 226 | + | (E) The department shall comply with enforcement procedures in 7 172 | |
| 227 | + | CFR 990.6; 173 | |
| 228 | + | (F) The department shall conduct annual inspections of, at a 174 | |
| 229 | + | minimum, a random sample of producers to verify that hemp is not 175 | |
| 230 | + | produced in violation of the federal act, the state plan and the provisions 176 | |
| 231 | + | of this section, and shall enforce any violation as provided for in the 177 | |
| 232 | + | federal act and as defined in 7 CFR 990.6; 178 | |
| 233 | + | (G) Producers shall report their required license, lot and hemp crop 179 | |
| 234 | + | acreage information to FSA, in accordance with the requirements in 7 180 | |
| 235 | + | CFR 990.7; and 181 | |
| 236 | + | (H) Producers shall report to the commissioner the total acreage of 182 | |
| 237 | + | hemp planted, harvested and, if applicable, disposed of or remediated, 183 | |
| 238 | + | and such other information as the commissioner may require. 184 | |
| 239 | + | (3) All sampling and testing of hemp shall be done using protocols 185 | |
| 240 | + | that are at least as statistically valid as the USDA's published protocols 186 | |
| 241 | + | for sampling and testing of hemp, which protocols shall be posted on 187 | |
| 242 | + | the department's Internet web site. During a scheduled sample 188 | |
| 243 | + | collection, the producer, or an authorized representative of the 189 | |
| 244 | + | producer, shall be present at the lot. A producer shall not harvest the 190 | |
| 245 | + | cannabis crop prior to the taking of samples. Samples of hemp plant 191 | |
| 246 | + | material from one lot shall not be commingled with hemp plant material 192 Substitute Bill No. 6500 | |
| 315 | 247 | ||
| 316 | - | Public Act No. 21-89 11 of 18 | |
| 317 | 248 | ||
| 318 | - | by this section to obtain a producer license shall pay for all costs of | |
| 319 | - | disposal of all noncompliant cannabis plants under their control, or in | |
| 320 | - | their possession. | |
| 321 | - | (h) Any producer license issued by the commissioner shall expire on | |
| 322 | - | the third following December thirty-first and may be renewed during | |
| 323 | - | the preceding month of October. Such licenses shall not be transferable. | |
| 324 | - | (i) The following fees shall apply for each producer license and | |
| 325 | - | inspection: | |
| 326 | - | (1) A nonrefundable license application fee of fifty dollars, provided | |
| 327 | - | any constituent unit of higher education, state agency or department | |
| 328 | - | shall be exempt from such application fee if such production is for | |
| 329 | - | research purposes; | |
| 330 | - | (2) A nonrefundable triennial producer license fee of four hundred | |
| 331 | - | fifty dollars for up to one acre of planned hemp plantings and thirty | |
| 332 | - | dollars per each additional acre of planned hemp plantings rounded to | |
| 333 | - | the nearest acre, except no license fee charged shall exceed three | |
| 334 | - | thousand dollars, provided any constituent unit of higher education, | |
| 335 | - | state agency or department shall be exempt from such license fee if such | |
| 336 | - | production is for research purposes; and | |
| 337 | - | (3) In the event that resampling by the commissioner is required due | |
| 338 | - | to a test result that shows a violation of any provision of this section or | |
| 339 | - | any regulation adopted pursuant to this section, the licensee shall pay | |
| 340 | - | an inspection fee of fifty dollars. Such fee shall be paid prior to the | |
| 341 | - | inspection and collection of the sample to be used for resampling. | |
| 342 | - | (j) After receipt and review of an application for producer licensure, | |
| 343 | - | the commissioner may grant a triennial license upon a finding that the | |
| 344 | - | applicant meets the applicable requirements. Each producer licensee | |
| 345 | - | shall notify the commissioner of any changes to their application | |
| 346 | - | information, not later than fifteen days after such change. While the Substitute House Bill No. 6500 | |
| 249 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06500- | |
| 250 | + | R01-HB.docx } | |
| 251 | + | 8 of 17 | |
| 347 | 252 | ||
| 348 | - | Public Act No. 21-89 12 of 18 | |
| 253 | + | from other lots. Lots tested and not certified by a laboratory at or below 193 | |
| 254 | + | the acceptable hemp THC level shall be handled, remediated and 194 | |
| 255 | + | disposed of in accordance with the federal act, the provisions of this 195 | |
| 256 | + | section and the state plan, as applicable. 196 | |
| 257 | + | (4) The commissioner shall collect, maintain and provide to the 197 | |
| 258 | + | USDA, on a timely basis, and not less than once per month, license status 198 | |
| 259 | + | of each hemp producer, contact information for each hemp producer 199 | |
| 260 | + | licensed in the state, including lot legal descriptions and locations, and 200 | |
| 261 | + | any changes to such information. The commissioner shall also report to 201 | |
| 262 | + | the USDA, on a timely basis, and not less than once per month, all 202 | |
| 263 | + | required hemp test results and disposal information for all 203 | |
| 264 | + | nonconforming hemp plants and plant material. Such information shall 204 | |
| 265 | + | not include state and federal fingerprint-based records pursuant to 205 | |
| 266 | + | section 29-17a. 206 | |
| 267 | + | (d) The commissioner shall have the authority to enforce the federal 207 | |
| 268 | + | act, as amended from time to time, the state plan, this section and any 208 | |
| 269 | + | regulations adopted in accordance with the federal act and chapter 54 209 | |
| 270 | + | for hemp production in the state. The commissioner shall have the 210 | |
| 271 | + | authority to enforce the applicable standards for producer hemp 211 | |
| 272 | + | products. The commissioner may consult, collaborate and enter into 212 | |
| 273 | + | cooperative agreements with any federal or state agency, municipality 213 | |
| 274 | + | or political subdivision of the state concerning application of the 214 | |
| 275 | + | provisions of the federal act and the regulations adopted pursuant to the 215 | |
| 276 | + | federal act, as may be necessary to carry out the provisions of this 216 | |
| 277 | + | section. 217 | |
| 278 | + | (e) Any person who produces hemp shall: (1) Be licensed by the 218 | |
| 279 | + | commissioner; (2) comply with the federal act, the state plan, the 219 | |
| 280 | + | provisions of this section and any regulation adopted pursuant to this 220 | |
| 281 | + | section; and (3) transport hemp and hemp samples in a manner and with 221 | |
| 282 | + | such documentation as required by the commissioner. 222 | |
| 283 | + | (f) Any person who sells hemp products shall not be required to be 223 | |
| 284 | + | licensed provided such person only engages in: (1) The retail or 224 Substitute Bill No. 6500 | |
| 349 | 285 | ||
| 350 | - | pilot program is in effect, the commissioner may grant a conditional | |
| 351 | - | approval of a producer license, pending receipt of the criminal history | |
| 352 | - | records check required by this section. The commissioner shall assign | |
| 353 | - | each producer with a license or authorization identifier in a format | |
| 354 | - | consistent with 7 CFR [990.3(a)(9)] 990.3. | |
| 355 | - | (k) Whenever an inspection or investigation conducted by the | |
| 356 | - | commissioner pursuant to this title reveals any violation of the state | |
| 357 | - | plan, this section or any regulation adopted thereunder, the producer | |
| 358 | - | license applicant or respondent, as applicable, shall be notified, in | |
| 359 | - | writing, of such violation and any corrective action to be taken and the | |
| 360 | - | time period within which such corrective action shall be taken. Any such | |
| 361 | - | producer license applicant or respondent may request a hearing, | |
| 362 | - | conducted in accordance with chapter 54, on any such notification. Any | |
| 363 | - | notification issued pursuant to this section shall be made by certified | |
| 364 | - | mail, return receipt requested to the producer license applicant or | |
| 365 | - | respondent's last known address, by in-hand service by the | |
| 366 | - | commissioner or designated agent of the commissioner, electronic mail | |
| 367 | - | service with the consent of the recipient, or by service in accordance | |
| 368 | - | with chapter 896. The commissioner shall report all producer violations | |
| 369 | - | made with a culpable mental state greater than negligence to the United | |
| 370 | - | States Attorney General and the State's Attorney for the judicial district | |
| 371 | - | in which the producer violation occurred. | |
| 372 | - | (l) Nothing in this section shall be construed to limit the | |
| 373 | - | commissioner's authority to issue a cease and desist order pursuant to | |
| 374 | - | section 22-4d, or an emergency order, in order to respond to a condition | |
| 375 | - | that may present a public health hazard, or issue orders necessary to | |
| 376 | - | effectuate the purposes of this section, including, but not limited to, | |
| 377 | - | orders for the embargo, partial destruction, destruction and release of | |
| 378 | - | hemp or hemp products. Any cease and desist order or an emergency | |
| 379 | - | order shall become effective upon service of such order by the | |
| 380 | - | commissioner. Following service of any such order, subsequent Substitute House Bill No. 6500 | |
| 381 | 286 | ||
| 382 | - | Public Act No. 21-89 13 of 18 | |
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| 288 | + | R01-HB.docx } | |
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| 383 | 290 | ||
| 384 | - | proceedings shall proceed in accordance with the provisions of section | |
| 385 | - | 22-4d and the rules of practice for such agency. Any embargo, partial | |
| 386 | - | destruction, destruction or release order issued pursuant to this section | |
| 387 | - | shall be served by certified mail, return receipt requested to the | |
| 388 | - | respondent's last known address, by in-hand service by the | |
| 389 | - | commissioner or designated agent of the commissioner, or by service in | |
| 390 | - | accordance with chapter 896. | |
| 391 | - | (m) Following a hearing conducted in accordance with chapter 54, | |
| 392 | - | the commissioner may impose an administrative civil penalty, not to | |
| 393 | - | exceed two thousand five hundred dollars per violation, and suspend, | |
| 394 | - | revoke or place conditions upon any producer licensee who violates the | |
| 395 | - | provisions of this section or any regulation adopted pursuant to this | |
| 396 | - | section. | |
| 397 | - | (n) (1) Any individual who produces hemp in this state without | |
| 398 | - | obtaining a license pursuant to this section, or who produces hemp in | |
| 399 | - | this state after having a license suspended or revoked shall have | |
| 400 | - | committed an infraction. | |
| 401 | - | (2) Any entity that produces hemp in this state without obtaining a | |
| 402 | - | license pursuant to this section, produces hemp in violation of this | |
| 403 | - | section or produces hemp in this state after having a license suspended | |
| 404 | - | or revoked may be fined not more than two thousand five hundred | |
| 405 | - | dollars per violation, after a hearing conducted in accordance with | |
| 406 | - | chapter 54. | |
| 407 | - | (o) (1) Any negligent violation, as described in the federal act, of this | |
| 408 | - | section or the state plan shall be subject to enforcement in accordance | |
| 409 | - | with the federal act, and the state plan for negligent violations. | |
| 410 | - | (2) For any negligent violation, a producer shall be required to correct | |
| 411 | - | such negligent violation, by means of a corrective action plan approved | |
| 412 | - | by the commissioner. Each corrective action plan shall include, at a Substitute House Bill No. 6500 | |
| 291 | + | wholesale sale of hemp or hemp products in which no further 225 | |
| 292 | + | producing or manufacturing of the hemp products occurs and the hemp 226 | |
| 293 | + | products are acquired from a person authorized under the laws of this 227 | |
| 294 | + | state or another state, territory or possession of the United States or 228 | |
| 295 | + | another sovereign entity to possess and sell such hemp products; (2) the 229 | |
| 296 | + | acquisition of hemp or hemp products for the sole purpose of product 230 | |
| 297 | + | distribution for resale; or (3) the retail sale of hemp products that are 231 | |
| 298 | + | otherwise authorized under federal or state law. 232 | |
| 299 | + | (g) Any applicant for a license pursuant to this section shall meet each 233 | |
| 300 | + | of the following requirements, as applicable: 234 | |
| 301 | + | (1) Each applicant, whether an individual or an entity, shall submit 235 | |
| 302 | + | an application for a license that consists, at a minimum, of the following: 236 | |
| 303 | + | (A) The name, telephone number, electronic mail address, business 237 | |
| 304 | + | address and address of any individual who is the applicant, the full 238 | |
| 305 | + | name of any entity that is the applicant, including any applicable 239 | |
| 306 | + | principal business location and the full name, title and electronic mail 240 | |
| 307 | + | address of each key participant; (B) the name and address of each lot for 241 | |
| 308 | + | the hemp cultivation or producing location; (C) the geospatial location 242 | |
| 309 | + | of each lot by means of global positioning system coordinates and legal 243 | |
| 310 | + | description of each lot used for the hemp cultivation; (D) the acreage 244 | |
| 311 | + | size of each lot where the hemp will be cultivated; (E) written consent 245 | |
| 312 | + | allowing the commissioner to conduct both scheduled and random 246 | |
| 313 | + | inspections of and around the premises on which the hemp is to be 247 | |
| 314 | + | cultivated, harvested, stored and produced; (F) the applicant's employer 248 | |
| 315 | + | identification number or the applicant's Social Security number if an 249 | |
| 316 | + | employer identification number is not available; and [(F)] (G) any other 250 | |
| 317 | + | information as may be required by the commissioner; 251 | |
| 318 | + | (2) Each individual who is an applicant and each key participant of 252 | |
| 319 | + | any entity applying for a producer license, or renewal thereof, shall 253 | |
| 320 | + | submit to state and national fingerprint-based criminal history records 254 | |
| 321 | + | checks conducted in accordance with section 29-17a, at his or her own 255 | |
| 322 | + | expense; [. For the period commencing on the effective date of this 256 | |
| 323 | + | section and ending on December 31, 2021, the results of any such 257 Substitute Bill No. 6500 | |
| 413 | 324 | ||
| 414 | - | Public Act No. 21-89 14 of 18 | |
| 415 | 325 | ||
| 416 | - | minimum, a reasonable completion deadline for correction of the | |
| 417 | - | negligent violation, periodic reporting to the commissioner for at least | |
| 418 | - | two years and compliance with the state plan. | |
| 419 | - | (3) Any producer that negligently violates the state plan shall not, as | |
| 420 | - | a result of such negligent violation, be referred by the commissioner for | |
| 421 | - | any criminal enforcement action by the federal, state or local | |
| 422 | - | government. | |
| 423 | - | (4) Any producer that negligently violates the state plan three times | |
| 424 | - | during any five-year period shall be ineligible to produce hemp for a | |
| 425 | - | period of five years beginning on the date of the third violation. | |
| 426 | - | (5) The commissioner shall conduct an inspection to determine if the | |
| 427 | - | corrective action plan for a producer who commits any such negligent | |
| 428 | - | violation was properly implemented. | |
| 429 | - | (p) Any person aggrieved by an order issued pursuant to this section | |
| 430 | - | may appeal to the commissioner in accordance with the provisions of | |
| 431 | - | chapter 54. Such appeal shall be made in writing to the commissioner | |
| 432 | - | and received not later than fifteen days after the date of the order. If no | |
| 433 | - | appeal is made pursuant to this subsection the order shall be final. | |
| 434 | - | (q) (1) All documents submitted under this section shall be subject to | |
| 435 | - | disclosure in accordance with chapter 14, except: (A) Information | |
| 436 | - | depicting or describing (i) the test results of any producer, (ii) the | |
| 437 | - | location of any hemp growing, harvesting, processing or storage | |
| 438 | - | location, or (iii) hemp producer location security schematics; and (B) the | |
| 439 | - | results of any criminal history records check. | |
| 440 | - | (2) Notwithstanding the provisions of subdivision (1) of this | |
| 441 | - | subsection, all documents and records submitted or maintained | |
| 442 | - | pursuant to this section shall be disclosed to any law enforcement | |
| 443 | - | agency upon request of such law enforcement agency. Substitute House Bill No. 6500 | |
| 326 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06500- | |
| 327 | + | R01-HB.docx } | |
| 328 | + | 10 of 17 | |
| 444 | 329 | ||
| 445 | - | Public Act No. 21-89 15 of 18 | |
| 330 | + | criminal history records checks shall be provided by such applicants 258 | |
| 331 | + | and key participants to the commissioner for review;] 259 | |
| 332 | + | (3) No individual, including any key participant of any entity, who 260 | |
| 333 | + | has been convicted of any state or federal felony, [as prescribed in the 261 | |
| 334 | + | federal act] related to a controlled substance, shall be eligible to obtain 262 | |
| 335 | + | or hold a producer license for ten years from the date of the conviction, 263 | |
| 336 | + | provided such restriction shall not apply to any individual who lawfully 264 | |
| 337 | + | grew hemp with a license, registration or authorization under any state 265 | |
| 338 | + | pilot program authorized by section 7606 of the Agricultural Act of 2014 266 | |
| 339 | + | before December 20, 2018. Any individual or entity that materially 267 | |
| 340 | + | falsifies any information in an application pursuant to this section shall 268 | |
| 341 | + | be ineligible to obtain a producer license; and 269 | |
| 342 | + | (4) Each individual or entity who is required by this section to obtain 270 | |
| 343 | + | a producer license shall pay for all costs of sampling, testing, retesting 271 | |
| 344 | + | and resampling any samples at a laboratory for the purpose of 272 | |
| 345 | + | determining the THC concentration level of any cannabis under their 273 | |
| 346 | + | control, or in their possession. Each individual or entity who is required 274 | |
| 347 | + | by this section to obtain a producer license shall pay for all costs of 275 | |
| 348 | + | disposal of all noncompliant cannabis plants under their control, or in 276 | |
| 349 | + | their possession. 277 | |
| 350 | + | (h) Any producer license issued by the commissioner shall expire on 278 | |
| 351 | + | the third following December thirty-first and may be renewed during 279 | |
| 352 | + | the preceding month of October. Such licenses shall not be transferable. 280 | |
| 353 | + | (i) The following fees shall apply for each producer license and 281 | |
| 354 | + | inspection: 282 | |
| 355 | + | (1) A nonrefundable license application fee of fifty dollars, provided 283 | |
| 356 | + | any constituent unit of higher education, state agency or department 284 | |
| 357 | + | shall be exempt from such application fee if such production is for 285 | |
| 358 | + | research purposes; 286 | |
| 359 | + | (2) A nonrefundable triennial producer license fee of four hundred 287 | |
| 360 | + | fifty dollars for up to one acre of planned hemp plantings and thirty 288 Substitute Bill No. 6500 | |
| 446 | 361 | ||
| 447 | - | (r) The commissioner may inspect and shall have access to the | |
| 448 | - | buildings, equipment, supplies, vehicles, records, real property and | |
| 449 | - | other information that the commissioner deems necessary to carry out | |
| 450 | - | the commissioner's duties pursuant to this section from any person | |
| 451 | - | participating in producing, handling, storing marketing or researching | |
| 452 | - | hemp. | |
| 453 | - | (s) Nothing in this section shall be construed to apply to any licensee | |
| 454 | - | of palliative marijuana authorized pursuant to chapter 420f. | |
| 455 | - | (t) All licensees pursuant to this section shall maintain records | |
| 456 | - | required by the federal act, the state plan, this section and any regulation | |
| 457 | - | adopted pursuant to this section. Each licensee shall make such records | |
| 458 | - | available to the department immediately upon request of the | |
| 459 | - | commissioner and in electronic format, if available. | |
| 460 | - | (u) The commissioner may adopt regulations, in accordance with the | |
| 461 | - | provisions of chapter 54, to implement the provisions of this section | |
| 462 | - | including, but not limited to, the labeling of producer hemp products. | |
| 463 | - | (v) Notwithstanding any provision of the general statutes: (1) | |
| 464 | - | Marijuana does not include hemp or hemp products; (2) THC that does | |
| 465 | - | not exceed 0.3 per cent by dry weight and that is found in hemp shall | |
| 466 | - | not be considered to be THC that constitutes a controlled substance; (3) | |
| 467 | - | hemp-derived cannabidiols, including CBD, shall not constitute | |
| 468 | - | controlled substances or adulterants solely on the basis of containing | |
| 469 | - | CBD; and (4) hemp products that contain one or more hemp-derived | |
| 470 | - | cannabidiols, such as CBD, intended for ingestion shall be considered | |
| 471 | - | foods, not controlled substances or adulterated products solely on the | |
| 472 | - | basis of the containing hemp-derived cannabidiols. | |
| 473 | - | (w) Whenever the commissioner believes or has reasonable cause to | |
| 474 | - | believe that the actions of a licensee or any employee of a producer | |
| 475 | - | licensee are in violation of the federal act, the state plan, or any state law Substitute House Bill No. 6500 | |
| 476 | 362 | ||
| 477 | - | Public Act No. 21-89 16 of 18 | |
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| 364 | + | R01-HB.docx } | |
| 365 | + | 11 of 17 | |
| 478 | 366 | ||
| 479 | - | concerning the growing, cultivation, handling, transporting or | |
| 480 | - | possession of marijuana, the commissioner shall notify the Department | |
| 481 | - | of Emergency Services and Public Protection and the State Police. | |
| 482 | - | Sec. 2. Subsection (b) of section 51-164n of the general statutes is | |
| 483 | - | repealed and the following is substituted in lieu thereof (Effective from | |
| 484 | - | passage): | |
| 485 | - | (b) Notwithstanding any provision of the general statutes, any person | |
| 486 | - | who is alleged to have committed (1) a violation under the provisions of | |
| 487 | - | section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7- | |
| 488 | - | 393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10- | |
| 489 | - | 251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) | |
| 490 | - | of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12- | |
| 491 | - | 435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, | |
| 492 | - | 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a- | |
| 493 | - | 253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, | |
| 494 | - | 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection | |
| 495 | - | (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section | |
| 496 | - | 14-12, section 14-20a or 14-27a, subsection (f) of section 14-34a, | |
| 497 | - | subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, | |
| 498 | - | subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) | |
| 499 | - | of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, | |
| 500 | - | 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first | |
| 501 | - | violation as specified in subsection (f) of section 14-164i, section 14-219 | |
| 502 | - | as specified in subsection (e) of said section, subdivision (1) of section | |
| 503 | - | 14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14- | |
| 504 | - | 261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or | |
| 505 | - | 14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14- | |
| 506 | - | 296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or | |
| 507 | - | 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15- | |
| 508 | - | 33, subdivision (1) of section 15-97, subsection (a) of section 15-115, | |
| 509 | - | section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section Substitute House Bill No. 6500 | |
| 367 | + | dollars per each additional acre of planned hemp plantings rounded to 289 | |
| 368 | + | the nearest acre, except no license fee charged shall exceed three 290 | |
| 369 | + | thousand dollars, provided any constituent unit of higher education, 291 | |
| 370 | + | state agency or department shall be exempt from such license fee if such 292 | |
| 371 | + | production is for research purposes; and 293 | |
| 372 | + | (3) In the event that resampling by the commissioner is required due 294 | |
| 373 | + | to a test result that shows a violation of any provision of this section or 295 | |
| 374 | + | any regulation adopted pursuant to this section, the licensee shall pay 296 | |
| 375 | + | an inspection fee of fifty dollars. Such fee shall be paid prior to the 297 | |
| 376 | + | inspection and collection of the sample to be used for resampling. 298 | |
| 377 | + | (j) After receipt and review of an application for producer licensure, 299 | |
| 378 | + | the commissioner may grant a triennial license upon a finding that the 300 | |
| 379 | + | applicant meets the applicable requirements. Each producer licensee 301 | |
| 380 | + | shall notify the commissioner of any changes to their application 302 | |
| 381 | + | information, not later than fifteen days after such change. While the 303 | |
| 382 | + | pilot program is in effect, the commissioner may grant a conditional 304 | |
| 383 | + | approval of a producer license, pending receipt of the criminal history 305 | |
| 384 | + | records check required by this section. The commissioner shall assign 306 | |
| 385 | + | each producer with a license or authorization identifier in a format 307 | |
| 386 | + | consistent with 7 CFR [990.3(a)(9)] 990.3. 308 | |
| 387 | + | (k) Whenever an inspection or investigation conducted by the 309 | |
| 388 | + | commissioner pursuant to this title reveals any violation of the state 310 | |
| 389 | + | plan, this section or any regulation adopted thereunder, the producer 311 | |
| 390 | + | license applicant or respondent, as applicable, shall be notified, in 312 | |
| 391 | + | writing, of such violation and any corrective action to be taken and the 313 | |
| 392 | + | time period within which such corrective action shall be taken. Any such 314 | |
| 393 | + | producer license applicant or respondent may request a hearing, 315 | |
| 394 | + | conducted in accordance with chapter 54, on any such notification. Any 316 | |
| 395 | + | notification issued pursuant to this section shall be made by certified 317 | |
| 396 | + | mail, return receipt requested to the producer license applicant or 318 | |
| 397 | + | respondent's last known address, by in-hand service by the 319 | |
| 398 | + | commissioner or designated agent of the commissioner, electronic mail 320 | |
| 399 | + | service with the consent of the recipient, or by service in accordance 321 Substitute Bill No. 6500 | |
| 510 | 400 | ||
| 511 | - | Public Act No. 21-89 17 of 18 | |
| 512 | 401 | ||
| 513 | - | 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b- | |
| 514 | - | 131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section | |
| 515 | - | 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a- | |
| 516 | - | 222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a- | |
| 517 | - | 336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20- | |
| 518 | - | 231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334, 20- | |
| 519 | - | 341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48, | |
| 520 | - | 21-63 or 21-76a, subsection (c) of section 21a-2, subdivision (1) of section | |
| 521 | - | 21a-19, section 21a-21, subdivision (1) of subsection (b) of section 21a- | |
| 522 | - | 25, section 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a- | |
| 523 | - | 46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a- | |
| 524 | - | 85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159, | |
| 525 | - | subsection (a) of section 21a-279a, section 22-12b, 22-13, 22-14, 22-15, 22- | |
| 526 | - | 16, 22-26g, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, | |
| 527 | - | 22-39d, 22-39e, 22-49, [or] 22-54 [,] or 22-61l, as amended by this act, | |
| 528 | - | subsection (d) of section 22-84, section 22-89, 22-90, 22-98, 22-99, 22-100, | |
| 529 | - | 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22- | |
| 530 | - | 342, subsection (b), (e) or (f) of section 22-344, section 22-359, 22-366, 22- | |
| 531 | - | 391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of section | |
| 532 | - | 22a-250, subsection (e) of section 22a-256h, section 22a-363 or 22a-381d, | |
| 533 | - | subsections (c) and (d) of section 22a-381e, section 22a-449, 22a-461, 23- | |
| 534 | - | 38, 23-46 or 23-61b, subsection (a) or subdivision (1) of subsection (c) of | |
| 535 | - | section 23-65, section 25-37 or 25-40, subsection (a) of section 25-43, | |
| 536 | - | section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-42, 26- | |
| 537 | - | 49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) of subsection (d) | |
| 538 | - | of section 26-61, section 26-64, subdivision (1) of section 26-76, section | |
| 539 | - | 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-105, 26-107, 26- | |
| 540 | - | 117, 26-128, 26-131, 26-132, 26-138 or 26-141, subdivision (1) of section | |
| 541 | - | 26-186, section 26-207, 26-215, 26-217 or 26-224a, subdivision (1) of | |
| 542 | - | section 26-226, section 26-227, 26-230, 26-232, 26-244, 26-257a, 26-260, 26- | |
| 543 | - | 276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-6a, 29-25, 29-143o, | |
| 544 | - | 29-143z or 29-156a, subsection (b), (d), (e) or (g) of section 29-161q, | |
| 545 | - | section 29-161y or 29-161z, subdivision (1) of section 29-198, section 29- Substitute House Bill No. 6500 | |
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| 404 | + | 12 of 17 | |
| 546 | 405 | ||
| 547 | - | Public Act No. 21-89 18 of 18 | |
| 406 | + | with chapter 896. The commissioner shall report all producer violations 322 | |
| 407 | + | made with a culpable mental state greater than negligence to the United 323 | |
| 408 | + | States Attorney General and the State's Attorney for the judicial district 324 | |
| 409 | + | in which the producer violation occurred. 325 | |
| 410 | + | (l) Nothing in this section shall be construed to limit the 326 | |
| 411 | + | commissioner's authority to issue a cease and desist order pursuant to 327 | |
| 412 | + | section 22-4d, or an emergency order, in order to respond to a condition 328 | |
| 413 | + | that may present a public health hazard, or issue orders necessary to 329 | |
| 414 | + | effectuate the purposes of this section, including, but not limited to, 330 | |
| 415 | + | orders for the embargo, partial destruction, destruction and release of 331 | |
| 416 | + | hemp or hemp products. Any cease and desist order or an emergency 332 | |
| 417 | + | order shall become effective upon service of such order by the 333 | |
| 418 | + | commissioner. Following service of any such order, subsequent 334 | |
| 419 | + | proceedings shall proceed in accordance with the provisions of section 335 | |
| 420 | + | 22-4d and the rules of practice for such agency. Any embargo, partial 336 | |
| 421 | + | destruction, destruction or release order issued pursuant to this section 337 | |
| 422 | + | shall be served by certified mail, return receipt requested to the 338 | |
| 423 | + | respondent's last known address, by in-hand service by the 339 | |
| 424 | + | commissioner or designated agent of the commissioner, or by service in 340 | |
| 425 | + | accordance with chapter 896. 341 | |
| 426 | + | (m) Following a hearing conducted in accordance with chapter 54, 342 | |
| 427 | + | the commissioner may impose an administrative civil penalty, not to 343 | |
| 428 | + | exceed two thousand five hundred dollars per violation, and suspend, 344 | |
| 429 | + | revoke or place conditions upon any producer licensee who violates the 345 | |
| 430 | + | provisions of this section or any regulation adopted pursuant to this 346 | |
| 431 | + | section. 347 | |
| 432 | + | (n) (1) Any individual who produces hemp in this state without 348 | |
| 433 | + | obtaining a license pursuant to this section, or who produces hemp in 349 | |
| 434 | + | this state after having a license suspended or revoked shall have 350 | |
| 435 | + | committed an infraction. 351 | |
| 436 | + | (2) Any entity that produces hemp in this state without obtaining a 352 | |
| 437 | + | license pursuant to this section, produces hemp in violation of this 353 Substitute Bill No. 6500 | |
| 548 | 438 | ||
| 549 | - | 210, 29-243 or 29-277, subsection (c) of section 29-291c, section 29-316, | |
| 550 | - | 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31- | |
| 551 | - | 15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 31-40, 31-44, 31- | |
| 552 | - | 47, 31-48, 31-51, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31- | |
| 553 | - | 69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection | |
| 554 | - | (i) of section 31-273, section 31-288, subdivision (1) of section 35-20, | |
| 555 | - | section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-658, subdivision | |
| 556 | - | (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 47- | |
| 557 | - | 34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, | |
| 558 | - | 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331 or 53- | |
| 559 | - | 344, subsection (c) of section 53-344b, or section 53-450, or (2) a violation | |
| 560 | - | under the provisions of chapter 268, or (3) a violation of any regulation | |
| 561 | - | adopted in accordance with the provisions of section 12-484, 12-487 or | |
| 562 | - | 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any | |
| 563 | - | town, city or borough, except violations of building codes and the health | |
| 564 | - | code, for which the penalty exceeds ninety dollars but does not exceed | |
| 565 | - | two hundred fifty dollars, unless such town, city or borough has | |
| 566 | - | established a payment and hearing procedure for such violation | |
| 567 | - | pursuant to section 7-152c, shall follow the procedures set forth in this | |
| 568 | - | section. | |
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| 442 | + | 13 of 17 | |
| 443 | + | ||
| 444 | + | section or produces hemp in this state after having a license suspended 354 | |
| 445 | + | or revoked may be fined not more than two thousand five hundred 355 | |
| 446 | + | dollars per violation, after a hearing conducted in accordance with 356 | |
| 447 | + | chapter 54. 357 | |
| 448 | + | (o) (1) Any negligent violation, as described in the federal act, of this 358 | |
| 449 | + | section or the state plan shall be subject to enforcement in accordance 359 | |
| 450 | + | with the federal act, and the state plan for negligent violations. 360 | |
| 451 | + | (2) For any negligent violation, a producer shall be required to correct 361 | |
| 452 | + | such negligent violation, by means of a corrective action plan approved 362 | |
| 453 | + | by the commissioner. Each corrective action plan shall include, at a 363 | |
| 454 | + | minimum, a reasonable completion deadline for correction of the 364 | |
| 455 | + | negligent violation, periodic reporting to the commissioner for at least 365 | |
| 456 | + | two years and compliance with the state plan. 366 | |
| 457 | + | (3) Any producer that negligently violates the state plan shall not, as 367 | |
| 458 | + | a result of such negligent violation, be referred by the commissioner for 368 | |
| 459 | + | any criminal enforcement action by the federal, state or local 369 | |
| 460 | + | government. 370 | |
| 461 | + | (4) Any producer that negligently violates the state plan three times 371 | |
| 462 | + | during any five-year period shall be ineligible to produce hemp for a 372 | |
| 463 | + | period of five years beginning on the date of the third violation. 373 | |
| 464 | + | (5) The commissioner shall conduct an inspection to determine if the 374 | |
| 465 | + | corrective action plan for a producer who commits any such negligent 375 | |
| 466 | + | violation was properly implemented. 376 | |
| 467 | + | (p) Any person aggrieved by an order issued pursuant to this section 377 | |
| 468 | + | may appeal to the commissioner in accordance with the provisions of 378 | |
| 469 | + | chapter 54. Such appeal shall be made in writing to the commissioner 379 | |
| 470 | + | and received not later than fifteen days after the date of the order. If no 380 | |
| 471 | + | appeal is made pursuant to this subsection the order shall be final. 381 | |
| 472 | + | (q) (1) All documents submitted under this section shall be subject to 382 | |
| 473 | + | disclosure in accordance with chapter 14, except: (A) Information 383 Substitute Bill No. 6500 | |
| 474 | + | ||
| 475 | + | ||
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| 478 | + | 14 of 17 | |
| 479 | + | ||
| 480 | + | depicting or describing (i) the test results of any producer, (ii) the 384 | |
| 481 | + | location of any hemp growing, harvesting, processing or storage 385 | |
| 482 | + | location, or (iii) hemp producer location security schematics; and (B) the 386 | |
| 483 | + | results of any criminal history records check. 387 | |
| 484 | + | (2) Notwithstanding the provisions of subdivision (1) of this 388 | |
| 485 | + | subsection, all documents and records submitted or maintained 389 | |
| 486 | + | pursuant to this section shall be disclosed to any law enforcement 390 | |
| 487 | + | agency upon request of such law enforcement agency. 391 | |
| 488 | + | (r) The commissioner may inspect and shall have access to the 392 | |
| 489 | + | buildings, equipment, supplies, vehicles, records, real property and 393 | |
| 490 | + | other information that the commissioner deems necessary to carry out 394 | |
| 491 | + | the commissioner's duties pursuant to this section from any person 395 | |
| 492 | + | participating in producing, handling, storing marketing or researching 396 | |
| 493 | + | hemp. 397 | |
| 494 | + | (s) Nothing in this section shall be construed to apply to any licensee 398 | |
| 495 | + | of palliative marijuana authorized pursuant to chapter 420f. 399 | |
| 496 | + | (t) All licensees pursuant to this section shall maintain records 400 | |
| 497 | + | required by the federal act, the state plan, this section and any regulation 401 | |
| 498 | + | adopted pursuant to this section. Each licensee shall make such records 402 | |
| 499 | + | available to the department immediately upon request of the 403 | |
| 500 | + | commissioner and in electronic format, if available. 404 | |
| 501 | + | (u) The commissioner may adopt regulations, in accordance with the 405 | |
| 502 | + | provisions of chapter 54, to implement the provisions of this section 406 | |
| 503 | + | including, but not limited to, the labeling of producer hemp products. 407 | |
| 504 | + | (v) Notwithstanding any provision of the general statutes: (1) 408 | |
| 505 | + | Marijuana does not include hemp or hemp products; (2) THC that does 409 | |
| 506 | + | not exceed 0.3 per cent by dry weight and that is found in hemp shall 410 | |
| 507 | + | not be considered to be THC that constitutes a controlled substance; (3) 411 | |
| 508 | + | hemp-derived cannabidiols, including CBD, shall not constitute 412 | |
| 509 | + | controlled substances or adulterants solely on the basis of containing 413 | |
| 510 | + | CBD; and (4) hemp products that contain one or more hemp-derived 414 Substitute Bill No. 6500 | |
| 511 | + | ||
| 512 | + | ||
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| 515 | + | 15 of 17 | |
| 516 | + | ||
| 517 | + | cannabidiols, such as CBD, intended for ingestion shall be considered 415 | |
| 518 | + | foods, not controlled substances or adulterated products solely on the 416 | |
| 519 | + | basis of the containing hemp-derived cannabidiols. 417 | |
| 520 | + | (w) Whenever the commissioner believes or has reasonable cause to 418 | |
| 521 | + | believe that the actions of a licensee or any employee of a producer 419 | |
| 522 | + | licensee are in violation of the federal act, the state plan, or any state law 420 | |
| 523 | + | concerning the growing, cultivation, handling, transporting or 421 | |
| 524 | + | possession of marijuana, the commissioner shall notify the Department 422 | |
| 525 | + | of Emergency Services and Public Protection and the State Police. 423 | |
| 526 | + | Sec. 2. Subsection (b) of section 51-164n of the general statutes is 424 | |
| 527 | + | repealed and the following is substituted in lieu thereof (Effective from 425 | |
| 528 | + | passage): 426 | |
| 529 | + | (b) Notwithstanding any provision of the general statutes, any person 427 | |
| 530 | + | who is alleged to have committed (1) a violation under the provisions of 428 | |
| 531 | + | section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-429 | |
| 532 | + | 393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-430 | |
| 533 | + | 251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) 431 | |
| 534 | + | of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-432 | |
| 535 | + | 435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 433 | |
| 536 | + | 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-434 | |
| 537 | + | 253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 435 | |
| 538 | + | 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection 436 | |
| 539 | + | (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 437 | |
| 540 | + | 14-12, section 14-20a or 14-27a, subsection (f) of section 14-34a, 438 | |
| 541 | + | subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, 439 | |
| 542 | + | subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) 440 | |
| 543 | + | of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 441 | |
| 544 | + | 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first 442 | |
| 545 | + | violation as specified in subsection (f) of section 14-164i, section 14-219 443 | |
| 546 | + | as specified in subsection (e) of said section, subdivision (1) of section 444 | |
| 547 | + | 14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14-445 | |
| 548 | + | 261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 446 | |
| 549 | + | 14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-447 Substitute Bill No. 6500 | |
| 550 | + | ||
| 551 | + | ||
| 552 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06500- | |
| 553 | + | R01-HB.docx } | |
| 554 | + | 16 of 17 | |
| 555 | + | ||
| 556 | + | 296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 448 | |
| 557 | + | 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-449 | |
| 558 | + | 33, subdivision (1) of section 15-97, subsection (a) of section 15-115, 450 | |
| 559 | + | section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 451 | |
| 560 | + | 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-452 | |
| 561 | + | 131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 453 | |
| 562 | + | 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-454 | |
| 563 | + | 222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-455 | |
| 564 | + | 336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-456 | |
| 565 | + | 231, 20-249, 20-257, 20-265, 20-324e, subsection (b) of section 20-334, 20-457 | |
| 566 | + | 341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48, 458 | |
| 567 | + | 21-63 or 21-76a, subsection (c) of section 21a-2, subdivision (1) of section 459 | |
| 568 | + | 21a-19, section 21a-21, subdivision (1) of subsection (b) of section 21a-460 | |
| 569 | + | 25, section 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-461 | |
| 570 | + | 46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a-462 | |
| 571 | + | 85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159, 463 | |
| 572 | + | subsection (a) of section 21a-279a, section 22-12b, 22-13, 22-14, 22-15, 22-464 | |
| 573 | + | 16, 22-26g, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 465 | |
| 574 | + | 22-39d, 22-39e, 22-49, [or] 22-54 [,] or 22-61l, as amended by this act, 466 | |
| 575 | + | subsection (d) of section 22-84, section 22-89, 22-90, 22-98, 22-99, 22-100, 467 | |
| 576 | + | 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-468 | |
| 577 | + | 342, subsection (b), (e) or (f) of section 22-344, section 22-359, 22-366, 22-469 | |
| 578 | + | 391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of section 470 | |
| 579 | + | 22a-250, subsection (e) of section 22a-256h, section 22a-363 or 22a-381d, 471 | |
| 580 | + | subsections (c) and (d) of section 22a-381e, section 22a-449, 22a-461, 23-472 | |
| 581 | + | 38, 23-46 or 23-61b, subsection (a) or subdivision (1) of subsection (c) of 473 | |
| 582 | + | section 23-65, section 25-37 or 25-40, subsection (a) of section 25-43, 474 | |
| 583 | + | section 25-43d, 25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-42, 26-475 | |
| 584 | + | 49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) of subsection (d) 476 | |
| 585 | + | of section 26-61, section 26-64, subdivision (1) of section 26-76, section 477 | |
| 586 | + | 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-105, 26-107, 26-478 | |
| 587 | + | 117, 26-128, 26-131, 26-132, 26-138 or 26-141, subdivision (1) of section 479 | |
| 588 | + | 26-186, section 26-207, 26-215, 26-217 or 26-224a, subdivision (1) of 480 | |
| 589 | + | section 26-226, section 26-227, 26-230, 26-232, 26-244, 26-257a, 26-260, 26-481 | |
| 590 | + | 276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-6a, 29-25, 29-143o, 482 Substitute Bill No. 6500 | |
| 591 | + | ||
| 592 | + | ||
| 593 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06500- | |
| 594 | + | R01-HB.docx } | |
| 595 | + | 17 of 17 | |
| 596 | + | ||
| 597 | + | 29-143z or 29-156a, subsection (b), (d), (e) or (g) of section 29-161q, 483 | |
| 598 | + | section 29-161y or 29-161z, subdivision (1) of section 29-198, section 29-484 | |
| 599 | + | 210, 29-243 or 29-277, subsection (c) of section 29-291c, section 29-316, 485 | |
| 600 | + | 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-486 | |
| 601 | + | 15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 31-40, 31-44, 31-487 | |
| 602 | + | 47, 31-48, 31-51, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-488 | |
| 603 | + | 69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection 489 | |
| 604 | + | (i) of section 31-273, section 31-288, subdivision (1) of section 35-20, 490 | |
| 605 | + | section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-658, subdivision 491 | |
| 606 | + | (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 47-492 | |
| 607 | + | 34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 493 | |
| 608 | + | 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331 or 53-494 | |
| 609 | + | 344, subsection (c) of section 53-344b, or section 53-450, or (2) a violation 495 | |
| 610 | + | under the provisions of chapter 268, or (3) a violation of any regulation 496 | |
| 611 | + | adopted in accordance with the provisions of section 12-484, 12-487 or 497 | |
| 612 | + | 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any 498 | |
| 613 | + | town, city or borough, except violations of building codes and the health 499 | |
| 614 | + | code, for which the penalty exceeds ninety dollars but does not exceed 500 | |
| 615 | + | two hundred fifty dollars, unless such town, city or borough has 501 | |
| 616 | + | established a payment and hearing procedure for such violation 502 | |
| 617 | + | pursuant to section 7-152c, shall follow the procedures set forth in this 503 | |
| 618 | + | section. 504 | |
| 619 | + | This act shall take effect as follows and shall amend the following | |
| 620 | + | sections: | |
| 621 | + | ||
| 622 | + | Section 1 from passage 22-61l | |
| 623 | + | Sec. 2 from passage 51-164n(b) | |
| 624 | + | ||
| 625 | + | ENV Joint Favorable Subst. | |
| 569 | 626 |